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Judicial Review and Appeals from Federal Tribunals and other Federal Decision Makers

Board of Arbitration or Review Tribunal established under the Canada Agricultural Products Act

Conflict of Interest and Ethics Commissioner

Canadian Radio-Television and Telecommunications Commission

Pension Appeals Board

Canadian International Trade Tribunal

National Energy Board

Governor in Council acting under subsection 54(1) of the National Energy Board Act

Social Security Tribunal (Appeal Division)

Canada Industrial Relations Board

Public Service Labour Relations Board

Copyright Board

Canadian Transportation Agency

Umpire acting under the Employment Insurance Act

Competition Tribunal

Assessor appointed under the Canada Deposit Insurance Corporation Act

Public Servants Disclosure Protection Tribunal

Specific Claims Tribunal

Minister of Revenue refusing to register or revoking certain registrations under the Income Tax Act

Attorney General of Canada issuing a certificate under section 38.13 of the Canada Evidence Act

Order to a Crown official requiring disclosure of confidential taxpayer information


Board of Arbitration or Review Tribunal Established Under the Canada Agricultural Products Act

Federal Courts Act, R.S.C. 1985, c. F-7

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;
  • [...]

(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.

(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.

Canada Agricultural Products Act, R.S.C. 1985, c. 20

12. (1) The Board has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Board is given jurisdiction by section 9, and the Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Tribunal is given jurisdiction by this Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act.

(2) Subject to section 10, a decision or order of the Board and a decision or order of the Tribunal may only be reviewed under the Federal Courts Act.

Conflict of Interest and Ethics Commissioner

Federal Courts Act, R.S.C. 1985, c. F-7

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:

  • [...]
  • (b.1) the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act;
  • [...]

(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.

(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.

Canadian Radio-television and Telecommunications Commission

Federal Courts Act, R.S.C. 1985, c. F-7

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:

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

(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.

(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.

18.5 Despite sections 18 and 18.1, if an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.

Appeals under the Broadcasting Act, S.C. 1991, c. 11

31. (1) Except as provided in this Part, every decision and order of the [Canadian Radio-television and Telecommunications] Commission is final and conclusive.

(2) An appeal lies from a decision or order of the Commission to the Federal Court of Appeal on a question of law or a question of jurisdiction if leave therefor is obtained from that Court on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court under special circumstances allows.

(3) No appeal lies after leave therefor has been obtained under subsection (2) unless it is entered in the Federal Court of Appeal within sixty days after the making of the order granting leave to appeal.

(4) Any document issued by the Commission in the form of a decision or order shall, if it relates to the issue, amendment, renewal, revocation or suspension of a licence, be deemed for the purposes of this section to be a decision or order of the Commission.

Appeals under the Telecommunications Act, S.C. 1993, c. 38

64. (1) An appeal from a decision of the [Canadian Radio-television and Telecommunications] Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.

(2) Leave to appeal shall be applied for within thirty days after the date of the decision appealed from or within such further time as a judge of the Court grants in exceptional circumstances, and the costs of the application are in the discretion of the Court.

(3) Notice of an application for leave to appeal shall be served on the Commission and on each party to the proceedings appealed from.

(4) An appeal shall be brought within sixty days after the day on which leave to appeal is granted.

(5) On an appeal, the Court may draw any inference that is not inconsistent with the findings of fact made by the Commission and that is necessary for determining a question of law or jurisdiction.

(6) The Commission is entitled to be heard on an application for leave to appeal and at any stage of an appeal, but costs may not be awarded against it or any of its members.

Pension Appeals Board

Federal Courts Act, R.S.C. 1985, c. F-7

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:

  • [...]
  • (d) the Pension Appeals Board established by the Canada Pension Plan; [Important Note: this paragraph shall be repealed on May 1, 2014 pursuant to subsections 272(1) and 281(3) of the Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19]
  • [...]

(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.

(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.

Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19

IMPORTANT NOTE: Under subsection 281(1) of the Jobs, Growth and Long-Term Prosperity Act, the provisions relating to the Pension Appeals Board are repealed as of April 1, 2013. The functions of that Board shall thereafter be exercised by the Social Security Tribunal. However, certain transitory provisions are set out in the legislation. Reproduced below are certain of the transitory provisions of the Jobs, Growth and Long-Term Prosperity Act.

225. The definitions "Pension Appeals Board" and "Review Tribunal" in subsection 2(1) of the Canada Pension Plan are repealed.

258. (1) The Pension Appeals Board remains seized of any appeal filed and heard before April 1, 2013 under subsection 83(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229.

(2) The Pension Appeals Board must make its decision no later than March 31, 2014.

(3) The Appeal Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision has been made by the day referred to in subsection (2). The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2014.

259. The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2013 with respect to any application for leave to appeal filed before April 1, 2013 under subsection 83(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, if leave to appeal to the Pension Appeals Board has been granted but that Board has not yet heard that appeal.

Canada Pension Plan, R.S.C. 1985, c. C-8 (as it read prior to the amendments coming into force on April 1, 2013 made pursuant to the Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19, s. 229 and ss. 281(1)). These provisions are reproduced below for the purposes of the transition period set out under the Jobs, Growth and Long-Term Prosperity Act.

82. (1) A party who is dissatisfied with a decision of the Minister made under section 81 or subsection 84(2), or a person who is dissatisfied with a decision of the Minister made under subsection 27.1(2) of the Old Age Security Act, or, subject to the regulations, any person on their behalf, may appeal the decision to a Review Tribunal in writing within 90 days, or any longer period that the Commissioner of Review Tribunals may, either before or after the expiration of those 90 days, allow, after the day on which the party was notified in the prescribed manner of the decision or the person was notified in writing of the Minister's decision and of the reasons for it.

