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| This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date. |
[Act administered by the Ministry of Attorney General]
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
(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 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; and
(f) the decision of the tribunal and any reasons given by it;
"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 he is legally entitled to it;
and includes the powers of the Provincial Court;
"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, he 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;
"tribunal" means one or more persons, whether or not incorporated and however described, on whom a statutory power of decision is conferred.
Historical Note(s): 1976-25-1.
2. (1) An application for judicial review shall be an originating application and shall be brought by petition.
(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.
Historical Note(s): 1976-25-2.
3. The power of the court 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.
Historical Note(s): 1976-25-3.
4. Subject to section 3, nothing in this Act permits a person to bring a proceeding referred to in section 2 where he is otherwise limited or prohibited by law from bringing the proceeding.
Historical Note(s): 1976-25-4.
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 for judicial review relates.
(2) In giving a direction under subsection (1), the court shall
(a) advise the tribunal of its reasons; and
(b) give it such directions as it thinks appropriate as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
Historical Note(s): 1976-25-5.
6. In reconsidering a matter referred back to it under section 5, the tribunal shall have regard to the court's reasons for giving the direction and to the court's directions.
Historical Note(s): 1976-25-6.
7. Where 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, instead of making a declaration, set aside the decision.
Historical Note(s): 1976-25-7.
8. (1) Where, 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) Notwithstanding subsection (1), the court shall 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.
Historical Note(s): 1976-25-8.
9. On an application for judicial review of a statutory power of decision, where the sole ground for relief established is a defect in form or a technical irregularity, if the court finds that no substantial wrong or miscarriage of justice has occurred, the court may refuse relief and, where the decision has already been made, may make an order validating the decision notwithstanding the defect, to have effect from a time and on terms the court considers appropriate.
Historical Note(s): 1976-25-9.
10. On an application for judicial review, the court may make an interim order it considers appropriate pending the final determination of the application.
Historical Note(s): 1976-25-10.
11. Unless an enactment otherwise provides, and unless the court considers that substantial prejudice or hardship will result to any other person affected by reason of delay, an application for judicial review is not barred by effluxion of time.
Historical Note(s): 1976-25-11.
12. No writ of mandamus, prohibition or certiorari shall be issued, and an application for relief in the nature of mandamus, prohibition or certiorari, shall be treated as an application for judicial review under section 2.
Historical Note(s): 1976-25-12.
13. Where a proceeding for a declaration or injunction, or both, whether with or without a claim for other relief, is brought and the exercise, refusal to exercise, or proposed or purported exercise of a statutory power is an issue in the proceeding, the court may on the application of any party to the proceeding, direct that the proceeding be treated and disposed of summarily, in so far as it relates to the exercise, refusal to exercise or proposed or purported exercise of the power, as if it were an application for judicial review.
Historical Note(s): 1976-25-13.
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.
Historical Note(s): 1976-25-14.
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 must be served with notice of the application and a copy of the petition and may, at the person's option, be a party to the application.
(2) For subsection (1), where 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 to be one person under the collective title, and service, where required, is effectively made on any one of those persons.
Historical Note(s): 1976-25-15.
16. Notice of an application for judicial review and notice of an appeal from a decision of the court with respect to the application must be served on the Attorney General, who is entitled to be heard in person or by counsel.
Historical Note(s): 1976-25-16.
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.
Historical Note(s): 1976-25-17.
19. (1) Informations in the nature of quo warranto are abolished.
(2) Where a person acts in an office in which he is not entitled to act and an information in the nature of quo warranto would, but for subsection (1), have been available against him, the court may, under an application for judicial review, grant an injunction restraining him from acting and may declare the office to be vacant.
(3) No proceeding for an injunction under this section shall 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.
Historical Note(s): 1976-25-19.
20. This Act is subject to the Crown Proceeding Act.
Historical Note(s): 1976-25-20.
21. Where reference is made in any other enactment to a proceeding referred to in section 2 or 19, the reference shall, after February 1, 1977, be deemed to be a reference to an application for judicial review.
Historical Note(s): 1976-25-21.
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