Marginal note:Destruction of documents — judge
435.42 (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 relieving the financial agent from the obligation to provide a document referred to in subsection 435.3(1) or 435.35(1). The contestant or financial agent shall notify the Chief Electoral Officer that the application has been made.
Marginal note:Grounds
(2) The judge may not grant the order unless he or she 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.
- 2003, c. 19, s. 40
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