Canada ( National Capital Commission ) v. Public Service Alliance of Canada
A-717-96
Strayer J.A.
28/11/96
4 pp.
Application to transfer to Trial Division application for judicial review of decision of Chairperson of Public Service Staff Relations Board (PSSRB) under Public Service Staff Relations Act (PSSRA), s. 66-Federal Court Act, s. 28(1)(i) giving Federal Court of Appeal jurisdiction for judicial review in respect of PSSRB-Application allowed-Board, Chairperson distinct entities-Cannot presume Chairperson acting as Board in performing function under s. 66-PSSRA, s. 2 separately defining "Board", "Chairperson"-No general provision Chairperson alone can exercise functions of Board-Nothing indicating Board constituting Chairperson to act as division (i.e. on behalf) of Board for purpose of s. 66-Ss. 64 to 66 clear no assignment of power given to Board to make decision (if any) involved in s. 66(1)-Parliament clearly distinguishing between functions pertaining to Board, Chairperson-No Board functions capable of delegation to Chairperson, whose decision would be reviewable as Board decision-Doyon v. Public Service Staff Relations Board, [1979] 2 F.C. 190 (C.A.) applied-Chairperson's decision herein neither decision of PSSRB, nor reviewable in Court of Appeal-Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 64, 65, 66 (as am. by S.C. 1992, c. 54, s. 54)-Federal Court Act, R.S.C., 1985, c. F-7, s. 28(1)(i) (as am. by S.C. 1990, c. 8, s. 8).