GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Act — F-7 39
Prescription and limitation on proceedings 39 (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province. Prescription and limitation on proceedings in the Court, not in province (2) A proceeding in the Federal Court of Appeal or the Federal Court in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose. (3) [Repealed, 1990, c. 8, s. 10] R.S., 1985, c. F-7, s. 39; 1990, c. 8, s. 10; 2002, c. 8, s. 38
Federal Courts Act — F-7 40
Vexatious proceedings 40 (1) If the Federal Court of Appeal or the Federal Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in that court or that a proceeding previously instituted by the person in that court not be continued, except by leave of that court. Attorney General of Canada (2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3). Application for rescission or leave to proceed (3) A person against whom a court has made an order under subsection (1) may apply to the court for rescission of the order or for leave to institute or continue a proceeding. Court may grant leave (4) If an application is made to a court under subsection (3) for leave to institute or continue a proceeding, the court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding. No appeal (5) A decision of the court under subsection (4) is final and is not subject to appeal. R.S., 1985, c. F-7, s. 40; 1990, c. 8, s. 11; 2002, c. 8, s. 39
Federal Courts Act — F-7 42
Maritime law continued 42 Canadian maritime law as it was immediately before June 1, 1971 continues subject to such changes therein as may be made by this Act or any other Act of Parliament. R.S., c. 10(2nd Supp.), s. 42
Federal Courts Act — F-7 43
Jurisdiction in personam 43 (1) Subject to subsection (4), the jurisdiction conferred on the Federal Court by section 22 may in all cases be exercised in personam . Jurisdiction in rem (2) Subject to subsection (3), the jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against the ship, aircraft or other property that is the subject of the action, or against any proceeds from its sale that have been paid into court. Exception (3) Despite subsection (2), the jurisdiction conferred on the Federal Court by section 22 shall not be exercised in rem with respect to a claim mentioned in paragraph 22(2)(e), (f), (g), (h), (i), (k), (m), (n), (p) or (r) unless, at the time of the commencement of the action, the ship, aircraft or other property that is the subject of the action is beneficially owned by the person who was the beneficial owner at the time when the cause of action arose. Where action in personam may be commenced (4) No action in personam may be commenced in Canada for a collision between ships unless (a) the defendant is a person who has a residence or place of business in Canada; (b) the cause of action arose in Canadian waters; or (c) the parties have agreed that the Federal Court is to have jurisdiction. Exception (5) Subsection (4) does not apply to a counter-claim or an action for a collision, in respect of which another action has already been commenced in the Federal Court. Where suit pending outside Canada (6) Where an action for a collision between ships has been commenced outside Canada, an action shall not be commenced in Canada by the same person against the same defendant on the same facts unless the action in the other jurisdiction has been discontinued. Ship owned by sovereign power (7) No action in rem may be commenced in Canada against (a) any warship, coast-guard ship or police vessel; (b) any ship owned or operated by Canada or a province, or any cargo laden thereon, where the ship is engaged on government service; or (c) any ship owned or operated by a sovereign power other than Canada, or any cargo laden thereon, with respect to any claim where, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes. Arrest (8) The jurisdiction conferred on the 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 security (9) In an action for a collision in which a ship, an aircraft or other property of a defendant has been arrested, or security has been given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, an aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Federal Court may stay the proceedings in the principal action until security has been given to answer judgment in the cross-action or counter-claim. 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)
Federal Courts Act — F-7 44
Mandamus , injunction, specific performance or appointment of receiver 44 In 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
Federal Courts Act — F-7 45
Giving of judgment after judge ceases to hold office 45 (1) A 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 office (2) If 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 judgment (3) If 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
Federal Courts Act — F-7 45.1
Rules Committee 45.1 (1) There shall be a rules committee composed of the following members: (a) the Chief Justice of the Federal Court of Appeal; (a.1) the Chief Justice or the Associate Chief Justice of the Federal Court; (b) 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; (b.1) the Chief Administrator of the Courts Administration Service; (c) 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; and (d) the Attorney General of Canada or a representative thereof. Representation (2) The persons referred to in paragraph (1)(c) should be representative of the different regions of Canada and have experience in fields of law in respect of which the Federal Court of Appeal and the Federal Court have jurisdiction. Chief Justice shall preside (3) The Chief Justice of the Federal Court of Appeal or a member designated by the Chief Justice shall preside over the rules committee. Term (4) The persons referred to in paragraphs (1)(b) and (c) shall be designated to serve for a period not exceeding three years. Expenses (5) Each person referred to in paragraphs (1)(c) and (d) is entitled to be paid travel and living expenses incurred in carrying out duties as a member of the rules committee while absent from the person’s ordinary place of residence but those expenses shall not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada. 1990, c. 8, s. 13; 2002, c. 8, s. 43; 2006, c. 11, s. 24; 2018, c. 12, s. 307 2022, c. 10, s. 371
Federal Courts Act — F-7 46
