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

Act current to 2016-01-25 and last amended on 2015-10-27. Previous Versions

Marginal note:Extensions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the extension of a period referred to in subsection 477.59(7), (10), (11), (12) or (15), unless he or she is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 477.59(7), (10), (11), (12) or (15) or within two weeks after the end of that period.

  • 2014, c. 12, s. 86.
Marginal note:Corrections or revisions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the correction or revision of a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if he or she 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:Application made without delay

    (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.

  • Marginal note:Deadline for correction or revision

    (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • 2014, c. 12, s. 86.
Marginal note:Extensions, corrections or revisions — judge
  •  (1) A candidate or their official agent may apply to a judge for an order

    • (a) relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2);

    • (b) authorizing an extension referred to in subsection 477.66(1); or

    • (c) authorizing a correction or revision referred to in subsection 477.67(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 477.65(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 477.66(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 477.66, or

      • (iii) the end of the extended period referred to in subsection 477.66(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 477.67.

  • Marginal note:Grounds — relief from compliance

    (3) The judge shall grant an order relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(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 official agent’s failure to provide the required documents was deliberate or was the result of their 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.

  • Marginal note:Procedure

    (7) If an application is made under paragraph (1)(a) in respect of a candidate who is a Member of the House of Commons at the time the application is made, the judge shall hear the application without delay and in a summary manner, and a court of appeal shall hear any appeal arising from the application without delay and in a summary manner.

  • 2014, c. 12, s. 86.
Marginal note:Appearance of official agent before judge
  •  (1) A judge dealing with an application under section 477.68 or 477.7 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 477.59(1), (10), (11), (12) or (15) in accordance with this Act because of 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 that the agent or predecessor

    • (a) do anything that the judge considers appropriate in order to remedy the failure; or

    • (b) be examined concerning any information that pertains to the failure.

  • 2014, c. 12, s. 86.
 
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