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

Marginal note:General original jurisdiction

26 The Federal Court has original jurisdiction in respect of any matter, not allocated specifically to the Federal Court of Appeal, in respect of which jurisdiction has been conferred by an Act of Parliament on the Federal Court of Appeal, the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada.

Jurisdiction of Federal Court of Appeal

Marginal note:Appeals from Federal Court

• 27 (1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court:

  • (a) a final judgment;

  • (b) a judgment on a question of law determined before trial;

  • (c) an interlocutory judgment; or

  • (d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada.

• Marginal note:Appeals from Tax Court of Canada, except from informal procedure

  (1.1) An appeal lies to the Federal Court of Appeal from

  • (a) a final judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies;

  • (b) a judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies, on a question of law determined before trial; or

  • (c) an interlocutory judgment or order of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

• Marginal note:Appeals from informal procedure in Tax Court of Canada

  (1.2) An appeal lies to the Federal Court of Appeal from a final judgment of the Tax Court of Canada in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

• Marginal note:Grounds for appeal

  (1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada

  • (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

  • (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

  • (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;

  • (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

  • (e) acted, or failed to act, by reason of fraud or perjured evidence; or

  • (f) acted in any other way that was contrary to law.

• Marginal note:Hearing in summary way

  (1.4) An appeal under subsection (1.2) shall be heard and determined without delay and in a summary way.

• Marginal note:Notice of appeal

  (2) An appeal under this section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appeal

  • (a) in the case of an interlocutory judgment, within 10 days after the pronouncement of the judgment or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 10 days; and

  • (b) in any other case, within 30 days, not including any days in July and August, after the pronouncement of the judgment or determination appealed from or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 30 days.

• Marginal note:Service

  (3) All parties directly affected by an appeal under this section shall be served without delay with a true copy of the notice of appeal, and evidence of the service shall be filed in the Registry of the Federal Court of Appeal.

• Marginal note:Final judgment

  (4) For the purposes of this section, a final judgment includes a judgment that determines a substantive right except as to any question to be determined by a referee pursuant to the judgment.

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.1) 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 58.2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under

    • (i) subsection 52(2) of that Act,

    • (ii) section 81 of the Canada Pension Plan,

    • (iii) section 27.1 of the Old Age Security Act,

    • (iv) section 112 of the Employment Insurance Act, or

    • (v) any regulations made under subsection 11(1) of the Canada Disability Benefit Act regarding reviews or reconsiderations;

  • (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.