Extensions, corrections or revisions — judge

(1) A candidate or their official agent may apply to a judge for an order

(a) relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2);

(b) authorizing an extension referred to in subsection 477.66(1); or

(c) authorizing a correction or revision referred to in subsection 477.67(1).

The applicant shall notify the Chief Electoral Officer that the application has been made.

Deadline

(2) The application may be made

(a) under paragraph (1)(a), within the specified period referred to in subsection 477.65(2) or within the two weeks after the end of that period;

(b) under paragraph (1)(b), within two weeks after, as the case may be,

(i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 477.66(2), the end of the two-week period referred to in that subsection,

(ii) the rejection of an application for an extension made in accordance with section 477.66, or

(iii) the end of the extended period referred to in subsection 477.66(1); or

(c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 477.67.

Grounds — relief from compliance

(3) The judge shall grant an order relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.

Grounds — extension

(4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.

Grounds — corrections or revisions

(5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

Contents of order

(6) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

Procedure

(7) If an application is made under paragraph (1)(a) in respect of a candidate who is a Member of the House of Commons at the time the application is made, the judge shall hear the application without delay and in a summary manner, and a court of appeal shall hear any appeal arising from the application without delay and in a summary manner.

2014, c. 12, s. 86.