GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 125
Motion for removal of solicitor of record 125 (1) Where a solicitor of record ceases to act for a party and the party has not changed its solicitor of record in accordance with rule 124, the Court may, on a motion of the solicitor, order that the solicitor be removed from the record. Manner of service (2) A notice of motion under subsection (1) shall be served on the party formerly represented by the solicitor (a) by personal service; or (b) where personal service cannot practicably be effected, (i) by mailing the notice of motion to the party at the party’s last known address, or (ii) if no mailing address of the party is known, by depositing the notice of motion at the Registry office where the proceeding was initiated. Order to be served (3) An order made under subsection (1) removing a solicitor of record of a party shall be served on the party in the manner set out in subsection (2) and on all other parties to the proceeding. Proof of service (4) An order under subsection (1) does not take effect until proof of its service has been filed.
Federal Courts Rules — 126
Cessation of representation 126 A solicitor is deemed not to represent a party if the solicitor dies or ceases to act for the party for any of the following reasons: (a) appointment to a public office incompatible with the solicitor’s profession; (b) suspension or disbarment as a solicitor; (c) an order made under rule 125; or (d) the solicitor serves and files a notice under subsection 124(5). SOR/2021-246, s. 5
Federal Courts Rules — 126.1
Party’s address for service 126.1 (1) Subject to subsections (2) and (3), a party’s address for service is (a) if the party is not represented by a solicitor, the address shown on the last document filed by the party that indicates an address in Canada; or (b) if the party is represented by a solicitor of record, the solicitor’s address that is set out in the last document filed by the solicitor in the proceeding. Exception — limited-scope representation (2) If a party is represented by a solicitor who is providing limited-scope representation and who has agreed to accept the service of documents relating to their mandate, the party’s address for service in relation to those documents is the address set out for that purpose in the notice of limited-scope representation. Exception — Crown or Attorney General of Canada (3) The address for service for the Crown or the Attorney General of Canada is the address of the office of the Deputy Attorney General of Canada in Ottawa. SOR/2021-246, s. 6
Federal Courts Rules — 127
Service of originating documents 127 (1) An originating document that has been issued, other than in an appeal from the Federal Court to the Federal Court of Appeal or an ex parte application under rule 327, shall be served personally. Exception (2) A party who has already participated in the proceeding need not be personally served. Service of notice of appeal on the Crown (3) Despite subsections (1) and (2), in the case of an appeal from Federal Court to the Federal Court of Appeal, if the Crown, the Attorney General of Canada or any other minister of the Crown is a respondent, the notice of appeal shall be served personally on them in accordance with rule 133. SOR/2004-283, s. 13; SOR/2010-177, s. 1
Federal Courts Rules — 128
Personal service on individual 128 (1) Personal service of a document on an individual, other than an individual under a legal disability, is effected (a) by leaving the document with the individual; (b) by leaving the document with an adult person residing at the individual’s place of residence, and mailing a copy of the document to the individual at that address; (c) where the individual is carrying on a business in Canada, other than a partnership, in a name or style other than the individual’s own name, by leaving the document with the person apparently having control or management of the business at any place where the business is carried on in Canada; (d) by mailing the document to the individual’s last known address, accompanied by an acknowledgement of receipt form in Form 128, if the individual signs and returns the acknowledgement of receipt card or signs a post office receipt; (e) by mailing the document by registered mail to the individual’s last known address, if the individual signs a post office receipt; or (f) in any other manner provided by an Act of Parliament applicable to the proceeding. Effective day of service (2) Service under paragraph (1)(b) is effective on the tenth day after the copy is mailed. Effective day of service (3) Service under paragraph (1)(d) or (e) is effective on the day of receipt indicated on the acknowledgement of receipt form or post office receipt, as the case may be.
Federal Courts Rules — 129
Personal service on individual under legal disability 129 Personal service of a document on an individual under a legal disability is effected by serving the individual in such a manner as the Court may order, having regard to the manner in which the interests of the person will be best protected.
Federal Courts Rules — 130
Personal service on corporation 130 (1) Subject to subsection (2), personal service of a document on a corporation is effected (a) by leaving the document (i) with an officer or director of the corporation or a person employed by the corporation as legal counsel, or (ii) with the person apparently in charge, at the time of the service, of the head office or of the branch or agency in Canada where the service is effected; (b) in the manner provided by any Act of Parliament applicable to the proceeding; or (c) in the manner provided for service on a corporation in proceedings before a superior court in the province in which the service is being effected. Personal service on municipal corporation (2) Personal service of a document on a municipal corporation is effected by leaving the document with the chief executive officer or legal counsel of the municipality.
Federal Courts Rules — 131
Personal service on partnership 131 Personal service of a document on a partnership is effected by leaving the document with (a) where the partnership is a limited partnership, a general partner; and (b) in any other case, a partner or the person who has the control or management of the partnership business at its principal place of business in Canada.