83. (1) A party or, subject to the regulations, any person on behalf thereof, or the Minister, if dissatisfied with a decision of a Review Tribunal made under section 82, other than a decision made in respect of an appeal referred to in subsection 28(1) of the Old Age Security Act, or under subsection 84(2), may, within ninety days after the day on which that decision was communicated to the party or Minister, or within such longer period as the Chairman or Vice-Chairman of the Pension Appeals Board may either before or after the expiration of those ninety days allow, apply in writing to the Chairman or Vice-Chairman for leave to appeal that decision to the Pension Appeals Board.

84. (1) A Review Tribunal and the Pension Appeals Board have authority to determine any question of law or fact as to

  • (a) whether any benefit is payable to a person,
  • (b) the amount of any such benefit,
  • (c) whether any person is eligible for a division of unadjusted pensionable earnings,
  • (d) the amount of that division,
  • (e) whether any person is eligible for an assignment of a contributor's retirement pension,
  • (f) the amount of that assignment,
  • (g) whether a penalty should be imposed under this Part, or
  • (h) the amount of that penalty,

and the decision of a Review Tribunal, except as provided in this Act, or the decision of the Pension Appeals Board, except for judicial review under the Federal Courts Act, as the case may be, is final and binding for all purposes of this Act.

86.1 Where a decision is made by a Review Tribunal or the Pension Appeals Board in respect of a benefit, the Minister may stay payment of the benefit until the latest of

  • (a) the expiration of the period allowed for making an application for leave to appeal to the Pension Appeals Board,
  • (b) the expiration of the period allowed for making an application under the Federal Courts Act for judicial review of the decision, and
  • (c) where Her Majesty has made an application under the Federal Courts Act for judicial review of the decision, the month in which all proceedings in relation to the judicial review have been completed.

Old Age Security Act, R.S.C. 1985 c. O-9 (as it read prior to the amendments coming into force on April 1, 2013 and made pursuant to the Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19, s. 236 and ss. 281(1)). These provisions are reproduced below for the purposes of the transition period set out under the Jobs, Growth and Long-Term Prosperity Act.

28. (1) A person who makes a request under subsection 27.1(1) or (1.1) and who is dissatisfied with the decision of the Minister in respect of the request, or, subject to the regulations, any person on their behalf, may appeal the decision to a Review Tribunal established under section 82 of the Canada Pension Plan.

(2) Where, on an appeal to a Review Tribunal, it is a ground of the appeal that the decision made by the Minister as to the income or income from a particular source or sources of an applicant or beneficiary or of the spouse or common-law partner of the applicant or beneficiary was incorrectly made, the appeal on that ground shall, in accordance with the regulations, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Review Tribunal, is final and binding for all purposes of the appeal to the Review Tribunal except in accordance with the Federal Courts Act.

Canadian International Trade Tribunal

Federal Courts Act, R.S.C. 1985, c. F-7

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:

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

(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.

(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.

18.5 Despite sections 18 and 18.1, if an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.

Appeals and applications for judicial review under the Special Import Measures Act, R.S.C., 1985, c. S-15

61. (1) Subject to section 77.012 or 77.12, a person who deems himself aggrieved by a re-determination of the President made pursuant to section 59 with respect to any goods may appeal therefrom to the [Canadian International Trade] Tribunal by filing a notice of appeal in writing with the President and the Secretary of the [Canadian International Trade] Tribunal within ninety days after the day on which the re-determination was made.

(3) On any appeal under subsection (1), the Tribunal may make such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may declare what duty is payable or that no duty is payable on the goods with respect to which the appeal was taken, and an order, finding or declaration of the Tribunal is final and conclusive subject to further appeal as provided in section 62.

62. (1) Any of the parties to an appeal under section 61, namely,

  • (a) the person who appealed,
  • (b) the President, or
  • (c) any person who entered an appearance in accordance with subsection 61(2), if the person has a substantial interest in the appeal and has obtained leave from the Court or a judge thereof,

may, within ninety days after the making of an order or finding under subsection 61(3), appeal therefrom to the Federal Court of Appeal on any question of law.

(2) The Federal Court of Appeal may dispose of an appeal by making such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may

  • (a) declare what duty is payable or that no duty is payable on the goods with respect to which the appeal to the Tribunal was taken; or
  • (b) refer the matter back to the Tribunal for re-hearing.

76. Subject to subsection 61(3) and Part I.1 or II, an application for judicial review of an order or finding of the [Canadian International Trade] Tribunal under this Act may be made to the Federal Court of Appeal on any of the grounds set out in subsection 18.1(4) of the Federal Courts Act.

77.012 (1) No person or government may apply under the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of a definitive decision

  • (a) before the expiry of the period of thirty days after
    • (i) the day on which the definitive decision is published in the Canada Gazette, or
    • (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the government of a NAFTA country; and
  • (b) unless the person or government has, within twenty days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate NAFTA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.

(2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 1904 of the North American Free Trade Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by ten days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.

77.12 (1) No person or government may apply under section 18 or 28 of the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of a definitive decision

  • (a) before the expiry of the period of thirty days after
    • (i) the day on which the definitive decision is published in the Canada Gazette, or
    • (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the United States; and
  • (b) unless the person or government has, within twenty days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the American Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.

(2) For the purpose of permitting a government or person to apply under section 28 of the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 1904 of the Free Trade Agreement for requesting a review of the decision, the ten day limitation period referred to in subsection 28(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by thirty days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.

77.031 (1) Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under paragraph 77.028(1)(a) and

  • (a) where any panel review is stayed under subsection 77.024(1), the Minister, the government of the NAFTA country, or any party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or
  • (b) where any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the NAFTA country, or any party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

(2) Where the government of a NAFTA country suspends the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of Canada under Article 1905.8 of the North American Free Trade Agreement and

  • (a) where any panel review is stayed under section 77.025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or
  • (b) where any committee proceeding is stayed under section 77.025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

(3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 1904 is terminated pursuant to section 77.032.

