C-19 - Cities and Towns Act

Section 309 Disposition versions

1988-01-01

309. (Repealed).

R. S. 1964, c. 193, s. 338; 1965 (1st sess.), c. 80, a. 1; 1968, c. 55, s. 94; 1977, c. 5, s. 14; 1987, c. 57, s. 708.

1977-12-31

309. (1)  The contestation shall be instituted by an ordinary suit, which shall be served upon the party whose election is being contested within thirty days after the proclamation of the election of such person, under penalty of forfeiture.

(2)  The writ of summons shall not be issued until there has been deposited in the hands of the clerk of the court, at the same time as the application for the writ, a sum of $500 for the costs.

(3)  During the progress of the suit, the court may, of its own accord or upon a motion to that effect, order that the deposit be increased, at its discretion.

(4)  The action shall be returned within six days of service, and the proceedings thereafter shall be subject to the rules and delays of summary actions.

(5)  The plaintiff, in his action, shall state the date, the place and circumstances of any act, matter or thing which may justify the conclusions. He may also indicate therein who are entitled to the office in question, stating the facts of a nature to establish such right, and ask that they be declared elected, but, in such case, the person whose election is contested, may allege and prove that certain votes given to the other candidate were not legal.

(6)  If the defendant fails to plead within the delays prescribed by the Code of Civil Procedure, all the allegations of the declaration shall be considered as denied by the defendant.

(7)  Notwithstanding the provisions of the Code of Civil Procedure respecting inscription for proof and hearing, the date and place for the same shall be fixed by the judge, on motion of either party, notice whereof must be given to the adverse party at least one clear day before that of its presentation.

(8)  If, upon the issues, it be necessary to count, or to examine, or to deal otherwise with the ballot papers used at the election, or to examine or deal otherwise with the poll books or other documents connected therewith, or to summon the persons who have conducted the election or acted therein in any manner whatever, the court or judge shall, for such purposes or any of them, have all the jurisdiction, power and authority vested in the court or any judge thereof in similar matters by the Act respecting provincial controverted elections (chapter C-65).

(9)  When any election is contested under this act and the seat is not claimed for any candidate, in the action, no recriminatory allegation or evidence shall be allowed on behalf of the defendant.

(10)  Notwithstanding article 29 of the Code of Civil Procedure, interlocutory judgments, rendered during the progress of a suit in contestation of election under this act, shall not be subject to appeal; any party may, however, take exception to such judgments, which may then be revised at the same time as the final judgment, if the latter is taken to appeal.

(11)  The court may, by its judgment, confirm or annul the election or declare that another person has been duly elected. If such judgment is based solely on corrupt acts, it cannot be rendered unless it be proved that such corrupt acts have had the effect of changing the result of the election.

(12)  When the contestation is based exclusively on the ground that the defendant has been convicted of an indictable offence, it may be instituted by motion and the foregoing provisions shall not apply.

(13)  When the judgment of the Provincial Court annuls the election of the majority of the members of a council without declaring other persons duly elected in sufficient number to enable the council to sit validly, the municipality shall be subject to the control of the Commission municipale du Québec until the judgment of the Court of Appeal is rendered, if it reverses the judgment in first instance, or until the coming into office of the persons who replace them if the judgment is maintained, if there has been no appeal or if the appeal has not been continued; the provisions of Division VIII of the Act respecting the Commission municipale (chapter C-35) applicable to municipalities shall then apply mutatis mutandis to the municipality.

R. S. 1964, c. 193, s. 338; 1965 (1st sess.), c. 80, a. 1; 1968, c. 55, s. 94; 1977, c. 5, s. 14.