Canada Elections Act

Marginal note:Extension or correction — judge

• 403.42 (1) The financial agent of a registered association or, if the financial agent is absent or incapacitated, the chief executive officer of the association, may apply to a judge who is competent to conduct a recount for an order

  • (a) relieving the association from complying with a request referred to in subsection 403.4(2); or

  • (b) authorizing an extension referred to in paragraph 403.41(1)(a) or correction referred to in paragraph 403.41(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 403.4(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 403.41, for the extension or correction, or

    • (ii) the expiration of the extended period or specified period authorized under paragraph 403.41(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 403.41(3).

• 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.