C-65 - Act respecting provincial controverted elections

Replaced on 15 August 1980

This document has official status.

chapter C-65

Act respecting provincial controverted elections

Chapter C-65 is replaced by the Election Act (chapter E-3.1). (1979, c. 56, s. 309).

1979, c. 56, s. 309.

DIVISION I PRELIMINARY PROVISIONS

1. This act shall govern every contestation of the election of a member of the Assemblée nationale and the validity of such election shall not be otherwise contested.

R. S. 1964, c. 8, s. 1; 1968, c. 9, s. 90.

2. In this act, unless the context indicates a different meaning,

(1)  “candidate” means a person nominated as a candidate at an election of a member of the Assemblée nationale;

(2)  “member” means a person elected to the Assemblée nationale;

(3)  “electoral district” means any territorial division formed under the Territorial Division Act (chapter D-11) for the purposes of representation in the Assemblée nationale;

(4)  “election” means an election of a member to serve in the Assemblée nationale;

(5)  “clerk” means the clerk of the Provincial Court and includes any deputy-clerk of such court;

(6)  “judge” means a judge of the Provincial Court or the Provincial Court presided over by a single judge thereof;

(7)  “court” means three judges of the Provincial Court sitting together for the purposes of the trial of a petition;

(8)  “President of the Assemblée nationale” means the President of the Assemblée nationale and, when the office of President is vacant or when the President is absent from Québec or unable to act, the Secretary General of the Assemblée nationale;

(9)  “petition” means a petition in contestation of an election;

(10)  “corrupt practice” means any act declared to be such by section 398 or section 413 of the Election Act (chapter E-3) or by any other act of the Legislature.

R. S. 1964, c. 8, s. 2; 1965 (1st sess.), c. 17, s. 2; 1968, c. 9, s. 90.

DIVISION II JURISDICTION

3. The Provincial Court shall have exclusive jurisdiction over petitions in contestation of elections and the proceedings to be had in relation thereto.

R. S. 1964, c. 8, s. 3; 1965 (1st sess.), c. 17, s. 2.

4. The petition shall be presented and tried in the judicial district in which the whole or part of the electoral district concerned is located.

R. S. 1964, c. 8, s. 4.

5. Proceedings under this act shall have precedence over all others.

In such proceedings, the judge or the court, as the case may be, shall have jurisdiction at any time of the year.

R. S. 1964, c. 8, s. 5.

6. As regards a petition, the officers of the Provincial Court shall have the same powers and be subject to the same obligations as in an ordinary suit within the jurisdiction of the Provincial Court.

R. S. 1964, c. 8, s. 6; 1965 (1st sess.), c. 17, s. 2.

7. (1)  In the judicial district of Québec, whenever proceedings in connection with a petition are within the competence of a judge, he shall be designated by the judge of the Provincial Court acting as chief judge of the Provincial Court at Québec; in the district of Montréal, such judge shall be designated by the judge of the Provincial Court so acting at Montréal.

(2)  In the other judicial districts, such judge shall be the judge of the Provincial Court then presiding in the Provincial Court; if the court is not sitting, such judge shall be the judge of the Provincial Court who presided at the last sitting of such court.

(3)  If it is impossible to assign such proceedings to the judge mentioned in the preceding subsection, the judge who shall act shall be designated by the chief judge of the Provincial Court or the associate chief judge of the Provincial Court according to their respective administrative jurisdiction.

(4)  The three judges presiding over the court shall be designated, in the districts of Québec and Montréal, according to subsection 1; in the other districts one shall be designated in accordance with subsection 2 and the others in accordance with subsection 3 unless the judge designated under subsection 2 is unable to act, in which case they shall all be designated in accordance with subsection 3.

R. S. 1964, c. 8, s. 7; 1965 (1st sess.), c. 17, s. 2.

DIVISION III PROCEDURE

§ 1 . — Presentation of the Petition

8. A petition may be presented:

(1)  By any elector of major age who was qualified to vote at the election to which the petition relates and whose name was entered on the electoral list which was used at such election;

(2)  By any candidate at such election.

R. S. 1964, c. 8, s. 8.

9. In a petition it may be alleged that:

(a)  an undue return, no return or a double return was made;

(b)  a member was unduly elected;

(c)  due to corrupt practice, a member became ineligible to the Assemblée nationale and disqualified from sitting therein;

(d)  due to corrupt practices a candidate not elected became ineligible to the Assemblée nationale.

