ADMINISTRATIVE LAW |
Judicial Review |
Imperial Oil Resources Ltd. v. Canada (Minister of Indian Affairs and Northern Development)
T-1305-01
2003 FCT 478, Gibson J.
24/4/03
15 pp.
Judicial review of Minister of Indian Affairs and Northern Development's (Minister) decision to formally review Executive Director of Indian Oil and Gas Canada's (IOGC) decision to conduct audit of Imperial Oil Resources Limited's (IORL) product prices at Bonnie Glen, Alberta, prior to January 1, 1986--Whether Minister has jurisdiction to again formally review IOGC's decision to conduct audit when decision already subject of review by predecessor and subsequently quashed on judicial review and finally upheld on appeal--Outcome of application turns on issue of functus officio--Rothstein J. quashed decision of Minister (1997), 139 F.T.R. 106 (F.C.T.D.)--However, following Rothstein J.'s decision and confirmation of decision by Federal Court of Appeal, Minister still had possibility to undertake reconsideration of subject-matter of decision quashed--In Chandler v. Alberta Association of Architects, [1989] 2 S.C.R. 848, Sopinka J. wrote, at p. 862: "Traditionally, a tribunal, which makes a determination which is a nullity, has been permitted to reconsider the matter afresh and render a valid decision"--See also Trizec Equities Ltd. v. Area Assessor Burnaby-New Westminster (1983), 147 D.L.R. (3d) 637 (B.C.S.C.)--Minister entitled to act as did--When Minister disposed of review before him, disposition final--Once Minister divested himself of matter as he did, Regulations did not vest him with authority to call matter back before him-- Thus, Minister functus officio when purported to make decision here under review--Order will go quashing decision of Minister here under review and prohibiting Minister from further reviewing decision of IOGC--Indian Oil and Gas Regulations 1995, SOR/94-753.