Canada Elections Act (S.C. 2000, c. 9)

Marginal note:Minor corrections — Chief Electoral Officer

• 435.37 (1) The Chief Electoral Officer may correct a document referred to in subsection 435.3(1) or 435.35(1), if the correction does not materially affect its substance.

• Marginal note:Corrections at request of Chief Electoral Officer

  (2) The Chief Electoral Officer may in writing request the leadership contestant or his or her financial agent to correct, within a specified period, a document referred to in subsection 435.3(1) or 435.35(1).

Marginal note:Extension or correction — Chief Electoral Officer

• 435.38 (1) The Chief Electoral Officer, on the written application of a leadership contestant or his or her financial agent, may authorize

  • (a) the extension of a period provided in subsection 435.3(4) or 435.35(3); or

  • (b) the correction, within a specified period, of a document referred to in subsection 435.3(1) or updated document referred to in subsection 435.35(1).

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the period provided in subsection 435.3(4) or 435.35(3), as the case may be; and

  • (b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.

• Marginal note:Grounds

  (3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

  • (a) the illness of the applicant;

  • (b) the absence, death, illness or misconduct of the financial agent or a predecessor;

  • (c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or

  • (d) inadvertence or an honest mistake of fact.

Marginal note:Extension or correction — judge

• 435.39 (1) A leadership contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order

  • (a) relieving the contestant or financial agent from complying with a request referred to in subsection 435.37(2); or

  • (b) authorizing an extension referred to in paragraph 435.38(1)(a) or correction referred to in paragraph 435.38(1)(b).

  The applicant shall notify the Chief Electoral Officer of the application.

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the specified period referred to in subsection 435.37(2) or within the two weeks after the expiration of that period; or

  • (b) under paragraph (1)(b), within two weeks after, as the case may be,

    • (i) the rejection of an application, made in accordance with section 435.38, for the extension or correction, or

    • (ii) the expiration of the extended period or specified period authorized under paragraph 435.38(1)(a) or (b).

• Marginal note:Grounds

  (3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 435.38(3).

• Marginal note:Contents of order

  (4) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.