Federal Courts Rules (SOR/98-106)

Marginal note:Contents of application

301. An application shall be commenced by a notice of application in Form 301, setting out

• (a) the name of the court to which the application is addressed;

• (b) the names of the applicant and respondent;

• (c) where the application is an application for judicial review,

  • (i) the tribunal in respect of which the application is made, and

  • (ii) the date and details of any order in respect of which judicial review is sought and the date on which it was first communicated to the applicant;

• (d) a precise statement of the relief sought;

• (e) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on; and

• (f) a list of the documentary evidence to be used at the hearing of the application.

Marginal note:Limited to single order

302. Unless the Court orders otherwise, an application for judicial review shall be limited to a single order in respect of which relief is sought.

Marginal note:Respondents

• 303. (1) Subject to subsection (2), an applicant shall name as a respondent every person

  • (a) directly affected by the order sought in the application, other than a tribunal in respect of which the application is brought; or

  • (b) required to be named as a party under an Act of Parliament pursuant to which the application is brought.

• Marginal note:Application for judicial review

  (2) Where in an application for judicial review there are no persons that can be named under subsection (1), the applicant shall name the Attorney General of Canada as a respondent.

• Marginal note:Substitution for Attorney General

  (3) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent after having been named under subsection (2), the Court may substitute another person or body, including the tribunal in respect of which the application is made, as a respondent in the place of the Attorney General of Canada.

Marginal note:Service of notice of application

• 304. (1) Unless the Court directs otherwise, within 10 days after the issuance of a notice of application, the applicant shall serve it on

  • (a) all respondents;

  • (b) in respect of an application for judicial review or an application appealing the order of a tribunal,

    • (i) in respect of an application other than one relating to a decision of a visa officer, the tribunal in respect of which the application is brought,

    • (ii) any other person who participated in the proceeding before the tribunal in respect of which the application is made, and

    • (iii) the Attorney General of Canada;

  • (c) where the application is made under the Access to Information Act, Part 1 of the Personal Information Protection and Electronic Documents Act, the Privacy Act or the Official Languages Act, the Commissioner named for the purposes of that Act; and

  • (d) any other person required to be served under an Act of Parliament pursuant to which the application is brought.

• Marginal note:Motion for directions as to service

  (2) Where there is any uncertainty as to who are the appropriate persons to be served with a notice of application, the applicant may bring an ex parte motion for directions to the Court.

• Marginal note:Proof of service

  (3) Proof of service of a notice of application shall be filed within 10 days after service of the notice of application.