R. S. 1964, c. 8, s. 9; 1968, c. 9, s. 90.

10. No particular form is prescribed for the drawing up of a petition. It must, however, be accompanied by an affidavit drawn up in accordance with form 1 and sworn to by each petitioner.

R. S. 1964, c. 8, s. 10.

11. Subject to the provisions of section 12, the petition must be presented within thirty days after the day of publication in the Gazette officielle du Québec of the notice of election by the director general of elections in accordance with section 354 of the Election Act (chapter E-3).

R. S. 1964, c. 8, s. 11; 1977, c. 11, s. 132.

12. (1)  A petition based on an alleged corrupt practice referred to in sections 416 and 418 of the Election Act (chapter E-3) and committed after the election return has been made may be presented within thirty days after the day when such corrupt practice was committed.

(2)  A petition based on an alleged corrupt practice referred to in section 398 of the Election Act (chapter E-3) may be presented within sixty days after the filing of the return prescribed by section 391 of the said act, or within ninety days after the filing of the return prescribed by section 392 of the said act, as the case may be.

(3)  A petition based on an alleged corrupt practice whereby it is alleged that a candidate not elected became ineligible to the Assemblée nationale may be presented by the member whose election is contested within fifteen days after the service of the petition against such member.

R. S. 1964, c. 8, s. 12; 1968, c. 9, s. 90.

13. A petition shall be presented by delivering it at the office of the clerk.

R. S. 1964, c. 8, s. 13.

14. At the time of presentation of the petition, the petitioner shall give security for the payment of the costs that may become payable by him:

(1)  to any person summoned as a witness on his behalf;

(2)  to the member whose election, return or eligibility is called in question;

(3)  to the candidate not elected, against whom a complaint has been made.

R. S. 1964, c. 8, s. 14.

15. The security shall be one thousand dollars and shall be given by a deposit of that sum with the clerk, who shall forward the same to the Minister of Finance of Québec in the manner prescribed for judicial deposits.

To be valid, the deposit must be made in notes of the Bank of Canada or by means of a cheque certified by a bank or credit union.

The clerk shall give a receipt for such deposit, which shall be evidence of the sufficiency thereof.

R. S. 1964, c. 8, s. 15.

16. Several persons may be made respondents to the same petition, and their cases may be tried at the same time.

But as regards the security and for all other purposes of this act, such petition shall be deemed to be a separate petition against each respondent.

R. S. 1964, c. 8, s. 16.

17. A petition may be presented, or the trial thereof proceeded with, notwithstanding the acceptance by the respondent of an office disqualifying him from sitting in the Assemblée nationale or the resignation of his seat.

R. S. 1964, c. 8, s. 17; 1968, c. 9, s. 90.

18. The proceedings on a petition shall not be suspended by the convocation or prorogation of the Legislature or the dissolution of the Assemblée nationale.

R. S. 1964, c. 8, s. 18; 1968, c. 9, s. 90.

19. If a petitioner refuses or neglects to continue the contestation, the other petitioners may do so.

R. S. 1964, c. 8, s. 19.

20. The clerk shall keep a special register of the petitions presented under this act, and shall draw up a list thereof in the order in which they were presented.

Such list shall be styled “List of Provincial Controverted Elections”.

It may be examined at the office of the clerk by any person applying therefor.

R. S. 1964, c. 8, s. 20.

21. If more than one petition be presented relating to the same election or return, all such petitions shall be bracketed together on the list as one petition.

R. S. 1964, c. 8, s. 21.

§ 2 . — Service of Petition

22. Within five days after the day of presentation of the petition, the petitioner shall cause each respondent to be served with a copy of the petition, a notice of the presentation thereof and of the security, and a copy of the receipt for the deposit.

A copy of the petition including the notice of presentation thereof shall be sent by registered or certified mail, within the same delay, to the director general of elections.

R. S. 1964, c. 8, s. 22; 1975, c. 83, s. 84; 1977, c. 11, s. 132.

23. An additional delay for effecting such service may be granted by the judge, for any reason he may deem sufficient.

R. S. 1964, c. 8, s. 23.

24. If any respondent cannot be served personally or at his domicile within the delay fixed, the service may be effected upon such other person as the judge may appoint or in such other manner as he may order.

