Federal Courts Act

Marginal note:Judicial review

• 28 (1) The Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals:

  • (a) the Board of Arbitration established by the Canada Agricultural Products Act;

  • (b) the Review Tribunal established by the Canada Agricultural Products Act;

  • (c) the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act;

  • (d) the Pension Appeals Board established by the Canada Pension Plan;

  • (e) the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act;

  • (f) the National Energy Board established by the National Energy Board Act;

  • (g) [Repealed, 1992, c. 49, s. 128]

  • (h) the Canada Industrial Relations Board established by the Canada Labour Code;

  • (i) the Public Service Staff Relations Board established by the Public Service Staff Relations Act;

  • (j) the Copyright Board established by the Copyright Act;

  • (k) the Canadian Transportation Agency established by the Canada Transportation Act;

  • (l) the Tax Court of Canada established by the Tax Court of Canada Act;

  • (m) umpires appointed under the Employment Insurance Act;

  • (n) the Competition Tribunal established by the Competition Tribunal Act;

  • (o) assessors appointed under the Canada Deposit Insurance Corporation Act; and

  • (p) the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act.

• Marginal note:Sections apply

  (2) Sections 18 to 18.5, except subsection 18.4(2), apply, with such modifications as the circumstances require, in respect of any matter within the jurisdiction of the Court of Appeal under subsection (1) and, where they so apply, a reference to the Trial Division shall be read as a reference to the Court of Appeal.

• Marginal note:Trial Division deprived of jurisdiction

  (3) Where the Court of Appeal has jurisdiction to hear and determine any matter, the Trial Division has no jurisdiction to entertain any proceeding in respect of the same matter.