Marginal note:Extension or correction — judge
459. (1) A candidate or his or her official agent may apply to a judge who is competent to conduct a recount for an order
(a) relieving the candidate or official agent from complying with a request referred to in subsection 457(2); or
(b) authorizing an extension referred to in paragraph 458(1)(a) or correction referred to in paragraph 458(1)(b).
The applicant shall notify the Chief Electoral Officer of the application.
(2) An application may be made
(a) under paragraph (1)(a), within the specified period referred to in subsection 457(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 458, for the extension or correction, or
(ii) the expiration of the extended period or specified period authorized under paragraph 458(1)(a) or (b).
(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 paragraphs 458(3)(a) to (d).
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.
Marginal note:Refusal or failure of official agent
460. (1) A judge dealing with an application under section 459 or 461 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 451(1) in accordance with this Act because of a refusal by, or a failure of, the official agent or a predecessor of the official agent shall, by order served personally, require the official agent or that predecessor to appear before the judge.
Marginal note:Show cause orders
(2) The judge shall, unless the official agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that he or she
(a) do anything that the judge considers appropriate in order to remedy the refusal or failure; or
(b) be examined concerning any information that pertains to the refusal or failure.
Marginal note:Recourse of candidate for fault of official agent
461. A candidate may apply to a judge who is competent to conduct a recount for an order that relieves the candidate from any liability or consequence under this or any other Act in relation to an act or omission of the candidate’s official agent, if the candidate establishes that
(a) it occurred without his or her knowledge or acquiesence; or
(b) he or she exercised all due diligence to avoid its occurrence.
The candidate or his or her official agent shall notify the Chief Electoral Officer that the application has been made.
- 2000, c. 9, s. 461;
- 2003, c. 19, s. 47.
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