A party challenging the constitutionality of a statute or regulation is required to file a Notice of Constitutional Question with the federal and provincial Attorneys General in a form prescribed by statute or regulation. The following provisions govern the notice that must be given in court actions involving a constitutional challenge.
- Constitutional Question Act, RSBC 1996, c.68 s. 8. A sample form for notice under section 8 can be found in BC Court Forms, chapter 5: Other Commencement Process, Form 5F52.
- Federal Courts Act, RSC 1985, c. F-7, s. 57. Form 69, Notice of Constitutional Question.
- Rules of the Supreme Court of Canada, SOR 2016-271. Form 33B, Notice of Constitutional Question.
Content reviewed July 7, 2025
References
- Constitutional Question Act, RSBC 1996, c.68 s. 8 – BC Laws
- Federal Courts Act, RSC 1985, c. F-7 – Justice Laws
- Rules of the Supreme Court of Canada, SOR 2016-271 – Government of Canada
- BC Court Forms - Available on site at Courthouse Libraries
- Form 69, Notice of Constitutional Question SOR/98-106 – Justice Laws
- Form 33B, Notice of Constitutional Question SOR/2002-156 – Justice Laws