Kass v. Canada ( Attorney General )
98-T-33
Reed J.
13/10/98
9 pp.
Application for extension of time within which to make application for judicial review of Canadian Kennel Club (CKC) board of directors' decision refusing applicant permit to judge dog shows held pursuant to CKC rules-Main issue whether CKC board of directors "federal board, commission or other tribunal" within meaning of Federal Court Act, s. 2-CKC association incorporated under federal Animal Pedigree Act-Applicant notified met all pre-requisites for permit requirements-However, before final approval, moved to U.S.A.-CKC rules requiring applicant to be resident of Canada during 5-year period immediately preceding submission of application-Permit refused on ground CKC policy not to issue permits to non-residents-Application dismissed-Although applicant has provided satisfactory explanation for delay, decision not subject to judicial review in Federal Court-Decisions of federal board, commission or other tribunal subject to judicial review where exercising jurisdiction or powers conferred by or under Act of Parliament-Fact incorporation, by-laws of CKC must be approved by Minister, and that Minister has investigating powers with respect to operation of CKC not sufficient to make decision of CKC decision of federal board, commission or other tribunal-Powers exercised by board of directors not required responsibilities under relevant federal statute-Applicant may have remedies of civil nature in provincial court, but decision not subject to judicial review-Federal Court Act, R.S.C, 1985, c. F-7, s. 2 (as am. by S.C. 1990, c. 8, s. 1) "federal board, commission or other tribunal"-Animal Pedigree Act, R.S.C., 1985, (4th Supp.), c. 8.