Courts Administration Service Act (S.C. 2002, c. 8)
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Assented to 2002-03-27
Marginal note:1990, c. 8, s. 5
27. (1) Subsection 18.1(2) of the Act is replaced by the following:
Marginal note:Time limitation
(2) An application for judicial review in respect of a decision or an order of a federal board, commission or other tribunal shall be made within 30 days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days.
Marginal note:1990, c. 8, s. 5
(2) The portion of subsection 18.1(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers of Federal Court
(3) On an application for judicial review, the Federal Court may
Marginal note:1990, c. 8, s. 5
(3) The portion of subsection 18.1(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Grounds of review
(4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal
Marginal note:1990, c. 8, s. 5
(4) Subsection 18.1(5) of the Act is replaced by the following:
Marginal note:Defect in form or technical irregularity
(5) If the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court may
(a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and
(b) in the case of a defect in form or a technical irregularity in a decision or an order, make an order validating the decision or order, to have effect from any time and on any terms that it considers appropriate.
Marginal note:1990, c. 8, s. 5
28. Sections 18.2 to 19 of the Act are replaced by the following:
Marginal note:Interim orders
18.2 On an application for judicial review, the Federal Court may make any interim orders that it considers appropriate pending the final disposition of the application.
Marginal note:Reference by federal tribunal
18.3 (1) A federal board, commission or other tribunal may at any stage of its proceedings refer any question or issue of law, of jurisdiction or of practice and procedure to the Federal Court for hearing and determination.
Marginal note:Reference by Attorney General of Canada
(2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, refer any question or issue of the constitutional validity, applicability or operability of an Act of Parliament or of regulations made under an Act of Parliament to the Federal Court for hearing and determination.
Marginal note:Hearings in summary way
18.4 (1) Subject to subsection (2), an application or reference to the Federal Court under any of sections 18.1 to 18.3 shall be heard and determined without delay and in a summary way.
Marginal note:Exception
(2) The Federal Court may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action.
Marginal note:Exception to sections 18 and 18.1
18.5 Despite sections 18 and 18.1, if an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.
Marginal note:Intergovernmental disputes
19. If the legislature of a province has passed an Act agreeing that the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada has jurisdiction in cases of controversies between Canada and that province, or between that province and any other province or provinces that have passed a like Act, the Federal Court has jurisdiction to determine the controversies.
29. (1) The portion of subsection 20(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Industrial property, exclusive jurisdiction
20. (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,
Marginal note:1990, c. 37, s. 34(2)
(2) Subsection 20(2) of the Act is replaced by the following:
Marginal note:Industrial property, concurrent jurisdiction
(2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, copyright, trade-mark, industrial design or topography referred to in paragraph (1)(a).
30. Section 21 of the Act is replaced by the following:
Marginal note:Citizenship appeals
21. The Federal Court has exclusive jurisdiction to hear and determine all appeals that may be brought under subsection 14(5) of the Citizenship Act.
31. (1) Subsection 22(1) of the Act is replaced by the following:
Marginal note:Navigation and shipping
22. (1) The Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping, except to the extent that jurisdiction has been otherwise specially assigned.
(2) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Maritime jurisdiction
(2) Without limiting the generality of subsection (1), for greater certainty, the Federal Court has jurisdiction with respect to all of the following:
(3) Paragraph 22(2)(o) of the English version of the Act is replaced by the following:
(o) any claim by a master, officer or member of the crew of a ship for wages, money, property or other remuneration or benefits arising out of his or her employment;
(4) The portion of subsection 22(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Jurisdiction applicable
(3) For greater certainty, the jurisdiction conferred on the Federal Court by this section applies
32. The portion of section 23 of the Act before paragraph (a) is replaced by the following:
Marginal note:Bills of exchange and promissory notes — aeronautics and interprovincial works and undertakings
23. Except to the extent that jurisdiction has been otherwise specially assigned, the Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under an Act of Parliament or otherwise in relation to any matter coming within any of the following classes of subjects:
Marginal note:1990, c. 8, s. 6
33. Sections 24 to 26 of the Act are replaced by the following:
Marginal note:Extraprovincial jurisdiction
25. The Federal Court has original jurisdiction, between subject and subject as well as otherwise, in any case in which a claim for relief is made or a remedy is sought under or by virtue of the laws of Canada if no other court constituted, established or continued under any of the Constitution Acts, 1867 to 1982 has jurisdiction in respect of that claim or remedy.
Marginal note:General original jurisdiction
26. The Federal Court has original jurisdiction in respect of any matter, not allocated specifically to the Federal Court of Appeal, in respect of which jurisdiction has been conferred by an Act of Parliament on the Federal Court of Appeal, the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada.
Marginal note:1990, c. 8, s. 7(1)
34. (1) Subsection 27(1) of the Act is replaced by the following:
Marginal note:Appeals from Federal Court
27. (1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court:
(a) a final judgment;
(b) a judgment on a question of law determined before trial;
(c) an interlocutory judgment; or
(d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada.
Marginal note:R.S., c. 51 (4th Supp.), s. 11(1); 1993, c. 27, s. 214
(2) Subsection 27(1.1) of the English version of the Act is replaced by the following:
Marginal note:Appeals from Tax Court of Canada, except from informal procedure
(1.1) An appeal lies to the Federal Court of Appeal from
(a) a final judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies;
(b) a judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies, on a question of law determined before trial; or
(c) an interlocutory judgment or order of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.
Marginal note:R.S., c. 51 (4th Supp.), s. 11(2); 1990, c. 8, s. 78(1)(E)
(3) Subsections 27(2) and (3) of the Act are replaced by the following:
Marginal note:Appeals from informal procedure in Tax Court of Canada
(1.2) An appeal lies to the Federal Court of Appeal from a final judgment of the Tax Court of Canada in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.
Marginal note:Grounds for appeal
(1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada
(a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
(c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;
(d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;
(e) acted, or failed to act, by reason of fraud or perjured evidence; or
(f) acted in any other way that was contrary to law.
Marginal note:Hearing in summary way
(1.4) An appeal under subsection (1.2) shall be heard and determined without delay and in a summary way.
Marginal note:Notice of appeal
(2) An appeal under this section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appeal
(a) in the case of an interlocutory judgment, within 10 days after the pronouncement of the judgment or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 10 days; and
(b) in any other case, within 30 days, not including any days in July and August, after the pronouncement of the judgment or determination appealed from or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 30 days.
Marginal note:Service
(3) All parties directly affected by an appeal under this section shall be served without delay with a true copy of the notice of appeal, and evidence of the service shall be filed in the Registry of the Federal Court of Appeal.
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