When is the deadline for application for judicial review in the federal court?
The catalogue records a 30 days period from The time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 30 days
- Trigger
- The time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it
- 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.
- Expressly extendable: "within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days". The extension is discretionary and governed by the Hennessey / Canada (Attorney General) v Larkman factors; it must never be computed automatically.
- The trigger is first COMMUNICATION, not the date of the decision and not receipt of reasons. Because this is a statutory period rather than one "provided by these Rules" or fixed by an order, Federal Courts Rules r 6 does not reach it at all (r 6(1)); compute it under Interpretation Act ss 26 to 30. In particular do not assume that the r 6(3) seasonal recess suspension extends it - take the point up with the Court if the period spans 21 December to 7 January. Applications for judicial review under the Immigration and Refugee Protection Act and the Citizenship Act are governed by their own shorter leave periods and not by s 18.1(2). An application for judicial review is limited to a single order unless the Court orders otherwise (Federal Courts Rules r 302). Section 18.1(2) read in full on verification.