An Act respecting the Federal Court of Appeal and the Federal CourtFederal Courts ActFederal Courts20246
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F-7Short Title
Short titleThis Act may be cited as the Federal Courts Act.R.S., 1985, c. F-7, s. 1; 2002, c. 8, s. 14
Interpretation
DefinitionsIn this Act,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non-compliance with law, even though there has been no actual collision; (action pour collision)Associate Chief Justice[Repealed, 2002, c. 8, s. 15]Canadian maritime law means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty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as that law has been altered by this Act or any other Act of Parliament; (droit maritime canadien)Chief Justice[Repealed, 2002, c. 8, s. 15]Court[Repealed, 2002, c. 8, s. 15]Court of Appeal[Repealed, 2002, c. 8, s. 15]Crown means Her Majesty in right of Canada; (Couronne)federal board, commission or other tribunal means any body, person or persons having,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 under a prerogative of the Crown, other than the Tax Court of Canada or any of its judges or associate judges, 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with a law of a province or under section 96 of the Constitution Act, 1867; (office fédéral)Federal Court of Appeal[Repealed, 2002, c. 8, s. 15]final judgment means any judgment or other decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding; (jugement définitif)judge[Repealed, 2002, c. 8, s. 15]practice and procedure includes evidence relating to matters of practice and procedure; (pratique et procédure)property means property of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; (biens)Registry means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act; (greffe)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; (réparation)Rules means provisions of law and rules and orders made under section 46; (règles)ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includesa ship in the process of construction from the time that it is capable of floating, anda ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. (navire)Supreme Court[Repealed, 1990, c. 8, s. 1]Trial Division[Repealed, 2002, c. 8, s. 15]Senate and House of CommonsFor greater certainty, the expression federal board, commission or other tribunal, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer, the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act, the Parliamentary Protective Service or the Parliamentary Budget Officer.DeemingDespite subsection (2), the Parliamentary Budget Officer is deemed to be a federal board, commission or other tribunal for the purpose of subsection 18.3(1).R.S., 1985, c. F-7, s. 2; 1990, c. 8, s. 1; 2001, c. 6, s. 115; 2002, c. 8, s. 15; 2004, c. 7, ss. 7, 38; 2006, c. 9, ss. 5, 38; 2015, c. 36, s. 124; 2017, c. 20, s. 1592022, c. 10, s. 3642022, c. 10, s. 371
The Courts
Federal Court — Appeal Division continuedThe division of the Federal Court of Canada called the Federal Court — Appeal Division is continued under the name “Federal Court of Appeal” in English and “Cour d’appel fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.R.S., 1985, c. F-7, s. 3; 1993, c. 34, s. 68(F); 2002, c. 8, s. 16
Federal Court — Trial Division continuedThe division of the Federal Court of Canada called the Federal Court — Trial Division is continued under the name “Federal Court” in English and “Cour fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.R.S., 1985, c. F-7, s. 4; 2002, c. 8, s. 16
The Judges
Constitution of Federal Court of AppealThe Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 14 other judges.Supernumerary judgesFor each office of judge of the Federal Court of Appeal, there is an additional office of supernumerary judge that a judge of the Federal Court of Appeal may elect under the Judges Act to hold.Additional office of judgeFor the office of Chief Justice of the Federal Court of Appeal, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold.Judges of Federal CourtEvery judge of the Federal Court is, by virtue of his or her office, a judge of the Federal Court of Appeal and has all the jurisdiction, power and authority of a judge of the Federal Court of Appeal.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; 2001, c. 41, ss. 95, 144; 2002, c. 8, s. 162021, c. 23, s. 2542022, c. 10, s. 365
Constitution of Federal CourtThe Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, an associate chief justice called the Associate Chief Justice of the Federal Court and 39 other judges.Supernumerary judgesFor each office of judge of the Federal Court, there is an additional office of supernumerary judge that a judge of the Federal Court may elect under the Judges Act to hold.Additional office of judgeFor each of the offices of Chief Justice of the Federal Court and Associate Chief Justice of the Federal Court, there is an additional office of judge that the Chief Justice and Associate Chief Justice may elect under the Judges Act to hold.Judges of Federal Court of AppealEvery judge of the Federal Court of Appeal is, by virtue of that office, a judge of the Federal Court and has all the jurisdiction, power and authority of a judge of the Federal Court.2001, c. 41, s. 144; 2002, c. 8, s. 16; 2010, c. 8, s. 41; 2018, c. 12, s. 3042019, c. 29, s. 311
Appointment of judgesThe judges of the Federal Court of Appeal and the Federal Court are to be appointed by the Governor in Council by letters patent under the Great Seal.2002, c. 8, s. 16
Who may be appointed judgeA person may be appointed a judge of the Federal Court of Appeal or the Federal Court if the personis or has been a judge of a superior, county or district court in Canada;is or has been a barrister or advocate of at least 10 years standing at the bar of any province; orhas, for at least 10 years,been a barrister or advocate at the bar of any province, andafter 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 under a law of Canada or a province.2002, c. 8, s. 16
Judges from QuebecAt least five of the judges of the Federal Court of Appeal and at least 10 of the judges of the Federal Court must 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.2002, c. 8, s. 16; 2006, c. 11, s. 20
Rank and precedenceThe Chief Justices of the Federal Court of Appeal and the Federal Court and the other judges of those courts have rank and precedence among themselves in the following order:the Chief Justice of the Federal Court of Appeal;the Chief Justice of the Federal Court;the Associate Chief Justice of the Federal Court;the other judges of the Federal Court of Appeal, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court of Appeal; andthe other judges of the Federal Court, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court.Absence or incapacity of Chief Justice — Federal Court of AppealIf the office of Chief Justice of the Federal Court of Appeal is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed bythe judge of the Federal Court of Appeal who has been designated for that purpose by the Chief Justice of that Court; orif no judge has been designated under paragraph (a), or if the judge so designated is absent from Canada or is unable or unwilling to act, the senior judge of that court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.Absence or incapacity of Chief Justice — Federal CourtIf the office of Chief Justice of the Federal Court is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performedby the Associate Chief Justice of the Federal Court;if the office of Associate Chief Justice is vacant, or the Associate Chief Justice is absent from Canada or is for any reason unable to act, by a judge of that court designated by the Chief Justice for that purpose; orif no judge has been designated under paragraph (b), or if the judge so designated is absent from Canada or is unable or unwilling to act, by the senior judge of that court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.R.S., 1985, c. F-7, s. 6; 2002, c. 8, s. 16; 2006, c. 11, s. 21; 2018, c. 12, s. 305
