Notice to the Parties and the Profession
Honourable Karen Sharlow, Acting Chief Justice of the Federal Court of Appeal
The Honourable Paul Crampton, Chief Justice of the Federal Court
August 1, 2014
Federal Court of Appeal and Federal Court Proceedings under the Citizenship Act, as amended by Bill C-24
This Notice provides guidance regarding the procedure to be followed for applications for leave and judicial review in Federal Court under the Citizenship Act, as amended by Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, as well as for appeals to the Federal Court of Appeal arising from those proceedings.
Bill C-24 received Royal Assent on June 19, 2014. Section20, which comes into force on August 1, 2014,establishes a framework for judicial review with respect to any matter under the Citizenship Act, as amended:
Section 20. The Act is amended by adding the following after section 22:
Application for judicial review only with leave
22.1 (1) An application for judicial review with respect to any matter under this Act may be made only with leave of the Court.
Application for leave
(2) The following provisions govern an application for leave:
(a) the application must be filed in the Registry of the Court and served on the other party within 30 days after the day on which the applicant is notified of or otherwise becomes aware of the matter;
(b) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application;
(c) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and
(d) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory decision.
Application by Minister
(3) The Minister may make an application in respect of a decision of a citizenship judge.
22.2 The following provisions govern the judicial review:
(a) the judge who grants leave shall fix the day and place for a hearing;
(b) the hearing shall be held no later than 90 days after the day on which leave is granted and, unless the parties agree otherwise, no earlier than 30 days after that day;
(c) the judge shall dispose of the application without delay and in a summary way; and
(d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
22.3 With the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, applications for judicial review and appeals. The rules are binding despite any rule or practice that would otherwise apply.
Inconsistency with Federal Courts Act
22.4 In the event of an inconsistency between the provisions of this Part and any provision of the Federal Courts Act, this Part prevails to the extent of the inconsistency.
Amendments to Rules
The Federal Courts Rules Committee anticipates amendments to the Federal Courts Immigration and Refugee Protection Rules that would formalize the procedure to be followed for applications for leave and judicial review under the Citizenship Act, as amended.
Pending amendment of the Rules, applications to the Federal Court for leave and judicial review commenced after the coming in force of section 20 of Bill C-24 of any matter under the Citizenship Act, and appeals to the Federal Court of Appeal arising from such proceedings, should follow the procedure as is currently set out in the Federal Courts Immigration and Refugee Protection Rules, with any changes as are necessary according to the terms of the Act. For other proceedings under the Citizenship Act, parties should refer to the Transitional Provisions set out in Bill C-24.
Acting Chief Justice,
Federal Court of Appeal