When is the deadline for originating application for judicial review?
The catalogue records a 6 months period from Date of the decision or act sought to be set aside. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- Date of the decision or act sought to be set aside
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- None under the Rules. Rule 13.5 is expressly disapplied, so neither the parties by agreement nor the Court under the general variation power may extend it. Check whether the governing enactment supplies its own shorter or different period, and whether it supplies any extension power.
- EXPRESSLY NON-EXTENDABLE. The Information note to r 13.5 lists judicial review as one of the two examples of periods the Court and the parties cannot vary. Note the period covers BOTH filing and service, not filing alone. Habeas corpus is carved out by r 3.16(1), which provides that such an application "may be filed at any time". Corrected on verification: the researched entry stated that the period was "Amended to 6 months by AR 216/2022" and that "earlier versions used a different period". That is wrong and would invite a practitioner to apply some other period to a pre-2022 decision. The 6 month period has been in r 3.15(2) since the Rules came into force on 1 November 2010 and was applied as a 6 month period, and held inflexible because r 13.5 is disapplied, in Anana v Lakeland College Faculty Association, 2011 ABQB 313. The amendment history recorded in the King's Printer consolidation (AR 124/2010 s3.15;170/2012;216/2022) reflects consequential renaming amendments; AR 216/2022 made the identical "Minister of Justice or the Attorney General for Canada" change to r 3.17, which contains no time period at all. The 6 month figure, the words "filed and served" and the disapplication of r 13.5 are all confirmed against the Alberta King's Printer office consolidation of AR 124/2010 current to June 2026.