Canada Elections Act

Marginal note:Application for recount

• 301 (1) An elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, 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.