Federal Courts Rules (SOR/98-106)

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.