Canada Elections Act

Marginal note:Loss or destruction of ballot boxes

• 296 (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.

• Marginal note:Power to summon and examine

  (2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she

  • (a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate at the polling stations;

  • (b) for ascertaining the total number of votes under paragraph (a), may summon any election officer or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and

  • (c) may question the election officer or other person respecting the matter in question and, if necessary, ask them to make a solemn declaration in respect of the matter.

• Marginal note:Notice to candidates

  (3) If paragraph (2)(b) applies, the returning officer shall give notice to the candidates for that electoral district of the date and time fixed for the appearance.

• Marginal note:Obligation to comply with summons

  (4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it.