Marginal note:Ballot boxes

298. After the close of an election, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.

Definition of “judge”

• 299. (1) In this Part, “judge” means a judge who sits in the electoral district where the results are validated.

• Marginal note:Powers of judge

  (2) A judge who is authorized by sections 300 to 309 to act may act, to the extent authorized, within or outside his or her judicial district.

Marginal note:Request by returning officer for recount

• 300. (1) If the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than 1/1000 of the votes cast, the returning officer shall make a request to a judge for a recount within four days after the results are validated.

• Marginal note:Notice to candidates

  (2) The returning officer shall notify each candidate or his or her official agent in writing of the request for a recount.

• Marginal note:Recount automatic

  (3) The judge shall fix the date for the recount to be conducted within four days after he or she receives the request.

• Marginal note:Documents to be supplied

  (4) The returning officer shall attend the recount and shall bring all relevant election materials including

  • (a) the ballot boxes;

  • (b) the statements of the vote used to validate the results; and

  • (c) all ballots cast and statements of the vote made in accordance with Part 11.

Marginal note:Application for recount

• 301. (1) An elector may, within four days after the date on which a returning officer issues a certificate under section 297, apply to a judge for a recount.

• Marginal note:Grounds for recount

  (2) The judge shall fix a date for a recount if it appears, on the affidavit of a credible witness, that

  • (a) a deputy returning officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or

  • (b) the returning officer has incorrectly added up the results set out in the statements of the vote.

• Marginal note:Deposit

  (3) The applicant shall deposit with the clerk or prothonotary of the court the sum of $250 as security for the costs of the candidate who obtained the largest number of votes.

• Marginal note:Date for recount and summons

  (4) The date fixed for the recount shall be within four days after the judge receives the application. The judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11.

• Marginal note:Notice to candidates

  (5) The judge shall notify each candidate or his or her official agent in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner.

• Marginal note:Returning officer required to attend

  (6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.