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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2022-11-16 and last amended on 2022-01-13. Previous Versions

PART 1Application and Interpretation (continued)

Computation, Extension and Abridgement of Time (continued)

Marginal note:Extension by consent

  •  (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

  •  (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.

  • (3) [Repealed, SOR/2021-244, s. 4]

PART 2Administration of the Court

Officers of the Court

 [Repealed, SOR/2004-283, s. 4]

Marginal note:Court registrars

  •  (1) The Administrator shall arrange that there be in attendance at every sitting of the Court a duly qualified person to act as court registrar for the sitting, who shall, subject to the direction of the Court,

    • (a) make all arrangements necessary to conduct the sitting in an orderly, efficient and dignified manner;

    • (b) keep a record of every material event that transpires during the sitting;

    • (c) keep and be responsible for all books and records of the Court used at the sitting; and

    • (d) keep and be responsible for all exhibits filed during the sitting and mark them, record them and indicate by whom they were filed.

  • Marginal note:Other officers of the Court

    (2) The Administrator shall arrange for the attendance at every sitting of the Court of all persons who are necessary for the proper conduct of the Court at the sitting.

  • SOR/2002-417, s. 2

Court Seals

Marginal note:Court seals

  •  (1) The seal of each court — the Federal Court of Appeal and the Federal Court — shall be approved by its Chief Justice and shall be kept in the principal office.

  • Marginal note:Facsimiles of seal

    (2) The Chief Justice of each court may authorize one or more facsimiles of the seal of their court to be kept at the Registry.

  • SOR/2004-283, s. 5

Registry

Marginal note:Registry functions

 Registry functions may be performed by an officer of the Registry at any place and at any time.

 [Repealed, SOR/2013-18, s. 1]

Marginal note:Recommendation boxes

 To provide the public with an opportunity to make comments regarding the administration or rules of the Court, two small locked boxes — one for the Federal Court of Appeal and one for the Federal Court — shall be maintained in every office of the Registry, located and constructed so that members of the public can conveniently insert envelopes into them and identified by a sign indicating

  • (a) “RECOMMENDATIONS FOR THE FEDERAL COURT OF APPEAL” or “RECOMMENDATIONS FOR THE FEDERAL COURT”, as the case may be;

  • (b) that recommendations are invited for amendments to the Federal Courts Rules and improvements in the administration of the Court; and

  • (c) that every recommendation will be sent unopened directly to the Chief Justice of the court in question.

  • SOR/2004-283, s. 6

Marginal note:Principal office and local offices

 The principal office is located in Ottawa and local offices are located in Calgary, Charlottetown, Edmonton, Fredericton, Halifax, Iqaluit, Montreal, Quebec City, Regina, Saint John, Saskatoon, St. John’s, Toronto, Vancouver, Whitehorse, Winnipeg and Yellowknife.

  • SOR/2006-219, s. 1

Marginal note:Requests and requisitions

 A request or requisition to the Administrator under these Rules shall be made in Form 18.

Fees

Marginal note:Registry fees

 A party shall pay to the Registry for a service or procedure set out in Tariff A the fees set out in that Tariff.

Marginal note:Sheriff’s fees

  •  (1) Subject to subsection (2), a sheriff is entitled to the fees for service and disbursements set out in Tariff A.

  • Marginal note:Modification by Court

    (2) On motion, the Court may increase or decrease the fee payable to a sheriff on execution.

Court Files

[
  • SOR/2021-151, s. 1(E)
]

Marginal note:Records

 The Administrator shall keep all records necessary for documenting the proceedings of the Court and enter in them all orders, directions, foreign judgments ordered to be registered, pleadings and other documents filed in a proceeding.

  • SOR/2015-21, s. 2

Marginal note:Caveat register

  •  (1) The Administrator shall keep in the Registry a caveat register, in which all caveats, withdrawals of caveats and orders affecting caveats shall be entered.

  • Marginal note:Entry of caveat

    (2) On the filing of a caveat under subsection 493(1), (2) or (3), the Administrator shall enter the caveat in the caveat register.

Marginal note:Court file

  •  (1) For each proceeding of the Court, the Administrator shall keep a file that is composed of the following documents, each marked with its date and time of filing, and that is organized by order of filing:

    • (a) every document filed under these Rules, an order of the Court or an Act of Parliament, other than affidavits or other material filed in support of a motion or as evidence at trial;

    • (b) all correspondence between a party and the Registry;

    • (c) all orders;

    • (d) copies of all writs issued in the proceeding; and

    • (e) such other documents relating to the proceeding as the Court may direct.

  • Marginal note:Annexes

    (2) The Administrator shall keep an annex to each Court file that is comprised of

    • (a) all affidavits;

    • (b) all exhibits; and

    • (c) all other documents and material in the possession of the Court or the Registry that are not required by these Rules to be kept in the Court file.

  • SOR/2015-21, s. 3

Marginal note:Retention period

 The Administrator shall retain all files, annexes — other than the exhibits — and records that are required by these Rules to be kept for the period of time specified in the retention schedule established by the Court.

  • SOR/2015-21, s. 4

Marginal note:Files for notices of motion

  •  (1) Where, in respect of an action, application or appeal that has not yet been commenced, a notice of motion for an extension of time, for leave to appeal or for any other order under a statute, rule or other enactment is filed, the notice of motion, any affidavits filed in respect thereof and any order made pursuant to the motion shall be kept in Court files maintained for notices of motion of that category.