R. S. 1964, c. 8, s. 24.

25. The service required by section 22 shall be effected, as nearly as may be, in the manner in which a writ of summons is served in civil matters.

R. S. 1964, c. 8, s. 25.

§ 3 . — Contestation

26. No preliminary objection or exception shall be permitted.

The judge, however, may order the petitioner to remedy the lack or insufficiency of the security and dismiss the petition if the petitioner fails to do so within the delay allowed.

R. S. 1964, c. 8, s. 26.

27. Within five days after the service of the petition the respondent may present to the judge an application for particulars.

Such application must be served on the petitioner or his attorney and a copy thereof shall be sent by registered or certified mail to the director general of elections.

R. S. 1964, c. 8, s. 27; 1975, c. 83, s. 84; 1977, c. 11, s. 132.

28. Within five days after the petition has been served, within five days after judgment is rendered on the application for particulars if such application is dismissed, and within five days after the particulars have been filed if the application is granted, the respondent may file an answer in writing to the petition.

Such answer must be served on the petitioner or his attorney and a copy shall be sent by registered or certified mail to the director general of elections.

Within five days after the service of the answer, the petitioner may present an application for particulars, which application shall be subject to the provisions of section 27.

R. S. 1964, c. 8, s. 28; 1975, c. 83, s. 84; 1977, c. 11, s. 132.

29. Issue is joined by the filing of the answer or by the expiration of the delay for filing it.

The judge shall then fix, on application by any party, a day and a convenient place for the trial of the petition.

If the respondent has been ordered to furnish particulars, the issue is joined by the filing thereof or by the expiration of the delay allowed for filing them.

R. S. 1964, c. 8, s. 29.

30. Within fifteen days after joinder of issue, if no party has applied to the judge to fix a day for the trial of the petition, the clerk shall make such application and the judge shall fix as soon as possible a day and a convenient place for the trial of the petition.

Five days before making such application, the clerk shall give notice thereof to the parties.

R. S. 1964, c. 8, s. 30.

31. As soon as a day is fixed for the trial of the petition, the clerk shall inform the director general of elections thereof by registered or certified mail.

R. S. 1964, c. 8, s. 31; 1975, c. 83, s. 84; 1977, c. 11, s. 132.

32. Saving the case of section 26, no petition shall be dismissed by the judge or court for inobservance of any prescribed formality or defect of form.

The judge or the court may at any time permit the amendment of the petition, answer, particulars and any other proceeding, on such conditions as he or it may fix.

A copy of any amendment made under the preceding paragraph must be sent by registered or certified mail to the director general of elections.

R. S. 1964, c. 8, s. 32; 1975, c. 83, s. 84; 1977, c. 11, s. 132.

§ 4 . — Preliminary Examination

33. After issue joined, each party, whether petitioner or respondent, may be examined before trial by an adverse party on any matter raised by the petition or the answer.

The party examined may be further examined on his own behalf touching any matter upon which he has been interrogated in the first instance.

R. S. 1964, c. 8, s. 33.

34. When one petitioner or respondent has been examined, any other petitioner or respondent united in interest with him may be interrogated in his own behalf or on behalf of those united with him in interest, in the same manner as the party examined in the first instance.

Such examination shall be proceeded with immediately after the examination contemplated in section 33, except by leave of a judge or of the court.

R. S. 1964, c. 8, s. 34.

35. If, by a petition, the seat is claimed for a candidate who is not a party to the petition, such candidate may be examined as if he were a petitioner.

R. S. 1964, c. 8, s. 35.

36. After issue joined, any party or other person may be summoned to appear for examination before a judge by writ of subpoena ordering him to appear and give evidence or to bring with him and produce all documents or other things mentioned in the subpoena, in the same way as at the trial of the petition; he shall be bound to appear and obey such summons and shall be entitled to be taxed for his appearance and his expenses, as if he had been summoned to appear at the trial.

R. S. 1964, c. 8, s. 36.

37. Every sheriff, gaoler or other person having the custody of any prisoner shall, if ordered by a judge, bring such prisoner before a judge to be examined.

R. S. 1964, c. 8, s. 37.

38. Forty-eight hours’ notice of each preliminary examination shall be given to the parties to the suit or to their attorneys.

R. S. 1964, c. 8, s. 38.

39. The preliminary examination shall take place before a judge in the presence of the parties or their attorneys.

R. S. 1964, c. 8, s. 39.

40. The examination and cross-examination shall be conducted, as nearly as may be, in the same way as in cases tried before the Provincial Court.

