Recounts in Canadian elections are formal process oversaw by judges, and therefore are often referred to as "judicial recounts". For federal elections and the provincials of most provinces and territories, recounts are overseen by judges of the superior trial courts. Recounts or provincial elections in Ontario, Quebec, Prince Edward Island, and for territorial elections in Nunavut are oversee by judges of the provincial or territorial courts. Recounts are conducted automatically if the difference between the vote tallies of the first and second place candidates falls below a certain threshold. In federal elections, tied elections or races with a difference of 0.1% result in automatic recounts. Electors, including candidates, may also petition an appropriate court for recounts within specific time limits following the election under certain conditions. The threshold, time limit, conditions that may may justify the granting of a recount, and which court would oversee the recount are prescribed by the relevant legislation governing the election in question. Each province and territory has its own applicable legislation governing their election, and some have separate legislations prescribing different rules for recounts in municipal elections.
Comparison of rules for election recounts Rarity of changes It is extremely rare for elections to be overturned by recounts. In the twelve federal elections that took place between 1988 and 2015, judicial recounts was conducted or commenced in 50 instances. Election outcomes were changed by recounts in four instances. The changes of outcome in the 2008 and 2021 recounts were not entirely unexpected as apparent errors were identified in advance of the actual recount. In 2021, incumbent Liberal MP
Brenda Shanahan was granted a recount despite being behind by a few hundred votes on having identified an apparent error relating to one ballot box. The error was confirmed during the recount confirmed and its correction singly change the margin by 370. The 1988 recount for York North was conducted on November 30 and Progressive Conservative
Micheal O'Brien was sworn in as MP. However on appeal two weeks later the
Ontario High Court ruled that the recount judged erred in excluding approximately 3,000 ballots and order a second recount with those ballot included. The second recount took place on January 11, 1989 and resulted in Bevilacqua defeating O'Brien 37,513 to 37,436. O'Brien later successfully contested the election (see below), in doing so created an unprecedented situation where two MPs were unseated from a single election.
Distinction from contested elections Judicial recount are often conflated with contested elections in news reports and punditry. Recounts deal solely with the tabulation and counting of votes. Judges primarily adjudicate dispute over whether ballots are valid for counting, and concern themselves with the accuracy of the counting and tabulation. Recounts judges do not deal with concerns about irregularities, voters eligibilities, and other more serious allegations, and may not grant remedies to address any circumstances that may have compromised the fairness or integrity of the election process. Those concerns are addressed through a contested election application. Elections were frequently overturned in Canada in the 1800s under the
Dominion Controverted Elections Act, for corrupted practices such as
bribery,
treating (providing refreshment as a
quid pro quo), and
undue influence. That act was repealed in 2000 and was replaced by part 20 of the
Canada Elections Act. With the introduction of the secret ballot, single-day cross the country, and certain unlawful campaign conduct explicitly codified, contested elections has become exceedingly rare. Since the 1970s, only two federal elections were successfully overturned for reasons not relating to counting. • The 1988 election in
York North, already changed twice by recounts, was annulled by the
Ontario High Court in May 1990. She regained the seat in the subsequent
by-election held in April 2026.
References and Notes for Canada == Ireland ==