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 President under paragraph 41(1)(a);
  • (b) a decision of the President under paragraph 41(1)(b) to cause an investigation to be terminated;
  • (c) a decision of the President under subsection 53(1) to renew or not to renew an undertaking;
  • (c.1) an order or finding of the [Canadian International Trade] Tribunal under subsection 43(1);
  • (d) an order of the [Canadian International Trade] Tribunal under subsection 76.01(4) or 76.03(5);
  • (d.1) a determination of the President under paragraph 76.03(7)(a);
  • (e) an order or finding of the [Canadian International Trade] Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1);
  • (f) an order of the [Canadian International Trade] Tribunal under subsection 76.01(5) or 76.03(12); or
  • (g) an order or finding of the [Canadian International Trade] Tribunal under subsection 91(3).

(2) An application may be made under this section on the ground that the President or the [Canadian International Trade] Tribunal, as the case may be,

  • (a) acted without jurisdiction, acted beyond the jurisdiction of the President or the [Canadian International Trade] Tribunal or refused to exercise that jurisdiction;
  • (b) failed to observe a principle of natural justice, procedural fairness or other procedure that the President or the [Canadian International Trade] 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 President or the [Canadian International Trade] Tribunal made in a perverse or capricious manner or without regard for the material before the President or the [Canadian International Trade] 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.

(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 President or the [Canadian International Trade] 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.

(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.

(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.

(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 President or the [Canadian International Trade] Tribunal, as the case may be, for determination in accordance with such directions as it considers appropriate.

Appeals under the Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)

67. (1) A person aggrieved by a decision of the President made under section 60 or 61 [re-determination of origin, tariff classification, value for duty or marking] may appeal from the decision to the Canadian International Trade Tribunal by filing a notice of appeal in writing with the President and the Secretary of the Canadian International Trade Tribunal within ninety days after the time notice of the decision was given.

68. (1) Any of the parties to an appeal under section 67, namely,

  • (a) the person who appealed,
  • (b) the President, or
  • (c) any person who entered an appearance in accordance with subsection 67(2),

may, within ninety days after the date a decision is made under section 67, appeal therefrom to the Federal Court of Appeal on any question of law.

(2) The Federal Court of Appeal may dispose of an appeal by making such order or finding as the nature of the matter may require or by referring the matter back to the Canadian International Trade Tribunal for re-hearing.

70. (1) The President may refer to the Canadian International Trade Tribunal for its opinion any questions relating to the origin, tariff classification or value for duty of any goods or class of goods.

(2) Sections 67 and 68 apply in respect of a reference made pursuant to this section as if the reference were an appeal taken pursuant to section 67.

National Energy Board

Federal Courts Act, R.S.C. 1985, c. F-7

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:

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

(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.

(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.

18.5 Despite sections 18 and 18.1, if an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.

Appeals under the National Energy Board Act, R.S.C. 1985, c. N-7

22. (1) An appeal lies from a decision or order of the [National Energy] Board to the Federal Court of Appeal on a question of law or of jurisdiction, after leave to appeal is obtained from that Court.

(1.1) An application for leave to appeal must be made within thirty days after the release of the decision or order sought to be appealed from or within such further time as a judge of that Court under special circumstances allows.

(2) No appeal lies after leave has been obtained under subsection (1) unless it is entered in the Federal Court of Appeal within sixty days from the making of the order granting leave to appeal.

(3) The Board is entitled to be heard by counsel or otherwise on the argument of an appeal.

(4) For greater certainty, for the purpose of this section, no report submitted by the Board under section 52 or 53 - or under section 29 or 30 of the Canadian Environmental Assessment Act, 2012 - and no part of any such report, is a decision or order of the Board.

Northern Pipeline Act, R.S.C., 1985, c. N-26

24. (1) A decision or order of the [National Energy] Board in relation to the pipeline is valid and effective, final and conclusive and, except as provided in subsection (2), no such decision or order or any proceeding of the Board resulting in the issue of such a decision or order is subject to any proceeding by way of appeal or review in any court or to be questioned, enjoined, prohibited, removed, restrained, set aside or otherwise affected by any such proceeding.

(2) Where a person is directly affected by a decision or order of the [National Energy] Board in relation to the pipeline, that person may apply for a review of the decision or order under the Federal Courts Act by filing a notice of the application in the Federal Court of Appeal within thirty days after the decision or order is made or within such further time as the Court or a judge thereof may, either before or after the expiration of those thirty days, fix or allow.

Governor in Council Acting Under Subsection 54(1) of the National Energy Board Act

Federal Courts Act, R.S.C. 1985, c. F-7

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:

  • [...]
  • (g) the Governor in Council, when the Governor in Council makes an order under subsection 54(1) of the National Energy Board Act;
  • [...]

(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.

(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.

National Energy Board Act, R.S.C. 1985, c. N-7

54. (1) After the Board has submitted its report under section 52 or 53, the Governor in Council may, by order,

  • (a) direct the Board to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the terms and conditions set out in the report; or
  • (b) direct the Board to dismiss the application for a certificate.

(2) The order must set out the reasons for making the order.

(3) The order must be made within three months after the Board's report under section 52 is submitted to the Minister. The Governor in Council may, on the recommendation of the Minister, by order, extend that time limit by any additional period or periods of time. If the Governor in Council makes an order under subsection 53(1) or (9), the period that is taken by the Board to complete its reconsideration and to report to the Minister is not to be included in the calculation of the time limit.

(4) Every order made under subsection (1) or (3) is final and conclusive and is binding on the Board.

(5) The Board shall comply with the order made under subsection (1) within seven days after the day on which it is made.

(6) A copy of the order made under subsection (1) must be published in the Canada Gazette within 15 days after it is made.

Social Security Tribunal (Appeal Division)

Federal Courts Act, R.S.C. 1985, c. F-7

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:

  • [...]
  • (g) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act, unless the decision is made under subsection 57(2) [allowing further time within which to make an application for leave to appeal a decision of the General Division of the Social Security Tribunal to its Appeal Division] or section 58 [granting or refusing leave to appeal a decision of the General Division of the Social Security Tribunal to its Appeal Division] of that Act or relates to an appeal brought under subsection 53(3) [appeal to the Appeal Division from a decision of the General Division of the Social Security Tribunalto summarily dismiss an appeal] 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;
  • [...]

