Judicial Review Procedure Act

Judicial Review Procedure Act 241 1996 216002890/96241/tlc96241_f E4tlc96241 Definitions 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; Indigenous governing body has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ; licence includes a permit, certificate, approval, order, registration or similar form of permission required by law; record of the proceeding includes the following: a a document by which the proceeding is commenced; b a notice of a hearing in the proceeding; c an intermediate order made by the tribunal; 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; e a transcript, if any, of the oral evidence given at a hearing; f the decision of the tribunal and any reasons given by it; g in relation to a decision whether to give consent referred to in section 22 (2), i a document or other evidence before the Indigenous governing body, subject to any limitation expressly imposed by any other enactment on the extent to which or the purpose for which a document or other evidence may be used in a proceeding, and ii the decision of the Indigenous governing body and any reasons given by it; statutory power means a power or right conferred by an enactment a to make a regulation, rule, bylaw or order, b to exercise a statutory power of decision, c to require a person to do or to refrain from doing an act or thing that, but for that requirement, the person would not be required by law to do or to refrain from doing, d to do an act or thing that would, but for that power or right, be a breach of a legal right of any person, or e to make an investigation or inquiry into a person's legal right, power, privilege, immunity, duty or liability; statutory power of decision means a power or right conferred by an enactment to make a decision deciding or prescribing a the legal rights, powers, privileges, immunities, duties or liabilities of a person, or b the eligibility of a person to receive, or to continue to receive, a benefit or licence, whether or not the person is legally entitled to it, 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. Application for judicial review 2 1 An application for judicial review must be brought by way of a petition proceeding. 2 On an application for judicial review, the court may grant any relief that the applicant would be entitled to in any one or more of the proceedings for: a relief in the nature of mandamus, prohibition or certiorari; b a declaration or injunction, or both, in relation to the exercise, refusal to exercise, or proposed or purported exercise, of a statutory power. Error of law 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. Existing provision limiting judicial review not affected 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. Powers to direct tribunal to reconsider 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. 2 In giving a direction under subsection (1), the court must a advise the tribunal of its reasons, and b give it any directions that the court thinks appropriate for the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration. Effect of direction 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. Power to set aside decision 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. Power to refuse relief 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. Defects in form, technical irregularities 9 1 On an application for judicial review of a statutory power of decision, the court may refuse relief if a the sole ground for relief established is a defect in form or a technical irregularity, and b the court finds that no substantial wrong or miscarriage of justice has occurred. 2 If the decision has already been made, the court may make an order validating the decision despite the defect, to have effect from a time and on terms the court considers appropriate. Interim order 10 On an application for judicial review, the court may make an interim order it considers appropriate until the final determination of the application. Repealed 11 [Repealed 2026-15-1.] No writ to issue 12 1 No writ of mandamus, prohibition or certiorari may be issued. 2 An application for relief in the nature of mandamus, prohibition or certiorari, must be treated as an application for judicial review under section 2. Summary disposition of proceedings 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. 2 Subsection (1) applies whether or not the proceeding for a declaration or injunction includes a claim for other relief. Sufficiency of application 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. Notice to decision maker and right to be a party 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 a must be served with notice of the application and a copy of the petition, and b may be a party to the application, at the person's option. 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. Notice to Attorney General 16 1 The Attorney General must be served with notice of an application for judicial review and notice of an appeal from a decision of the court with respect to the application. 2 The Attorney General is entitled to be heard in person or by counsel at the hearing of the application or appeal. Court may order record filed 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. Informations in the nature of quo warranto 18 1 Informations in the nature of quo warranto are abolished. 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. Relationship between this Act and Crown Proceeding Act 19 This Act is subject to the Crown Proceeding Act . References in other enactments 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. Application of Act in relation to laws of treaty first nations 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. Application of Act in relation to consent of Indigenous governing body 22 1 If under an enactment the consent of an Indigenous governing body is required to be sought or obtained in accordance with an agreement entered into under section 6 or 7 of the Declaration on the Rights of Indigenous Peoples Act before the exercise of a statutory power, a subject to subsection (2), this Act applies in relation to the decision whether to give consent as if that decision were a statutory power, b the Indigenous governing body is deemed for the purposes of section 15 (1) of this Act to be one person, c section 15 (2) of this Act does not apply in relation to the decision whether to give consent, and d service, if required to be made on the Indigenous governing body, is effectively made by a person if made in accordance with the agreement relating to the consent of the Indigenous governing body before the exercise of the statutory power, as if the person were a party to the agreement. 2 If under an enactment the consent of an Indigenous governing body is required to be sought or obtained in accordance with an agreement entered into under section 7 of the Declaration on the Rights of Indigenous Peoples Act before the exercise of a statutory power of decision, this Act applies in relation to the decision whether to give consent as if that decision were a statutory power of decision. Disclosure of confidence of Executive Council 23 1 In this section: cabinet secretary means the deputy minister appointed under the Public Service Act with the title of cabinet secretary; secretary to the Treasury Board means the person appointed as secretary under section 3 (2) of the Financial Administration Act . 2 A minister, the cabinet secretary or the deputy cabinet secretary may certify in writing that information is a confidence of the Executive Council or any of its committees. 3 Without limiting subsection (2), the secretary to the Treasury Board or the deputy secretary may certify in writing that information is a confidence of the Treasury Board. 4 Subsections (2) and (3) apply in relation to a power, duty or function delegated to the chair or vice chair of the Treasury Board under section 4 of the Financial Administration Act as if the power, duty or function were exercised or performed by the Treasury Board. 5 A person may not be compelled to disclose in an application for judicial review information certified as a confidence under subsection (2) or (3).