Federal Court Act ( R.S. 1985, c. F-7 )
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Source: http://laws.justice.gc.ca/en/F-7/text.html
Updated to April 30, 2001
Subject: Justice, Courts, and Judiciary


Federal Court Act

CHAPTER F-7

An Act respecting the Federal Court of Canada

SHORT TITLE

Short title

1. This Act may be cited as the Federal Court Act.

R.S., c. 10(2nd Supp.), s. 1.

INTERPRETATION

Definitions

2. (1) In this Act,

"action for collision" «action pour collision»

"action for collision" includes an action for damage caused by one or more ships to another ship or ships or to property or persons on board another ship or ships as a result of carrying out or omitting to carry out a manoeuvre, or as a result of non-compliance with law, even though there has been no actual collision;

"Associate Chief Justice" «juge en chef adjoint»

"Associate Chief Justice" means the Associate Chief Justice of the Court;

"Canadian maritime law" «droit maritime canadien»

"Canadian maritime law" means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty Act, chapter A-1 of the Revised Statutes of Canada, 1970, or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this Act or any other Act of Parliament;

"Chief Justice" «juge en chef»

"Chief Justice" means the Chief Justice of the Court;

"Court" «Cour»

"Court" means the Federal Court of Canada continued by section 3;

"Court of Appeal" «Cour d'appel» ou «Cour d'appel fédérale»

"Court of Appeal" means that division of the Court referred to in section 4 as the Federal Court--Appeal Division;

"Crown" «Couronne»

"Crown" means Her Majesty in right of Canada;

"federal board, commission or other tribunal" «office fédéral»

"federal board, commission or other tribunal" means any body or any person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prerogative of the Crown, other than any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96 of the Constitution Act, 1867;

"Federal Court of Appeal" «Cour d'appel» ou «Cour d'appel fédérale»

"Federal Court of Appeal" has the meaning given in this section to "Court of Appeal";

"final judgment" «jugement définitif»

"final judgment" means any judgment or other decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding;

"judge" «juge»

"judge" means a judge of the Court and includes the Chief Justice and Associate Chief Justice;

"laws of Canada" «droit canadien»

"laws of Canada" has the same meaning as those words have in section 101 of the Constitution Act, 1867;

"practice and procedure" «pratique et procédure»

"practice and procedure" includes evidence relating to matters of practice and procedure;

"property" «biens»

"property" means property of any kind, whether real or personal or corporeal or incorporeal, and, without restricting the generality of the foregoing, includes a right of any kind, a share or a chose in action;

"relief" «réparation»

"relief" includes every species of relief, whether by way of damages, payment of money, injunction, declaration, restitution of an incorporeal right, return of land or chattels or otherwise;

"Rules" «règles»

"Rules" means provisions of law and rules and orders made under section 46;

"ship" «navire»

"ship" means a ship as defined in section 673 of the Canada Shipping Act;

"Supreme Court" [Repealed, 1990, c. 8, s. 1]

"Trial Division" «Section de première instance»

"Trial Division" means that division of the Court referred to in section 4 as the Federal Court--Trial Division.

Senate and House of Commons

(2) For greater certainty, the expression "federal board, commission or other tribunal", as defined in subsection (1), does not include the Senate, the House of Commons or any committee or member of either House.

R.S., 1985, c. F-7, s. 2; 1990, c. 8, s. 1.

THE COURT

Original Court continued

3. The court of law, equity and admiralty in and for Canada now existing under the name of the Federal Court of Canada is hereby continued as an additional court for the better administration of the laws of Canada and shall continue to be a superior court of record having civil and criminal jurisdiction.

R.S., 1985, c. F-7, s. 3; 1993, c. 34, s. 68(F).

Court to consist of two divisions

4. The Court shall consist of two divisions, called the Federal Court--Appeal Division (which may be referred to as the Court of Appeal or Federal Court of Appeal) and the Federal Court--Trial Division.

R.S., c. 10(2nd Supp.), s. 4.

THE JUDGES

Constitution of Court

5. (1) The Court shall consist of the following judges:

(a) a chief justice called the Chief Justice of the Federal Court of Canada, who shall be the president of the Court, shall be the president of and a member of the Court of Appeal and shall be ex officio a member of the Trial Division;

(b) an associate chief justice called the Associate Chief Justice of the Federal Court of Canada, who shall be the president of and a member of the Trial Division and shall be ex officio a member of the Court of Appeal; and

(c) not more than twenty-nine other judges, ten of whom shall be appointed to the Court of Appeal and shall be ex officio members of the Trial Division, and the remainder of whom shall be appointed to the Trial Division and shall be ex officio members of the Court of Appeal.

Supernumerary judges

(2) For each office of judge of the Court of Appeal and of the Trial Division, there shall be the additional office of supernumerary judge that a judge of that Division may elect under the Judges Act to hold.

Additional office of judge

(3) For each of the offices of Chief Justice and Associate Chief Justice, there shall be the additional office of judge that the Chief Justice or Associate Chief Justice, as the case may be, may elect under the Judges Act to hold.

Appointment of judges

(4) The judges shall be appointed by the Governor in Council by letters patent under the Great Seal.

Who may be appointed judge

(5) Any person may be appointed a judge of the Court who

(a) is or has been a judge of a superior, county or district court in Canada,

(b) is or has been a barrister or advocate of at least ten years standing at the bar of any province, or

(c) has, for an aggregate of at least ten years,

(i) been a barrister or advocate at the bar of any province, and

(ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held pursuant to a law of Canada or a province.

Judges for Province of Quebec

(6) Ten at least of the judges shall be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.

R.S., 1985, c. F-7, s. 5; R.S., 1985, c. 41 (1st Supp.), s. 11; 1992, c. 49, s. 127; 1996, c. 22, s. 1.

Chief Justice and Associate Chief Justice, rank and precedence

6. (1) The Chief Justice has rank and precedence over all the other judges, and the Associate Chief Justice has rank and precedence after the Chief Justice over all the other judges.

Rank and precedence among other judges

(2) The other judges have rank and precedence after the Chief Justice and the Associate Chief Justice and among themselves according to seniority determined by reference to the respective times when they became judges of the Exchequer Court of Canada or of the Court.

Absence or incapacity of Chief Justice or Associate Chief Justice

(3) Where the office of Chief Justice or of Associate Chief Justice is vacant, or the Chief Justice or the Associate Chief Justice is absent from Canada or is for any reason unable or unwilling to act, the powers and duties of the Chief Justice or the Associate Chief Justice shall be exercised and performed by the senior judge who is in Canada and is able and willing to act.

