C.C.S.M. c. C210
THE CONTROVERTED ELECTIONS ACT
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(1) | Time of presentation |
(2) | Member may file petition |
16 | How presentation made |
17(1) | Security to be given for benefit of |
(2) | Amount of security |
18 | Receipt by registrar |
19(1) | 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(1) | Answer to petition |
(2) | When petition at issue, and trial |
24(1) | Examination of parties to petition |
(2) | Explanatory examination |
(3) | When there are several petitioners or respondents |
25 | Examination of defeated candidate |
26(1) | How examination shall be conducted |
(2) | Method of examination |
27(1) | 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(1) | Punishment for neglect or refusal to attend, or for refusal to answer |
(2) | Witness may demur to questions |
33 | Use of depositions |
34(1) | Production of documents |
(2) | Just exceptions |
35 | Obtaining order for production |
36 | Service of order |
37 | Affidavit on production |
38 | Offence |
39(1) | List of petitions at issue and inspection |
(2) | Order for trial |
40 | Where more than one petition presented |
41(1) | Trial of petition |
(2) | Place of trial |
(3) | Notice of trial |
(4) | Adjournments |
42(1) | 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(1) | 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(1) | 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(1) | Decision and certificate of trial judges |
(2) | To be final |
61(1) | 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(1) | 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(1) | Costs of proceedings |
(2) | Taxation of costs |
74(1) | Taxation of counsel fees |
(2) | Limitation of costs |
75(1) | 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(1) | Agent to pay costs in certain cases |
(2) | Agent to be summoned |
(3) | When agent does not appear |
(4) | Process to recover costs |
78(1) | 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(1) | Abatement by death of petitioner |
(2) | Payment of costs not affected |
(3) | Procedure on abatement |
(4) | Order for substitution |
81(1) | 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 |
84 | Notice, how given |
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(1) | Dismissal of petition or proceeding |
(2) | Effect of order |
(3) | To whom application to be made |