[2011] 4 F.C.R. D-11
Federal Court Jurisdiction
Respondent, Federal Public Health Care Plan Administration Authority (Authority), created by letters patent pursuant to Financial Administration Act, R.S.C., 1985, c. F‑11, s. 7.2(1) tasked with overseeing administration of Public Service Health Care Plan—Applicant submitting appeal to Authority following unfavourable decision by Administrator Sun Life but Authority rejecting appeal—Decision final, not subject to appeal—Whether Federal Court having jurisdiction in matter—Authority not “federal board, commission or other tribunal” within meaning of Federal Courts Act, R.S.C., 1985, c. F-7 (FCA), s. 2, not acting as such when rendering decision rejecting applicant’s appeal—Directive developed by Treasury Board explaining purpose, management, eligibility, workings of health care plan in question—Directive administrative not legislative in nature, not “Act of Parliament” within meaning of FCA, s. 2—When Authority acting under Directive, not exercising power conferred by Act of Parliament—Since Authority’s true nature, powers showing not federal board, commission or other tribunal, decisions thereof not falling under federal jurisdiction—Since not involving interpretation of Act of Parliament subject to review by Federal Court, Federal Court not having requisite jurisdiction to entertain matter in question—Application dismissed.
Pontbriand v. Federal Public Service Health Care Plan Administration Authority (11-T-12, 2011 FC 1029, Shore J., judgment dated August 31, 2011, 25 pp.)