R.S., c. 10(2nd Supp.), s. 6.

Residence of judges

7. (1) The judges shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof.

Rota of judges

(2) Notwithstanding subsection (1), the Rules may provide for a rota of judges in order to insure a continuity of judicial availability in any centre where the volume of work or other circumstances make such an arrangement expedient.

No judge to be away for more than one month

(3) No judge shall be required under rules made under subsection (2) to remain in any centre other than the National Capital Region for a period longer than one month, unless it becomes necessary to do so to complete the hearing of a cause or matter.

R.S., c. 10(2nd Supp.), s. 7; 1976-77, c. 25, s. 21.

Tenure of office

8. (1) Subject to subsection (2), the judges hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons.

Cessation of office

(2) A judge shall cease to hold office on attaining the age of seventy-five years.

Transitional

(3) A judge who holds office on March 1, 1987 may retire at the age of seventy years.

R.S., 1985, c. F-7, s. 8; R.S., 1985, c. 16 (3rd Supp.), s. 7.

Oath of office

9. (1) Every judge shall, before entering on the duties of the office of judge, take an oath that he will duly and faithfully, and to the best of his skill and knowledge, execute the powers and trusts reposed in him as a judge of the Court.

How administered

(2) The oath referred to in subsection (1) shall be administered to the Chief Justice before the Governor General, and to the other judges by the Chief Justice or, in the case of absence or incapacity of the Chief Justice, by any other judge.

R.S., c. 10(2nd Supp.), s. 9.

Deputy judges of the Court

10. (1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice made with the approval of the Governor in Council, act as a judge of the Federal Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court.

Consent required

(2) No request may be made under subsection (1) to a judge of a superior, county or district court in a province without the consent of the chief justice or chief judge of the court of which he is a member, or of the attorney general of the province.

Approval of Governor in Council

(3) The Governor in Council may approve the making of requests pursuant to subsection (1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section.

Salary

(4) A person who acts as a judge pursuant to subsection (1) shall be paid a salary for the period he acts at the rate fixed by the Judges Act for a judge of the Court, other than the Chief Justice or the Associate Chief Justice, less any amount otherwise payable to him under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act.

R.S., c. 10(2nd Supp.), s. 10; 1977-78, c. 22, s. 13.

BARRISTERS, ADVOCATES, ATTORNEYS AND SOLICITORS

Barrister or advocate

11. (1) Every person who is a barrister or advocate in a province may practise as a barrister or advocate in the Court.

Attorney or solicitor

(2) Every person who is an attorney or solicitor in a superior court of a province may practise as an attorney or solicitor in the Court.

To be officers of the Court

(3) Every person who may practise as a barrister, advocate, attorney or solicitor in the Court is an officer of the Court.

R.S., c. 10(2nd Supp.), s. 11.

PROTHONOTARIES

Prothonotaries

12. (1) The Governor in Council may appoint as prothonotaries of the Court such fit and proper persons who are barristers or advocates in a province as are, in his opinion, necessary for the efficient performance of the work of the Court that, under the Rules, is to be performed by them.

Senior Prothonotary and Associate Senior Prothonotary

(2) The Governor in Council shall designate one of the prothonotaries to be Senior Prothonotary and one of the prothonotaries to be Associate Senior Prothonotary.

Powers and duties

(3) The powers, duties and functions of the prothonotaries shall be determined by the Rules.

Salary

(4) Each prothonotary shall be paid a salary to be fixed by the Governor in Council.

Superannuation

(5) For the purposes of the Public Service Superannuation Act, a prothonotary shall be deemed to be employed in the Public Service.

R.S., c. 10(2nd Supp.), s. 12.

SHERIFFS AND MARSHALS

Sheriff

13. (1) The Governor in Council may appoint a sheriff of the Court for any geographical area.

Ex officio sheriffs

(2) Where no sheriff is appointed under subsection (1) for a geographical area, the sheriff and deputy sheriffs of the county or other judicial division or part thereof within that geographical area who are appointed under provincial law are ex officio sheriff and deputy sheriffs of the Court.

Deputy sheriff

(3) The Rules may provide for the appointment of deputy sheriffs.

Marshal

(4) Every sheriff of the Court is ex officio a marshal of the Court and every deputy sheriff of the Court is ex officio a deputy marshal of the Court.

R.S., c. 10(2nd Supp.), s. 13.

ADMINISTRATION OF COURT

Registry of Court

14. (1) There is hereby established a Registry of the Court consisting of a principal office of the Court in Ottawa and such other offices of the Court as may be established by the Rules.

Staff of Court

(2) Such officers, clerks and employees as are required for the purposes of the Court shall be appointed under the Public Service Employment Act.

Organization

(3) The employees of the Court shall be organized and the offices shall be operated in such manner as may be provided by the Rules.

R.S., c. 10(2nd Supp.), s. 14.

ORGANIZATION OF WORK

Sittings of Trial Division

15. (1) Subject to the Rules, any judge of the Trial Division may sit and act at any time and at any place in Canada for the transaction of the business of the Court or any part thereof and, when he so sits or acts, he constitutes the Court.

Arrangements to be made by Associate Chief Justice

(2) Subject to the Rules, all such arrangements as may be necessary or proper for the holding of courts, or otherwise for the transaction of business of the Trial Division, and the arrangements from time to time of judges to hold such courts or to transact such business, shall be made by the Associate Chief Justice.

Hearings in different places

(3) The trial of any matter in the Trial Division may, by order of the Court, take place partly at one place and partly at another.

R.S., c. 10(2nd Supp.), s. 15.

Sittings of Court of Appeal

16. (1) Except as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the Court of Appeal, and every application for judicial review or reference to the Court of Appeal, shall be heard in the Court of Appeal before not fewer than three judges sitting together and always before an uneven number of judges, and, otherwise, the business of that Court shall be dealt with by such judge or judges as the Chief Justice may arrange.

Arrangements to be made by Chief Justice

(2) The Chief Justice shall designate the judges to sit from time to time and the appeals or matters to be heard by them.

Place of sittings

(3) The place of each sitting of the Court of Appeal shall be arranged by the Chief Justice to suit, as nearly as may be, the convenience of the parties.

No judge to hear appeal from own judgment

(4) A judge shall not sit on the hearing of an appeal from a judgment he has pronounced.

Chief Justice to preside

(5) The Chief Justice when present at any sittings of the Court of Appeal shall preside and, in the absence of the Chief Justice, the senior judge who is present shall preside.

R.S., 1985, c. F-7, s. 16; 1990, c. 8, s. 2.

JURISDICTION OF TRIAL DIVISION

Relief against the Crown

17. (1) Except as otherwise provided in this Act or any other Act of Parliament, the Trial Division has concurrent original jurisdiction in all cases where relief is claimed against the Crown.

Cases

(2) Without restricting the generality of subsection (1), the Trial Division has concurrent original jurisdiction, except as otherwise provided, in all cases in which

(a) the land, goods or money of any person is in the possession of the Crown;

(b) the claim arises out of a contract entered into by or on behalf of the Crown;

(c) there is a claim against the Crown for injurious affection; or

(d) the claim is for damages under the Crown Liability and Proceedings Act.

Crown and subject: consent to jurisdiction

(3) The Trial Division has exclusive original jurisdiction to hear and determine the following matters:

(a) the amount to be paid where the Crown and any person have agreed in writing that the Crown or that person shall pay an amount to be determined by the Federal Court, the Trial Division or the Exchequer Court of Canada; and

(b) any question of law, fact or mixed law and fact that the Crown and any person have agreed in writing shall be determined by the Federal Court, the Trial Division or the Exchequer Court of Canada.

Conflicting claims against Crown

(4) The Trial Division has concurrent original jurisdiction to hear and determine proceedings to determine disputes where the Crown is or may be under an obligation, in respect of which there are or may be conflicting claims.

Relief in favour of Crown or against officer

(5) The Trial Division has concurrent original jurisdiction

(a) in proceedings of a civil nature in which the Crown or the Attorney General of Canada claims relief; and

(b) in proceedings in which relief is sought against any person for anything done or omitted to be done in the performance of the duties of that person as an officer, servant or agent of the Crown.

Trial Division has no jurisdiction

(6) Where an Act of Parliament confers jurisdiction in respect of a matter on a court constituted or established by or under a law of a province, the Trial Division has no jurisdiction to entertain any proceeding in respect of the same matter unless the Act expressly confers that jurisdiction on the Court.

R.S., 1985, c. F-7, s. 17; 1990, c. 8, s. 3.

Extraordinary remedies, federal tribunals

18. (1) Subject to section 28, the Trial Division has exclusive original jurisdiction

(a) to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal; and

(b) to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph (a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal.

Extraordinary remedies, members of Canadian Forces

(2) The Trial Division has exclusive original jurisdiction to hear and determine every application for a writ of habeas corpus ad subjiciendum, writ of certiorari, writ of prohibition or writ of mandamus in relation to any member of the Canadian Forces serving outside Canada.

Remedies to be obtained on application

(3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1.

R.S., 1985, c. F-7, s. 18; 1990, c. 8, s. 4.

Application for judicial review

18.1 (1) An application for judicial review may be made by the Attorney General of Canada or by anyone directly affected by the matter in respect of which relief is sought.

Time limitation

(2) An application for judicial review in respect of a decision or order of a federal board, commission or other tribunal shall be made within thirty days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected thereby, or within such further time as a judge of the Trial Division may, either before or after the expiration of those thirty days, fix or allow.

Powers of Trial Division

(3) On an application for judicial review, the Trial Division may

(a) order a federal board, commission or other tribunal to do any act or thing it has unlawfully failed or refused to do or has unreasonably delayed in doing; or

(b) declare invalid or unlawful, or quash, set aside or set aside and refer back for determination in accordance with such directions as it considers to be appropriate, prohibit or restrain, a decision, order, act or proceeding of a federal board, commission or other tribunal.

Grounds of review

(4) The Trial Division may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal

(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.

Defect in form or technical irregularity

(5) Where the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Trial Division may

(a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and

(b) in the case of a defect in form or a technical irregularity in a decision or order, make an order validating the decision or order, to have effect from such time and on such terms as it considers appropriate.

1990, c. 8, s. 5.

Interim orders

18.2 On an application for judicial review, the Trial Division may make such interim orders as it considers appropriate pending the final disposition of the application.

1990, c. 8, s. 5.

Reference by federal tribunal

18.3 (1) A federal board, commission or other tribunal may at any stage of its proceedings refer any question or issue of law, of jurisdiction or of practice and procedure to the Trial Division for hearing and determination.

Reference by Attorney General of Canada

(2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, refer any question or issue of the constitutional validity, applicability or operability of an Act of Parliament or of regulations thereunder, to the Trial Division for hearing and determination.

1990, c. 8, s. 5.

Hearings in summary way

18.4 (1) Subject to subsection (2), an application or reference to the Trial Division under any of sections 18.1 to 18.3 shall be heard and determined without delay and in a summary way.

Exception

(2) The Trial Division may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action.

1990, c. 8, s. 5.

Exception to sections 18 and 18.1

18.5 Notwithstanding sections 18 and 18.1, where provision is expressly made by an Act of Parliament for an appeal as such to the Court, to the Supreme Court of Canada, to the Court Martial Appeal Court, to the Tax Court of Canada, to the Governor in Council or to the Treasury Board from a decision or order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.

1990, c. 8, s. 5.

Inter-governmental disputes

19. Where the legislature of a province has passed an Act agreeing that the Court, whether referred to in that Act by its present name or by its former name of the Exchequer Court of Canada, has jurisdiction in cases of controversies

(a) between Canada and that province, or

(b) between that province and any other province or provinces that have passed a like Act,

the Court has jurisdiction to determine the controversies and the Trial Division shall deal with any such matter in the first instance.

R.S., c. 10(2nd Supp.), s. 19.

Industrial property, exclusive jurisdiction

20. (1) The Trial Division has exclusive original jurisdiction, between subject and subject as well as otherwise,

(a) in all cases of conflicting applications for any patent of invention, or for the registration of any copyright, trade-mark, industrial design or topography within the meaning of the Integrated Circuit Topography Act; and

(b) in all cases in which it is sought to impeach or annul any patent of invention or to have any entry in any register of copyrights, trade-marks, industrial designs or topographies referred to in paragraph (a) made, expunged, varied or rectified.

Industrial property, concurrent jurisdiction

(2) The Trial Division has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of any Act of Parliament or at law or in equity respecting any patent of invention, copyright, trade-mark, industrial design or topography referred to in paragraph (1)(a).

R.S., 1985, c. F-7, s. 20; 1990, c. 37, s. 34.

Citizenship appeals

21. The Trial Division has exclusive jurisdiction to hear and determine all appeals that may be brought pursuant to subsection 14(5) of the Citizenship Act.

R.S., c. 10(2nd Supp.), s. 21; 1974-75-76, c. 108, s. 38.

Navigation and shipping

22. (1) The Trial Division has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping, except to the extent that jurisdiction has been otherwise specially assigned.

Maritime jurisdiction

(2) Without limiting the generality of subsection (1), it is hereby declared for greater certainty that the Trial Division has jurisdiction with respect to any one or more of the following:

(a) any claim with respect to title, possession or ownership of a ship or any part interest therein or with respect to the proceeds of sale of a ship or any part interest therein;

(b) any question arising between co-owners of a ship with respect to possession, employment or earnings of a ship;

(c) any claim in respect of a mortgage or hypothecation of, or charge on, a ship or any part interest therein or any charge in the nature of bottomry or respondentia for which a ship or part interest therein or cargo was made security;

(d) any claim for damage or for loss of life or personal injury caused by a ship either in collision or otherwise;

(e) any claim for damage sustained by, or for loss of, a ship including, without restricting the generality of the foregoing, damage to or loss of the cargo or equipment of, or any property in or on or being loaded on or off, a ship;

(f) any claim arising out of an agreement relating to the carriage of goods on a ship under a through bill of lading, or in respect of which a through bill of lading is intended to be issued, for loss or damage to goods occurring at any time or place during transit;

(g) any claim for loss of life or personal injury occurring in connection with the operation of a ship including, without restricting the generality of the foregoing, any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the master or crew thereof or of any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of the ship are responsible, being an act, neglect or default in the management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

(h) any claim for loss of or damage to goods carried in or on a ship including, without restricting the generality of the foregoing, loss of or damage to passengers' baggage or personal effects;

(i) any claim arising out of any agreement relating to the carriage of goods in or on a ship or to the use or hire of a ship whether by charter party or otherwise;

(j) any claim for salvage including, without restricting the generality of the foregoing, claims for salvage of life, cargo, equipment or other property of, from or by an aircraft to the same extent and in the same manner as if the aircraft were a ship;

(k) any claim for towage in respect of a ship or of an aircraft while the aircraft is water-borne;

(l) any claim for pilotage in respect of a ship or of an aircraft while the aircraft is water-borne;

(m) any claim in respect of goods, materials or services wherever supplied to a ship for the operation or maintenance of the ship, including, without restricting the generality of the foregoing, claims in respect of stevedoring and lighterage;

(n) any claim arising out of a contract relating to the construction, repair or equipping of a ship;

(o) any claim by a master, officer or member of the crew of a ship for wages, money, property or other remuneration or benefits arising out of his employment;

(p) any claim by a master, charterer or agent of a ship or shipowner in respect of disbursements, or by a shipper in respect of advances, made on account of a ship;

(q) any claim in respect of general average contribution;

(r) any claim arising out of or in connection with a contract of marine insurance; and

(s) any claim for dock charges, harbour dues or canal tolls including, without restricting the generality of the foregoing, charges for the use of facilities supplied in connection therewith.

Jurisdiction applicable

(3) For greater certainty, it is hereby declared that the jurisdiction conferred on the Court by this section is applicable

(a) in relation to all ships, whether Canadian or not and wherever the residence or domicile of the owners may be;

(b) in relation to all aircraft where the cause of action arises out of paragraphs (2)(j) to (l), whether those aircraft are Canadian or not and wherever the residence or domicile of the owners may be;

(c) in relation to all claims, whether arising on the high seas, in Canadian waters or elsewhere and whether those waters are naturally navigable or artificially made so, including, without restricting the generality of the foregoing, in the case of salvage, claims in respect of cargo or wreck found on the shores of those waters; and

(d) in relation to all mortgages or hypothecations of, or charges by way of security on, a ship, whether registered or not, or whether legal or equitable, and whether created under foreign law or not.

R.S., 1985, c. F-7, s. 22; 1993, c. 34, s. 69(F); 1996, c. 31, s. 82.

Bills of exchange and promissory notes, aeronautics and interprovincial works and undertakings

23. Except to the extent that jurisdiction has been otherwise specially assigned, the Trial Division has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under an Act of Parliament or otherwise in relation to any matter coming within any of the following classes of subjects, namely,

(a) bills of exchange and promissory notes, where the Crown is a party to the proceedings;

(b) aeronautics; and

(c) works and undertakings connecting a province with any other province or extending beyond the limits of a province.

R.S., c. 10(2nd Supp.), s. 23.

Appeals under other Acts

24. (1) Except as otherwise provided in this Act or any other Act of Parliament, the Trial Division has exclusive original jurisdiction to hear and determine all appeals that under any Act of Parliament may be taken to the Court.

Transfer of jurisdiction to Court of Appeal

(2) The Rules may transfer original jurisdiction to hear and determine a particular class of appeal from the Trial Division to the Court of Appeal.

R.S., 1985, c. F-7, s. 24; R.S., 1985, c. 51 (4th Supp.), s. 10; 1990, c. 8, s. 6.

Extraprovincial jurisdiction

25. The Trial Division has original jurisdiction, between subject and subject as well as otherwise, in any case in which a claim for relief is made or a remedy is sought under or by virtue of the laws of Canada if no other court constituted, established or continued under any of the Constitution Acts, 1867 to 1982 has jurisdiction in respect of that claim or remedy.

R.S., c. 10(2nd Supp.), s. 25.

General original jurisdiction

26. (1) The Trial Division has original jurisdiction in respect of any matter, not allocated specifically to the Court of Appeal, in respect of which jurisdiction has been conferred by any Act of Parliament on the Federal Court, whether referred to as such or as the Exchequer Court of Canada.

Transfer of original jurisdiction to Court of Appeal

(2) Notwithstanding subsection (1), the Rules may transfer to the Court of Appeal original jurisdiction to hear and determine a specified class of matter to which that subsection applies.

R.S., c. 10(2nd Supp.), s. 26.

JURISDICTION OF FEDERAL COURT OF APPEAL

Appeals from Trial Division

27. (1) An appeal lies to the Federal Court of Appeal from any

(a) final judgment,

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

(c) interlocutory judgment, or

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

of the Trial Division.

Appeals from Tax Court of Canada

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

(a) a final judgment,

(b) a judgment 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.

Notice of appeal

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

(a) in the case of an interlocutory judgment, within ten days, and

(b) in any other case, within thirty days, in the calculation of which July and August shall be excluded,

after the pronouncement of the judgment or determination appealed from or within such further time as the Trial Division or the Tax Court of Canada, as the case may be, may, either before or after the expiration of those ten or thirty days, as the case may be, fix or allow.

Service

(3) All parties directly affected by an appeal under this section shall be served forthwith with a true copy of the notice of appeal and evidence of service thereof shall be filed in the Registry of the Court.

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.

R.S., 1985, c. F-7, s. 27; R.S., 1985, c. 51 (4th Supp.), s. 11; 1990, c. 8, ss. 7, 78(E); 1993, c. 27, s. 214.

Judicial review

28. (1) The 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) the Board of Arbitration established by the Canada Agricultural Products Act;

(b) the Review Tribunal established by the Canada Agricultural Products Act;

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

(d) the Pension Appeals Board established by the Canada Pension Plan;

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

(f) the National Energy Board established by the National Energy Board Act;

(g) [Repealed, 1992, c. 49, s. 128]

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

(i) the Public Service Staff Relations Board established by the Public Service Staff Relations Act;

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

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

(l) the Tax Court of Canada established by the Tax Court of Canada Act;

(m) umpires appointed under the Employment Insurance Act;

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

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

(p) the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act.

Sections apply

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

Trial Division deprived of jurisdiction

(3) Where the Court of Appeal has jurisdiction to hear and determine any matter, the Trial Division has no jurisdiction to entertain any proceeding in respect of the same matter.

R.S., 1985, c. F-7, s. 28; R.S., 1985, c. 30 (2nd Supp.), s. 61; 1990, c. 8, s. 8; 1992, c. 26, s. 17, c. 33, s. 69, c. 49, s. 128; 1993, c. 34, s. 70; 1996, c. 10, s. 229, c. 23, s. 187; 1998, c. 26, s. 73; 1999, c. 31, s. 92(E).

29. to 35. [Repealed, 1990, c. 8, s. 8]

SUBSTANTIVE PROVISIONS

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 Court in respect of any cause of action arising in that province.

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 any 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 thereon at such rate as the 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.

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.

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 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.

Judicial discretion

(5) The Court may, where 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.

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.

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.

R.S., 1985, c. F-7, s. 36; 1990, c. 8, s. 9.

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 Court in respect of any cause of action arising in that province.

Judgment interest, causes of action outside or in more than one province

(2) A judgment of the Court in respect of a cause of action arising outside any province or in respect of causes of action arising in more than one province shall bear interest at such rate as the Court considers reasonable in the circumstances, calculated from the time of the giving of the judgment.

R.S., 1985, c. F-7, s. 37; 1990, c. 8, s. 9.

38. [Repealed, 1990, c. 8, s. 9]

Prescription and limitation on proceedings in the Court

39. (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in any province between subject and subject apply to any proceedings in the Court in respect of any cause of action arising in that province.

Idem, not in province

(2) A proceeding in the 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]

R.S., 1985, c. F-7, s. 39; 1990, c. 8, s. 10.

Vexatious proceedings

40. (1) Where the Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, the Court may order that no further proceedings be instituted by the person in the Court or that a proceeding previously instituted by the person in the Court not be continued, except by leave of the Court.

Attorney General of Canada

(2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who shall be entitled to be heard on the application and on any application made under subsection (3).

Application for rescission or leave to proceed

(3) A person against whom an order under subsection (1) has been made may apply to the Court for rescission of the order or for leave to institute or continue a proceeding.

Court may grant leave

(4) Where an application is made 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.

No appeal

(5) A decision of the Court under subsection (4) is final and is not subject to appeal.

R.S., 1985, c. F-7, s. 40 1990, c. 8, s. 11.

41. [Repealed, 1990, c. 8, s. 11]

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.

R.S., c. 10(2nd Supp.), s. 42.

Jurisdiction in personam

43. (1) Subject to subsection (4), the jurisdiction conferred on the Court by section 22 may in all cases be exercised in personam.

Jurisdiction in rem

(2) Subject to subsection (3), the jurisdiction conferred on the 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 of sale thereof that have been paid into court.

Exception

(3) Notwithstanding subsection (2), the jurisdiction conferred on the 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.

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 Court is to have jurisdiction.

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 Court.

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.

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.

Arrest

(8) The jurisdiction conferred on the Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is beneficially owned by the person who is the owner of the ship that is the subject of the action.

Reciprocal security

(9) In an action for a collision in which a ship, aircraft or other property of a defendant has been arrested, or security given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Court may stay the proceedings in the principal action until security has been given to answer judgment in the cross-action or counter-claim.

R.S., 1985, c. F-7, s. 43; 1990, c. 8, s. 12; 1996, c. 31, s. 83.

Mandamus, injunction, specific performance or appointment of receiver

44. In addition to any other relief that the Court may grant or award, a mandamus, injunction or order for specific performance may be granted or a receiver appointed by the Court in all cases in which it appears to the Court to be just or convenient to do so, and any such order may be made either unconditionally or on such terms and conditions as the Court deems just.

R.S., c. 10(2nd Supp.), s. 44.

PROCEDURE

Giving of judgment after judge ceases to hold office

45. (1) Where a judge resigns his office or is appointed to any other court or otherwise ceases to hold office, he may, at the request of the Chief Justice, at any time within eight weeks after that event give judgment in any cause, action or matter previously tried by or heard before him as if he had continued in office.

Taking part in giving of judgment after judge ceases to hold office

(2) Where a person to whom subsection (1) applies has heard a cause, action or matter in the Federal Court of Appeal jointly with other judges of the Court of Appeal, he may, at the request of the Chief Justice, at any time within the period mentioned in subsection (1) take part in the giving of judgment by that Court as if he were still a judge.

Where judge unable to take part in giving of judgment

(3) Where a person to whom subsection (1) applies or any other judge by whom a matter in the Court of Appeal has been heard is unable to take part in the giving of judgment or has died, the remaining judges may give judgment and, for that purpose, shall be deemed to constitute the Court.

R.S., c. 10(2nd Supp.), s. 45.

Rules Committee

45.1 (1) There shall be a rules committee composed of the following members:

(a) the Chief Justice and the Associate Chief Justice;

(b) seven judges designated by the Chief Justice;

(c) five members of the bar of any province designated by the Attorney General of Canada, after consultation with the Chief Justice; and

(d) the Attorney General of Canada or a representative thereof.

Representation

(2) The persons referred to in paragraph (1)(c) should be representative of the different regions of Canada and have experience in fields of law in respect of which the Court has jurisdiction.

