PART 20CONTESTED ELECTIONS
Marginal note:Means of contestation
522. (1) The validity of the election of a candidate may not be contested otherwise than in accordance with this Part.
Marginal note:No effect on rights and obligations
(2) The making of an application to contest an election does not affect any right or obligation of a candidate in that election.
Marginal note:Nul and void election
523. The election of a person is nul and void if, under section 65, the person was not eligible to be a candidate.
Marginal note:Contestation of election
524. (1) Any elector who was eligible to vote in an electoral district, and any candidate in an electoral district, may, by application to a competent court, contest the election in that electoral district on the grounds that
(a) under section 65 the elected candidate was not eligible to be a candidate; or
(b) there were irregularities, fraud or corrupt or illegal practices that affected the result of the election.
(2) An application may not be made on the grounds for which a recount may be requested under subsection 301(2).
Marginal note:Competent courts
525. (1) The following courts are competent courts for the purposes of this Part:
(a) a court listed in subsection (2) that has jurisdiction in all or part of the electoral district in question; and
(b) the Federal Court.
(2) For the purposes of paragraph (1)(a), the courts are
(a) in the Province of Ontario, the Superior Court of Justice;
(b) in the Province of Quebec, the Superior Court;
(c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court;
(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;
(e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and
(f) in Nunavut, the Nunavut Court of Justice.
Marginal note:Rules of procedure
(3) An application shall be dealt with without delay and in a summary way. The court may, however, allow oral evidence to be given at the hearing of the application in specific circumstances.
- 2000, c. 9, s. 525;
- 2002, c. 7, s. 94(E), c. 8, s. 117;
- 2014, c. 12, s. 111.
- Date modified: