C-64.1 - Referendum Act

Section 41 Disposition versions

1999-10-22

41. Only the chairman of a national committee may apply for a recount of the votes before a judge.

Such application shall be made before the Conseil du référendum, which has exclusive jurisdiction to hear it. It must be made within 15 days after that of the polling. The application for a recount of the votes before a judge may be limited to one or several electoral divisions.

The Conseil du référendum shall receive such application only to the extent that it is of opinion that the facts alleged, were they true, would be susceptible of changing the total result of the referendum.

Where the Conseil du référendum receives an application for a recount of the votes before a judge, such recount shall be made, in each electoral division contemplated, as if the referendum had been an election, with the necessary modifications. No costs may be awarded. Even where all the ballot papers are rejected by the judge, no new referendum may be held.

1978, c. 6, s. 41; 1981, c. 4, s. 11; 1999, c. 40, s. 87.

1981-06-12

41. Only the chairman of a national committee may apply for a recount of the votes before a judge.

Such application shall be made before the Conseil du référendum, which has exclusive and ultimate jurisdiction to hear it. It must be made within fifteen days after that of the polling. The application for a recount of the votes before a judge may be limited to one or several electoral divisions.

The Conseil du référendum shall receive such application only to the extent that it is of opinion that the facts alleged, were they true, would be susceptible of changing the total result of the referendum.

Where the Conseil du référendum receives an application for a recount of the votes before a judge, such recount shall be made, in each electoral division contemplated, as if the referendum had been an election, mutatismutandis. No costs may be awarded. Even where all the ballot papers are rejected by the judge, no new referendum may be held.

1978, c. 6, s. 41; 1981, c. 4, s. 11.

1978-06-23

41. Only the chairman of a national committee may apply for a recount of the votes before a judge.

Such application shall be made before the Conseil du référendum, which has exclusive and ultimate jurisdiction to hear it. It must be made within fifteen days after that of the polling. The application for a recount of the votes before a judge may be limited to one or several electoral districts.

The Conseil du référendum shall receive such application only to the extent that it is of opinion that the facts alleged, were they true, would be susceptible of changing the total result of the referendum.

Where the Conseil du référendum receives an application for a recount of the votes before a judge, such recount shall be made, in each electoral district contemplated, as if the referendum had been an election, mutatismutandis. No security shall be necessary and no costs may be awarded; in the case of a tie-vote between the options, the returning-officer shall not give a casting vote; even where all the ballot-papers are rejected by the judge, there shall not be a new referendum.

1978, c. 6, s. 41.