Chief Justice shall preside

(3) The Chief Justice or a member designated by the Chief Justice shall preside over the rules committee.

Term

(4) The persons referred to in paragraphs (1)(b) and (c) shall be designated to serve for a period not exceeding three years.

Expenses

(5) Each person referred to in paragraphs (1)(c) and (d) is entitled to be paid travel and living expenses incurred in carrying out duties as a member of the rules committee while absent from the person's ordinary place of residence but those expenses shall not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada.

1990, c. 8, s. 13.

Rules

46. (1) Subject to the approval of the Governor in Council and subject also to subsection (4), the rules committee may make general rules and orders

(a) for regulating the practice and procedure in the Trial Division and in the Court of Appeal, including, without restricting the generality of the foregoing,

(i) rules providing, in a proceeding to which the Crown is a party, for examination for discovery of a departmental or other officer of the Crown,

(ii) rules providing for discovery and production, and supplying of copies, of documents by the Crown in a proceeding to which the Crown is a party,

(iii) rules providing for production of documents by the Crown in a proceeding to which the Crown is not a party,

(iv) rules providing for the medical examination of a person in respect of whose injury a claim is made,

(v) rules governing the taking of evidence before a judge or any other qualified person, within or outside Canada, before or during trial and on commission or otherwise, of any person at a time either before or after the commencement of proceedings in the Court to enforce the claim or possible claim in respect of which the evidence is required,

(vi) rules providing for the reference of any question of fact for inquiry and report by a judge or other person as referee,

(vii) rules respecting the service of documents within Canada and rules authorizing and governing the service of documents outside Canada,

(viii) rules governing the recording of proceedings in the course of a hearing and the transcription of that recording,

(ix) rules governing the appointment of assessors and the trying or hearing of a cause or other matter wholly or partly with the assistance of assessors, and

(x) rules governing the material to be furnished to the Court by any federal board, commission or other tribunal for the purposes of any application or reference;

(b) for the effectual execution and working of this Act and the attainment of its intention and objects;

(c) for the effectual execution and working of any Act by or under which any jurisdiction is conferred on the Court or any division of it or on any judge of the Court in respect of proceedings in the Court and the attainment of the intention and objects of that Act including, without restricting the generality of the foregoing, a rule deeming any jurisdiction conferred on the Court or a judge to have been conferred on a specified division of the Court;

(d) for fixing the fees to be paid by a party to the Registry for payment into the Consolidated Revenue Fund in respect of proceedings in the Court;

(e) for regulating the duties of officers of the Court;

(f) for fixing the fees that sheriffs, marshals or other persons to whom process may be issued may receive and take, and for regulating their obligation, if any, to account for those fees to the persons or departments by whom they are employed, or their right to retain them for their own use;

(g) for awarding and regulating costs in the Court in favour of or against the Crown, as well as the subject;

(h) empowering a prothonotary to exercise any authority or jurisdiction, subject to supervision by the Court, even though the authority or jurisdiction may be of a judicial nature; and

(i) dealing with any other matter that any provision of this Act contemplates being the subject of a rule or the Rules.

Extent of rules

(2) Rules and orders made under this section may extend to matters arising out of or in the course of proceedings under any Act involving practice and procedure or otherwise, for which no provision is made by that Act or any other Act but for which it is found necessary to provide in order to ensure the proper working of that Act and the better attainment of its objects.

Uniformity

(3) Rules and orders made under this section may provide for a procedure that is uniform in whole or in part in respect of all or any class or classes of matters and for a uniform nomenclature in any such matters.

Advance publication of rules and amendments

(4) Where the rules committee proposes to amend, vary or revoke any rule or order made under this section or to make any rule or order additional to the general rules and orders first made under this section and published together, the committee

(a) shall give notice of the proposal by publishing it in the Canada Gazette and shall, in the notice, invite any interested person to make representations to the committee in writing with respect thereto within sixty days after the day of that publication; and

(b) may, after the expiration of the sixty days referred to in paragraph (a) and subject to the approval of the Governor in Council, implement the proposal either as originally published or as revised in such manner as the committee deems advisable having regard to any representations so made to it.

Rules to be laid before Parliament

(5) A copy of each rule or order and of each amendment, variation or revocation of a rule or order made under this section shall be laid before each House of Parliament on any of the first fifteen days after the approval by the Governor in Council of the making thereof on which that House is sitting.

R.S., 1985, c. F-7, s. 46; 1990, c. 8, s. 14; 1992, c. 1, s. 68.

47. [Repealed, 1990, c. 8, s. 15]

How proceeding against Crown instituted

48. (1) A proceeding against the Crown shall be instituted by filing in the Registry of the Court the original and two copies of a document that may be in the form set out in the schedule and by payment of the sum of two dollars as a filing fee.

Procedure for filing originating document

(2) The original and two copies of the originating document may be filed as required by subsection (1) by being forwarded, together with a remittance for the filing fee, by registered mail addressed to "The Registry, The Trial Division, The Federal Court of Canada, Ottawa, Canada".

Service of originating document

(3) When the original and two copies of the originating document have been filed and the filing fee has been paid as required by this section, an officer of the Registry of the Court shall, after verifying the accuracy of the copies, forthwith, on behalf of the claimant, serve the originating document on Her Majesty by transmitting the copies to the office of the Deputy Attorney General of Canada.

Certificate

(4) When the copies have been transmitted to the office of the Deputy Attorney General of Canada under subsection (3), a certificate signed by an officer of the Registry respecting the date of filing and the date of transmission of the copies shall be delivered, or forwarded by registered mail, to the claimant or the claimant's counsel or solicitor at the address appearing on the originating document, or at such other address as may have been communicated to the Registry for the purpose.

Certificate to be evidence

(5) A certificate under subsection (4) is evidence of the date of filing and the date of service of the originating document referred to in the certificate.

R.S., c. 10(2nd Supp.), s. 48.

No juries

49. All causes or matters before the Court shall be heard and determined without a jury.

R.S., c. 10(2nd Supp.), s. 49.

Stay of proceedings

50. (1) The Court may, in its discretion, stay proceedings in any cause or matter,

(a) on the ground that the claim is being proceeded with in another court or jurisdiction; or

(b) where for any other reason it is in the interest of justice that the proceedings be stayed.

Idem

(2) The Court shall, on the application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown if it appears that the claimant has an action or proceeding in respect of the same claim pending in any other court against a person who, at the time when the cause of action alleged in the action or proceeding arose, was, in respect thereof, acting so as to engage the liability of the Crown.

