It really depends on how a test case is defined. The CCP seems to define that in a broader way at the current moment to consider issues that courts have not necessarily addressed before.
However, it is also important that the CCP deal with cases as they come forward. As an example, there could be a case that's brought to prevent the rollback of a benefit that is provided by the government, as well as cases that deal with novel issues that may not necessarily be novel legal issues, but address legal issues in a novel context.
A test case can be one way of framing that, but it should be interpreted broadly by the program.