The deposition shall be taken down by means of stenography.

Each party shall be entitled to obtain a copy thereof on payment of the required sum according to the tariff for official stenographers.

R. S. 1964, c. 8, s. 40; 1965 (1st sess.), c. 17, s. 2.

41. Any person summoned for examination who refuses or neglects to attend at the time and place appointed, or who refuses to be sworn or to answer any lawful question, may be punished by the judge or court as for contempt of court.

R. S. 1964, c. 8, s. 41.

42. Any party may declare in writing, at the commencement of the trial, his intention to use a deposition taken during a preliminary examination.

R. S. 1964, c. 8, s. 42.

§ 5 . — Trial

43. Petitions inscribed on the list of controverted elections shall, as far as possible, be tried in the order in which they stand on such list.

R. S. 1964, c. 8, s. 43.

44. The trial of every petition shall take place before the court.

R. S. 1964, c. 8, s. 44.

45. Whenever the court deems it expedient, it may adjourn the proceedings and transfer the trial from one place to another.

R. S. 1964, c. 8, s. 45.

46. Witnesses shall be summoned and sworn, as nearly as possible, in the same manner as in ordinary cases before the Provincial Court.

R. S. 1964, c. 8, s. 46; 1965 (1st sess.), c. 17, s. 2.

47. On the trial of a petition, the court may also issue an order to compel the attendance of any person as a witness whom it believes able to give any information respecting the election which is contested.

R. S. 1964, c. 8, s. 47.

48. The evidence shall be taken down by stenography.

Each party shall be entitled to obtain a copy thereof on payment of the required sum according to the tariff for official stenographers.

R. S. 1964, c. 8, s. 48.

49. No person shall be excused from answering any question put to him, under this act, touching any election or the conduct of any person thereat, on the ground that the reply to such question would render him liable to legal proceedings.

But when a witness objects to answer a question because his answer might incriminate him, the answer given shall not be used against him in any judicial proceeding other than a charge of perjury in the giving of such evidence.

R. S. 1964, c. 8, s. 49.

50. The reasonable expenses incurred by any person in appearing to give evidence at the trial of a petition shall be allowed him by a certificate of the clerk, according to the scale of fees and expenses allowed witnesses in cases in the Provincial Court.

R. S. 1964, c. 8, s. 50; 1965 (1st sess.), c. 17, s. 2.

51. Unless the court otherwise directs, any charge of corrupt practices may be gone into and evidence in relation thereto received, before any proof has been given of participation on the part of any candidate or his agent in respect of such corrupt practices.

R. S. 1964, c. 8, s. 51.

52. The rules of evidence shall be those of the law of England in force on the 1st of July 1867, and article 308 of the Code of Civil Procedure shall apply.

It shall not be necessary to produce the writ of election or the proclamation or the commission of the returning-officer, but parol evidence of such facts shall constitute sufficient proof that the election has been held.

The archives, registers, journals and documents of the Legislature and all those of a public nature, the keeping of which is required by law, as also official copies of and extracts from such documents, shall be prima facie proof of the contents thereof.

R. S. 1964, c. 8, s. 52; 1965 (1st sess.), c. 80, a. 1.

53. If the judges do not agree on a decision to be rendered during the trial, the question shall be decided by the majority.

R. S. 1964, c. 8, s. 53.

§ 6 . — Judgment

54. The court shall determine:

(1)  Whether the member whose election or return is contested has been duly elected or declared elected; or

(2)  Whether any other person has been elected and, if so, who such person is; or

(3)  Whether the election was void; and

(4)  All other matters arising out of the petition or requiring its determination.

R. S. 1964, c. 8, s. 54.

55. If the judges of the court do not agree, the question shall be decided by the majority.

R. S. 1964, c. 8, s. 55.

56. One certified copy of the judgment, as soon as it has become final and non-appealable, shall be sent without delay to the President of the Assemblée nationale, one to the clerk of the Provincial Court of the district in which the petition was presented and one to the director general of elections.

