Canada Elections Act

Version of section 435.39 from 2004-01-01 to 2014-12-18:


Marginal note:Extension or correction — judge

  •  (1) A leadership contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order

    • (a) relieving the contestant or financial agent from complying with a request referred to in subsection 435.37(2); or

    • (b) authorizing an extension referred to in paragraph 435.38(1)(a) or correction referred to in paragraph 435.38(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 435.37(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 435.38, for the extension or correction, or

      • (ii) the expiration of the extended period or specified period authorized under paragraph 435.38(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 subsection 435.38(3).

  • 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.

  • 2003, c. 19, s. 40.
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