Administrative Law

Under the Federal Courts Act, the Federal Court has exclusive jurisdiction to review the actions and decisions of most federal boards, commissions, and administrative tribunals. This includes any body or person exercising powers under federal law. On this basis, most government decisions at the federal level may be challenged in the Federal Court,* including but not limited to decisions regarding:

• citizenship, immigration and refugee protection
• federal elections
• band elections and First Nations governance
• official languages
• privacy and access to information
• prisoner grievances and parole decisions
• human rights
• environmental assessments
• public works
• public sector employment and the Public Service Integrity Commissioner
• national security
• military discipline, military pensions and RCMP discipline
• private sector employment in federal works, undertakings and businesses
• aeronautics and transportation
• oceans and fisheries
• judicial discipline

*Some federal matters, as set out in the Federal Courts Act, are subject to review in the Federal Court of Appeal rather than the Federal Court.

Relevant Statutes

In addition to the Federal Courts Act, over 100 statutes confer jurisdiction to the Federal Court in administrative law matters. The following is a selected list:

• Access to Information Act, RSC 1985, c A-1
• Canada Elections Act, SC 2000, c 9
• Canada Labour Code, RSC 1985, c L-2
• Canada Pension Plan, RSC 1985, c C-8
• Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52
• Canadian Environmental Protection Act, 1999, SC 1999, c. 33
• Canadian Human Rights Act, RSC 1985, c H-6
• Corrections and Conditional Release Act, SC 1992, c 20
• Employment Equity Act, SC 1995, c 44
• Employment Insurance Act, SC 1996, c 23
• Excise Tax Act, RSC 1985, c E-15
• Fisheries Act, RSC 1985, c F-14
• Immigration and Refugee Protection Act, SC 2001, c 27
• Indian Act, RSC 1985, c I-5
• Official Languages Act, RSC 1985, c 31 (4th Supp.)
• Personal Information Protection and Electronic Documents Act, SC 2000, c 5
• Privacy Act, RSC 1985, c P-21
• Public Servants Disclosure Protection Act, SC 2005, c 46
• Public Service Employment Act, SC 2003, c 22, ss 12, 13
• Federal Public Sector Labour Relations Act, SC 2003, c 22, s 2
• Transportation Appeal Tribunal of Canada Act, SC 2001, c 29