Residence of judgesThe judges of the Federal Court of Appeal and the Federal Court shall reside in the National Capital Region described in the schedule to the National Capital Act or within 40 kilometres of that Region.Rota of judgesNotwithstanding subsection (1), the Rules may provide for a rota of judges in order to ensure 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 monthNo 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., 1985, c. F-7, s. 7; 2002, c. 8, s. 17; 2006, c. 11, s. 22(E)
Tenure of officeSubject to subsection (2), the judges of the Federal Court of Appeal and the Federal Court hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons.Cessation of officeA judge of the Federal Court of Appeal or the Federal Court ceases to hold office on becoming 75 years old.TransitionalA 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; 2002, c. 8, s. 18
Oath of office for judgesBefore judges of the Federal Court of Appeal or the Federal Court begin to perform their duties as judges, they shall take an oath that they will duly and faithfully execute their powers and trusts as judges to the best of their skill and knowledge.How administered — Federal Court of AppealThe oath shall be administered to the Chief Justice of the Federal Court of Appeal before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.How administered — Federal CourtThe oath shall be administered to the Chief Justice of the Federal Court before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.R.S., 1985, c. F-7, s. 9; 2002, c. 8, s. 19
Deputy judges of the Federal Court of AppealSubject 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 of the Federal Court of Appeal made with the approval of the Governor in Council, act as a judge of the Federal Court of Appeal, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court.Deputy judges of the Federal CourtSubject 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 of the Federal Court 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 that court and shall be referred to as a deputy judge of that court.Consent requiredNo request may be made under subsection (1) or (1.1) 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 or she is a member, or of the attorney general of the province.Approval of Governor in CouncilThe Governor in Council may approve the making of requests under subsection (1) or (1.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section.Salary of deputy judgeA person who acts as a judge of a court under subsection (1) or (1.1) shall be paid a salary for the period that the judge acts, at the rate fixed by the Judges Act for a judge of the court other than the Chief Justice and the Associate Chief Justice of the court, less any amount otherwise payable to him or her 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., 1985, c. F-7, s. 10; 2002, c. 8, s. 19; 2018, c. 12, s. 306
MeetingsThe judges of the Federal Court of Appeal shall meet at least once in each year, on a day fixed by the Chief Justice of the court, in order to consider this Act, the Rules and the administration of justice, as shall the judges of the Federal Court on a day fixed by the Chief Justice of that court.2002, c. 8, s. 19
Barristers, Advocates, Attorneys and Solicitors
Barrister or advocateEvery person who is a barrister or an advocate in a province may practise as a barrister or an advocate in the Federal Court of Appeal or the Federal Court.Attorney or solicitorEvery person who is an attorney or a solicitor in a superior court of a province may practise as an attorney or a solicitor in the Federal Court of Appeal or the Federal Court.Officers of courtEvery person who may practise as a barrister, an advocate, an attorney or a solicitor in the Federal Court of Appeal or the Federal Court is an officer of that Court.R.S., 1985, c. F-7, s. 11; 2002, c. 8, s. 19
Associate Judges
Associate judgesThe Governor in Council may appoint as associate judges of the Federal Court any fit and proper persons who are barristers or advocates in a province and who are, in the opinion of the Governor in Council, necessary for the efficient performance of the work of that court that, under the Rules, is to be performed by them.Number of associate judgesThe Governor in Council may, by regulation, fix the number of associate judges that may be appointed under subsection (1).Supernumerary associate judgesFor each office of associate judge of the Federal Court, there is an additional office of supernumerary associate judge that an associate judge of the Federal Court may elect under the Judges Act to hold.Powers and dutiesThe powers, duties and functions of the associate judges shall be determined by the Rules.Salary, allowances and annuitiesEach associate judge shall be paid a salary, and the allowances and annuities, provided for under the Judges Act.Workload — supernumerary associate judgesThe Governor in Council may, by regulation, fix the workload of a supernumerary associate judge as a percentage of the workload of an associate judge.Immunity from liabilityAn associate judge shall have the same immunity from liability as a judge of the Federal Court.Term of officeAn associate judge shall hold office during good behaviour but may be removed by the Governor in Council for cause.Cessation of officeAn associate judge, whether appointed before or after the coming into force of this subsection, shall cease to hold office on becoming 75 years old.R.S., 1985, c. F-7, s. 12; 2002, c. 8, s. 20; 2003, c. 22, ss. 225(E), 263; 2006, c. 11, s. 23; 2014, c. 39, s. 3282022, c. 10, s. 3662022, c. 10, s. 371
Sheriffs and Marshals
SheriffThe Governor in Council may appoint a sheriff of the Federal Court of Appeal and of the Federal Court for any geographical area.Ex officio sheriffsIf no sheriff is appointed under subsection (1) for a court for a geographical area, the sheriff and deputy sheriffs of the county or other judicial division or part of the county within that geographical area who are appointed under provincial law are ex officio sheriff and deputy sheriffs, respectively, of the Federal Court of Appeal and of the Federal Court.Deputy sheriffThe Rules may provide for the appointment of deputy sheriffs.Sheriffs are marshalsEvery sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a marshal of that court and every deputy sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a deputy marshal of that court.R.S., 1985, c. F-7, s. 13; 2002, c. 8, s. 21
Judicial Administrators
DesignationThe Chief Justice of the Federal Court of Appeal may designate an employee of the Service as the Judicial Administrator of the Federal Court of Appeal, and the Chief Justice of the Federal Court may designate an employee of the Courts Administration Service as the Judicial Administrator of the Federal Court.Duties — Federal Court of AppealThe Judicial Administrator of the Federal Court of Appeal shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, includingthe making of an order fixing the time and place of a hearing, or adjourning a hearing;arranging for the distribution of judicial business in the court; andarranging from time to time for the establishment of any panels of judges of the court that are necessary.Duties — Federal CourtThe Judicial Administrator of the Federal Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, includingthe making of an order fixing the time and place of a trial or hearing, or adjourning a trial or hearing; andarranging for the distribution of judicial business in the court.Revocation of designationA designation made under subsection (1) may be revoked at any time and is automatically revoked when the Chief Justice by whom it was made ceases to hold office as Chief Justice.R.S., 1985, c. F-7, s. 14; 2002, c. 8, s. 22
Organization of Work
Sittings of the Federal CourtSubject to the Rules, any judge of the Federal Court 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 of it and, when a judge so sits or acts, the judge constitutes the court.Arrangements to be made by Chief Justice of the Federal CourtSubject to the Rules, the Chief Justice of the Federal Court shall make all arrangements that may be necessary or proper for the holding of courts, or otherwise for the transaction of business of the Federal Court, and the arrangements from time to time of judges to hold the courts or to transact that business.Hearings in different placesThe trial or hearing of any matter in the Federal Court may, by order of that court, take place partly at one place and partly at another.R.S., 1985, c. F-7, s. 15; 2002, c. 8, s. 23