(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.

(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.

Department of Human Resources and Skills Development Act, S.C. 2005, c. 34

44. (1) There is established a tribunal to be known as the Social Security Tribunal, consisting of a General Division and an Appeal Division.

55. Any decision of the General Division may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person.

59. (1) The Appeal Division may dismiss the appeal, give the decision that the General Division should have given, refer the matter back to the General Division for reconsideration in accordance with any directions that the Appeal Division considers appropriate or confirm, rescind or vary the decision of the General Division in whole or in part.

(2) The Appeal Division must give written reasons for its decision and send copies to the appellant and any other party.

68. The decision of the [Social Security] Tribunal on any application made under this Act is final and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

Canada Pension Plan, R.S.C. 1985, c. C-8 (as it reads after the amendments coming into force on April 1, 2013 made pursuant to the Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19, s. 229 and ss. 281(1))

82. A party who is dissatisfied with a decision of the Minister made under section 81, including a decision in relation to further time to make a request, or, subject to the regulations, any person on their behalf, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act.

83. If a decision is made by the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act in respect of a benefit, the Minister may stay payment of the benefit until the latest of

  • (a) the expiry of the period allowed for making an application for leave to appeal to the Appeal Division of that Tribunal,
  • (b) the expiry of the period allowed for making an application under the Federal Courts Act for judicial review of the decision, and
  • (c) if Her Majesty has made an application under the Federal Courts Act for judicial review of the decision, the month in which all proceedings in relation to the judicial review have been completed.

Old Age Security Act, R.S.C. 1985 c. O-9 (as it reads after the amendments coming into force on April 1, 2013 made pursuant to the Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19, s. 236 and ss. 281(1))

28. (1) A person who is dissatisfied with a decision of the Minister made under section 27.1, including a decision in relation to further time to make a request, or, subject to the regulations, any person on their behalf, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act.

(2) If, on an appeal to the Social Security Tribunal, it is a ground of the appeal that the decision made by the Minister as to the income or income from a particular source or sources of an applicant or beneficiary or of the spouse or common-law partner of the applicant or beneficiary was incorrectly made, the appeal on that ground must, in accordance with the regulations, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Social Security Tribunal, is final and binding for all purposes of the appeal to the Social Security Tribunal except in accordance with the Federal Courts Act.

(3) If a decision is made by the Social Security Tribunal in respect of a benefit, the Minister may stay payment of the benefit until the later of

  • (a) the expiration of the period allowed for making an application under the Federal Courts Act for judicial review of the decision, and
  • (b) where Her Majesty has made an application under the Federal Courts Act for judicial review of the decision, the month in which all proceedings in relation to the judicial review have been completed.

Employment Insurance Act, S.C. 1996, c. 23 (as it reads after the amendments coming into force on April 1, 2013 made pursuant to the Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19, s. 247 and ss. 281(1))

113. A party who is dissatisfied with a decision of the Commission made under section 112, including a decision in relation to further time to make a request, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act.

114. (1) If a claim for benefits is allowed by the General Division of the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act, benefits are payable in accordance with the decision of the Tribunal even though an appeal is pending, and any benefits paid under this section after the Tribunal's decision are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.

(2) Subsection (1) does not apply

  • (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the General Division of the Social Security Tribunal was given and on the ground that the claimant ought to be disentitled under section 36; and
  • (b) in any other case that the Commission may, with the approval of the Governor in Council, prescribe by regulation.

Canada Industrial Relations Board

Federal Courts Act, R.S.C. 1985, c. F-7

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:

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

(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.

(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.

Canada Labour Code, R.S.C. 1985, c. L-2

22. (1) Subject to this Part, every order or decision of the [Canada Industrial Relations] Board is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

(1.1) The Board has standing to appear in proceedings referred to in subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to decisions of the Board and the Board's jurisdiction, policies and procedures.

(2) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under this Part shall

  • (a) be questioned, reviewed, prohibited or restrained, or
  • (b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise,

on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the Board to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction.

 

Status of the Artist Act, S.C. 1992, c. 33

21. (1) Subject to this Part, every determination or order of the [Canada Industrial Relations] Board is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

(2) Except as permitted by subsection (1), no determination, order or proceeding made or carried on, or purporting to be made or carried on, by the Board under this Part shall be questioned, reviewed, prohibited or restrained on any ground, including the ground that the Board did not have jurisdiction or exceeded or lost its jurisdiction, or be made the subject of any proceeding in or any process of any court on any such ground, whether by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise.

Public Service Labour Relations Board

Federal Courts Act, R.S.C. 1985, c. F-7

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:

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

(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.

(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.

Public Service Labour Relations Act, S.C. 2003, c. 22, s. 2

51. (1) Subject to this Part, every order or decision of the [Public Service Labour Relations] Board is final and may not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

(2) The Board has standing to appear in proceedings referred to in subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to decisions of the Board and the Board's jurisdiction, policies and procedures.

(3) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under this Part may, on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the Board to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction,

  • (a) be questioned, reviewed, prohibited or restrained; or
  • (b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise.

Copyright Board

Federal Courts Act, R.S.C. 1985, c. F-7

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:

  • [...]
  • (j) the Copyright Board established by the Copyright Act;
  • [...]

(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.

(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.

 

Canadian Transportation Agency

Federal Courts Act, R.S.C. 1985, c. F-7

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:

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

(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.

(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.

18.5 Despite sections 18 and 18.1, if an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.

Appeals under the Canada Transportation Act, S.C. 1996, c. 10

41. (1) An appeal lies from the [Canadian Transportation] Agency to the Federal Court of Appeal on a question of law or a question of jurisdiction on leave to appeal being obtained from that Court on application made within one month after the date of the decision, order, rule or regulation being appealed from, or within any further time that a judge of that Court under special circumstances allows, and on notice to the parties and the Agency, and on hearing those of them that appear and desire to be heard.

