Independent Contractors and Business Assn. v. Canada ( Minister of Labour )
A-288-97
Stone J.A.
12/3/98
13 pp.
Appeal from Trial Division order ([1997] F.C.J. No. 366 (QL)) dismissing motion for extension of time for bringing application for judicial review of decision made by regional director of Department of Labour at Vancouver under Fair Wages and Hours of Labour Regulations-On February 3, 1995, regional director wrote to federal contracting authorities in British Columbia with respect to application of British Columbia Skills Development and Fair Wage Act, advising of change in schedule of wage rates in place since 1993-Provincial minimum hourly rate in determining fair wage would be used for projects meeting criteria for application of British Columbia statute should complaint be received-Decision confirmed by letter of December 6, 1996-Letters sent by counsel for first appellant (the Association) to regional director indicating intention to launch application for judicial review of December 6, 1996 decision-Motion to have 30-day limit under Federal Court Act, s. 18.1(2) extended for purpose of attacking December 6, 1996 decision filed on February 25, 1997-Each of contractors "directly affected" by decision-Act, s. 18.1 entitles them to apply for judicial review and for relief under s. 18.1(3)(b)-Regional director exercised perceived power in modifying policy existing prior to February 3, 1995-Neither Act nor Regulations imposing duty on regional director to communicate decision directly to every contractor who may enter into federal construction contract-No need to communicate new decision further to contractors in manner prescribed by Regulations, s. 6(3)-Members of Association, including contractors, fully familiar with contents of February 3, 1995 decision-Whether Court should interfere with exercise of discretion by Motions Judge-Seminal case for determining whether to grant or refuse extension Grewal v. Minister of Employment and Immigration, [1985] 2 F.C. 263 (C.A.)-Court will generally look at whether applicant has arguable case, has adequately explained failure to act in timely fashion-Contractors not required to persuade Court judicial review application bound to succeed-Need only show arguable case-Having done so-Six-week delay adequately explained by appellants-Clear evidence of bona fide intention to seek judicial review of December 6, 1996 decision-Court justified in interfering with decision below-Time within which contractors may bring application for judicial review should be extended for further period of 21 days from date of present judgment-Association lacking standing to attack decision of December 6, 1996 by way of judicial review-Not itself in construction business, therefore in no position to bid on federal government contracts in British Columbia-Association not "directly affected" by December 6, 1996 decision as could neither benefit nor suffer direct adverse impact from decision-Contractors' appeal allowed, Association's appeal dismissed-Fair Wages and Hours of Labour Regulations, C.R.C., c. 1015, s. 6(3)-Skills Development and Fair Wage Act, S.B.C. 1994, c. 22-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).