Federal Courts Rules — 131.1
Personal service on sole proprietorship 131.1 Personal service of a document on a sole proprietorship is effected by leaving the document with (a) the sole proprietor; or (b) the person apparently in charge, at the time of the service, of the place of business of the sole proprietorship in Canada where the service is effected. SOR/2002-417, s. 14
Federal Courts Rules — 132
Personal service on unincorporated association 132 Personal service of a document on an unincorporated association is effected by leaving the document with (a) an officer of the association; or (b) the person who has the control or management of the affairs of the association at any office or premises occupied by the association.
Federal Courts Rules — 133
Personal service of originating document on the Crown 133 (1) Personal service of an originating document on the Crown, the Attorney General of Canada or any other Minister of the Crown is effected by filing the original and two paper copies of it at the Registry. Copy to Deputy Attorney General (2) The Administrator shall forthwith transmit a certified copy of an originating document filed under subsection (1) (a) where it was filed at the principal office of the Registry, to the office of the Deputy Attorney General of Canada in Ottawa; and (b) where it was filed at a local office, to the Director of the regional office of the Department of Justice referred to in subsection 4(2) of the Crown Liability and Proceedings (Provincial Court) Regulations . When service is effective (3) Service under subsection (1) is effective at the time the document is filed. SOR/2015-21, s. 14
Federal Courts Rules — 134
Acceptance of service by solicitor 134 Personal service of a document on a party may be effected by the acceptance of service by the party’s solicitor.
Federal Courts Rules — 135
Deemed personal service on a person outside Canada 135 Where a person (a) is resident outside Canada and, in the ordinary course of business, enters into contracts or business transactions in Canada in connection with which the person regularly makes use of the services of a person resident in Canada, and (b) made use of such services in connection with a contract or business transaction, in a proceeding arising out of the contract or transaction, personal service of a document on the person resident outside Canada is effected by personally serving the person resident in Canada.
Federal Courts Rules — 136
Substituted service or dispensing with service 136 (1) Where service of a document that is required to be served personally cannot practicably be effected, the Court may order substitutional service or dispense with service. Motion may be made ex parte (2) A motion for an order under subsection (1) may be made ex parte . Order to be served (3) A document served by substitutional service shall make reference to the order that authorized the substitutional service.
Federal Courts Rules — 137
Service outside Canada 137 (1) Subject to subsection (2), a document to be personally served outside Canada may be served in the manner set out in rules 127 to 136 or in the manner prescribed by the law of the jurisdiction in which service is to be effected. Hague Convention (2) Where service is to be effected in a contracting state to the Hague Convention, service shall be as provided by the Convention. Proof of service (3) Service of documents outside Canada may be proven (a) in the manner set out in rule 146; (b) in the manner provided by the law of the jurisdiction in which service was effected; or (c) in accordance with the Hague Convention, if service is effected in a contracting state.
Federal Courts Rules — 138
Personal service of originating documents 138 Unless otherwise provided in these Rules, personal service is required only for originating documents. SOR/2015-21, s. 15
Federal Courts Rules — 139
Manner of service — other documents 139 (1) If a document is not required to be served personally, service on a party is to be effected by (a) personal service; (b) leaving it at the party’s address for service; (c) mailing it or delivering it by courier to the party’s address for service; (d) transmitting it by fax to the party’s solicitor of record or to the party, as the case may be; (e) transmitting it to the electronic address set out by the party in Form 141A; or (f) any other means that the Court may direct. Service on other parties (2) Subject to subsection 36(3) and rules 145 and 204.1, the document shall be served on all other parties. If no address for service (3) If a party has no address for service at the time of service, the document may be served by leaving it at, or by sending it by registered mail or courier to, (a) if the party is an individual, the party’s usual or last known address; and (b) if the party is an unincorporated body, a group of persons or a corporation, the principal or last known address of the body, group or corporation. If no known address (4) If a party has no known address at the time of service, the document may be served by depositing it at the office of the Registry where the proceeding was commenced. SOR/2015-21, s. 15 SOR/2021-150, s. 3 SOR/2021-246, s. 7
Federal Courts Rules — 140
Service by fax 140 (1) The recipient’s consent is required before any of the following documents may be served by fax: (a) a motion record, application record, trial record, appeal book or book of authorities; and (b) any other document that is longer than 20 pages. Fax cover page (2) A document that is served by fax shall include a cover page that sets out the following information: (a) the name, address and telephone number of the sender; (b) the name of the person on whom the document is being served; (c) the date and time of the transmission; (d) the total number of pages being transmitted, including the cover page; (e) a fax number at which the sender may receive documents; and (f) the name and telephone number of the person that is to be contacted in the event of a transmission problem. SOR/2015-21, s. 15
Federal Courts Rules — 141
Consent to electronic service 141 (1) A party consents to the electronic service of documents by serving and filing a notice of consent in Form 141A. When consent is effective (2) The consent is effective on the day on which the notice is served. Withdrawal of consent (3) A party withdraws their consent by serving and filing a notice of withdrawal of consent in Form 141B. When withdrawal is effective (4) The withdrawal of consent is effective on the day on which the notice is served. Prohibition (5) A party shall not serve a document by electronic service prior to being served with the recipient’s notice of consent or after the withdrawal of that consent. SOR/2015-21, s. 15
