- (a) a final judgment;
- (b) a judgment on a question of law determined before trial;
- (c) an interlocutory judgment; or
- (d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada.
- (a) a final judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies;
- (b) a judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies, on a question of law determined before trial; or
- (c) an interlocutory judgment or order of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.
- (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
- (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it 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 its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;
- (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.
- (a) in the case of an interlocutory judgment, within 10 days after the pronouncement of the judgment or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 10 days; and
- (b) in any other case, within 30 days, not including any days in July and August, after the pronouncement of the judgment or determination appealed from or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 30 days.
- R.S., 1985, c. F-7, s. 27
- R.S., 1985, c. 51 (4th Supp.), s. 11
- 1990, c. 8, ss. 7, 78(E)
- 1993, c. 27, s. 214
- 2002, c. 8, s. 34
Marginal note: Judicial review
- 28 (1) The Federal Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals:
- (a) [Repealed, 2012, c. 24, s. 86]
- (b) the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act ;
- (b.1) the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act ;
- (c) the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act ;
- (d) [Repealed, 2012, c. 19, s. 272]
- (e) the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act ;
- (f) the Canadian Energy Regulator established by the Canadian Energy Regulator Act ;
- (g) the Governor in Council, when the Governor in Council makes an order under subsection 186(1) of the Canadian Energy Regulator Act ;
- (g.1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act , unless the decision is made under subsection 57(2) or section 58.2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under
- (i) subsection 52(2) of that Act,
- (ii) section 81 of the Canada Pension Plan ,
- (iii) section 27.1 of the Old Age Security Act ,
- (iv) section 112 of the Employment Insurance Act , or
- (v) any regulations made under subsection 11(1) of the Canada Disability Benefit Act regarding reviews or reconsiderations;
- R.S., 1985, c. F-7, s. 28
- R.S., 1985, c. 30 (2nd Supp.), s. 61
- 1990, c. 8, s. 8
- 1992, c. 26, s. 17, c. 33, s. 69, c. 49, s. 128
- 1993, c. 34, s. 70
- 1996, c. 10, s. 229, c. 23, s. 187
- 1998, c. 26, s. 73
- 1999, c. 31, s. 92(E)
- 2002, c. 8, s. 35
- 2003, c. 22, ss. 167(E), 262
- 2005, c. 46, s. 56.1
- 2006, c. 9, ss. 6, 222
- 2008, c. 22, s. 46
- 2012, c. 19, ss. 110, 272, 572, c. 24, s. 86
- 2013, c. 40, ss. 236, 439
- 2014, c. 20, s. 236
- 2017, c. 9, ss. 43, 55
- 2019, c. 28, s. 102
- 2021, c. 23, s. 237
- 2024, c. 17, s. 408
29 to 35 [Repealed, 1990, c. 8, s. 8]
Substantive Provisions
Marginal note: Prejudgment interest — cause of action within province
- 36 (1) Except as otherwise provided in any other Act of Parliament, and subject to subsection (2), the laws relating to prejudgment interest in proceedings between subject and subject that are in force in a province apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.
- Marginal note: Prejudgment interest — cause of action outside province (2) A person who is entitled to an order for the payment of money in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province is entitled to claim and have included in the order an award of interest on the payment at any rate that the Federal Court of Appeal or the Federal Court considers reasonable in the circumstances, calculated
- (a) where the order is made on a liquidated claim, from the date or dates the cause of action or causes of action arose to the date of the order; or
- (b) where the order is made on an unliquidated claim, from the date the person entitled gave notice in writing of the claim to the person liable therefor to the date of the order.
- (a) on exemplary or punitive damages;
- (b) on interest accruing under this section;
- (c) on an award of costs in the proceeding;
- (d) on that part of the order that represents pecuniary loss arising after the date of the order and that is identified by a finding of the Federal Court of Appeal or the Federal Court;
- (e) where the order is made on consent, except by consent of the debtor; or
- (f) where interest is payable by a right other than under this section.
- R.S., 1985, c. F-7, s. 36
- 1990, c. 8, s. 9
- 2002, c. 8, s. 36
Marginal note: Judgment interest — causes of action within province
- 37 (1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments of the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.
- Marginal note: Judgment interest — causes of action outside or in more than one province (2) A judgment of the Federal Court of Appeal or the Federal Court in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province bears interest at the rate that court considers reasonable in the circumstances, calculated from the time of the giving of the judgment.
- R.S., 1985, c. F-7, s. 37
- 1990, c. 8, s. 9
- 2002, c. 8, s. 37
38 [Repealed, 1990, c. 8, s. 9]
Marginal note: Prescription and limitation on proceedings
- 39 (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.
- Marginal note: Prescription and limitation on proceedings in the Court, not in province (2) A proceeding in the Federal Court of Appeal or the Federal Court in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose.
- (3) [Repealed, 1990, c. 8, s. 10]
- R.S., 1985, c. F-7, s. 39
- 1990, c. 8, s. 10
- 2002, c. 8, s. 38
Marginal note: Vexatious proceedings
- 40 (1) If the Federal Court of Appeal or the Federal Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in that court or that a proceeding previously instituted by the person in that court not be continued, except by leave of that court.
- Marginal note: Attorney General of Canada (2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3).
- Marginal note: Application for rescission or leave to proceed (3) A person against whom a court has made an order under subsection (1) may apply to the court for rescission of the order or for leave to institute or continue a proceeding.
- Marginal note: Court may grant leave (4) If an application is made to a court under subsection (3) for leave to institute or continue a proceeding, the court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.
- Marginal note: No appeal (5) A decision of the court under subsection (4) is final and is not subject to appeal.
- R.S., 1985, c. F-7, s. 40
- 1990, c. 8, s. 11
- 2002, c. 8, s. 39
