R.S.M. 1987, c. C210

The Controverted Elections Act

Back to the Act

Table of Contents

1		Definitions.
2		Elections subject to this Act.
3		Jurisdiction of court.
4		Where petition is to be presented.
5		Authority of a judge in chambers.
6		Precedence.
7		Powers of officers.
8		Presentation of petition.
9		Affidavit to accompany petition.
10		Sitting member may prove.
11		Complaint of no return.
12		Complaint of conduct of returning officer.
13		Two or more candidates may be made respondents.
14		Form and contents of petition.
15		Time of presentation.
	(2)	Member may file petition.
16		How presentation made.
17		Security to be given for benefit of.
	(2)	Amount of security.
18		Receipt by registrar.
19		Copy of petition to returning officer and publication.
	(2)	Form of notice in paper.
20		Services.
21		Notice to respondents.
22		If personal service is impossible.
23		Answer to petition.
	(2)	When petition at issue, and trial.
24		Examination of parties to petition.
	(2)	Explanatory examination.
	(3)	When there are several petitioners or respondents.
25		Examination of defeated candidate.
26		How examination shall be conducted.
	(2)	Method of examination.
27		Form of depositions.
	(2)	Signing.
	(3)	Special matter.
	(4)	Questions.
	(5)	Note of questions objected to.
	(6)	Examination in shorthand.
	(7)	Where examination is taken in shorthand, effect.
	(8)	Effect of copy of depositions.
28		Depositions to be forwarded to the court.
29		Compelling attendance of parties to be examined.
30		Persons in custody.
31		Notice of examination.
32		Punishment for neglect or refusal to attend, or for refusal to answer.
	(2)	Witness may demur to questions.
33		Use of depositions.
34		Production of documents.
	(2)	Just exceptions.
35		Obtaining order for production.
36		Service of order.
37		Affidavit on production.
38		Offence.
39		List of petitions at issue and inspection.
	(2)	Order for trial.
40		Where more than one petition presented.
41		Trial of petition.
	(2)	Place of trial.
	(3)	Notice of trial.
	(4)	Adjournments.
42		Commencement of trial.
	(2)	Substitute for petitioner in case of delay.
	(3)	Dismissal of petition when delay in bringing to trial.
	(4)	Taxing of costs.
43		Enlargement.
44		Judges to be received and attended as at jury trials.
45		Powers of the trial judge.
46		Inquiry as to election offences.
47		Witnesses to be subpoenaed.
48		Witnesses intending to leave Manitoba.
	(2)	Examination after notice.
	(3)	Reduction of evidence to writing.
	(4)	Compelling attendance of witnesses, and penalty.
	(5)	Judges may examine witnesses.
	(6)	Securing attendance of reluctant witness.
	(7)	Apprehension, custody, and release of witness.
49		Provision for expenses of witness.
	(2)	Payment of expenses.
50		Shorthand writer and his expenses.
51		Evidence when the seat is claimed for person not returned.
52		Votes to be struck off in certain cases.
53		Election of candidate void for election offence.
54		Election of candidate void for employing agent formerly guilty.
55		Application of secs. 52 to 54.
56		Treating as a corrupt practice.
57		Effect of election offences if proven.
58		Candidate exonerated.
59		Election voided if personation committed.
60		Decision and certificate of trial judges.
	(2)	To be final.
61		Both judges to sign certificate and report.
	(2)	When judges differ.
	(3)	Differ in part.
	(4)	Differ re report to Speaker.
62		Report of judge to Speaker.
63		Special report may be made.
64		Single judge may act.
65		Special case.
	(2)	Procedure on special case being heard.
66		Court of Appeal.
67		Procedure on appeal.
68		Report and certificate as to election offences.
69		Report to the Speaker.
70		Duty of Speaker.
71		The Speaker to inform the assembly.
72		No new writ for a new election except by order of the assembly.
73		Costs of proceedings.
	(2)	Taxation of costs.
74		Taxation of counsel fees.
	(2)	Limitation of costs.
75		When costs paid out of deposit.
	(2)	If deposit is insufficient.
	(3)	Execution for balance.
76		Order of Court of Appeal as to costs, and recovery.
77		Agent to pay costs in certain cases.
	(2)	Agent to be summoned.
	(3)	When agent does not appear.
	(4)	Process to recover costs.
78		No withdrawal except by leave.
	(2)	Notice of intention.
	(3)	Competent person may be substituted as petitioner.
	(4)	Substitution may be ordered and security retained.
	(5)	Where no order is made.
	(6)	Effect of substitution.
	(7)	Costs if petition is withdrawn.
79		Where withdrawal is corrupt
80		Abatement by death of petitioner.
	(2)	Payment of costs not affected.
	(3)	Procedure on abatement.
	(4)	Order for substitution.
81		Notice of abatement, death, etc., of respondent.
	(2)	Substitution of new respondent.
	(3)	Adjournment of trial.
82		Order as to costs when respondent dies.
83		Respondent not opposing petition.
85		Where double return and respondent not opposing.
86		Rules of court apply.
87		Extension of time.
88		Who entitled to practise.
89		Where respondent accepts office or resigns seat.
90		All elections governed by Act.
91		Dismissal of petition or proceeding.
	(2)	Effect of order.
	(3)	To whom application to be made.
SCHEDULE
(Section 37)