Federal Courts Act

Version of section 17 from 2002-12-31 to 2003-07-01:

Marginal note:Relief against the Crown
  •  (1) Except as otherwise provided in this Act or any other Act of Parliament, the Trial Division has concurrent original jurisdiction in all cases where relief is claimed against the Crown.

  • Marginal note:Cases

    (2) Without restricting the generality of subsection (1), the Trial Division has concurrent original jurisdiction, except as otherwise provided, in all cases in which

    • (a) the land, goods or money of any person is in the possession of the Crown;

    • (b) the claim arises out of a contract entered into by or on behalf of the Crown;

    • (c) there is a claim against the Crown for injurious affection; or

    • (d) the claim is for damages under the Crown Liability and Proceedings Act.

  • Marginal note:Crown and subject: consent to jurisdiction

    (3) The Trial Division has exclusive original jurisdiction to hear and determine the following matters:

    • (a) the amount to be paid where the Crown and any person have agreed in writing that the Crown or that person shall pay an amount to be determined by the Federal Court, the Trial Division or the Exchequer Court of Canada; and

    • (b) any question of law, fact or mixed law and fact that the Crown and any person have agreed in writing shall be determined by the Federal Court, the Trial Division or the Exchequer Court of Canada.

  • Marginal note:Conflicting claims against Crown

    (4) The Trial Division has concurrent original jurisdiction to hear and determine proceedings to determine disputes where the Crown is or may be under an obligation, in respect of which there are or may be conflicting claims.

  • Marginal note:Relief in favour of Crown or against officer

    (5) The Trial Division has concurrent original jurisdiction

    • (a) in proceedings of a civil nature in which the Crown or the Attorney General of Canada claims relief; and

    • (b) in proceedings in which relief is sought against any person for anything done or omitted to be done in the performance of the duties of that person as an officer, servant or agent of the Crown.

  • Marginal note:Trial Division has no jurisdiction

    (6) Where an Act of Parliament confers jurisdiction in respect of a matter on a court constituted or established by or under a law of a province, the Trial Division has no jurisdiction to entertain any proceeding in respect of the same matter unless the Act expressly confers that jurisdiction on the Court.

  • R.S., 1985, c. F-7, s. 17;
  • 1990, c. 8, s. 3.
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