er matter that any provision of this Act contemplates being the subject of a rule or the Rules. Extent of rules (2) Rules and orders made under this section may extend to matters arising out of or in the course of proceedings under any Act involving practice and procedure or otherwise, for which no provision is made by that Act or any other Act but for which it is found necessary to provide in order to ensure the proper working of that Act and the better attainment of its objects. Uniformity (3) Rules and orders made under this section may provide for a procedure that is uniform in whole or in part in respect of all or any class or classes of matters and for a uniform nomenclature in any such matters. Advance publication of rules and amendments (4) Where the rules committee proposes to amend, vary or revoke any rule or order made under this section or to make any rule or order additional to the general rules and orders first made under this section and published together, the committee (a) shall give notice of the proposal by publishing it in the Canada Gazette and shall, in the notice, invite any interested person to make representations to the committee in writing with respect thereto within sixty days after the day of that publication; and (b) may, after the expiration of the sixty days referred to in paragraph (a) and subject to the approval of the Governor in Council, implement the proposal either as originally published or as revised in such manner as the committee deems advisable having regard to any representations so made to it. Rules to be laid before Parliament (5) A copy of each rule or order and of each amendment, variation or revocation of a rule or order made under this section shall be laid before each House of Parliament on any of the first fifteen days after the approval by the Governor in Council of the making thereof on which that House is sitting. R.S., 1985, c. F-7, s. 46; 1990, c. 8, s. 14; 1992, c. 1, s. 68; 2002, c. 8, s. 44 2022, c. 10, s. 371
Federal Courts Act — F-7 48
How proceeding against Crown instituted 48 (1) A 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 document (2) The original and two copies of the originating document may be filed as required by subsection (1) by being forwarded, together with a remittance for the filing fee, by registered mail addressed to “The Registry, The Federal Court, Ottawa, Canada”. R.S., 1985, c. F-7, s. 48; 2002, c. 8, s. 45
Federal Courts Act — F-7 49
No juries 49 All 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
Federal Courts Act — F-7 50
Stay of proceedings authorized 50 (1) The Federal Court of Appeal or the Federal Court may, in its discretion, stay proceedings in any cause or matter (a) on the ground that the claim is being proceeded with in another court or jurisdiction; or (b) where for any other reason it is in the interest of justice that the proceedings be stayed. Stay of proceedings required (2) The 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 stay (3) A 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
Federal Courts Act — F-7 50.1
Stay of proceedings 50.1 (1) 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 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 court (2) If 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 actions (3) If 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
Federal Courts Act — F-7 51
Reasons for judgment to be filed 51 If 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
Federal Courts Act — F-7 52
Powers of Federal Court of Appeal 52 The Federal Court of Appeal may (a) quash proceedings in cases brought before it in which it has no jurisdiction or whenever those proceedings are not taken in good faith; (b) in the case of an appeal from the Federal Court, (i) dismiss the appeal or give the judgment and award the process or other proceedings that the Federal Court should have given or awarded, (ii) in its discretion, order a new trial if the ends of justice seem to require it, or (iii) make a declaration as to the conclusions that the 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; and (c) in the case of an appeal other than an appeal from the Federal Court, (i) dismiss the appeal or give the decision that should have been given, or (ii) in its discretion, refer the matter back for determination in accordance with such directions as it considers to be appropriate. (d) [Repealed, 1990, c. 8, s. 17] R.S., 1985, c. F-7, s. 52; 1990, c. 8, s. 17; 2002, c. 8, s. 50
Federal Courts Act — F-7 53
Taking of evidence 53 (1) The 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 evidence (2) Evidence 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
Federal Courts Act — F-7 54
Who may administer oath, affidavit or affirmation 54 (1) All persons authorized to take and receive affidavits to be used in any of the superior courts of a province may administer oaths and take and receive affidavits, declarations and solemn affirmations to be used in the Federal Court of Appeal or the Federal Court. Person empowered by commission (2) The 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 valid (3) Every 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 commissioner (4) Every 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
Federal Courts Act — F-7 55
Application of process 55 (1) The 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 money (2) An order for payment of money, whether for costs or otherwise, may be enforced in the same manner as a judgment. No attachment for non-payment only (3) No attachment as for contempt shall issue for the non-payment of money alone. Sheriff to execute process (4) A sheriff or marshal shall execute the process of the 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 sheriff (5) If 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 sheriff (6) If 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
Federal Courts Act — F-7 56
Analogy to provincial process 56 (1) In addition to any writs of execution or other process that are prescribed by the Rules for enforcement of its judgments or orders, the 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 person (2) No 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 property (3) All writs of execution or other process against property, whether prescribed by the Rules or authorized by subsection (1), shall (a) unless otherwise provided by the Rules, be executed, with respect to the property liable to execution and the mode of seizure and sale, as nearly as possible in the same manner as similar writs or process 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; and (b) bind 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 seized (4) Every 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. (5) [Repealed, 1990, c. 8, s. 18] R.S., 1985, c. F-7, s. 56; 1990, c. 8, s. 18; 2002, c. 8, s. 53
Federal Courts Act — F-7 57
Constitutional questions 57 (1) If 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 notice (2) The 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 review (3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal or application for judicial review made in respect of the constitutional question. Right to be heard (4) The Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the 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. Appeal (5) If 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. 54 2019, c. 15, s. 56
Federal Courts Act — F-7 57.1
Fees to be paid to Receiver General 57.1 All 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