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Canada Elections Act

Version of section 434 from 2003-01-01 to 2014-12-18:

Marginal note:Extension or correction — judge

  •  (1) The chief agent of a registered party or, if there is no chief agent, its leader, may apply to a judge who is competent to conduct a recount for an order

    • (a) relieving the party from complying with a request referred to in subsection 432(2); or

    • (b) authorizing an extension referred to in paragraph 433(1)(a) or correction referred to in paragraph 433(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 432(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 433, for the extension or correction, or

      • (ii) the expiration of the extended period or specified period authorized under paragraph 433(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 paragraph 433(3)(a) to (c).

  • 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.

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