Canada Elections Act (S.C. 2000, c. 9)

Act current to 2014-09-29 and last amended on 2014-06-19. Previous Versions

Marginal note:Security of documents
  •  (1) During a break described in section 305, the judge or any other person who has possession of ballots and other election documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance.

  • Marginal note:Supervision of sealing

    (2) The judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security.

Marginal note:Judge may terminate recount

 Except in a case referred to in section 300, a judge may at any time terminate a recount on request in writing by the person who applied for the recount.

Marginal note:Procedure at conclusion of recount

 At the conclusion of a recount, the judge shall

  • (a) seal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate; and

  • (b) deliver the original of the certificate to the returning officer and a copy of it to each candidate.

Marginal note:Costs
  •  (1) If a recount does not alter the result of the vote so as to affect the return, the judge shall

    • (a) order the costs of the candidate for whom the largest number of votes have been cast to be paid by the person who applied for the recount; and

    • (b) tax those costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.

  • Marginal note:Disposal of deposit and right of action for balance

    (2) The money deposited as security for costs shall, as far as is necessary, be paid out to the candidate in whose favour costs are awarded under subsection (1) and, if the deposit is insufficient to cover the costs, the party in whose favour the costs are awarded has their action for the balance.

Marginal note:Application for reimbursement of costs
  •  (1) After a recount, a candidate may make an application to the Chief Electoral Officer for reimbursement of his or her costs in respect of the recount, setting out the amount and nature of the costs and whether they were actually and reasonably incurred.

  • Marginal note:Chief Electoral Officer determines costs

    (2) On receipt of an application under subsection (1), the Chief Electoral Officer shall determine the costs, and shall make a request for reimbursement to the Receiver General, up to a maximum of $500 for each day or part of a day during which the judge conducted the recount.

  • Marginal note:Payment from Consolidated Revenue Fund

    (3) The Receiver General, on receipt of a request for reimbursement from the Chief Electoral Officer, shall pay to the candidate the amount requested from the Consolidated Revenue Fund.