A-917-80
Pine Point Mines Ltd. (Applicant)
v.
Northern Canada Power Commission (Respond-
ent)
Court of Appeal, Thurlow C.J., Pratte J. and
Culliton D.J.—Vancouver, June 8, 1981.
Judicial review — Whether rate established by Northern
Canada Power Commission is subject to review — Application
quashed as purely administrative act — Northern Canada
Power Commission Act, R.S.C. 1970, c. N-21, s. 10(3) —
Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
APPLICATION for judicial review.
COUNSEL:
C. B. Johnson for applicant.
Terrence Joyce, Q. C. for respondent.
SOLICITORS:
Russell & DuMoulin, Vancouver, for appli
cant.
Deputy Attorney General of Canada for
respondent.
The following are the reasons for judgment of
the Court delivered orally in English by
THURLOW C.J.: We are all of the view that a
determination by the Northern Canada Power
Commission of a rate within a range of rates
established pursuant to subsection 10(3) of the
Northern Canada Power Commission Act, R.S.C.
1970, c. N-21, as amended by S.C. 1974-75-76, c.
51, s. 4, is a purely administrative act that is not
required by law to be made on a judicial or a
quasi-judicial basis. As such a determination is not
subject to review under section 28 of the Federal
Court Act, R.S.C. 1970 (2nd Supp.), c. 10, the
present proceeding brought under that section
should be quashed.
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