R. S. 1964, c. 8, s. 56; 1965 (1st sess.), c. 17, s. 2; 1968, c. 9, s. 90; 1977, c. 11, s. 132.

57. When it is charged in a petition that any corrupt practice was committed at the election, the court shall send to the President of the Assemblée nationale, together with its judgment, a report in writing stating:

(1)  Whether any corrupt practice has or has not been proved to have been committed by a candidate at such election or by his official agent or with their knowledge, stating the name of such candidate or agent and the nature of such corrupt practice;

(2)  The name of every person against whom, at the trial of the petition, the commission of any corrupt practice has been proved;

(3)  Whether any corrupt practice has, or whether there is reason to believe that corrupt practices have extensively prevailed at the election to which the petition relates.

R. S. 1964, c. 8, s. 57; 1968, c. 9, s. 90.

58. The court shall also send to the President of the Assemblée nationale a special report on all questions that may have arisen during the proceedings on the petition and which, in its opinion, ought to be submitted to the Assemblée nationale.

R. S. 1964, c. 8, s. 58; 1968, c. 9, s. 90.

§ 7 . — Appeals

59. An appeal shall lie to the Court of Appeal from any final judgment on a petition.

The appeal shall be to the Court of Appeal sitting at Montréal, if the judgment was rendered in a district whence, in virtue of the Code of Civil Procedure, cases are taken in appeal to Montréal, and to the Court of Appeal sitting at Québec, if it was rendered in a district whence, in virtue of the said Code, cases are taken in appeal to Québec.

R. S. 1964, c. 8, s. 59; 1974, c. 11, s. 2.

60. (1)  Such appeal shall be taken, in a summary manner, by means of an inscription in appeal, signed by the appellant or his attorney, filed in the office of the clerk of the Provincial Court of the district in which the judgment was rendered, within fifteen days after the rendering thereof, with a deposit of two hundred dollars as security for costs and a further sum of twenty dollars for making up and sending the record.

(2)  As soon as such inscription and deposit have been made, the clerk who received them shall transmit the record to the Court of Appeal in the usual manner as prescribed by the Code of Civil Procedure.

(3)  Within the said fifteen days, the appellant shall serve a notice of the inscription in appeal upon the parties interested in such appeal. A copy of such notice must be sent by registered or certified mail to the director general of elections.

(4)  If the evidence was manifolded for the purposes of the case in the court below, such transcription shall suffice for the appeal, provided ten copies at least are produced.

(5)  If the evidence was not manifolded for the purposes of the case in the court below, the parties shall be obliged to manifold or type only so much of the evidence as refers to that issue of the case respecting which the appeal is brought, and for that purpose they shall, within ten days after the inscription in appeal, apply, after notice, to one of the judges of the Court of Appeal for the selection of the evidence that is to be manifolded or typewritten.

Manifolded or typewritten factums shall be produced by the parties, as in ordinary appeals to the Court of Appeal, within fifteen days after the filing of the inscription.

R. S. 1964, c. 8, s. 60; 1965 (1st sess.), c. 17, s. 2; 1974, c. 11, s. 2; 1975, c. 83, s. 84; 1977, c. 11, s. 132.

61. (1)  The appeal shall have precedence over all other cases.

(2)  Sections 56, 57 and 58 shall apply, mutatis mutandis , to the judgment of the Court of Appeal.

R. S. 1964, c. 8, s. 61; 1974, c. 11, s. 2.

62. The judgment of the Court of Appeal shall be final and without appeal.

R. S. 1964, c. 8, s. 62; 1974, c. 11, s. 2.

63. No judgment other than the final judgment on the petition shall be subject to appeal.

However, two judges of the Court of Appeal, upon petition made within fifteen days, may revise a judgment that unduly delays the trial of the petition.

Such petition shall not suspend the proceedings.

R. S. 1964, c. 8, s. 63; 1974, c. 11, s. 2.

§ 8 . — Discontinuance

64. No petition shall be discontinued without leave of the court granted upon application.

R. S. 1964, c. 8, s. 64.

65. Fifteen days before applying for such leave, the petitioner shall insert in a French language daily newspaper and an English language daily newspaper published in the electoral district or in its vicinity, and in the Gazette officielle du Québec, a notice of his intention to discontinue his petition.

R. S. 1964, c. 8, s. 65.

66. The application for leave to discontinue a petition or any essential proceeding the abandonment of which would cause the petition to fail must be accompanied by an affidavit in accordance with form 2.

R. S. 1964, c. 8, s. 66.

67. No such application shall be granted unless the court is convinced, from the allegations of the affidavit, that the deponent is in good faith.

