Decision No. 272-R-2013
July 17, 2013
APPLICATION by the Canadian National Railway Company pursuant to subsection 33(4) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
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[20] The Federal Court of Appeal (FCA) examined the status of an order of an administrative tribunal that becomes an order of the Federal Court in Canada (Canadian Human Rights Commission) v. Warman (2011 FCA 297) (Warman). There, the FCA found that the order of an administrative tribunal, once filed for registration with the Federal Court under the provisions of the Act, remains an order of an administrative tribunal despite being filed with the Federal Court for enforcement:
In my view, the issue raised in this appeal turns on the registration provision set out in section 57 of the Act, and in particular whether the order enforced under the authority of that provision is the order of the Tribunal or the order of the Court.
The answer to that question is relatively straightforward when one considers that the only order being enforced under this scheme is that of the Tribunal and that there is to-day no legal principle that restricts the use of contempt powers to orders issued by superior Courts.
[…] in the present case, there is only one order – the Tribunal order – which is enforced by the Federal Court pursuant to section 57 as though it was an order of that Court. This intent is best reflected by the French text according to which: “les ordonnances rendues en vertu des articles 53 et 54 […] peuvent […] être assimilées aux ordonnances rendues par celle-ci [i.e., la Cour fédérale]. ”
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