Canada Elections Act

Version of section 459 from 2003-01-01 to 2014-12-18:


Marginal note:Extension or correction — judge

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

    • (a) relieving the candidate or official agent from complying with a request referred to in subsection 457(2); or

    • (b) authorizing an extension referred to in paragraph 458(1)(a) or correction referred to in paragraph 458(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 457(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 458, for the extension or correction, or

      • (ii) the expiration of the extended period or specified period authorized under paragraph 458(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 paragraphs 458(3)(a) to (d).

  • 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.

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