R. S. 1964, c. 8, s. 67.

68. If the court decides that the application for discontinuance should be allowed, it shall give judgment granting such application, and immediately report to the President of the Assemblée nationale the reasons which occasioned the granting thereof; its report shall be accompanied by copies of the documents produced in support of the application.

A copy of such report shall be sent to the director general of elections.

R. S. 1964, c. 8, s. 68; 1968, c. 9, s. 90; 1977, c. 11, s. 132.

69. No petition or essential proceeding the dismissal of which would cause a petition to fail shall be dismissed by the court or judge unless each petitioner has produced, before the hearing, an affidavit made in the form 3.

R. S. 1964, c. 8, s. 69.

70. When an application is made to discontinue any petition or essential proceeding, any person who might have petitioned against the election may apply to the judge or to the court to be substituted in lieu of the petitioner who wishes to discontinue his petition.

R. S. 1964, c. 8, s. 70.

71. The judge or the court, if it appears advisable, may substitute such applicant as petitioner and may further, if of the opinion that the discontinuance is induced by any corrupt bargain or consideration, order that the security given on behalf of the original petitioner remain as security for the costs to be incurred by the substituted petitioner, and that the original petitioner shall be liable for the costs of the substituted petitioner, to the extent of the amount of such security.

R. S. 1964, c. 8, s. 71.

72. If no such order is made with respect to the security given on behalf of the original petitioner, the substituted petitioner, before he proceeds with his petition, and within the delay prescribed by the judge or court, must give security similar to that furnished on the presentation of a petition and subject to the like conditions.

The amount of security may, however, be reduced as the circumstances of the case may require.

R. S. 1964, c. 8, s. 72.

73. The substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same obligations and responsibilities as the original petitioner, having regard to the conditions hereinabove set forth.

R. S. 1964, c. 8, s. 73.

74. If the petitioner discontinues his petition, he shall be liable for the costs of the respondent, unless the judge or the court orders otherwise.

R. S. 1964, c. 8, s. 74.

75. If there are more petitioners than one, the application to discontinue the petition must be made with the consent of all the petitioners.

R. S. 1964, c. 8, s. 75.

76. When a petition has been discontinued, the court, if of opinion that such discontinuance was the result of any corrupt arrangement, or was made in consideration of the discontinuance of another petition, shall report such opinion to the President of the Assemblée nationale.

R. S. 1964, c. 8, s. 76; 1968, c. 9, s. 90.

77. If the petitioner neglects or refuses to proceed, or dies, the judge or court may permit one or more persons to be substituted as petitioners, according to the rules hereinabove set forth.

R. S. 1964, c. 8, s. 77.

78. If, during the trial of a petition in contestation of an election, it happens:

(a)  that the respondent dies; or

(b)  that the Assemblée nationale declares his seat vacant; or

(c)  that the respondent gives notice that he does not intend to oppose or further to oppose the petition;

notice thereof must be given in the manner prescribed by section 65, and the judge or the court shall adjourn the proceedings in order that such notice may be given.

R. S. 1964, c. 8, s. 78 (part); 1968, c. 9, s. 1, s. 90.

79. Within the delay prescribed, any person who might have made the petition may apply to the judge or court to be admitted as respondent to oppose the petition or so much thereof as may still remain undisposed of.

R. S. 1964, c. 8, s. 79.

80. The person so admitted shall be liable for the costs thereafter incurred, according to the result of the case.

R. S. 1964, c. 8, s. 80.

81. When a respondent has given notice that he does not intend to oppose or further to oppose the petition, the judge or the court shall immediately report the same to the President of the Assemblée nationale.

R. S. 1964, c. 8, s. 81; 1968, c. 9, s. 90.

82. The respondent shall not, after having given such notice, appear or act in any proceeding as a party interested against the petition, nor shall he, until the Assemblée nationale has received the final report on the petition, sit or vote in the Assemblée nationale.

R. S. 1964, c. 8, s. 82; 1968, c. 9, s. 90.

83. When, on a petition complaining of a double return, the respondent has given notice that he does not intend to oppose the petition, and no party has been admitted to oppose it, the petitioner may discontinue his petition by notice to the clerk, provided there is no petition against the other member declared elected in the double return.

The judge or the court shall immediately report the fact to the President of the Assemblée nationale.

