C-19 - Cities and Towns Act

Section 219 Disposition versions

1988-01-01

219. (Repealed).

R. S. 1964, c. 193, s. 248; 1987, c. 57, s. 708.

1977-12-31

219. (1)  If the ballot boxes be not all returned on the day fixed for adding up the number of votes given to the several candidates, the returning officer shall adjourn the proceedings to a subsequent day; but such subsequent day must not be more than a week later than the day originally fixed for such addition.

(2)  In case any deputy returning officer have not duly enclosed in the ballot box the statement of the ballot papers counted by him as required by this division, or if, for any other cause, the returning officer cannot, at the day and hour appointed by him for that purpose, ascertain the exact number of votes given for each candidate, he may thereupon adjourn to a future day and hour the adding up of the number of votes given for each candidate, and so from time to time, as required; provided that no such adjournment shall be for more than two weeks altogether.

(3)  If any ballot box have been destroyed or lost, or for any other reason be not forthcoming within the time fixed for the adding up of the votes, the returning officer shall ascertain the cause of the disappearance of such ballot box, and shall call on the deputy returning officer whose ballot box is missing, or on any other person having them, for the originals or copies of the lists, statements and certificates drawn up by such deputy returning officer in conformity with the provisions of this division, and indicating the number of votes given for each candidate, the whole verified on oath.

(4)  If such lists or statements, or any of them, or copies thereof, cannot be obtained, he shall ascertain, by such evidence as he is able to obtain, the total number of votes given to each candidate at such polling station. For that purpose he may summon any such deputy returning officer, his poll clerk or any other person, to appear before him at a day and hour to be named by him, and order them to bring with them all necessary papers and documents. He shall give due notice of the day and hour of such appearance to each candidate, and on the day and at the hour fixed he may then and there examine on oath such deputy returning officer or poll clerk or any other person respecting the matter in question.

(5)  In the case of an adjournment by reason of the statement being missing from any ballot box, the returning officer shall in the meantime use all reasonable efforts to ascertain the exact number of votes given for each candidate in the polling station where such box was used. For such purpose he shall have the powers set out in subsections 3 and 4 of this section.

(6)  In any case arising under subsections 3 and following of this section, the returning officer shall return as elected the candidate appearing to have the majority of votes, and shall mention in his report, to be sent with the return to the municipal council, the circumstances accompanying the disappearance of the ballot box, or the want of any statement as aforesaid, and how he ascertained the number of votes given for each candidate.

(7)  Any person refusing or neglecting to attend on the summons of a returning officer issued under subsections 3 and following of this section shall be guilty of an offence triable summarily and be liable to a fine of $100, or to imprisonment for not more than six months, with or without hard labour.

R. S. 1964, c. 193, s. 248.