Federal Courts Rules (SOR/98-106)

Marginal note:Directions on reference

322. Where the Attorney General of Canada or a tribunal makes a reference, the Attorney General or tribunal shall bring an ex parte motion for directions as to

• (a) which persons shall be given notice of the reference;

• (b) the material that will constitute the case to be determined on the reference;

• (c) the preparation, filing and service of copies of the material;

• (d) the preparation, filing and service of memoranda of fact and law;

• (e) the procedure for the hearing of the reference;

• (f) the time and place for the hearing of the reference; and

• (g) the role, if any, of the tribunal in question.

Marginal note:Notice of intention to become party

323. Any of the following persons may become a party to a reference by serving and filing a notice of intention to participate in Form 323:

• (a) the Attorney General of Canada;

• (b) the attorney general of a province, for the purpose of adducing evidence or making submissions to the Court under subsection 57(4) of the Act; and

• (c) a person who participated in the proceeding before the tribunal in respect of which the reference is made.

Marginal note:Notice of application

• 324. (1) Subject to subsection (2), a request under the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act, shall be brought by a notice of application.

• Marginal note:Exception

  (2) Where the subject matter of an arbitration to which a request under the Code relates is already the subject matter of a proceeding before the Court, the request may be brought as a motion in that proceeding.

• Marginal note:Affidavit

  (3) An affidavit in support of a notice of application under subsection (1) or a motion under subsection (2) shall be accompanied by a copy of the parties' arbitration agreement and state

  • (a) all material facts;

  • (b) unless the request is brought pursuant to article 8(1) or 9 of the Code, that the arbitration to which the request relates is governed by Canadian law or has been, is being or will be held within the jurisdiction of the Court; and

  • (c) where the request is brought pursuant to article 27 of the Code, the nature of the evidence to be obtained, the name and address of any person to be heard as a witness and the subject-matter of any testimony required from that person, and describe any document to be produced or property to be inspected.

Marginal note:Procedure of province to apply

• 325. (1) Unless the Court orders otherwise, where the Court makes a direction pursuant to subsection 3(3) or 5(3) of the Divorce Act, the rules made under section 25 of that Act for the province specified in the direction pursuant to subsection 23(2) of that Act shall apply to the conduct of the proceeding in the Court, with such modifications as the circumstances require.

• Marginal note:Motion for modification of rules

  (2) A party to a proceeding referred to in subsection (1) may at any time, by motion, request a modification to the rules referred to in that subsection.