(2) No appeal, after leave to appeal has been obtained under subsection (1), lies unless it is entered in the Federal Court of Appeal within sixty days after the order granting leave to appeal is made.

(3) An appeal shall be heard as quickly as is practicable and, on the hearing of the appeal, the Court may draw any inferences that are not inconsistent with the facts expressly found by the Agency and that are necessary for determining the question of law or jurisdiction, as the case may be.

(4) The Agency is entitled to be heard by counsel or otherwise on the argument of an appeal.

Umpire Acting Under the Employment Insurance Act

Federal Courts Act, R.S.C. 1985, c. F-7

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:

  • [...]
  • (m) umpires appointed under the Employment Insurance Act; [Important Note: this paragraph shall be repealed on May 1, 2014 pursuant to subsections 272(3) and 281(3) of the Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19]
  • [...]

(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.

(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.

Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19

IMPORTANT NOTE: Under the Jobs, Growth and Long-Term Prosperity Act, the provisions relating to board of referees and umpires under the Employment Insurance Act are repealed as of April 1, 2013. The functions of the board of referees and umpires shall thereafter be taken over by the Social Security Tribunal. However, certain transitory provisions are set out in the legislation. Reproduced below are certain of the transitory provisions of the Jobs, Growth and Long-Term Prosperity Act:

266. An appeal from a decision of a board of referees that could have been appealed to an umpire, but for the repeal of subsection 115(1) of the Employment Insurance Act by section 247, may be appealed to the Appeal Division of the Social Security Tribunal.

267. (1) An umpire remains seized of any appeal filed and heard before April 1, 2013 under subsection 115(1) of the Employment Insurance Act, as it read immediately before the coming into force of section 247.

(2) An umpire must make his or her decision no later than March 31, 2014.

(3) The Appeal Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision has been made by the day referred to in subsection (2). The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2014.

268. The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2013 with respect to any appeal filed and not heard before April 1, 2013 under subsection 115(1) of the Employment Insurance Act, as it read immediately before the coming into force of section 247.

269. (1) If no decision has been made before April 1, 2013 in respect of a request made under section 120 of the Employment Insurance Act as it read immediately before the coming into force of section 247, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, by

  • (a) the General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; or
  • (b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.

270. The provisions of the Employment Insurance Act repealed by this Act, and their related regulations, continue to apply to appeals of which the board of referees or an umpire remains seized under this Act, with any necessary adaptations.

Employment Insurance Act, S.C. 1996, c. 23 (as it read prior to the amendments coming into force on April 1, 2013 pursuant to the Jobs, Growth and Long-Term Prosperity Act, S.C. 2012, c. 19, s. 247 and ss. 281(1)). These provisions are reproduced below for the purposes of the transition period set out under the Jobs, Growth and Long-Term Prosperity Act.

118. The decision of the umpire on an appeal is final and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

Competition Tribunal

Federal Courts Act, R.S.C. 1985, c. F-7

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:

  • [...]
  • (n) the Competition Tribunal established by the Competition Tribunal Act;
  • [...]

(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.

(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.

18.5 Despite sections 18 and 18.1, if an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.

Appeals under the Competition Tribunal Act, R.S.C., 1985, c. 19 (2nd Supp.)

13. (1) Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court.

(2) An appeal on a question of fact lies under subsection (1) only with the leave of the Federal Court of Appeal.

Appeals under the Competition Act, R.S.C., 1985, c. C-34

30.24 (2) An appeal lies, with leave, on a question of law alone, to the Federal Court of Appeal, from any order or decision of the Federal Court or the [Competition] Tribunal made under this Part [Mutual Legal Assistance], if the application for leave to appeal is made to a judge of that Court within fifteen days after the order or decision.

74.18 (1) An appeal may be brought in the Federal Court of Appeal from any decision or order made under this Part [VII.1 Deceptive Marketing Practices], or from a refusal to make an order, by the Tribunal or the Federal Court.

74.19 An appeal on a question of fact from a decision or order made under this Part [VII.1 Deceptive Marketing Practices] may be brought only with the leave of the Federal Court of Appeal or the court of appeal of the province, as the case may be.

Assessor Appointed Under the Canada Deposit Insurance Corporation Act

Federal Courts Act, R.S.C. 1985, c. F-7

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:

  • [...]
  • (o) assessors appointed under the Canada Deposit Insurance Corporation Act;
  • [...]

(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.

(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.

Public Servants Disclosure Protection Tribunal

Federal Courts Act, R.S.C. 1985, c. F-7

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:

  • [...]
  • (q) the Public Servants Disclosure Protection Tribunal established by the Public Servants Disclosure Protection Act;
  • [...]

(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.

(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.

Specific Claims Tribunal

Federal Courts Act, R.S.C. 1985, c. F-7

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:

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

(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.

(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.

Specific Claims Tribunal Act, S.C. 2008, c. 22

34. (1) A decision of the [Specific Claims] Tribunal is subject to judicial review under section 28 of the Federal Courts Act.

(2) Subject to subsection (1), the [Specific Claims] Tribunal's decisions are final and conclusive between the parties in all proceedings in any court or tribunal arising out of the same or substantially the same facts and are not subject to review.

Minister of Revenue Refusing to Register or Revoking Certain Registrations Under the Income Tax Act

Charity, amateur athletic association or qualified donee

Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.)

168. (1) The Minister may, by registered mail, give notice to a person described in any of paragraphs (a) to (c) of the definition "qualified donee" in subsection 149.1(1) that the Minister proposes to revoke its registration if the person

 

[...]

 

(2) Where the Minister gives notice under subsection 168(1) to a registered charity or to a registered Canadian amateur athletic association,

  • (a) if the charity or association has applied to the Minister in writing for the revocation of its registration, the Minister shall, forthwith after the mailing of the notice, publish a copy of the notice in the Canada Gazette, and
  • (b) in any other case, the Minister may, after the expiration of 30 days from the day of mailing of the notice, or after the expiration of such extended period from the day of mailing of the notice as the Federal Court of Appeal or a judge of that Court, on application made at any time before the determination of any appeal pursuant to subsection 172(3) from the giving of the notice, may fix or allow, publish a copy of the notice in the Canada Gazette,

and on that publication of a copy of the notice, the registration of the charity or association is revoked.

