Canada Elections Act

Marginal note:Extensions, corrections or revisions — judge

• 443 (1) The chief agent of a registered party or, if the chief agent is absent or unable to perform their duties, its leader, may apply to a judge for an order

  • (a) relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2);

  • (b) authorizing an extension referred to in subsection 441(1); or

  • (c) authorizing a correction or revision referred to in subsection 442(1).

  The applicant shall notify the Chief Electoral Officer that the application has been made.

• Marginal note:Deadline

  (2) The application may be made

  • (a) under paragraph (1)(a), within the specified period referred to in subsection 440(2) or within the two weeks after the end of that period;

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

    • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 441(2), the end of the two-week period referred to in that subsection,

    • (ii) the rejection of an application for an extension made in accordance with section 441, or

    • (iii) the end of the extended period referred to in subsection 441(1); or

  • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 442.

• Marginal note:Grounds — relief from compliance

  (3) The judge shall grant an order relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.

• Marginal note:Grounds — extension

  (4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.

• Marginal note:Grounds — corrections or revisions

  (5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

• Marginal note:Contents of order

  (6) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.