Marginal note:Extension of time to make a request
60.1 (1) If no request is made under section 60 within the time set out in that section, a person may make an application to the Commissioner for an extension of the time within which the request may be made, and the Commissioner may extend the time for making the request.
(2) The application must set out the reasons why the request was not made on time.
Marginal note:How application made
(3) The application must be made to the Commissioner in the prescribed manner and form and contain the prescribed information.
Marginal note:Duties of Commissioner
(4) On receipt of an application, the Commissioner must, without delay, consider it and notify the person making the application, in writing, of the Commissioner’s decision.
Marginal note:Date of request
(5) If the Commissioner grants the application, the request is valid as of the date of the Commissioner’s decision.
Marginal note:Conditions for granting application
(6) No application may be granted unless
(a) the application is made within one year after the expiry of the time set out in section 60; and
(b) the person making the application demonstrates that
(i) within the time set out in section 60, the person was unable to act or to give a mandate to act in the person’s name or the person had a bona fide intention to make a request,
(ii) it would be just and equitable to grant the application, and
(iii) the application was made as soon as circumstances permitted.
- 2001, c. 25, s. 43
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