Federal Courts Act

Marginal note:Judicial review

• 28 (1) The Federal 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;

  • (b.1) the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada 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) the Governor in Council, when the Governor in Council makes an order under subsection 54(1) of the National Energy Board Act;

  • (g) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act, unless the decision is made under subsection 57(2) or section 58 of that Act or relates to an appeal brought under subsection 53(3) of that Act or an appeal respecting a decision relating to further time to make a request under subsection 52(2) of that Act, section 81 of the Canada Pension Plan, section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act;

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

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

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

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

  • (l) [Repealed, 2002, c. 8, s. 35]

  • (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;

  • (p) [Repealed, 2012, c. 19, s. 572]

  • (q) the Public Servants Disclosure Protection Tribunal established by the Public Servants Disclosure Protection Act; and

  • (r) the Specific Claims Tribunal established by the Specific Claims Tribunal Act.

• Marginal note:Sections apply

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

• Marginal note:Federal Court deprived of jurisdiction

  (3) If the Federal Court of Appeal has jurisdiction to hear and determine a matter, the Federal Court has no jurisdiction to entertain any proceeding in respect of that matter.