Special Import Measures Act

Marginal note:Application for judicial review

• 96.1 (1) Subject to section 77.012 or 77.12, an application may be made to the Federal Court of Appeal to review and set aside

  • (a) a final determination of the Commissioner under paragraph 41(1)(a);

  • (b) a decision of the Commissioner under paragraph 41(1)(b) to cause an investigation to be terminated;

  • (c) a decision of the Commissioner under subsection 53(1) to renew or not to renew an undertaking;

  • (c.1) an order or finding of the Tribunal under subsection 43(1);

  • (d) an order of the Tribunal under subsection 76.01(4) or 76.03(5);

  • (d.1) a determination of the Commissioner under paragraph 76.03(7)(a);

  • (e) an order or finding of the Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1);

  • (f) an order of the Tribunal under subsection 76.01(5) or 76.03(12); or

  • (g) an order or finding of the Tribunal under subsection 91(3).

• Marginal note:Grounds of application

  (2) An application may be made under this section on the ground that the Commissioner or the Tribunal, as the case may be,

  • (a) acted without jurisdiction, acted beyond the jurisdiction of the Commissioner or the Tribunal or refused to exercise that jurisdiction;

  • (b) failed to observe a principle of natural justice, procedural fairness or other procedure that the Commissioner or the Tribunal 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 a decision or order on an erroneous finding of fact that the Commissioner or the Tribunal made in a perverse or capricious manner or without regard for the material before the Commissioner or the Tribunal;

  • (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:Filing of application

  (3) Subject to subsection 77.012(2), an application may be made under this section by any person directly affected by the determination, decision, order or finding by filing a notice of the application in the Federal Court of Appeal within thirty days after the time the determination, decision, order or finding was first communicated to that person by the Commissioner or the Tribunal, or within such further time as the Federal Court of Appeal or a judge thereof may, before or after the expiration of those thirty days, fix or allow.

• Marginal note:Trial Division deprived of jurisdiction

  (4) Where the Federal Court of Appeal has jurisdiction under this section to hear and determine an application to review and set aside a determination, decision, order or finding, the Trial Division has no jurisdiction to entertain any proceeding in respect of that determination, decision, order or finding.

• Marginal note:Hearing in summary way

  (5) An application under this section shall be heard and determined without delay and in a summary way in accordance with the rules made in respect of applications for judicial review pursuant to sections 18.1 and 28 of the Federal Courts Act.

• Marginal note:Disposition

  (6) On an application under this section, the Federal Court of Appeal may dismiss the application, set aside the final determination, decision, order or finding, or set aside the final determination, decision, order or finding and refer the matter back to the Commissioner or the Tribunal, as the case may be, for determination in accordance with such directions as it considers appropriate.