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

Marginal note:Prohibitions — true and complete returns

431. No chief agent of a registered party shall provide the Chief Electoral Officer with a return on the registered party’s general election expenses that

• (a) the chief agent knows or ought reasonably to know contains a materially false or misleading statement; or

• (b) does not substantially set out the information required by subsection 429(2).

Marginal note:Minor corrections — Chief Electoral Officer

• 432. (1) The Chief Electoral Officer may correct a document referred to in subsection 424(1) or 429(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 a registered party to correct, within a specified period, a document referred to in subsection 424(1) or 429(1).

Marginal note:Extension or correction — Chief Electoral Officer

• 433. (1) The Chief Electoral Officer, on the written application of the chief agent of a registered party or, if there is no chief agent, its leader, may authorize

  • (a) the extension of a period provided in subsection 424(4) or 429(3); or

  • (b) the correction, within a specified period, of a document referred to in subsection 424(1) or 429(1).

• Marginal note:Deadline

  (2) An application may be made

  • (a) under paragraph (1)(a), within the period provided in subsection 424(4) or 429(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 absence, death, illness or misconduct of the chief agent or a predecessor;

  • (b) the absence, death, illness or misconduct of a registered agent of the registered party or of an agent, a clerk or an officer of the chief agent, or a predecessor of one of them; or

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

Marginal note:Extension or correction — judge

• 434. (1) The chief agent of a registered party or, if there is no chief agent, its leader, may apply to a judge who is competent to conduct a recount for an order

  • (a) relieving the party from complying with a request referred to in subsection 432(2); or

  • (b) authorizing an extension referred to in paragraph 433(1)(a) or correction referred to in paragraph 433(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 432(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 433, for the extension or correction, or

    • (ii) the expiration of the extended period or specified period authorized under paragraph 433(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 paragraph 433(3)(a) to (c).

• Marginal note:Contents of order

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

• Marginal note:Date of authorization

  (5) For the purposes of this Act, an extension or correction referred to in subsection (1) is authorized on the date of the order or, if the order specifies that conditions are to be met, the date as of which the applicant has met them.