Lifting of stay

(3) Any stay ordered under this section may subsequently be lifted in the discretion of the Court.

R.S., c. 10(2nd Supp.), s. 50.

Stay of proceedings

50.1 (1) The Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown where the Crown desires to institute a counter-claim or third-party proceedings in respect of which the Court lacks jurisdiction.

Recommence in provincial court

(2) Where the Court stays proceedings under subsection (1), the party who instituted the proceedings may recommence those proceedings in a court constituted or established by or under a law of a province and otherwise having jurisdiction with respect to the subject-matter of the proceedings.

Prescription and limitation of actions

(3) Where proceedings are recommenced pursuant to subsection (2) within one hundred days after the proceedings are stayed in the Court, the claim against the Crown in the recommenced proceedings shall, for the purposes of any laws relating to prescription and the limitation of actions, be deemed to have been instituted on the day the proceedings in the Court were instituted.

1990, c. 8, s. 16.

Reasons for judgment to be filed

51. Where a judge gives reasons for a judgment pronounced by him or pronounced by a court of which he was a member, he shall file a copy of the reasons in the Registry of the Court.

R.S., c. 10(2nd Supp.), s. 51.

JUDGMENTS OF COURT OF APPEAL

Powers of Court of Appeal

52. The Federal Court of Appeal may

(a) quash proceedings in cases brought before it in which it has no jurisdiction or whenever those proceedings are not taken in good faith;

(b) in the case of an appeal from the Trial Division,

(i) dismiss the appeal or give the judgment and award the process or other proceedings that the Trial Division should have given or awarded,

(ii) in its discretion, order a new trial, if the ends of justice seem to require it, or

(iii) make a declaration as to the conclusions that the Trial Division should have reached on the issues decided by it and refer the matter back for a continuance of the trial on the issues that remain to be determined in the light of that declaration; and

(c) in the case of an appeal other than an appeal from the Trial Division,

(i) dismiss the appeal or give the decision that should have been given, or

(ii) in its discretion, refer the matter back for determination in accordance with such directions as it considers to be appropriate.

(d) [Repealed, 1990, c. 8, s. 17]

R.S., 1985, c. F-7, s. 52; 1990, c. 8, s. 17.

EVIDENCE

Taking of evidence

53. (1) The evidence of any witness may by order of the Court be taken, subject to any rule or order that may relate to the matter, on commission, on examination or by affidavit.

Admissibility of evidence

(2) Evidence that would not otherwise be admissible shall be admissible, in the discretion of the Court and subject to any rule that may relate to the matter, if it would be admissible in a similar matter in a superior court of a province in accordance with the law in force in any province, notwithstanding that it is not admissible by virtue of section 40 of the Canada Evidence Act.

R.S., c. 10(2nd Supp.), s. 53.

Who may administer oath, affidavit or affirmation

54. (1) All persons authorized to take and receive affidavits to be used in any of the superior courts of a province may administer oaths and take and receive affidavits, declarations and solemn affirmations in that province to be used in the Court.

Person empowered by commission

(2) The Governor in Council may, by commission, empower such person as the Governor in Council thinks necessary, within or outside Canada, to administer oaths and to take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Court.

Oath, affidavit or affirmation as valid as if taken before the Court

(3) Every oath, affidavit, declaration or solemn affirmation taken or made pursuant to this section is as valid and of the same effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Court.

Style of commissioner

(4) Every commissioner empowered under subsection (2) shall be styled a commissioner for administering oaths in the Federal Court of Canada.

R.S., c. 10(2nd Supp.), s. 54.

PROCESS

Application of process

55. (1) The process of the Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable.

Enforcement of order for payment of money

(2) An order for payment of money, whether for costs or otherwise, may be enforced in the same manner as a judgment.

No attachment for non-payment only

(3) No attachment as for contempt shall issue for the non-payment of money alone.

Sheriff to execute process

(4) A sheriff or marshal shall execute the process of the Court that is directed to him, whether or not it requires him to act outside his geographical jurisdiction, and shall perform such other duties as may be expressly or impliedly assigned to him by the Rules.

Absence or incapacity of sheriff

(5) In any case where there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Court shall be directed to a deputy sheriff or deputy marshal, or to such other person as may be provided by the Rules or by a special order of the Court made for a particular case, and any such person is entitled to take and retain for his own use such fees as may be provided by the Rules or the special order.

R.S., 1985, c. F-7, s. 55; 1996, c. 31, s. 84.

Analogy to provincial process

56. (1) In addition to any writs of execution or other process that are prescribed by the Rules for enforcement of its judgments or orders, the Court may issue process against the person or the property of any party, of the same tenor and effect as those that may be issued out of any of the superior courts of the province in which any judgment or order is to be executed, and where, by the law of that province, an order of a judge is required for the issue of any process, a judge of the Court may make a similar order with respect to like process to issue out of the Court.

Process against person

(2) No person shall be taken into custody under process of execution for debt issued out of the Court.

Process against property

(3) All writs of execution or other process against property, whether prescribed by the Rules or authorized by subsection (1), shall, unless otherwise provided by the Rules, be executed, with respect to the property liable to execution and the mode of seizure and sale, as nearly as possible in the same manner as similar writs or process, issued out of the superior courts of the province in which the property to be seized is situated, are, by the law of that province, required to be executed, and the writs or other process issued by the Court shall bind property in the same manner as similar writs or process issued by the provincial superior courts, and the rights of purchasers thereunder are the same as those of purchasers under those similar writs or process.

Claim against property seized

(4) Every claim made by any person to property seized under a writ of execution or other process issued out of the Court, or to the proceeds of the sale of that property, shall, unless otherwise provided by the Rules, be heard and disposed of as nearly as may be according to the procedure applicable to like claims to property seized under similar writs or process issued out of the courts of the province.

(5) [Repealed, 1990, c. 8, s. 18]

R.S., 1985, c. F-7, s. 56; 1990, c. 8, s. 18.

GENERAL

Constitutional questions

57. (1) Where the constitutional validity, applicability or operability of an Act of Parliament or of the legislature of any province, or of regulations thereunder, is in question before the Court or a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, the Act or regulation shall not be adjudged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2).

Time of notice

(2) Except where otherwise ordered by the Court or the federal board, commission or other tribunal, the notice referred to in subsection (1) shall be served at least ten days before the day on which the constitutional question described in that subsection is to be argued.

Notice of appeal or application for judicial review

(3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal or application for judicial review made in respect of the constitutional question described in subsection (1).