172. (3) Where the Minister

  • (a) confirms a proposal or decision in respect of which a notice was issued under any of subsections 149.1(4.2) and (22) and 168(1) by the Minister, to a person that is or was registered as a registered Canadian amateur athletic association or is an applicant for registration as a registered Canadian amateur athletic association, or does not confirm or vacate that proposal or decision within 90 days after service of a notice of objection by the person under subsection 168(4) in respect of that proposal or decision,
  • (a.1) confirms a proposal, decision or designation in respect of which a notice was issued by the Minister to a person that is or was registered as a registered charity, or is an applicant for registration as a registered charity, under any of subsections 149.1(2) to (4.1), (6.3), (22) and (23) and 168(1), or does not confirm or vacate that proposal, decision or designation within 90 days after service of a notice of objection by the person under subsection 168(4) in respect of that proposal, decision or designation,
  • (a.2) confirms a proposal or decision in respect of which a notice was issued under any of subsections 149.1(4.3), (22) and 168(1) by the Minister, to a person that is a person described in any of subparagraphs (a)(i) to (v) of the definition "qualified donee" in subsection 149.1(1) that is or was registered by the Minister as a qualified donee or is an applicant for such registration, or does not confirm or vacate that proposal or decision within 90 days after service of a notice of objection by the person under subsection 168(4) in respect of that proposal or decision,
  • [...]

the person described in paragraph (a), (a.1) or (a.2), [...] may appeal from the Minister's decision, or from the giving of the notice by the Minister, to the Federal Court of Appeal.

(3.1) Paragraphs (3)(a) and (a.1) do not apply to an applicant or a registered charity that is the subject of a certificate that has been determined to be reasonable under subsection 7(1) of the Charities Registration (Security Information) Act.

(4) For the purposes of subsection 172(3), the Minister shall be deemed to have refused

  • (a) to register an applicant for registration as a Canadian amateur athletic association,
  • [...]

where the Minister has not notified the applicant of the disposition of the application within 180 days after the filing of the application with the Minister, and, in any such case, subject to subsection (3.1), an appeal from the refusal to the Federal Court of Appeal pursuant to subsection (3) may, notwithstanding subsection 180(1), be instituted under section 180 at any time by filing a notice of appeal in the Court.

(4.1) An appeal referred to in subsection (3) or (4) is suspended when an applicant or a registered charity is, under subsection 5(1) of the Charities Registration (Security Information) Act, served with a copy of a certificate that has been signed under that Act, whether the appeal was instituted before or after the certificate was so signed, and the appeal is

  • (a) discontinued on the determination, under subsection 7(1) of that Act, that the certificate is reasonable; or
  • (b) reinstated as of the date the certificate is, under subsection 7(2) of that Act, quashed.
  • [...]

180. (1) An appeal to the Federal Court of Appeal pursuant to subsection 172(3) may be instituted by filing a notice of appeal in the Court within 30 days from

  • (a) the day on which the Minister notifies a person under subsection 165(3) of the Minister's action in respect of a notice of objection filed under subsection 168(4),
  • [...]

as the case may be, or within such further time as the Court of Appeal or a judge thereof may, either before or after the expiration of those 30 days, fix or allow.

(2) Neither the Tax Court of Canada nor the Federal Court has jurisdiction to entertain any proceeding in respect of a decision of the Minister from which an appeal may be instituted under this section.

(3) An appeal to the Federal Court of Appeal instituted under this section shall be heard and determined in a summary way.

Certain Registered Plans

Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.)

146.1 (13) When the Minister sends a notice of revocation of the registration of a registered education savings plan under subsection 146.1(12.2) to the promoter of the plan, the registration of the plan is revoked as of the day specified in the notice of revocation, unless the Federal Court of Appeal or a judge thereof, on application made at any time before the determination of an appeal under subsection 172(3), orders otherwise.

147.1 (13) Where the Minister gives a notice of revocation to the administrator of a registered pension plan, the registration of the plan is revoked as of the date specified in the notice of revocation, unless the Federal Court of Appeal or a judge thereof, on application made at any time before the determination of an appeal pursuant to subsection 172(3), orders otherwise.

147.5 (27) If the Minister gives a notice of revocation to the administrator of a PRPP, the registration of the PRPP [pooled registered pension plan] is revoked as of the date specified in the notice of revocation, unless the Federal Court of Appeal or a judge of that Court, on application made at any time before the determination of an appeal pursuant to subsection 172(3), orders otherwise.

172. (3) Where the Minister

  • [...]
  • (b) refuses to accept for registration for the purposes of this Act any retirement savings plan,
  • (c) refuses to accept for registration for the purposes of this Act any profit sharing plan or revokes the registration of such a plan,
  • (d) [Repealed, 2011, c. 24, s. 54]
  • (e) refuses to accept for registration for the purposes of this Act an education savings plan,
  • (e.1) sends notice under subsection 146.1(12.1) to a promoter that the Minister proposes to revoke the registration of an education savings plan,
  • (f) refuses to register for the purposes of this Act any pension plan or gives notice under subsection 147.1(11) to the administrator of a registered pension plan that the Minister proposes to revoke its registration,
  • (f.1) refuses to accept an amendment to a registered pension plan,
  • (g) refuses to accept for registration for the purposes of this Act any retirement income fund,
  • (h) refuses to accept for registration for the purposes of this Act any pooled pension plan or gives notice under subsection 147.5(24) to the administrator of a pooled registered pension plan that the Minister proposes to revoke its registration, or
  • (i) refuses to accept an amendment to a pooled registered pension plan,

... the applicant in a case described in paragraph (b), (e) or (g), a trustee under the plan or an employer of employees who are beneficiaries under the plan, in a case described in paragraph (c), the promoter in a case described in paragraph (e.1), the administrator of the plan or an employer who participates in the plan, in a case described in paragraph (f) or (f.1), or the administrator of the plan in a case described in paragraph (h) or (i), may appeal from the Minister's decision, or from the giving of the notice by the Minister, to the Federal Court of Appeal.