  • Marginal note:Copies on file or annex

    (2) If the proceeding is subsequently commenced, a copy of the order and of the other documents related to the motion shall be added to the Court file or annex for the proceeding, as applicable.

  • SOR/2015-21, s. 5

Marginal note:Transmitting paper copies filed at local office

 When a document is filed in paper copy at a local office, the Administrator shall

  • (a) transmit that paper copy, without delay, to the principal office;

  • (b) keep a certified copy of the document at the local office; and

  • (c) transmit a copy of the document to any other local office where a copy is required for the business of the Court.

  • SOR/2015-21, s. 6

Marginal note:Inspection of files

  •  (1) If the necessary facilities are available, a person may, with supervision and without interfering with the business of the Court, inspect a Court file or annex that is available to the public.

  • Marginal note:Removal or deletion of documents

    (2) Nothing shall be removed or deleted from a Court file or annex except

    • (a) under an order of the Court;

    • (b) by an officer of the Registry acting in the course of his or her duties; or

    • (c) in accordance with rule 26.1.

  • Marginal note:Removal of files

    (3) Unless otherwise ordered by the Court, no Court file or annex to a Court file shall be removed from the Registry by any person other than

    • (a) a judge, prothonotary or referee; or

    • (b) an officer of the Registry acting in the course of his or her duties.

  • SOR/2002-417, s. 3
  • SOR/2015-21, s. 7

Marginal note:Definition

  •  (1) In this rule, appeal includes an appeal of an order of a prothonotary, an application for leave to appeal and an appeal to the Supreme Court of Canada.

  • Marginal note:Removal of exhibits from file

    (2) Subject to subsection (4), exhibits put into evidence shall remain part of the annex to the Court file either

    • (a) until the time for an appeal has expired, if no appeal has been taken, or

    • (b) until the appeal is disposed of, if an appeal has been taken.

  • Marginal note:Return of exhibits

    (3) On the expiry of the time for appeal or on the disposition of the appeal, the Administrator shall return the exhibits to the respective solicitors or the parties who put the exhibits in evidence.

  • Marginal note:Return on consent

    (4) At any time following judgment, on requisition by the solicitor or party who put an exhibit in evidence or the person who produced it and on the filing of the consent of all parties, the Administrator shall return the exhibit to the person making the requisition.

  • SOR/2002-417, s. 4
  • SOR/2015-21, s. 8

Unclaimed Exhibits

Marginal note:Directions

  •  (1) If exhibits are not returnable to a party, solicitor or person or have not been claimed by a party, solicitor or person within one year after the expiry of the time for appeal or the disposition of the appeal referred to in subsection 26.1(3), the Administrator may seek directions from the Court as to their disposition.

  • Marginal note:Disposal of exhibits

    (2) The Court may, at the request of the Administrator, order that any exhibits not claimed by, or returnable to, a party, solicitor or other person be vested in Her Majesty in right of Canada or be destroyed.

  • SOR/2002-417, s. 5

Hearings

Marginal note:Sitting of Court

 The Court may sit at any time and at any place.

Marginal note:Public hearings

  •  (1) Subject to subsection (2) and rule 30, hearings of the Court, other than pre-trial or dispute resolution conferences, shall be open and accessible to the public.

  • Marginal note:Hearing in camera

    (2) On motion, the Court may direct that all or part of a proceeding be heard in camera if it is satisfied that the hearing should not be open to the public.

Marginal note:Orders out of court

  •  (1) A judge or prothonotary who is not sitting in court may make an order on a motion if

    • (a) the judge or prothonotary is satisfied that all parties affected have consented thereto;

    • (b) the motion was brought in accordance with rule 369 or 369.2; or

    • (c) for any other reason the judge or prothonotary considers that the order can be made without a hearing without prejudice to any party.

  • Marginal note:Variance

    (2) On motion, the Court may set aside or vary an order made under paragraph (1)(a) on the ground that a party did not consent to it.

Marginal note:Interpreter

 A request by a party under the Official Languages Act for an interpreter at a hearing shall be made in writing and be sent to the Administrator as soon as is practicable before the hearing begins.

Marginal note:Remote conferencing

 The Court may order that a hearing be conducted in whole or in part by means of a telephone conference call, video-conference or any other form of electronic communication.

Marginal note:Technological assistance

 The Court may give directions to facilitate the conduct of a hearing by the use of any electronic or digital means of communication or storage or retrieval of information, or any other technology it considers appropriate.

Marginal note:General Sittings of Trial Division

  •  (1) General Sittings of the Federal Court for the hearing of motions shall be held, except during the seasonal or summer recess or on a holiday,

    • (a) at Ottawa, every Wednesday and on any other day fixed by the Chief Justice of the Federal Court;

    • (b) at Toronto and Vancouver, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court;

    • (c) in Quebec,

      • (i) at Montreal, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court, and

      • (ii) on a day and at any other place fixed by the Chief Justice of the Federal Court; and

    • (d) in every province other than Ontario, Quebec and British Columbia, at least once per month, on a day and at a place fixed by the Chief Justice of the Federal Court.

  • Marginal note:Cancellation

    (2) General Sittings may be cancelled by the Chief Justice of the Federal Court if no notice of a motion to be presented at the Sittings has been filed

    • (a) in Ottawa, Montreal, Toronto or Vancouver, at least two days before the day of the Sittings; and

    • (b) in any other place, at least one week before the day of the Sittings.

  • Marginal note:Summer recess

    (3) General Sittings during the summer recess will be announced by the Chief Justice of the Federal Court before June 15 each year.

 
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