Sittings of the Federal Court of AppealExcept as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the Federal Court of Appeal, and every application for judicial review or reference to that court, shall be heard in that court before not fewer than three judges sitting together and always before an uneven number of judges. Otherwise, the business of the Federal Court of Appeal shall be dealt with by such judge or judges as the Chief Justice of that court may arrange.Arrangements to be made by Chief Justice of the Federal Court of AppealThe Chief Justice of the Federal Court of Appeal shall designate the judges to sit from time to time and the appeals or matters to be heard by them.Place of sittingsThe place of each sitting of the Federal Court of Appeal shall be arranged by the Chief Justice of that court to suit, as nearly as may be, the convenience of the parties.No judge to hear appeal from own judgmentA judge shall not sit on the hearing of an appeal from a judgment he or she has pronounced.Chief Justice of Federal Court of Appeal to presideThe Chief Justice of the Federal Court of Appeal, when present at any sittings of that court, shall preside and, in the absence of the Chief Justice, the senior judge of that court who is present shall preside.R.S., 1985, c. F-7, s. 16; 1990, c. 8, s. 2; 2002, c. 8, s. 23
Jurisdiction of Federal Court
Relief against the CrownExcept as otherwise provided in this Act or any other Act of Parliament, the Federal Court has concurrent original jurisdiction in all cases in which relief is claimed against the Crown.CasesWithout restricting the generality of subsection (1), the Federal Court has concurrent original jurisdiction, except as otherwise provided, in all cases in whichthe land, goods or money of any person is in the possession of the Crown;the claim arises out of a contract entered into by or on behalf of the Crown;there is a claim against the Crown for injurious affection; orthe claim is for damages under the Crown Liability and Proceedings Act.Crown and subject: consent to jurisdictionThe Federal Court has exclusive original jurisdiction to hear and determine the following matters:the amount to be paid if 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 Federal Court — Trial Division or the Exchequer Court of Canada; andany 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 Federal Court — Trial Division or the Exchequer Court of Canada.Conflicting claims against CrownThe Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims.Relief in favour of Crown or against officerThe Federal Court has concurrent original jurisdictionin proceedings of a civil nature in which the Crown or the Attorney General of Canada claims relief; andin 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.Federal Court has no jurisdictionIf 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 Federal Court has no jurisdiction to entertain any proceeding in respect of the same matter unless the Act expressly confers that jurisdiction on that court.R.S., 1985, c. F-7, s. 17; 1990, c. 8, s. 3; 2002, c. 8, s. 25
Extraordinary remedies, federal tribunalsSubject to section 28, the Federal Court has exclusive original jurisdictionto 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; andto 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 ForcesThe Federal Court 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 applicationThe 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; 2002, c. 8, s. 26
Application for judicial reviewAn 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 limitationAn application for judicial review in respect of a decision or an order of a federal board, commission or other tribunal shall be made within 30 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 by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days.Powers of Federal CourtOn an application for judicial review, the Federal Court mayorder 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; ordeclare 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 reviewThe Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunalacted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;erred in law in making a decision or an order, whether or not the error appears on the face of the record;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;acted, or failed to act, by reason of fraud or perjured evidence; oracted in any other way that was contrary to law.Defect in form or technical irregularityIf the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court mayrefuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; andin the case of a defect in form or a technical irregularity in a decision or an order, make an order validating the decision or order, to have effect from any time and on any terms that it considers appropriate.1990, c. 8, s. 5; 2002, c. 8, s. 27
Interim ordersOn an application for judicial review, the Federal Court may make any interim orders that it considers appropriate pending the final disposition of the application.1990, c. 8, s. 5; 2002, c. 8, s. 28
Reference by federal tribunalA 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 Federal Court for hearing and determination.Reference by Attorney General of CanadaThe Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a court martial and an officer conducting a summary hearing, as defined in subsection 2(1) 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 made under an Act of Parliament to the Federal Court for hearing and determination.1990, c. 8, s. 5; 2002, c. 8, s. 282019, c. 15, s. 55
Hearings in summary waySubject to subsection (2), an application or reference to the Federal Court under any of sections 18.1 to 18.3 shall be heard and determined without delay and in a summary way.ExceptionThe Federal Court 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; 2002, c. 8, s. 28
Exception to sections 18 and 18.1Despite sections 18 and 18.1, if an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an 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; 2002, c. 8, s. 28
Intergovernmental disputesIf the legislature of a province has passed an Act agreeing that the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada has jurisdiction in cases of controversies between Canada and that province, or between that province and any other province or provinces that have passed a like Act, the Federal Court has jurisdiction to determine the controversies.R.S., 1985, c. F-7, s. 19; 2002, c. 8, s. 28
Industrial property, exclusive jurisdictionThe Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,in all cases of conflicting applications for any patent of invention or for any certificate of supplementary protection under the Patent Act, or for the registration of any copyright, trademark, industrial design or topography within the meaning of the Integrated Circuit Topography Act; andin all cases in which it is sought to impeach or annul any patent of invention or any certificate of supplementary protection issued under the Patent Act, or to have any entry in any register of copyrights, trademarks, industrial designs or topographies referred to in paragraph (a) made, expunged, varied or rectified.Industrial property, concurrent jurisdictionThe Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, certificate of supplementary protection issued under the Patent Act, copyright, trademark, industrial design or topography referred to in paragraph (1)(a).R.S., 1985, c. F-7, s. 20; 1990, c. 37, s. 34; 2002, c. 8, s. 29; 2014, c. 20, s. 366(E); 2017, c. 6, s. 128
[Repealed, 2014, c. 22, s. 41]
