Federal Courts Act (R.S.C., 1985, c. F-7)

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

Marginal note:Appointment of judges

 The judges of the Federal Court of Appeal and the Federal Court are to be appointed by the Governor in Council by letters patent under the Great Seal.

  • 2002, c. 8, s. 16.
Marginal note:Who may be appointed judge

 A person may be appointed a judge of the Federal Court of Appeal or the Federal Court if the person

  • (a) is or has been a judge of a superior, county or district court in Canada;

  • (b) is or has been a barrister or advocate of at least 10 years standing at the bar of any province; or

  • (c) has, for at least 10 years,

    • (i) been a barrister or advocate at the bar of any province, and

    • (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province.

  • 2002, c. 8, s. 16.
Marginal note:Judges from Quebec

 At least five of the judges of the Federal Court of Appeal and at least 10 of the judges of the Federal Court must be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.

  • 2002, c. 8, s. 16;
  • 2006, c. 11, s. 20.
Marginal note:Rank and precedence
  •  (1) The Chief Justices of the Federal Court of Appeal and the Federal Court and the other judges of those courts have rank and precedence among themselves in the following order:

    • (a) the Chief Justice of the Federal Court of Appeal;

    • (b) the Chief Justice of the Federal Court;

    • (c) the other judges of the Federal Court of Appeal, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court of Appeal; and

    • (d) the other judges of the Federal Court, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court.

  • Marginal note:Absence or incapacity of a Chief Justice

    (2) If the office of Chief Justice of the Federal Court of Appeal or the office of the Chief Justice of the Federal Court is vacant, or the Chief Justice of either court is absent from Canada or is for any reason unable or unwilling to act, the powers and duties of the Chief Justice shall be exercised and performed by

    • (a) the judge of the Federal Court of Appeal or of the Federal Court, as the case may be, who has been designated for that purpose by the Chief Justice of that Court; or

    • (b) if no judge has been so designated, or if the judge so designated is absent from Canada or is unable or unwilling to act, the senior judge of the same court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.

  • R.S., 1985, c. F-7, s. 6;
  • 2002, c. 8, s. 16;
  • 2006, c. 11, s. 21.