Federal Courts Rules (SOR/98-106)

Regulations are current to 2013-05-26 and last amended on 2013-04-01. Previous Versions

Marginal note:General principle

3. These Rules shall be interpreted and applied so as to secure the just, most expeditious and least expensive determination of every proceeding on its merits.

Marginal note:Matters not provided for

4. On motion, the Court may provide for any procedural matter not provided for in these Rules or in an Act of Parliament by analogy to these Rules or by reference to the practice of the superior court of the province to which the subject-matter of the proceeding most closely relates.

Marginal note:Forms

5. Where these Rules require that a form be used, the form may incorporate any variations that the circumstances require.

Computation, Extension and Abridgement of Time

Marginal note:Interpretation Act

  • 6. (1) Subject to subsections (2) and (3), the computation of time under these Rules, or under an order of the Court, is governed by sections 26 to 30 of the Interpretation Act.

  • Marginal note:Period of less than seven days

    (2) Where a period of less than seven days is provided for in these Rules or fixed by an order of the Court, a day that is a holiday shall not be included in computing the period.

  • Marginal note:Christmas recess

    (3) Unless otherwise directed by the Court, a day that falls within the Christmas recess shall not be included in the computation of time under these Rules for filing, amending or serving a document.

Marginal note:Extension by consent

  • 7. (1) Subject to subsections (2) and (3), a period provided by these Rules may be extended once by filing the consent in writing of all parties.

  • Marginal note:Limitation

    (2) An extension of a period under subsection (1) shall not exceed one half of the period sought to be extended.

  • Marginal note:Exception

    (3) No extension may be made on consent of the parties in respect of a period fixed by an order of the Court or under subsection 203(1), 304(1) or 339(1).

Marginal note:Extension or abridgement

  • 8. (1) On motion, the Court may extend or abridge a period provided by these Rules or fixed by an order.

  • Marginal note:When motion may be brought

    (2) A motion for an extension of time may be brought before or after the end of the period sought to be extended.

  • Marginal note:Motions for extension in Court of Appeal

    (3) Unless the Court directs otherwise, a motion to the Federal Court of Appeal for an extension of time shall be brought in accordance with rule 369.

  • SOR/2004-283, s. 32.