Navigation and shippingThe Federal Court 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 jurisdictionWithout limiting the generality of subsection (1), for greater certainty, the Federal Court has jurisdiction with respect to all of the following: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;any question arising between co-owners of a ship with respect to possession, employment or earnings of a ship;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;any claim for damage or for loss of life or personal injury caused by a ship either in collision or otherwise;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;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;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;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;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;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;any claim for towage in respect of a ship or of an aircraft while the aircraft is water-borne;any claim for pilotage in respect of a ship or of an aircraft while the aircraft is water-borne;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;any claim arising out of a contract relating to the construction, repair or equipping of a ship;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 or her employment;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;any claim in respect of general average contribution;any claim arising out of or in connection with a contract of marine insurance; andany 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 applicableFor greater certainty, the jurisdiction conferred on the Federal Court by this section appliesin relation to all ships, whether Canadian or not and wherever the residence or domicile of the owners may be;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;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; andin 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; 2002, c. 8, s. 31
Bills of exchange and promissory notes — aeronautics and interprovincial works and undertakingsExcept to the extent that jurisdiction has been otherwise specially assigned, the Federal Court 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:bills of exchange and promissory notes, where the Crown is a party to the proceedings;aeronautics; andworks and undertakings connecting a province with any other province or extending beyond the limits of a province.R.S., 1985, c. F-7, s. 23; 2002, c. 8, s. 32
[Repealed, 2002, c. 8, s. 33]
Extraprovincial jurisdictionThe Federal Court 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., 1985, c. F-7, s. 25; 2002, c. 8, s. 33
General original jurisdictionThe 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.R.S., 1985, c. F-7, s. 26; 2002, c. 8, s. 33
Jurisdiction of Federal Court of Appeal
Appeals from Federal CourtAn appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court:a final judgment;a judgment on a question of law determined before trial;an interlocutory judgment; ora determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada.Appeals from Tax Court of Canada, except from informal procedureAn appeal lies to the Federal Court of Appeal froma 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;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; oran 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.Appeals from informal procedure in Tax Court of CanadaAn 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.Grounds for appealThe only grounds for an appeal under subsection (1.2) are that the Tax Court of Canadaacted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;erred in law in making a decision or an order, whether or not the error appears on the face of the record;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;acted, or failed to act, by reason of fraud or perjured evidence; oracted in any other way that was contrary to law.Hearing in summary wayAn appeal under subsection (1.2) shall be heard and determined without delay and in a summary way.Notice of appealAn appeal under this section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appealin 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; andin 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.ServiceAll 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.Final judgmentFor 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; 2002, c. 8, s. 34
Judicial reviewThe 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:[Repealed, 2012, c. 24, s. 86]the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act;the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act;[Repealed, 2012, c. 19, s. 272]the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act;the Canadian Energy Regulator established by the Canadian Energy Regulator Act;the Governor in Council, when the Governor in Council makes an order under subsection 186(1) of the Canadian Energy Regulator Act;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 undersubsection 52(2) of that Act,section 81 of the Canada Pension Plan,section 27.1 of the Old Age Security Act,section 112 of the Employment Insurance Act, orany regulations made under subsection 11(1) of the Canada Disability Benefit Act regarding reviews or reconsiderations;the Canada Industrial Relations Board established by the Canada Labour Code;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;adjudicators as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act;the Copyright Board established by the Copyright Act;the Canadian Transportation Agency established by the Canada Transportation Act;[Repealed, 2002, c. 8, s. 35][Repealed, 2012, c. 19, s. 272]the Competition Tribunal established by the Competition Tribunal Act;assessors appointed under the Canada Deposit Insurance Corporation Act;[Repealed, 2012, c. 19, s. 572]the Public Servants Disclosure Protection Tribunal established by the Public Servants Disclosure Protection Act; andthe Specific Claims Tribunal established by the Specific Claims Tribunal Act.Sections applySections 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.Federal Court deprived of jurisdictionIf 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.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); 2002, c. 8, s. 35; 2003, c. 22, ss. 167(E), 262; 2005, c. 46, s. 56.1; 2006, c. 9, ss. 6, 222; 2008, c. 22, s. 46; 2012, c. 19, ss. 110, 272, 572, c. 24, s. 86; 2013, c. 40, ss. 236, 439; 2014, c. 20, s. 236; 2017, c. 9, ss. 43, 552019, c. 28, s. 1022021, c. 23, s. 2372024, c. 17, s. 408
[Repealed, 1990, c. 8, s. 8]
Substantive Provisions
Prejudgment interest — cause of action within provinceExcept 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.Prejudgment interest — cause of action outside provinceA 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, calculatedwhere 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; orwhere 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 damagesWhere 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.ExceptionsInterest shall not be awarded under subsection (2)on exemplary or punitive damages;on interest accruing under this section;on an award of costs in the proceeding;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;where the order is made on consent, except by consent of the debtor; orwhere interest is payable by a right other than under this section.Judicial discretionThe 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.ApplicationThis 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 lawThis 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; 2002, c. 8, s. 36
Judgment interest — causes of action within provinceExcept 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.Judgment interest — causes of action outside or in more than one provinceA 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.R.S., 1985, c. F-7, s. 37; 1990, c. 8, s. 9; 2002, c. 8, s. 37
[Repealed, 1990, c. 8, s. 9]
Prescription and limitation on proceedingsExcept 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.Prescription and limitation on proceedings in the Court, not in provinceA 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.[Repealed, 1990, c. 8, s. 10]R.S., 1985, c. F-7, s. 39; 1990, c. 8, s. 10; 2002, c. 8, s. 38
Vexatious proceedingsIf 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.Attorney General of CanadaAn 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).Application for rescission or leave to proceedA 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.Court may grant leaveIf 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.No appealA 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; 2002, c. 8, s. 39
[Repealed, 1990, c. 8, s. 11]
Maritime law continuedCanadian 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 personamSubject to subsection (4), the jurisdiction conferred on the Federal Court by section 22 may in all cases be exercised in personam.Jurisdiction in remSubject to subsection (3), the jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against the ship, aircraft or other property that is the subject of the action, or against any proceeds from its sale that have been paid into court.ExceptionDespite subsection (2), the jurisdiction conferred on the Federal Court by section 22 shall not be exercised in rem with respect to a claim mentioned in paragraph 22(2)(e), (f), (g), (h), (i), (k), (m), (n), (p) or (r) unless, at the time of the commencement of the action, the ship, aircraft or other property that is the subject of the action is beneficially owned by the person who was the beneficial owner at the time when the cause of action arose.Where action in personam may be commencedNo action in personam may be commenced in Canada for a collision between ships unlessthe defendant is a person who has a residence or place of business in Canada;the cause of action arose in Canadian waters; orthe parties have agreed that the Federal Court is to have jurisdiction.ExceptionSubsection (4) does not apply to a counter-claim or an action for a collision, in respect of which another action has already been commenced in the Federal Court.Where suit pending outside CanadaWhere 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 powerNo action in rem may be commenced in Canada againstany warship, coast-guard ship or police vessel;any ship owned or operated by Canada or a province, or any cargo laden thereon, where the ship is engaged on government service; orany 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.ArrestThe jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is owned by the beneficial owner of the ship that is the subject of the action.Reciprocal securityIn an action for a collision in which a ship, an aircraft or other property of a defendant has been arrested, or security has been given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, an aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Federal Court may stay the proceedings in the principal action until security has been given to answer judgment in the cross-action or counter-claim.R.S., 1985, c. F-7, s. 43; 1990, c. 8, s. 12; 1996, c. 31, s. 83; 2002, c. 8, s. 40; 2009, c. 21, s. 18(E)
Mandamus, injunction, specific performance or appointment of receiverIn addition to any other relief that the Federal Court of Appeal or the Federal Court may grant or award, a mandamus, an injunction or an order for specific performance may be granted or a receiver appointed by that court in all cases in which it appears to the court to be just or convenient to do so. The order may be made either unconditionally or on any terms and conditions that the court considers just.R.S., 1985, c. F-7, s. 44; 2002, c. 8, s. 41
Procedure
Giving of judgment after judge ceases to hold officeA judge of the Federal Court of Appeal or the Federal Court who resigns or is appointed to another court or otherwise ceases to hold office may, at the request of the Chief Justice of that court, at any time within eight weeks after that event, give judgment in any cause, action or matter previously tried by or heard before the judge as if he or she had continued in office.Taking part in giving of judgment after judge of Federal Court of Appeal ceases to hold officeIf a judge of the Federal Court of Appeal who resigns or is appointed to another court or otherwise ceases to hold office has heard a cause, an action or a matter in the Federal Court of Appeal jointly with other judges of that court, the judge may, at the request of the Chief Justice of the Federal Court of Appeal, at any time within eight weeks after the resignation, appointment or other ceasing to hold office, take part in the giving of judgment by that court as if he or she had continued in office.If judge unable to take part in giving of judgmentIf a person to whom subsection (2) applies or any other judge by whom a matter in the Federal 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, are deemed to constitute the Federal Court of Appeal.R.S., 1985, c. F-7, s. 45; 2002, c. 8, s. 42
Rules CommitteeThere shall be a rules committee composed of the following members:the Chief Justice of the Federal Court of Appeal;the Chief Justice or the Associate Chief Justice of the Federal Court;three judges designated by the Chief Justice of the Federal Court of Appeal, and five judges and one associate judge designated by the Chief Justice of the Federal Court;the Chief Administrator of the Courts Administration Service;five members of the bar of any province designated by the Attorney General of Canada, after consultation with the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court; andthe Attorney General of Canada or a representative thereof.RepresentationThe 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 Federal Court of Appeal and the Federal Court have jurisdiction.Chief Justice shall presideThe Chief Justice of the Federal Court of Appeal or a member designated by the Chief Justice shall preside over the rules committee.TermThe persons referred to in paragraphs (1)(b) and (c) shall be designated to serve for a period not exceeding three years.ExpensesEach 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; 2002, c. 8, s. 43; 2006, c. 11, s. 24; 2018, c. 12, s. 3072022, c. 10, s. 371
RulesSubject to the approval of the Governor in Council and subject also to subsection (4), the rules committee may make general rules and ordersfor regulating the practice and procedure in the Federal Court of Appeal and in the Federal Court, including, without restricting the generality of the foregoing,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,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,rules providing for production of documents by the Crown in a proceeding to which the Crown is not a party,rules providing for the medical examination of a person in respect of whose injury a claim is made,rules governing the taking of evidence before a judge or any other qualified person, in 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 Federal Court of Appeal or the Federal Court to enforce the claim or possible claim in respect of which the evidence is required,rules providing for the reference of any question of fact for inquiry and report by a judge or other person as referee,rules respecting the service of documents within Canada and rules authorizing and governing the service of documents outside Canada,rules governing the recording of proceedings in the course of a hearing and the transcription of that recording,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, andrules governing the material to be furnished to the Federal Court of Appeal or the Federal Court by the Tax Court of Canada or any federal board, commission or other tribunal, for the purposes of any appeal, application or reference;for the effectual execution and working of this Act and the attainment of its intention and objects;for the effectual execution and working of any Act by or under which jurisdiction is conferred on the Federal Court of Appeal or the Federal Court or on any judge of either court in respect of proceedings in that court and the attainment of the intention and objects of that Act;for fixing the fees to be paid by a party to the Registry of the Federal Court of Appeal and of the Federal Court for payment into the Consolidated Revenue Fund in respect of proceedings in those courts;for regulating the duties of officers of the Federal Court of Appeal or the Federal Court;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;for awarding and regulating costs in the Federal Court of Appeal or the Federal Court in favour of or against the Crown, as well as the subject;empowering an associate judge to exercise any authority or jurisdiction, subject to supervision by the Federal Court, even though the authority or jurisdiction may be of a judicial nature;permitting a judge or associate judge to vary a rule or to dispense with compliance with a rule in special circumstances;despite subsection 28(3), providing for the enforcement of orders of the Federal Court of Appeal in the Federal Court;designating an act or omission of a person to be in contempt of court, respecting the procedure to be followed in proceedings for contempt and establishing penalties for a finding of contempt; anddealing with any other matter that any provision of this Act contemplates being the subject of a rule or the Rules.Extent of rulesRules 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.UniformityRules 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 amendmentsWhere 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 committeeshall 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; andmay, 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 ParliamentA 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; 2002, c. 8, s. 442022, c. 10, s. 371
