The Miscellaneous Statutes (Appeal Provisions) Amendment Acts
August 25, 2021
Saskatchewan Removes the Automatic Right to Appeal Certain Decisions
Litigants have an automatic right to appeal many types of decisions to the Saskatchewan Court of Appeal. For other types of decisions, leave to appeal is required. Two new Acts, The Miscellaneous Statutes (Appeal Provisions) Amendment Act, 2021 and The Miscellaneous Statutes (Appeal Provisions) Amendment Act, 2021 (No. 2), will, for specified types of decisions made under certain statutes, replace the automatic right to appeal with a requirement to obtain leave to appeal. These Acts come into force on September 1, 2021. The affected statutes are:
• The Agrologists Act, 1994
• The Animal Health Act
• The Cemeteries Act, 1999
• The Charitable Fund-raising Businesses Act
• The Chiropractic Act, 1994
• The Cities Act
• The Conservation Easements Act
• The Controverted Elections Act
• The Dental Disciplines Act
• The Dependants’ Relief Act, 1996
• The Expropriation Act
• The Expropriation Procedure Act
• The Forest Resources Management Act
• The Funeral and Cremation Services Act
• The Insurance Act
• The Inter-jurisdictional Support Orders Act
• The Land Contracts (Actions) Act, 2018
• The Landlord and Tenant Act
• The Legal Profession Act, 1990
• The Licensed Practical Nurses Act, 2000
• The Mandatory Testing and Disclosure (Bodily Substances) Act
• The New Generation Co-operatives Act
• The Northern Municipalities Act, 2010
• The Pooled Registered Pension Plans (Saskatchewan) Act
• The Public Health Act, 1994
• The Real Estate Act
• The Registered Psychiatric Nurses Act
• The Securities Act, 1988
• The Social Workers Act
Changes to The Land Titles Act, 2000 and The Personal Property Security Act, 1993, are also proposed, but are under further review and will not come into force on September 1, 2021. These changes, as currently written, would replace the automatic right to appeal certain Court of Queen’s Bench decisions under these statutes with a requirement to seek leave to appeal.
Amendments to Specific Statutes
The affected statutes that may be more routinely considered by litigants, and the impact of the amendments on those statutes, are summarized below:
| Statute | Decisions that will now require leave to appeal |
|---|---|
| The Cities Act | Court decisions about disqualification of a member of council. |
| The Dependants’ Relief Act, 1996 | Court orders made pursuant to the Act. |
| The Expropriation Procedure Act | Court judgments or orders in an action under the Act. |
| The Insurance Act | Decisions of the appeal panel of the Financial and Consumer Affairs Authority of Saskatchewan. |
| The Land Contracts (Actions) Act, 2018 | Court decisions to adjourn, grant, dismiss or make any other order on an application for leave to commence an action. |
| The Landlord and Tenant Act | Court orders granting or refusing a writ of possession. |
| The Legal Profession Act, 1990 | Admissions panel decisions to refuse an application for reinstatement. Hearing committee decisions about whether a formal complaint is or is not well founded, or to reconsider the penalty assessed or a requirement imposed by the hearing committee. |
| The Public Health Act, 1994 | Court decisions to confirm, vary, quash, or substitute the order of a designated public health officer. |
| The Securities Act, 1988 | Commission decisions made pursuant to the Act and decisions of an extraprovincial securities commission or an extraprovincial authority that is delegated to and accepted by the Commission. |
Purpose of the Amendments
The purpose of these amendments is to promote efficiency and provide the Court of Appeal with greater control over which appeals are heard by a full panel of judges. However, requiring leave to appeal creates an extra barrier for litigants. Those seeking to appeal decisions affected by the amendments must first apply for and be granted leave by a judge of the Court of Appeal before the appeal will be heard. Leave to appeal is a discretionary power that will generally be granted where the issue being appealed is of sufficient:
- Merit to warrant the attention of the Court of Appeal; and
- Importance to the proceedings before the court, or to the field of practice or the state of the law, or to the administration of justice generally, to warrant determination by the Court of Appeal.
Take-Aways
Those considering an appeal involving one of the affected statutes should be aware that after September 1, 2021, leave to appeal certain decisions will be required. The Court of Appeal Act, 2000 requires parties to apply for leave to appeal within 15 days after the date of the decision. Parties considering an appeal must act expeditiously to ensure they meet the deadline to apply for leave to appeal and will need to think critically about whether their appeal has sufficient merit and importance to justify leave being granted. Accordingly, if a party is considering an appeal, they should seek legal advice as soon as possible to confirm whether leave is needed and to examine the merits of their appeal.
About the Authors:
Caroline is a partner in the Saskatoon office and practices primarily in the area of commercial litigation, including contract, construction, real estate, and shareholder disputes.
Kelsey is an associate in the Regina office.
About McKercher LLP:
McKercher LLP is one of Saskatchewan’s largest, most established law firms, with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have helped our firm to rank in the top 5 in Saskatchewan by Canadian Lawyer magazine (2019/20). Integrity, experience, and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.
This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.