[...]

(4) For the purposes of subsection 172(3), the Minister shall be deemed to have refused

  • [...]
  • (b) to accept for registration for the purposes of this Act any retirement savings plan or profit sharing plan,
  • (c) [Repealed, 2011, c. 24, s. 54]
  • (d) to accept for registration for the purposes of this Act any education savings plan, or
  • (f) to accept for registration for the purposes of this Act any retirement income fund,

where the Minister has not notified the applicant of the disposition of the application within 180 days after the filing of the application with the Minister, and, in any such case, subject to subsection (3.1), an appeal from the refusal to the Federal Court of Appeal pursuant to subsection (3) may, notwithstanding subsection 180(1), be instituted under section 180 at any time by filing a notice of appeal in the Court.

(4.1) An appeal referred to in subsection (3) or (4) is suspended when an applicant or a registered charity is, under subsection 5(1) of the Charities Registration (Security Information) Act, served with a copy of a certificate that has been signed under that Act, whether the appeal was instituted before or after the certificate was so signed, and the appeal is

  • (a) discontinued on the determination, under subsection 7(1) of that Act, that the certificate is reasonable; or
  • (b) reinstated as of the date the certificate is, under subsection 7(2) of that Act, quashed.

(5) For the purposes of subsection 172(3), the Minister shall be deemed to have refused

  • (a) to register for the purposes of this Act any pension plan or pooled pension plan, or
  • (b) to accept an amendment to a registered pension plan or a pooled registered pension plan

where the Minister has not notified the applicant of the Minister's disposition of the application within 1 year after the filing of the application with the Minister, and, in any such case, an appeal from the refusal to the Federal Court of Appeal pursuant to subsection 172(3) may, notwithstanding anything in subsection 180(1), be instituted under section 180 at any time by filing a notice of appeal in the Court.

[...]

180. (1) An appeal to the Federal Court of Appeal pursuant to subsection 172(3) may be instituted by filing a notice of appeal in the Court within 30 days from

  • [...]
  • (c) the mailing of notice to the administrator of the registered pension plan under subsection 147.1(11),
  • (c.1) the sending of a notice to a promoter of a registered education savings plan under subsection 146.1(12.1),
  • (c.2) the mailing of notice to the administrator of the pooled registered pension plan under subsection 147.5(24), or
  • (d) the time the decision of the Minister to refuse the application for acceptance of the amendment to the registered pension plan or pooled registered pension plan was mailed, or otherwise communicated in writing, by the Minister to any person,

as the case may be, or within such further time as the Court of Appeal or a judge thereof may, either before or after the expiration of those 30 days, fix or allow.

(2) Neither the Tax Court of Canada nor the Federal Court has jurisdiction to entertain any proceeding in respect of a decision of the Minister from which an appeal may be instituted under this section.

(3) An appeal to the Federal Court of Appeal instituted under this section shall be heard and determined in a summary way.

204.81 (7) Where the Minister proposes to revoke the registration of a [Labour Sponsored Venture Capital] corporation under subsection 204.81(6), the Minister shall, by registered mail, give notice to the corporation of the proposal.

(8) Where the Minister gives notice under subsection 204.81(7) to a registered labour-sponsored venture capital corporation, the Minister may, after the expiration of 30 days after the day of mailing of the notice, or after the expiration of such extended period after the day of mailing as the Federal Court of Appeal or a judge thereof, on application made at any time before the determination of any appeal under subsection 204.81(9) from the giving of the notice, may fix or allow, publish a copy of the notice in the Canada Gazette and, on the publication of a copy of the notice, the registration of the corporation is revoked.

[...]

(9) Where the Minister refuses to accept a corporation for registration under subsection 204.81(1) or gives notice of a proposal to revoke the registration of a corporation under subsection 204.81(7), the corporation may appeal to the Federal Court of Appeal from the decision or from the giving of the notice.

Attorney General Issuing a Certificate Under Section 38.13 of the Canada Evidence Act

Canada Evidence Act, R.S.C. 1985, c. C-5

38.13 (1) The Attorney General of Canada may personally issue a certificate that prohibits the disclosure of information in connection with a proceeding for the purpose of protecting information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act or for the purpose of protecting national defence or national security. The certificate may only be issued after an order or decision that would result in the disclosure of the information to be subject to the certificate has been made under this or any other Act of Parliament.

38.131 (1) A party to the proceeding referred to in section 38.13 may apply to the Federal Court of Appeal for an order varying or cancelling a certificate issued under that section on the grounds referred to in subsection (8) or (9), as the case may be.

(2) The applicant shall give notice of the application to the Attorney General of Canada.

(3) In the case of proceedings under Part III of the National Defence Act, notice under subsection (2) shall be given to both the Attorney General of Canada and the Minister of National Defence.

(4) Notwithstanding section 16 of the Federal Court Act, for the purposes of the application, the Federal Court of Appeal consists of a single judge of that Court.

(5) In considering the application, the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base a determination made under any of subsections (8) to (10) on that evidence.

(6) Sections 38.11 and 38.12 apply, with any necessary modifications, to an application made under subsection (1).

(7) The judge shall consider the application as soon as reasonably possible, but not later than 10 days after the application is made under subsection (1).

(8) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order varying the certificate accordingly.

(9) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order cancelling the certificate.

(10) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order confirming the certificate.

(11) Notwithstanding any other Act of Parliament, a determination of a judge under any of subsections (8) to (10) is final and is not subject to review or appeal by any court.

