Does an electoral officer have a discretionary power to allow an elector, for whom it was impossible to act, to extend the time limit stipulated at article 8.1 of the Election Code?
Canada (Federal), Canada
The following excerpt is from Collard v. Betsiamites Innu Nation (Election Code), 2009 FC 812 (CanLII):
Therefore, according to the applicant, the electoral officer has the discretionary power to allow an elector, for whom it was impossible in fact to act, to extend the time limit stipulated at article 8.1 of the Election Code in certain rare and exceptional circumstances. This interpretation must prevail because it promotes the purpose of the Election Code (Simon v. Samson Cree Nation, 2001 FCT 467, 205 F.T.R. 49 at paragraph 24).
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