[Repealed, 1990, c. 8, s. 15]
How proceeding against Crown institutedA proceeding against the Crown shall be instituted by filing in the Registry of the Federal 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 $2 as a filing fee.Procedure for filing originating documentThe 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 Federal Court, Ottawa, Canada”.R.S., 1985, c. F-7, s. 48; 2002, c. 8, s. 45
No juriesAll causes or matters before the Federal Court of Appeal or the Federal Court shall be heard and determined without a jury.R.S., 1985, c. F-7, s. 49; 2002, c. 8, s. 45
Stay of proceedings authorizedThe Federal Court of Appeal or the Federal Court may, in its discretion, stay proceedings in any cause or matteron the ground that the claim is being proceeded with in another court or jurisdiction; orwhere for any other reason it is in the interest of justice that the proceedings be stayed.Stay of proceedings requiredThe Federal Court of Appeal or the Federal 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 if it appears that the claimant has an action or a proceeding in respect of the same claim pending in another court against a person who, at the time when the cause of action alleged in the action or proceeding arose, was, in respect of that matter, acting so as to engage the liability of the Crown.Lifting of stayA court that orders a stay under this section may subsequently, in its discretion, lift the stay.R.S., 1985, c. F-7, s. 50; 2002, c. 8, s. 46
Stay of proceedingsThe Federal 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 Federal Court lacks jurisdiction.Recommence in provincial courtIf the Federal Court stays proceedings under subsection (1), the party who instituted them may recommence the 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 actionsIf proceedings are recommenced under subsection (2) within 100 days after the proceedings are stayed in the Federal Court, the claim against the Crown in the recommenced proceedings is deemed, for the purposes of any laws relating to prescription and the limitation of actions, to have been instituted on the day the proceedings in the Federal Court were instituted.1990, c. 8, s. 16; 2002, c. 8, s. 47
Reasons for judgment to be filedIf a judge gives reasons for a judgment pronounced by the judge or pronounced by a court of which the judge was a member, the judge shall file a copy of the reasons in the Registry of the court.R.S., 1985, c. F-7, s. 51; 2002, c. 8, s. 48
Judgments of Federal Court of Appeal
Powers of Federal Court of AppealThe Federal Court of Appeal mayquash proceedings in cases brought before it in which it has no jurisdiction or whenever those proceedings are not taken in good faith;in the case of an appeal from the Federal Court,dismiss the appeal or give the judgment and award the process or other proceedings that the Federal Court should have given or awarded,in its discretion, order a new trial if the ends of justice seem to require it, ormake a declaration as to the conclusions that the Federal Court 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 light of that declaration; andin the case of an appeal other than an appeal from the Federal Court,dismiss the appeal or give the decision that should have been given, orin its discretion, refer the matter back for determination in accordance with such directions as it considers to be appropriate.[Repealed, 1990, c. 8, s. 17]R.S., 1985, c. F-7, s. 52; 1990, c. 8, s. 17; 2002, c. 8, s. 50
Evidence
Taking of evidenceThe evidence of any witness may by order of the Federal Court of Appeal or the Federal Court be taken, subject to any rule or order that may relate to the matter, on commission, on examination or by affidavit.Admissibility of evidenceEvidence that would not otherwise be admissible is admissible, in the discretion of the Federal Court of Appeal or the Federal 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, even though it is not admissible under section 40 of the Canada Evidence Act.R.S., 1985, c. F-7, s. 53; 2002, c. 8, s. 51
Who may administer oath, affidavit or affirmationAll 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 to be used in the Federal Court of Appeal or the Federal Court.Person empowered by commissionThe Governor in Council may, by commission, empower any person who the Governor in Council thinks necessary, in 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 Federal Court of Appeal or the Federal Court.Oath, affidavit or affirmation is validEvery oath, affidavit, declaration or solemn affirmation taken or made under 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 Federal Court of Appeal or the Federal Court.Style of commissionerEvery commissioner empowered under subsection (2) shall be styled a commissioner for administering oaths in the Federal Court of Appeal and the Federal Court.R.S., 1985, c. F-7, s. 54; 2002, c. 8, s. 51
Process
Application of processThe process of the Federal Court of Appeal and of the Federal Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable.Enforcement of order for payment of moneyAn 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 onlyNo attachment as for contempt shall issue for the non-payment of money alone.Sheriff to execute processA sheriff or marshal shall execute the process of the Federal Court of Appeal or the Federal Court that is directed to the sheriff or marshal, whether or not it requires the sheriff or marshal to act outside their geographical jurisdiction, and shall perform all other duties expressly or impliedly assigned to the sheriff or marshal by the Rules.Federal Court process if absence or incapacity of sheriffIf there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.Federal Court of Appeal process if absence or incapacity of sheriffIf there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court of Appeal shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.R.S., 1985, c. F-7, s. 55; 1996, c. 31, s. 84; 2002, c. 8, s. 52
Analogy to provincial processIn addition to any writs of execution or other process that are prescribed by the Rules for enforcement of its judgments or orders, the Federal Court of Appeal or the Federal 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 a judgment or an order is to be executed, and if, by the law of that province, an order of a judge is required for the issue of a process, a judge of that court may make a similar order with respect to like process to issue out of that court.Process against personNo person shall be taken into custody under process of execution for debt issued out of the Federal Court of Appeal or the Federal Court.Process against propertyAll writs of execution or other process against property, whether prescribed by the Rules or authorized by subsection (1), shallunless 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 that are 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; andbind property in the same manner as similar writs or process issued by the provincial superior courts, and the rights of purchasers under the writs or process are the same as those of purchasers under those similar writs or process.Claim against property seizedEvery claim made by a person to property seized under a writ of execution or other process issued out of the Federal Court of Appeal or the Federal Court, or to the proceeds of its sale, 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 provinces.[Repealed, 1990, c. 8, s. 18]R.S., 1985, c. F-7, s. 56; 1990, c. 8, s. 18; 2002, c. 8, s. 53
General
