Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

C-64.1 - Referendum Act

Section 42
Disposition versions

Full text
42. Only the chairman of a national committee may, upon application made before the Conseil du référendum within fifteen days after that of the polling, contest the validity of a referendum.
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 the contestation of the validity of a referendum, that application must be tried before the Conseil du référendum, which has exclusive jurisdiction to hear it, in accordance with the provisions of Title V of the Election Act (chapter E-3.3) to the extent that they are applicable.
Where a referendum is declared invalid, a new referendum shall be held only if a new writ is issued in accordance with this Act.
1978, c. 6, s. 42; 1981, c. 4, s. 12; 1984, c. 51, s. 542; 1989, c. 1, s. 591; 1999, c. 40, s. 87.
42. Only the chairman of a national committee may, upon application made before the Conseil du référendum within fifteen days after that of the polling, contest the validity of a referendum.
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 the contestation of the validity of a referendum, that application must be tried before the Conseil du référendum, which has exclusive and ultimate jurisdiction to hear it, in accordance with the provisions of Title V of the Election Act (chapter E-3.3) to the extent that they are applicable.
Where a referendum is declared invalid, a new referendum shall be held only if a new writ is issued in accordance with this Act.
1978, c. 6, s. 42; 1981, c. 4, s. 12; 1984, c. 51, s. 542; 1989, c. 1, s. 591.
42. Only the chairman of a national committee may, upon application made before the Conseil du référendum within fifteen days after that of the polling, contest the validity of a referendum.
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 the contestation of the validity of a referendum, that application must be tried before the Conseil du référendum, which has exclusive and ultimate jurisdiction to hear it, in accordance with the provisions of Title IX of the Election Act (chapter E-3.2) to the extent that they are applicable.
Where a referendum is declared invalid, a new referendum shall be held only if a new writ is issued in accordance with this Act.
1978, c. 6, s. 42; 1981, c. 4, s. 12; 1984, c. 51, s. 542.
42. Only the chairman of a national committee may, upon application made before the Conseil du référendum within fifteen days after that of the polling, contest the validity of a referendum.
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 the contestation of the validity of a referendum, that application must be tried before the Conseil du référendum, which has exclusive and ultimate jurisdiction to hear it, in accordance with the provisions of Title VII of the Election Act (chapter E-3.1) to the extent that they are applicable.
Where a referendum is declared invalid, a new referendum shall be held only if a new writ is issued in accordance with this Act.
1978, c. 6, s. 42; 1981, c. 4, s. 12.
42. Only the chairman of a national committee may, upon application made before the Conseil du référendum within fifteen days after that of the polling, contest the validity of a referendum.
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 the contestation of the validity of a referendum, such application must be tried before the Conseil du référendum, which has exclusive and ultimate jurisdiction to hear it, in accordance with the provisions of the Act respecting provincial controverted elections (chapter C-65) to the extent that they are applicable, except sections 59 to 63.
Where a referendum is declared invalid, a new referendum shall be held only if new writs are issued in accordance with this act.
1978, c. 6, s. 42.
© Gouvernement du Québec