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

Full Document:  

Act current to 2019-12-03 and last amended on 2019-06-13. Previous Versions

PART 18Financial Administration (continued)

DIVISION 5Candidates (continued)

SUBDIVISION BFinancial Administration of Candidates (continued)

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

Marginal note:Recourse of candidate for fault of official agent

 A candidate may apply to a judge for an order that relieves the candidate from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the candidate’s official agent, if the candidate establishes that

  • (a) it occurred without the candidate’s knowledge or acquiescence; or

  • (b) the candidate exercised all due diligence to avoid its occurrence.

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

  • 2014, c. 12, s. 86

Marginal note:Destruction of documents — judge

  •  (1) A candidate or their official agent may apply to a judge for an order relieving the official agent from the obligation to provide a document referred to in subsection 477.59(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Grounds

    (2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.

  • Marginal note:Date of relief

    (3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.

  • 2014, c. 12, s. 86

Marginal note:Prohibition — false or misleading declaration

 No candidate shall send to their official agent a declaration referred to in paragraph 477.59(1)(d) that they know or ought reasonably to know is false or misleading.

  • 2018, c. 31, s. 296

Marginal note:Prohibition — false, misleading or incomplete document

  •  (1) No official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) that

    • (a) the official agent knows or ought reasonably to know contains a material statement that is false or misleading; or

    • (b) in the case of a document referred to in paragraph 477.59(1)(a), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

  • Marginal note:Membership in House of Commons suspended — document not provided

    (2) If the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1), then, until the document is provided, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

    • (a) the expiry of the two-week period referred to in paragraph 477.68(2)(b), determined on the basis of whichever of its subparagraphs applies, if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(b);

    • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b), and the application is rejected, the expiry of the day on which the application is finally disposed of so as to deny it; and

    • (c) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b) and the order is granted, the expiry of the period extended by the order.

  • Marginal note:Membership in House of Commons suspended — unmade correction or revision

    (2.1) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision authorized to be made under subsection 477.67(1) was not made within 30 days after the day on which it was authorized, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

    • (a) the expiry of the two-week period referred to in subsection 477.67(4), if the candidate or their official agent does not apply to the Chief Electoral Officer for an extension under that subsection;

    • (b) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent applies to the Chief Electoral Officer for a further extension under subsection 477.67(5);

    • (c) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(5) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent makes a further application to the Chief Electoral Officer for a extension under that subsection; and

    • (d) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) or (5), and the application is rejected, the expiry of the day on which the application is rejected.

  • Marginal note:Membership in House of Commons suspended

    (3) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision that was requested to be made under subsection 477.65(2) was not made within the period specified, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

    • (a) the expiry of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or

    • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the expiry of the day on which the application is finally disposed of so as to deny it.

  • Marginal note:Speaker informed

    (4) As soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under any of subsections (2), (2.1) and (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.

  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 297
 
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