Constitutional questionsIf the constitutional validity, applicability or operability of an Act of Parliament or of the legislature of a province, or of regulations made under such an Act, is in question before the Federal Court of Appeal or the Federal Court or a federal board, commission or other tribunal, other than a court martial and an officer conducting a summary hearing, as defined in subsection 2(1) of the National Defence Act, the Act or regulation shall not be judged 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 noticeThe notice must be served at least 10 days before the day on which the constitutional question is to be argued, unless the Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, orders otherwise.Notice of appeal or application for judicial reviewThe 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.Right to be heardThe Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, in respect of the constitutional question.AppealIf the Attorney General of Canada or the attorney general of a province makes submissions, that attorney general is deemed to be a party to the proceedings for the purpose of any appeal in respect of the constitutional question.R.S., 1985, c. F-7, s. 57; 1990, c. 8, s. 19; 2002, c. 8, s. 542019, c. 15, s. 56
Fees to be paid to Receiver GeneralAll fees payable in respect of proceedings in the Federal Court of Appeal or the Federal Court shall be paid to the Receiver General unless they 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; 2002, c. 8, s. 55
Law reports editorThe Minister of Justice shall appoint or designate a fit and proper person to be editor of the official reports of the decisions of the Federal Court of Appeal and the Federal Court and may appoint a committee of not more than five persons to advise the editor.ContentsThe editor shall include in the reports only the decisions or the parts of them that, in the editor’s opinion, are of sufficient significance or importance to warrant publication in the reports.Printing and distributionThe official reports shall be printed and shall be distributed with or without charge as the Governor in Council may direct.Official languagesEach decision reported in the official reports shall be published therein in both official languages.R.S., 1985, c. F-7, s. 58; 2002, c. 8, s. 56
Police servicesAny services or assistance in connection with the conduct of the hearings of the Federal Court of Appeal and of the Federal Court, the security of those courts and their premises and of staff of the Courts Administration Service, or in connection with the execution of orders and judgments of those courts, that may, having regard to the circumstances, be found necessary shall be provided, at the request of the Chief Justice of each of those courts, by the Royal Canadian Mounted Police or any other police force that the Governor in Council may designate.R.S., 1985, c. F-7, s. 59; 2002, c. 8, s. 57
(Section 48)Federal CourtBetweenA.B.PlaintiffandHer Majesty the QueenDefendantSTATEMENT OF CLAIMFacts(State with convenient certainty the facts on which the plaintiff relies as entitling the plaintiff to relief.)Relief SoughtThe plaintiff therefore claims as follows:Dated at the day of , 20(Signature)Counsel for Plaintiff(or the plaintiff himself or herself if the plaintiff acts for himself or herself)R.S., 1985, c. F-7, Sch.; 2002, c. 8, s. 58RELATED PROVISIONS — R.S., 1985, c. 30 (2nd Supp.), s. 61(2)
Application of amendmentSubsection (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 CourtAny 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.), s. 26
Appeals pendingAny 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 ActFor 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.
 — R.S., 1985, c. 51 (4th Supp.), s. 27
Appeal to Federal CourtAn 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.
 — R.S., 1985, c. 51 (4th Supp.), s. 28
Former practice in Tax Court of CanadaAll 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.
 — R.S., 1985, c. 51 (4th Supp.), s. 29
Practice in Federal Court — Trial DivisionAll 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.
 — R.S., 1985, c. 51 (4th Supp.), s. 30
Practice in Pension Appeals BoardAll 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.
 — 2002, c. 8, ss. 185(1) to (7)
Chief Justice of Federal Court of CanadaThe person holding the office of Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court of Appeal.Associate Chief Justice of Federal Court of CanadaThe person holding the office of Associate Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court.Other judges in the Federal Court — Appeal DivisionEvery other person holding office as a judge or supernumerary judge of the Federal Court — Appeal Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court of Appeal.Other judges in the Federal Court — Trial DivisionEvery other person holding office as a judge or supernumerary judge of the Federal Court — Trial Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court.ProthonotariesEvery person holding office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary, as the case may be, of the Federal Court.SheriffsEvery person holding office as sheriff or deputy sheriff of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as sheriff or deputy sheriff, as the case may be, of the Federal Court of Appeal and the Federal Court.Commissioner for taking oathsEvery person who on the coming into force of section 1 of this Act was empowered to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Canada because of a commission under subsection 54(2) of the Federal Court Act is empowered in or outside Canada to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Appeal and the Federal Court as though the person had been so empowered by a commission under subsection 54(2) of the Federal Courts Act.
 — 2002, c. 8, ss. 185(13), (14)
Letters patentLetters patent under the Great Seal may be issued under the authority of the Governor in Council to each of the persons referred to in subsections (1) to (4), (8) and (9) evidencing the person’s office by virtue of this section.Transfer of court employeesNothing in this Act shall be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the coming into force of section 1 of this Act, occupied a position in or was a member of the staff of the Federal Court of Canada or the Tax Court of Canada, except that the employee, on that coming into force, occupies that position in the Courts Administration Service under the authority of the Chief Administrator of that Service.
 — 2002, c. 8, s. 187
Judicial review rules to apply to certain appealsThe provisions of the Federal Court Rules, 1998 that govern applications to the Federal Court of Appeal under section 28 of the Federal Courts Act apply to appeals to the Federal Court of Appeal under subsection 27(1.2) of that Act, with any modifications that the circumstances require, until other provisions are made to govern those appeals.Other provisions to remain in forceAll provisions of law and rules and orders regulating the practice and procedure in the Federal Court of Canada on the coming into force of section 1 of this Act remain in force until amended, repealed or otherwise determined, to the extent that they are not inconsistent with the provisions of this Act.
 — 2002, c. 8, s. 188
Court proceedings to continueEvery proceeding taken in the Federal Court of Canada before the coming into force of section 1 of this Act shall be continued in conformity with the Federal Courts Act.
 — 2002, c. 8, s. 191
Rules made previouslyRules that were made under section 46 of the Federal Court Act before the coming into force of section 44 of this Act are deemed to have been validly made and continue to have force as though they had been made under section 46 of the Federal Courts Act, as amended by section 44 of this Act.
 — 2013, c. 40, s. 440
Applications for judicial reviewA decision of an adjudicator, as defined in subsection 2(1) of the Public Service Labour Relations Act, in respect of which an application for judicial review has been made before the day on which subsection 366(1) of this Act comes into force is to be dealt with as if that subsection had not come into force.
 — 2014, c. 39, s. 329
SalaryDespite section 10.1 of the Judges Act, a prothonotary of the Federal Court is only entitled to be paid, in respect of the period beginning on April 1, 2012 and ending on the day on which this section comes into force, the difference between the salary described in that section 10.1 and any salary paid or payable to the prothonotary for the same period under the Federal Courts Act.
