Marginal note:Review of determination or order
20. (1) The Board may uphold, rescind or amend any determination or order made by it under this Part, and may rehear any application before making a decision.
Marginal note:Interim decision
(2) When it is necessary to decide one or more issues in order to dispose finally of an application or complaint the Board may, if it is satisfied that it can do so without prejudice to the rights of any party or intervenor in the proceeding, decide or make an order respecting one or more of those issues, and reserve its jurisdiction to decide the remaining issues.
- 1992, c. 33, s. 20;
- 2012, c. 19, s. 538.
Review and Enforcement of Determinations and Orders
Marginal note:Determination or order — no review by court
21. (1) Subject to this Part, every determination or order of the Board is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
Marginal note:No review by certiorari, etc.
(2) Except as permitted by subsection (1), no determination, order or proceeding made or carried on, or purporting to be made or carried on, by the Board under this Part shall be questioned, reviewed, prohibited or restrained on any ground, including the ground that the Board did not have jurisdiction or exceeded or lost its jurisdiction, or be made the subject of any proceeding in or any process of any court on any such ground, whether by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise.
- 1992, c. 33, s. 21;
- 2002, c. 8, s. 182;
- 2012, c. 19, s. 538.
Marginal note:Filing in Federal Court
22. (1) On application in writing by any party or of its own motion, the Board shall file a copy of a determination or order, exclusive of the reasons for it, in the Federal Court unless, in the Board’s opinion, there is no indication of failure or likelihood of failure to comply with it, or there is no useful purpose to be served by filing it.
(2) If the Board specifies in writing that it is filing a copy of a determination or order under subsection (1), the Federal Court shall accept it for filing and shall register it without further application or other proceeding.
Marginal note:Effect of registration
(3) After registration under subsection (2), a determination or order has the force and effect of a judgment of the Federal Court, and any person or organization may take proceedings on it as if it were a judgment obtained in that Court.
- 1992, c. 33, s. 22;
- 2012, c. 19, s. 539.
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