Right to be heard

(4) The Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the Court or federal board, commission or other tribunal in respect of the constitutional question described in subsection (1).

Appeal

(5) Where the Attorney General of Canada or the attorney general of a province makes submissions under subsection (4), that attorney general shall be deemed to be a party to the proceedings for the purposes of any appeal in respect of the constitutional question described in subsection (1).

R.S., 1985, c. F-7, s. 57; 1990, c. 8, s. 19.

Fees to be paid to Receiver General

57.1 All fees payable in respect of proceedings in the Court shall be paid to the Receiver General unless those fees are, in accordance with an arrangement made by the Minister of Justice, to be received and dealt with in the same manner as amounts paid as provincial court fees, in which case they shall be dealt with as so provided.

1990, c. 8, s. 19.

Law reports editor

58. (1) The Minister of Justice shall appoint or designate a fit and proper person to be editor of the official reports of the decisions of the Court and may appoint a committee of not more than five persons to advise the editor.

Contents

(2) Only such of the decisions of the Court or such parts of such decisions as, in the opinion of the editor, are of sufficient significance or importance to warrant publication in the official reports shall be included therein.

Printing and distribution

(3) The official reports shall be printed and shall be distributed with or without charge as the Governor in Council may direct.

Official languages

(4) Each decision reported in the official reports shall be published therein in both official languages.

R.S., c. 10(2nd Supp.), s. 58.

Police force

59. Such services or assistance in connection with the conduct of the Court's hearings, the security of the Court, its premises and staff or the execution of its orders and judgments as may, having regard to the circumstances, be found necessary shall be provided, at the request of the Chief Justice, by the Royal Canadian Mounted Police or such other police force as the Governor in Council may designate.

R.S., c. 10(2nd Supp.), s. 59.

SCHEDULE

(Section 48)

IN THE FEDERAL COURT OF CANADA TRIAL DIVISION

Between

A.B.

Plaintiff

and

Her Majesty the Queen

Defendant

STATEMENT OF CLAIM

or

DECLARATION

(N.B. Either title

may be used)

Facts

(State with convenient certainty the facts on which the plaintiff relies as entitling him to relief.)

Relief Sought

The plaintiff therefore claims as follows:

(a)

(b)

Dated at ................ the ................ day of ................, 19.......

(Signature)
Counsel for Plaintiff
(or the plaintiff himself
if he acts for himself
)

R.S., c. 10(2nd Supp.), Sch. I.

RELATED PROVISIONS

-- R.S., 1985, c. 30 (2nd Supp.), s. 61(2):

Application of amendment

"(2) Subsection (1) applies only in respect of cases in which the hearing before the Pension Appeals Board takes place after the coming into force of this section."

-- R.S., 1985, c. 51 (4th Supp.), s. 24:

Appeals pending before Federal Court

"24. Any appeal or proceeding instituted under the Income Tax Act or the Petroleum and Gas Revenue Tax Act and pending before the Federal Court of Canada on the day on which this section comes into force and that would, but for this section, have become subject to the jurisdiction of the Tax Court of Canada shall be continued, heard and disposed of, and any amendment to such an appeal made under paragraph 165(7)(b) of the Income Tax Act shall be heard and disposed of, before the Federal Court of Canada as though this Act and sections 13 to 26 and 45 of An Act to amend the Tax Court of Canada Act and other Acts in consequence thereof, chapter 61 of the Statutes of Canada, 1988, had not been enacted."

-- R.S., 1985, c. 51 (4th Supp.), ss. 26 to 30:

Appeals pending

"26. (1) Any appeal or proceeding instituted under the Income Tax Act or the Petroleum and Gas Revenue Tax Act and pending before the Tax Court of Canada on the day on which this section comes into force shall be heard and disposed of, and any amendment to an appeal made under paragraph 165(7)(b) of the Income Tax Act shall be heard and disposed of, by that Court as though this Act and sections 13 to 26 and 45 of An Act to amend the Tax Court of Canada Act and other Acts in consequence thereof, chapter 61 of the Statutes of Canada, 1988, had not been enacted.

Income Tax Act

(2) For greater certainty, an appeal instituted under the Income Tax Act and referred to in subsection (1) shall be heard and disposed of, and all rights and obligations with respect to such an appeal shall apply, as though section 164, subsections 165(3), (4) and (7), 167(4) and (5), sections 170 and 171, subsections 172(1) to (3) and 173(1) and (2), sections 174 to 178 and 179.1 and subsections 225.1(3) to (5), 230(6), 239(4) and 247(3) were read as they existed immediately prior to the coming into force of this section.

Appeal to Federal Court

27. An appeal from a decision in an appeal or other proceeding that has been instituted before the Tax Court of Canada under the Income Tax Act or the Petroleum and Gas Revenue Tax Act before the coming into force of this section shall be instituted before the Federal Court -- Trial Division as though this Act and sections 13 to 26 and 45 of An Act to amend the Tax Court of Canada Act and other Acts in consequence thereof, chapter 61 of the Statutes of Canada, 1988, had not been enacted.

Former practice in Tax Court of Canada

28. All rules regulating the practice and procedure before the Tax Court of Canada on the day on which this section comes into force shall, to the extent that they are not inconsistent with this Act, remain in force for appeals or proceedings referred to in section 18, 18.29 or 18.3 of the Tax Court of Canada Act, as amended by section 5, or proceedings in respect of which a request under subsection 18.33(1) of that Act, as enacted by section 5, has been granted, until amended, varied or revoked by the rules committee under section 20 of the Tax Court of Canada Act.

Practice in Federal Court--Trial Division

29. All provisions of law and rules and orders regulating the practice and procedure in the Trial Division of the Federal Court of Canada that are not inconsistent with this Act or the Tax Court of Canada Act and are in force on the day on which this section comes into force shall apply, with such modifications as the circumstances require, in respect of all appeals and other proceedings in the Tax Court of Canada, other than appeals or proceedings referred to in section 26, 28 or 30, until amended, varied or revoked by the rules committee under section 20 of the Tax Court of Canada Act.

Practice in Pension Appeals Board

30. All provisions of law and rules and orders regulating the practice and procedure before the Pension Appeals Board in force on the day on which this section comes into force shall apply, with such modifications as the circumstances require, in respect of all appeals and other proceedings in the Tax Court of Canada arising under Part I of the Canada Pension Plan until amended, varied or revoked by the rules committee under section 20 of the Tax Court of Canada Act."