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Federal Courts Act

Version of section 18.1 from 2002-12-31 to 2003-07-01:

Marginal note:Application for judicial review

  •  (1) An application for judicial review may be made by the Attorney General of Canada or by anyone directly affected by the matter in respect of which relief is sought.

  • Marginal note:Time limitation

    (2) An application for judicial review in respect of a decision or order of a federal board, commission or other tribunal shall be made within thirty 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 thereby, or within such further time as a judge of the Trial Division may, either before or after the expiration of those thirty days, fix or allow.

  • Marginal note:Powers of Trial Division

    (3) On an application for judicial review, the Trial Division may

    • (a) order a federal board, commission or other tribunal to do any act or thing it has unlawfully failed or refused to do or has unreasonably delayed in doing; or

    • (b) declare invalid or unlawful, or quash, set aside or set aside and refer back for determination in accordance with such directions as it considers to be appropriate, prohibit or restrain, a decision, order, act or proceeding of a federal board, commission or other tribunal.

  • Marginal note:Grounds of review

    (4) The Trial Division may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal

    • (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:Defect in form or technical irregularity

    (5) Where the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Trial Division 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 order, make an order validating the decision or order, to have effect from such time and on such terms as it considers appropriate.

  • 1990, c. 8, s. 5

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