R. S. 1964, c. 8, s. 83; 1968, c. 9, s. 90.

§ 9 . — Duties of the President of the Assemblée nationale.

84. Notwithstanding any law to the contrary, the President of the Assemblée nationale, as soon as possible after having received the judgment and report, shall take all necessary steps for confirming or altering the return of the returning-officer, for a new election, or for otherwise carrying the final judgment into execution, as circumstances may require.

He may, for a new election, address his warrant to the director general of elections.

R. S. 1964, c. 8, s. 84; 1968, c. 9, s. 90; 1977, c. 11, s. 132.

85. The President of the Assemblée nationale shall communicate without delay to the Assemblée nationale the judgment and report which he has received, and his own proceedings thereon.

R. S. 1964, c. 8, s. 85; 1968, c. 9, s. 90.

§ 10 . — Costs and fees

86. The costs and fees of prothonotaries and the taxes on proceedings in a first class action in the Superior Court shall be exigible by the clerks in the proceedings on a petition, so far as such latter proceedings can be assimilated to the former.

R. S. 1964, c. 8, s. 86.

87. All costs resulting from the presentation of a petition in contestation of an election and from the proceedings consequent thereon shall be payable by the petitioner or by the adverse parties, in such manner and in such proportion as the judge or court may determine.

R. S. 1964, c. 8, s. 87.

88. The judge or the court shall disallow all costs which, in his or its opinion, have been caused by vexatious conduct or unfounded allegations or objections, and, with a view to discouraging needless expense, shall adjudge such costs against the party by whom the same were caused, whatever be the result of the contestation.

R. S. 1964, c. 8, s. 88.

89. The costs shall be taxed in the manner ordinarily observed by the Provincial Court in civil actions, by the clerk of the district where the record is.

R. S. 1964, c. 8, s. 89; 1965 (1st sess.), c. 17, s. 2.

90. (1)  If costs are awarded against the petitioner, a statement of costs due to his witnesses and to each party, with a certificate of taxation, shall be sent by the clerk to the Minister of Finance within thirty days after the judgment.

(2)  At the expiration of such delay, such persons shall be entitled to receive from the Minister of Finance, out of the amount deposited as security, the sum taxed in their favour, if the total amount of the various certificates does not exceed the amount of the deposit.

(3)  If the amount exceeds that of the deposit, each such person shall receive only his proportion thereof, and he may afterwards obtain from the clerk of the Provincial Court a writ of execution or of garnishment against the petitioner for the balance of his costs.

(4)  If the amount of the costs so taxed is less than the deposit, the petitioner, after the delay of thirty days has expired, may obtain payment of the balance.

R. S. 1964, c. 8, s. 90; 1965 (1st sess.), c. 17, s. 2.

91. If costs are awarded against the respondent, they shall be taxed and may, at the expiration of thirty days from the judgment, be levied by writ of execution or garnishment issued by the clerk of the Provincial Court.

R. S. 1964, c. 8, s. 91; 1965 (1st sess.), c. 17, s. 2.

92. (1)  If the election is set aside on account of any corrupt practice on the part of an agent without the knowledge and consent of the candidate, such agent may be condemned jointly and severally with the respondent to pay all or part of the costs awarded to the petitioner.

(2)  The court shall order that such agent be summoned to appear within a fixed delay to be heard.

(3)  If he does not appear, he shall be condemned, on the proof already taken, to pay the costs wholly or in part, as shall be deemed just.

(4)  If he appears, the court, after having heard the parties and the proof adduced, shall render judgment.

(5)  The petitioner may execute the judgment for the costs against any agent so condemned, in the same manner as against the respondent.

(6)  Moreover, the agent so condemned may be imprisoned for a term not exceeding two months, on failure to satisfy a judgment.

R. S. 1964, c. 8, s. 92.

DIVISION IV GENERAL PROVISIONS

93. The Superior Court and its judges shall have no jurisdiction in respect of a contestation of the election of any member.

None of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against a court, judge, clerk or other person respecting a petition or any act or proceeding relating thereto.

Two judges of the Court of Appeal may quash summarily, on petition, any writ, order or injunction issued or granted contrary to this section.

R. S. 1964, c. 8, s. 93; 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2.

94. Failing proof of bad faith, no right of action shall lie against any person on account of allegations in a petition, answer or other proceeding taken under the authority of this act or any evidence or pleading relating thereto.

R. S. 1964, c. 8, s. 94.