When is the deadline for notice of appeal - order of tribunal?
The catalogue records a 25 working-days period from Date of the tribunal's order (or the day the decision is made where no order issues: r 90.13(4)). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 25 working-days
- Trigger
- Date of the tribunal's order (or the day the decision is made where no order issues: r 90.13(4))
- 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.
- Rule 90.13(3) - 'unless legislation provides, or a judge of the Court of Appeal permits, otherwise'. Rule 90.37(12)(h); r 94.03; Judicature Act s 50.
- IMPORTANT INTERACTION: where the enabling statute itself fixes the appeal period, r 90.13(1) applies that statutory period instead, but r 90.13(2) and r 94.02(5) then override the ordinary statutory counting rules: 'For the purposes of section 49 of the Judicature Act, Rules 94.02(1) to (4) apply to the calculation of a period of days provided in a provincial statute for starting an appeal, or applying for permission to appeal, and the period is not calculated as provided in the Interpretation Act or in any other statute.' So a period of days in a Nova Scotia statute for starting an appeal is counted as clear working days, NOT under Interpretation Act s 19.