|This Act has "Not in Force" sections. See the Table of Legislative Changes.|
|2||Application for judicial review|
|3||Error of law|
|4||Existing provision limiting judicial review not affected|
|5||Powers to direct tribunal to reconsider|
|6||Effect of direction|
|7||Power to set aside decision|
|8||Power to refuse relief|
|9||Defects in form, technical irregularities|
|11||No time limit for applications|
|12||No writ to issue|
|13||Summary disposition of proceedings|
|14||Sufficiency of application|
|15||Notice to decision maker and right to be a party|
|16||Notice to Attorney General|
|17||Court may order record filed|
|18||Informations in the nature of quo warranto|
|19||Relationship between this Act and Crown Proceeding Act|
|20||References in other enactments|
|21||Application of Act in relation to laws of treaty first nations|
1 In this Act:
"application for judicial review" means an application under section 2;
"court" means the Supreme Court;
"decision" includes a determination or order;
"licence" includes a permit, certificate, approval, order, registration or similar form of permission required by law;
"record of the proceeding" includes the following:
(d) a document produced in evidence at a hearing before the tribunal, subject to any limitation expressly imposed by any other enactment on the extent to which or the purpose for which a document may be used in evidence in a proceeding;
"statutory power" means a power or right conferred by an enactment
"statutory power of decision" means a power or right conferred by an enactment to make a decision deciding or prescribing
and includes the powers of the Provincial Court;
"tribunal" means one or more persons, whether or not incorporated and however described, on whom a statutory power of decision is conferred.
3 The court's power to set aside a decision because of error of law on the face of the record on an application for relief in the nature of certiorari is extended so that it applies to an application for judicial review in relation to a decision made in the exercise of a statutory power of decision to the extent it is not limited or precluded by the enactment conferring the power of decision.
4 Subject to section 3, nothing in this Act permits a person to bring a proceeding referred to in section 2 if the person is otherwise limited or prohibited by law from bringing the proceeding.
5 (1) On an application for judicial review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision, the court may direct the tribunal whose act or omission is the subject matter of the application to reconsider and determine, either generally or in respect of a specified matter, the whole or any part of a matter to which the application relates.
6 In reconsidering a matter referred back to it under section 5, the tribunal must have regard to the court's reasons for giving the direction and to the court's directions.
7 If an applicant is entitled to a declaration that a decision made in the exercise of a statutory power of decision is unauthorized or otherwise invalid, the court may set aside the decision instead of making a declaration.
8 (1) If, in a proceeding referred to in section 2, the court had, before February 1, 1977, a discretion to refuse to grant relief on any ground, the court has the same discretion to refuse to grant relief on the same ground.
(2) Despite subsection (1), the court may not refuse to grant relief in a proceeding referred to in section 2 on the ground that the relief should have been sought in another proceeding referred to in section 2.
10 On an application for judicial review, the court may make an interim order it considers appropriate until the final determination of the application.
11 An application for judicial review is not barred by passage of time unless
13 (1) On the application of a party to a proceeding for a declaration or injunction, the court may direct that any issue about the exercise, refusal to exercise or proposed or purported exercise of a statutory power be disposed of summarily, as if it were an application for judicial review.
14 An application for judicial review is sufficient if it sets out the ground on which relief is sought and the nature of the relief sought, without specifying by which proceeding referred to in section 2 the claim would have been made before February 1, 1977.
15 (1) For an application for judicial review in relation to the exercise, refusal to exercise, or proposed or purported exercise of a statutory power, the person who is authorized to exercise the power
(2) If 2 or more persons, whether styled a board or commission or any other collective title, act together to exercise a statutory power, they are deemed for the purpose of subsection (1) to be one person under the collective title, and service, if required, is effectively made on any one of those persons.
17 On an application for judicial review of a decision made in the exercise or purported exercise of a statutory power of decision, the court may direct that the record of the proceeding, or any part of it, be filed in the court.
(2) If a person acts in an office in which the person is not entitled to act and an information in the nature of quo warranto would, but for subsection (1), have been available against the person the court may, under an application for judicial review, grant an injunction restraining the person from acting and may declare the office to be vacant.
(3) A proceeding for an injunction under this section may not be taken by a person who would not immediately before February 1, 1977, have been entitled to apply for an information in the nature of quo warranto.
19 This Act is subject to the Crown Proceeding Act.
20 If reference is made in any other enactment to a proceeding referred to in section 2 or 18, the reference is deemed to be a reference to an application for judicial review.
21 If a final agreement provides that the court has jurisdiction to hear an application for judicial review of a decision taken under a law of the treaty first nation by the treaty first nation or a public institution established under a law of the treaty first nation, this Act applies in relation to the application as if the law of the treaty first nation were an enactment.
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