 — 2014, c. 39, s. 330
ElectionA prothonotary of the Federal Court who holds office on the day on which this section comes into force will continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, as if subsection 12(5) of the Federal Courts Act was not repealed, if the prothonotary makes an election to that effect. The election must be made in writing, signed by the prothonotary, and sent to the President of the Treasury Board within six months after the day on which this section comes into force.Election irrevocableAn election made under subsection (1) is irrevocable.No election — no prior pensionable serviceIf a prothonotary does not make an election under subsection (1) and the prothonotary did not have any pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;the prothonotary is not entitled to a return of contributions under subsection 12(3) of that Act in respect of any period during which the prothonotary held the office of prothonotary;the period during which the prothonotary held the office of prothonotary is not counted as pensionable service for the purposes of that Act;if the prothonotary made an election under subsection 51(1) of that Act, the election is deemed never to have been made; andsubsection 51(2) of that Act does not apply to the prothonotary.No election — prior pensionable serviceIf a prothonotary does not make an election under subsection (1) and the prothonotary had pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;the period during which the prothonotary held the office of prothonotary before the day on which this section comes into force is not counted as pensionable service for the purposes of that Act, other than for the purposes of sections 12 and 13 of that Act;despite subsection 69(3) of that Act, for the purposes of section 69 of that Act, the retirement year or retirement month of the prothonotary is the year or month, as the case may be, in which the prothonotary was appointed to the office of prothonotary; andfor the purposes of Part II of that Act, the prothonotary’s salary is their salary in the public service on the day before the day on which they were appointed to the office of prothonotary, expressed in terms of an annual rate.
 — 2021, c. 23, s. 238
DefinitionsThe following definitions apply in this section and sections 239 to 243.Appeal Division means the Appeal Division of the Tribunal. (division d’appel)former Act means the Department of Employment and Social Development Act as it read immediately before the day on which this Division comes into force. (ancienne loi)General Division means the General Division of the Tribunal. (division générale)Income Security Section means the Income Security Section of the General Division of the Tribunal. (section de la sécurité du revenu)new Act means the Department of Employment and Social Development Act as it reads on the day on which this Division comes into force. (nouvelle loi)Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act. (Tribunal)
 — 2021, c. 23, s. 239
Clarification — immediate applicationFor greater certainty, but subject to sections 240 to 242, the new Act applies in respect of applications and appeals that are ongoing on the day on which this Division comes into force.
 — 2021, c. 23, s. 240
Time limit for appeals — summary dismissalAn appeal of a decision made by the General Division under section 53 of the former Act must be brought to the Appeal Division within 90 days after the day on which this Division comes into force. Despite subsection 56(1) of the new Act, no leave is necessary.Appeals — summary dismissalAn appeal of a decision made by the General Division under section 53 of the former Act that is ongoing on the day on which this Division comes into force, or that is referred to in subsection (1), is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.Federal CourtDespite paragraph 28(1)(g.1) of the Federal Courts Act, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division that relates to an appeal brought under subsection 53(3) of the former Act or that is referred to in subsection (1).Judicial reviewIf, following a judicial review referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.
 — 2021, c. 23, s. 241
Applications under section 66 of former ActAn application under section 66 of the former Act that is ongoing before the General Division or Appeal Division on the day on which this Division comes into force is to be dealt with in accordance with that section 66.Referral back to General DivisionIf, following an appeal of a decision made by the General Division under section 66 of the former Act, the Appeal Division refers the matter back to the General Division, the matter is to be dealt with in accordance with that section 66.Applications for leave to appeal — decision under section 66 of former ActAn application for leave to appeal a decision made by the General Division under section 66 of the former Act is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.Appeals — decisions under section 66 of former ActIf leave to appeal is granted, the appeal is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the appeal is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.Judicial review — leave to appealIf, following a judicial review of a decision of the Appeal Division referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.Judicial review — appealsIf, following a judicial review of a decision of the Appeal Division referred to in subsection (4), the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the matter is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.
 — 2021, c. 23, s. 242
Applications for leave to appeal — Income Security SectionAn application for leave to appeal a decision of the Income Security Section that is ongoing on the day on which this Division comes into force is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.Ongoing appealsAn appeal of a decision of the Income Security Section that is ongoing on the day on which this Division comes into force, or an appeal that results from an application for leave to appeal referred to in subsection (1) that is granted, is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.Federal Court — before coming into forceIn the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.Federal Court — after coming into forceIn the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(5), if, on or after the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.Federal Court of Appeal — before coming into forceIn the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.Federal Court Appeal — after coming into forceIn the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(6), if, on or after the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.
 — 2021, c. 23, s. 243
Interpretation of consequential amendment to Federal Courts ActFor greater certainty, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division made under section 58 of the former Act before the day on which this Division comes into force.
 — 2022, c. 10, s. 372
ProthonotariesFor greater certainty, every person who, immediately before the day on which this section comes into force, holds office as prothonotary of the Federal Court, supernumerary prothonotary of the Federal Court, prothonotary of the Tax Court of Canada or supernumerary prothonotary of the Tax Court of Canada continues in office as associate judge of the Federal Court, supernumerary associate judge of the Federal Court, associate judge of the Tax Court of Canada or supernumerary associate judge of the Tax Court of Canada, as the case may be.
AMENDMENTS NOT IN FORCE — 2023, c. 26, s. 656
Paragraph 28(1)(g.1) of the Federal Courts Act is replaced by the following: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 54.2(2) or 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 subsection 43.11(2) or 52(2) of that Act, section 81 of the Canada Pension Plan, section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act;
 — 2024, c. 17, s. 412
2023, c. 26On the first day on which both section 656 of the Budget Implementation Act, 2023, No. 1 and section 408 of this Act are in force, paragraph 28(1)(g.1) of the Federal Courts Act is replaced by the following: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 54.2(2) or 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 undersubsection 43.11(2) or 52(2) of that Act,section 81 of the Canada Pension Plan,section 27.1 of the Old Age Security Act,section 112 of the Employment Insurance Act, orany regulations made under subsection 11(1) of the Canada Disability Benefit Act regarding reviews or reconsiderations;
2024, c. 172024-06-202021, c. 232022-12-052022, c. 102022-09-232022, c. 102022-06-232019, c. 152022-06-202021, c. 232021-06-292019, c. 282019-08-282019, c. 292019-06-212014, c. 20, s. 366(1)2019-06-172012, c. 24, s. 862019-01-15