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

Act current to 2017-12-11 and last amended on 2017-09-21. Previous Versions

 [Repealed, 1990, c. 8, s. 9]

Marginal note:Prescription and limitation on proceedings
  •  (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

  • Marginal note:Prescription and limitation on proceedings in the Court, not in province

    (2) A proceeding in the Federal Court of Appeal or the Federal Court in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose.

  • (3) [Repealed, 1990, c. 8, s. 10]

  • R.S., 1985, c. F-7, s. 39;
  • 1990, c. 8, s. 10;
  • 2002, c. 8, s. 38.
Marginal note:Vexatious proceedings
  •  (1) If the Federal Court of Appeal or the Federal Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in that court or that a proceeding previously instituted by the person in that court not be continued, except by leave of that court.

  • Marginal note:Attorney General of Canada

    (2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3).

  • Marginal note:Application for rescission or leave to proceed

    (3) A person against whom a court has made an order under subsection (1) may apply to the court for rescission of the order or for leave to institute or continue a proceeding.

  • Marginal note:Court may grant leave

    (4) If an application is made to a court under subsection (3) for leave to institute or continue a proceeding, the court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.

  • Marginal note:No appeal

    (5) A decision of the court under subsection (4) is final and is not subject to appeal.

  • R.S., 1985, c. F-7, s. 40;
  • 1990, c. 8, s. 11;
  • 2002, c. 8, s. 39.

 [Repealed, 1990, c. 8, s. 11]

Marginal note:Maritime law continued

 Canadian maritime law as it was immediately before June 1, 1971 continues subject to such changes therein as may be made by this Act or any other Act of Parliament.

  • R.S., c. 10(2nd Supp.), s. 42.
Marginal note:Jurisdiction in personam
  •  (1) Subject to subsection (4), the jurisdiction conferred on the Federal Court by section 22 may in all cases be exercised in personam.

  • Marginal note:Jurisdiction in rem

    (2) Subject to subsection (3), the jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against the ship, aircraft or other property that is the subject of the action, or against any proceeds from its sale that have been paid into court.

  • Marginal note:Exception

    (3) Despite subsection (2), the jurisdiction conferred on the Federal Court by section 22 shall not be exercised in rem with respect to a claim mentioned in paragraph 22(2)(e), (f), (g), (h), (i), (k), (m), (n), (p) or (r) unless, at the time of the commencement of the action, the ship, aircraft or other property that is the subject of the action is beneficially owned by the person who was the beneficial owner at the time when the cause of action arose.

  • Marginal note:Where action in personam may be commenced

    (4) No action in personam may be commenced in Canada for a collision between ships unless

    • (a) the defendant is a person who has a residence or place of business in Canada;

    • (b) the cause of action arose in Canadian waters; or

    • (c) the parties have agreed that the Federal Court is to have jurisdiction.

  • Marginal note:Exception

    (5) Subsection (4) does not apply to a counter-claim or an action for a collision, in respect of which another action has already been commenced in the Federal Court.

  • Marginal note:Where suit pending outside Canada

    (6) Where an action for a collision between ships has been commenced outside Canada, an action shall not be commenced in Canada by the same person against the same defendant on the same facts unless the action in the other jurisdiction has been discontinued.

  • Marginal note:Ship owned by sovereign power

    (7) No action in rem may be commenced in Canada against

    • (a) any warship, coast-guard ship or police vessel;

    • (b) any ship owned or operated by Canada or a province, or any cargo laden thereon, where the ship is engaged on government service; or

    • (c) any ship owned or operated by a sovereign power other than Canada, or any cargo laden thereon, with respect to any claim where, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes.

  • Marginal note:Arrest

    (8) The jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is owned by the beneficial owner of the ship that is the subject of the action.

  • Marginal note:Reciprocal security

    (9) In an action for a collision in which a ship, an aircraft or other property of a defendant has been arrested, or security has been given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, an aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Federal Court may stay the proceedings in the principal action until security has been given to answer judgment in the cross-action or counter-claim.

  • R.S., 1985, c. F-7, s. 43;
  • 1990, c. 8, s. 12;
  • 1996, c. 31, s. 83;
  • 2002, c. 8, s. 40;
  • 2009, c. 21, s. 18(E).
Marginal note:Mandamus, injunction, specific performance or appointment of receiver

 In addition to any other relief that the Federal Court of Appeal or the Federal Court may grant or award, a mandamus, an injunction or an order for specific performance may be granted or a receiver appointed by that court in all cases in which it appears to the court to be just or convenient to do so. The order may be made either unconditionally or on any terms and conditions that the court considers just.

  • R.S., 1985, c. F-7, s. 44;
  • 2002, c. 8, s. 41.

Procedure

Marginal note:Giving of judgment after judge ceases to hold office
  •  (1) A judge of the Federal Court of Appeal or the Federal Court who resigns or is appointed to another court or otherwise ceases to hold office may, at the request of the Chief Justice of that court, at any time within eight weeks after that event, give judgment in any cause, action or matter previously tried by or heard before the judge as if he or she had continued in office.

  • Marginal note:Taking part in giving of judgment after judge of Federal Court of Appeal ceases to hold office

    (2) If a judge of the Federal Court of Appeal who resigns or is appointed to another court or otherwise ceases to hold office has heard a cause, an action or a matter in the Federal Court of Appeal jointly with other judges of that court, the judge may, at the request of the Chief Justice of the Federal Court of Appeal, at any time within eight weeks after the resignation, appointment or other ceasing to hold office, take part in the giving of judgment by that court as if he or she had continued in office.

  • Marginal note:If judge unable to take part in giving of judgment

    (3) If a person to whom subsection (2) applies or any other judge by whom a matter in the Federal Court of Appeal has been heard is unable to take part in the giving of judgment or has died, the remaining judges may give judgment and, for that purpose, are deemed to constitute the Federal Court of Appeal.

  • R.S., 1985, c. F-7, s. 45;
  • 2002, c. 8, s. 42.
Marginal note:Rules Committee
  •  (1) There shall be a rules committee composed of the following members:

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

    • (b) three judges designated by the Chief Justice of the Federal Court of Appeal, and five judges and one prothonotary designated by the Chief Justice of the Federal Court;

    • (b.1) the Chief Administrator of the Courts Administration Service;

    • (c) five members of the bar of any province designated by the Attorney General of Canada, after consultation with the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court; and

    • (d) the Attorney General of Canada or a representative thereof.

  • Marginal note:Representation

    (2) The persons referred to in paragraph (1)(c) should be representative of the different regions of Canada and have experience in fields of law in respect of which the Federal Court of Appeal and the Federal Court have jurisdiction.

  • Marginal note:Chief Justice shall preside

    (3) The Chief Justice of the Federal Court of Appeal or a member designated by the Chief Justice shall preside over the rules committee.

  • Marginal note:Term

    (4) The persons referred to in paragraphs (1)(b) and (c) shall be designated to serve for a period not exceeding three years.

  • Marginal note:Expenses

    (5) Each person referred to in paragraphs (1)(c) and (d) is entitled to be paid travel and living expenses incurred in carrying out duties as a member of the rules committee while absent from the person’s ordinary place of residence but those expenses shall not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada.

  • 1990, c. 8, s. 13;
  • 2002, c. 8, s. 43;
  • 2006, c. 11, s. 24.
 
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