r-23 - Court of Appeal Reference Act

Updated to 31 August 2024

This document has official status.

chapter R-23

Court of Appeal Reference Act

1. The Government may refer to the Court of Appeal, for hearing and consideration, any question which it deems expedient.

The Attorney General of Québec shall thereupon initiate, at Québec, a reference to the Court of Appeal, and that court shall hear and consider the questions submitted.

R. S. 1964, c. 10, s. 1; 1974, c. 11, s. 2; 2024, c. 7, s. 32.

2. The majority of the judges of the Court of Appeal may make the regulations necessary for carrying out the provisions of this Act.

R. S. 1964, c. 10, s. 2; 1974, c. 11, s. 2; I.N. 2016-01-01 (NCCP).

3. The Chief Justice of the Court of Appeal, or if he be absent or sick, any other judge of that court, may fix any day or days, in or out of term, for the hearing, consideration and decision of any question referred under the authority of this Act.

R. S. 1964, c. 10, s. 3; 1974, c. 11, s. 2.

4. The court may order that any person interested, or if there be a class of persons, any one or more persons as representing such class, be notified of the date of the hearing upon any reference to the court under this Act; and such persons shall be entitled to be heard.

R. S. 1964, c. 10, s. 4.

5. The court shall send to the Government for its information its opinion duly certified upon the questions so referred, giving its reasons in support thereof, in like manner as in the case of judgments rendered upon appeals brought before the said court.

Any judge who differs from the majority shall, in like manner, give his opinion duly certified and his reasons in support thereof.

R. S. 1964, c. 10, s. 5.

5.1. The certified opinion of the court upon any question so referred shall be deemed to be a judgment of the said court and an appeal lies therefrom to the Supreme Court of Canada as from a judgment in an action.

1987, c. 99, s. 1.

6. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 10 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter R-23 of the Revised Statutes.