(12) If a certificate is varied or cancelled under this section, the Attorney General of Canada shall, as soon as possible after the decision of the judge and in a manner that mentions the original publication of the certificate, cause to be published in the Canada Gazette

  • (a) the certificate as varied under subsection (8); or
  • (b) a notice of the cancellation of the certificate under subsection (9).

An Order to a Crown Official Requiring Disclosure of Confidential Taxpayer Information

Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.)

241. (6) An order or direction that is made in the course of or in connection with any legal proceedings and that requires an official, other representative of a government entity or authorized person to give or produce evidence relating to any taxpayer information may, by notice served on all interested parties, be appealed forthwith by the Minister or by the person against whom the order or direction is made to

  • (a) the court of appeal of the province in which the order or direction is made, in the case of an order or direction made by a court or other tribunal established by or pursuant to the laws of the province, whether or not that court or tribunal is exercising a jurisdiction conferred by the laws of Canada; or
  • (b) the Federal Court of Appeal, in the case of an order or direction made by a court or other tribunal established by or pursuant to the laws of Canada.

(7) The court to which an appeal is taken pursuant to subsection 241(6) may allow the appeal and quash the order or direction appealed from or dismiss the appeal, and the rules of practice and procedure from time to time governing appeals to the courts shall apply, with such modifications as the circumstances require, to an appeal instituted pursuant to that subsection.

(8) An appeal instituted pursuant to subsection 241(6) shall stay the operation of the order or direction appealed from until judgment is pronounced.

Excise Act, 2001, S.C. 2002, c. 22

211. (1) The definitions in this subsection apply in this section.

[...]

"confidential information" means information of any kind and in any form that relates to one or more persons and that is

  • (a) obtained by or on behalf of the Minister for the purposes of this Act;
  • (a.1) obtained by or on behalf of the Minister of Public Safety and Emergency Preparedness for the purposes of section 68; or
  • (b) prepared from information referred to in paragraph (a) or (a.1).

It excludes information that does not directly or indirectly reveal the identity of the person to whom it relates and, for the purposes of applying subsections (3), (8) and (9) to a representative of a government entity that is not an official, it includes only the information referred to in paragraph (6)(j).

[...]

(9) An order or direction that is made in the course of or in connection with any legal proceedings and that requires an official or other representative of a government entity to give or produce evidence relating to any confidential information may, by notice served on all interested parties, be appealed immediately by the Minister or by the person against whom it is made to

  • (a) the court of appeal of the province in which it is made, in the case of an order or direction made by a court or other tribunal established under the laws of the province, whether that court or tribunal is exercising a jurisdiction conferred by the laws of Canada; or
  • (b) the Federal Court of Appeal, in the case of an order or direction made by a court or other tribunal established under the laws of Canada.

(10) The court to which an appeal is taken may allow the appeal and quash the order or direction appealed from or may dismiss the appeal, and the rules of practice and procedure from time to time governing appeals to the courts shall apply, with any modifications that the circumstances require, in respect of the appeal.

(11) An appeal shall stay the operation of the order or direction appealed from until judgment is pronounced.

Excise Tax Act, R.S.C. 1985, c. E-15

295. (7) An order or direction that is made in the course of or in connection with any legal proceedings and that requires an official or other representative of a government entity to give or produce evidence relating to any confidential information may, by notice served on all interested parties, be appealed forthwith by the Minister or by the person against whom the order or direction is made to

  • (a) the court of appeal of the province in which the order or direction is made, in the case of an order or direction made by a court or other tribunal established under the laws of the province, whether that court or tribunal is exercising a jurisdiction conferred by the laws of Canada; or
  • (b) the Federal Court of Appeal, in the case of an order or direction made by a court or other tribunal established under the laws of Canada.

(8) The court to which an appeal is taken under subsection (7) may allow the appeal and quash the order or direction appealed from or may dismiss the appeal, and the rules of practice and procedure from time to time governing appeals to the courts shall apply, with such modifications as the circumstances require, in respect of an appeal instituted under subsection (7).

(9) An appeal instituted under subsection (7) shall stay the operation of the order or direction appealed from until judgment is pronounced

Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)

107. (12) An order or direction that is made in the course of or in connection with any legal proceeding and that requires an official to give or produce evidence relating to customs information may, by notice served on all interested parties, be immediately appealed by the Minister or the Minister of National Revenue, as the case may be, or by the person against whom the order or direction is made

  • (a) to the court of appeal of the province in which the order or direction is made, in the case of an order or direction made by a court or other tribunal established under the laws of the province, whether or not that court or tribunal is exercising a jurisdiction conferred by the laws of Canada; or
  • (b) to the Federal Court of Appeal, in the case of an order or direction made by a court or other tribunal established under the laws of Canada.

(13) The court to which the appeal is taken may allow the appeal and quash the order or direction appealed from or may dismiss the appeal. The rules of practice and procedure from time to time governing appeals to the courts apply, with any modifications that the circumstances require, in respect of the appeal.

(14) An appeal stays the operation of the order or direction appealed from until judgment in the appeal is pronounced.

Softwood Lumber Products Export Charge Act, 2006, S.C. 2006, c. 13

84. (9) An order or direction that is made in the course of or in connection with any legal proceedings and that requires an official to give or produce evidence relating to any confidential information may, by notice served on all interested parties, be appealed without delay by the Minister or by the person against whom the order or direction is made to

  • (a) the court of appeal of the province in which the order or direction is made, in the case of an order or direction made by a court or other tribunal established under the laws of the province, whether that court or tribunal is exercising a jurisdiction conferred by the laws of Canada; or
  • (b) the Federal Court of Appeal, in the case of an order or direction made by a court or other tribunal established under the laws of Canada.

(10) The court to which an appeal is taken under subsection (9) may allow the appeal and quash the order or direction appealed from or may dismiss the appeal, and the rules of practice and procedure from time to time governing appeals to the courts shall apply, with any modifications that the circumstances require, in respect of an appeal instituted under subsection (9).

(11) An appeal instituted under subsection (9) shall stay the operation of the order or direction appealed from until judgment is pronounced.

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Date Modified: 2015-09-09