L-4.1 - Act respecting electoral lists

Section 318 Disposition versions

1980-08-15

318. (Replaced).

R. S. 1964, c. 7, s. 310; 1965 (1st sess.), c. 17, s. 2; 1979, c. 56, s. 256.

1977-12-31

318. (1)  The application for a re-addition or a recount must be made in the judicial district in which the electoral district concerned is wholly or partly situated.

(2)  Except in the electoral districts entirely or partially comprised in the judicial districts of Québec or Montréal, such application shall be brought before the judge of the Provincial Court or one of the judges of the Provincial Court presiding at the time at a term of the Provincial Court; if the application is made when such court is not sitting, it shall be brought before the judge of the Provincial Court or one of the judges of the Provincial Court who presided at the preceding term of such court; if it is impossible to bring such application before such judge or one of such judges, through the absence, illness or other inability to act of such judge or judges, it shall be brought before a judge of the Provincial Court designated by the chief judge of the Provincial Court or the associate chief judge of the Provincial Court, as the case may be, acting as such in the territorial jurisdiction where the electoral district concerned is situated.

(3)  In the electoral districts comprised in whole or in part in the judicial districts of Québec or Montréal, the application shall be brought before a judge of the Provincial Court designated by the judge of the Provincial Court performing the functions of chief judge of the Provincial Court at Québec as to the electoral districts situated in the judicial district of Québec, and by the judge of the Provincial Court performing the same functions at Montréal as to the electoral districts situated in the judicial district of Montréal, whether such functions be performed as chief judge of the Provincial Court or as associate chief judge of the Provincial Court.

(4)  If the chief judge of the Provincial Court or associate chief judge of the Provincial Court, as the case may be, is prevented by absence, illness or any other cause from designating a judge of the Provincial Court, when required to do so under the provisions of subsections 2 and 3 of this section, the application may be brought before any judge of the Provincial Court.

R. S. 1964, c. 7, s. 310; 1965 (1st sess.), c. 17, s. 2.