What are the time limits for filing a leave application in the Federal Court?
There are two time limits that must be met:
- The time limit for filing a ‘notice of application for leave’
- The time limit for filing an ‘application record’
Time limit for filing a notice of application for leave to review a decision made in Canada
The time limit is 15 days from the date the applicant received the decision and the reasons for it. If the decision did not include reasons, applicants can do one of two things:
- Apply for leave within 15 days of receiving the decision and state in the notice of application that the reasons have not been received. In that case, the Court will request the reasons.
- Request the reasons and apply within 15 days of receiving them.
Time limit for filing an application record
The time limit is 30 days from the later of:
- the date the applicant filed the notice of application for leave or
- the date the applicant got the reasons for the decision
Filing the application record is called ‘perfecting the application’. The form and content of an application record must comply with the rules of the Federal Court.