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

Marginal note:Judicial review

• 28 (1) The Federal Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals:

  • (a) [Repealed, 2012, c. 24, s. 86]

  • (b) the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;

  • (b.1) the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act;

  • (c) the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act;

  • (d) [Repealed, 2012, c. 19, s. 272]

  • (e) the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act;

  • (f) the Canadian Energy Regulator established by the Canadian Energy Regulator Act;

  • (g) the Governor in Council, when the Governor in Council makes an order under subsection 186(1) of the Canadian Energy Regulator Act;

  • (g) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act, unless the decision is made under subsection 57(2) or section 58 of that Act or relates to an appeal brought under subsection 53(3) of that Act or an appeal respecting a decision relating to further time to make a request under subsection 52(2) of that Act, section 81 of the Canada Pension Plan, section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act;

  • (h) the Canada Industrial Relations Board established by the Canada Labour Code;

  • (i) the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act;

  • (i.1) adjudicators as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act;

  • (j) the Copyright Board established by the Copyright Act;

  • (k) the Canadian Transportation Agency established by the Canada Transportation Act;

  • (l) [Repealed, 2002, c. 8, s. 35]

  • (m) [Repealed, 2012, c. 19, s. 272]

  • (n) the Competition Tribunal established by the Competition Tribunal Act;

  • (o) assessors appointed under the Canada Deposit Insurance Corporation Act;

  • (p) [Repealed, 2012, c. 19, s. 572]

  • (q) the Public Servants Disclosure Protection Tribunal established by the Public Servants Disclosure Protection Act; and

  • (r) the Specific Claims Tribunal established by the Specific Claims Tribunal Act.

• Marginal note:Sections apply

  (2) Sections 18 to 18.5, except subsection 18.4(2), apply, with any modifications that the circumstances require, in respect of any matter within the jurisdiction of the Federal Court of Appeal under subsection (1) and, when they apply, a reference to the Federal Court shall be read as a reference to the Federal Court of Appeal.

• Marginal note:Federal Court deprived of jurisdiction

  (3) If the Federal Court of Appeal has jurisdiction to hear and determine a matter, the Federal Court has no jurisdiction to entertain any proceeding in respect of that matter.

29 to 35 [Repealed, 1990, c. 8, s. 8]

Substantive Provisions

Marginal note:Prejudgment interest — cause of action within province

• 36 (1) Except as otherwise provided in any other Act of Parliament, and subject to subsection (2), the laws relating to prejudgment interest in proceedings between subject and subject that are in force in a province 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:Prejudgment interest — cause of action outside province

  (2) A person who is entitled to an order for the payment of money in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province is entitled to claim and have included in the order an award of interest on the payment at any rate that the Federal Court of Appeal or the Federal Court considers reasonable in the circumstances, calculated

  • (a) where the order is made on a liquidated claim, from the date or dates the cause of action or causes of action arose to the date of the order; or

  • (b) where the order is made on an unliquidated claim, from the date the person entitled gave notice in writing of the claim to the person liable therefor to the date of the order.

• Marginal note:Interest on special damages

  (3) Where an order referred to in subsection (2) includes an amount for special damages, the interest shall be calculated under that subsection on the balance of special damages incurred as totalled at the end of each six month period following the notice in writing referred to in paragraph (2)(b) and at the date of the order.

• Marginal note:Exceptions

  (4) Interest shall not be awarded under subsection (2)

  • (a) on exemplary or punitive damages;

  • (b) on interest accruing under this section;

  • (c) on an award of costs in the proceeding;

  • (d) on that part of the order that represents pecuniary loss arising after the date of the order and that is identified by a finding of the Federal Court of Appeal or the Federal Court;

  • (e) where the order is made on consent, except by consent of the debtor; or

  • (f) where interest is payable by a right other than under this section.

• Marginal note:Judicial discretion

  (5) The Federal Court of Appeal or the Federal Court may, if it considers it just to do so, having regard to changes in market interest rates, the conduct of the proceedings or any other relevant consideration, disallow interest or allow interest for a period other than that provided for in subsection (2) in respect of the whole or any part of the amount on which interest is payable under this section.

• Marginal note:Application

  (6) This section applies in respect of the payment of money under judgment delivered on or after the day on which this section comes into force, but no interest shall be awarded for a period before that day.

• Marginal note:Canadian maritime law

  (7) This section does not apply in respect of any case in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law.

Marginal note:Judgment interest — causes of action within province

• 37 (1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments of the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

• Marginal note:Judgment interest — causes of action outside or in more than one province

  (2) A judgment of the Federal Court of Appeal or the Federal Court in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province bears interest at the rate that court considers reasonable in the circumstances, calculated from the time of the giving of the judgment.

38 [Repealed, 1990, c. 8, s. 9]

Marginal note:Prescription and limitation on proceedings

• 39 (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]

Marginal note:Vexatious proceedings

• 40 (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.

41 [Repealed, 1990, c. 8, s. 11]

Marginal note:Maritime law continued

42 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.

Marginal note:Jurisdiction in personam

• 43 (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.