Federal Courts Rules — 142
When service may be effected 142 Service of a document under these Rules may be effected at any time. SOR/2015-21, s. 15
Federal Courts Rules — 143
Effective date — evening or holiday service 143 (1) Service of a document, other than an originating document or a warrant, on a holiday or after 5:00 p.m. at the recipient’s local time is effective on the next day that is not a holiday. Effective date — ordinary mail (2) Service of a document by ordinary mail is effective on the 10th day after the day on which it is mailed. Effective date — registered mail or courier (3) Service of a document by registered mail or courier is effective on the day of delivery that is indicated on the post office or courier delivery receipt, as the case may be. SOR/2015-21, s. 15
Federal Courts Rules — 144
Filing before service effective 144 A document that is served by ordinary mail may be filed before the day on which its service is effective. SOR/2015-21, s. 15
Federal Courts Rules — 145
When no further service required 145 Subject to subsection 207(2) or unless the Court orders otherwise, a party who has been served with an originating document is not required to be served with any further documents in the proceeding prior to final judgment if (a) the party has not filed a notice of appearance or a defence within the time set out in these Rules; or (b) the party has no address for service and has not served and filed a notice of consent to electronic service in Form 141A. SOR/2015-21, s. 15
Federal Courts Rules — 146
Proof of service 146 (1) Service of a document is proven by (a) an affidavit of service in Form 146A or, if the service is effected in the Province of Quebec, a certificate of service of a sheriff, bailiff or other authorized person in accordance with the Code of Civil Procedure of that Province; (b) if the document is not an originating document, a solicitor’s certificate of service in Form 146B; (c) if the service is effected by leaving a copy of the document at a solicitor‘s office, by an acknowledgement of service that is signed and dated by the solicitor or another person on behalf of the solicitor; or (d) if the service is effected under rule 134, an acceptance of service that is signed and dated by the party’s solicitor. Acknowledgement of service – signature (2) If an acknowledgement of service under paragraph (1)(c) is signed by a person on behalf of a solicitor, the person shall sign his or her own name. SOR/2015-21, s. 15
Federal Courts Rules — 147
Validating service 147 If a document has been served in a manner that is not authorized by these Rules or by an order of the Court, the Court may validate the service if it is satisfied that the document came to the notice of the person to be served or that it would have come to that person’s notice except for the person’s avoidance of service. SOR/2015-21, s. 15
Federal Courts Rules — 148
Where document does not reach person served 148 On the motion of a party who did not have notice of a served document or did not obtain notice of it at the time of service, the Court may set aside the consequences of default or grant an extension of time or an adjournment, notwithstanding that the party was served with the document in accordance with these Rules.
Federal Courts Rules — 148.1
Service — limited-scope representation 148.1 If a party is represented by a solicitor who is providing limited-scope representation and who has agreed to accept the service of documents relating to their mandate, all documents relating to the mandate shall be served on the solicitor. All other documents shall be served on the party. SOR/2021-246, s. 8
Federal Courts Rules — 149
Payments into court 149 (1) A person who pays money into court shall deliver to the Registry (a) a certified cheque or other bill of exchange drawn on a bank, trust company, credit union or caisse populaire or any other bill of exchange authorized by order of the Court, payable to the order of the Receiver General; and (b) three paper copies of a tender of payment into court in Form 149. Effective date of payment (2) Payment into court by a certified cheque or other bill of exchange that is paid on presentation for payment is effective on the day on which it was delivered to the Registry. Receipt for payment (3) When a certified cheque or other bill of exchange is paid, the Administrator shall endorse or acknowledge receipt on a copy of the tender of payment into court and return it to the person who made the payment. SOR/2013-18, s. 4; SOR/2015-21, s. 16
Federal Courts Rules — 150
Payment out of court 150 Where an order has been made by the Court for payment out of court of money that is in the Consolidated Revenue Fund, a requisition shall be made by the Administrator to the Receiver General for an instrument for the amount to be paid out.
Federal Courts Rules — 150.1
Criminal proceeding under Competition Act 150.1 Unless the Court orders otherwise, all documents that have been submitted for filing, filed or added to the annex to the Court file in relation to a criminal proceeding instituted under the Competition Act shall be treated as confidential before the trial of that proceeding. SOR/2021-150, s. 4
Federal Courts Rules — 151
Motion for order of confidentiality 151 (1) On motion, the Court may order that material to be filed shall be treated as confidential. Demonstrated need for confidentiality (2) Before making an order under subsection (1), the Court must be satisfied that the material should be treated as confidential, notwithstanding the public interest in open and accessible court proceedings.
Federal Courts Rules — 152
Marking of confidential material 152 (1) Where the material is required by law to be treated confidentially or where the Court orders that material be treated confidentially, a party who files the material shall separate and clearly mark it as confidential, identifying the legislative provision or the Court order under which it is required to be treated as confidential. Access to confidential material (2) Unless otherwise ordered by the Court, (a) only a solicitor of record, or a solicitor assisting in the proceeding, who is not a party is entitled to have access to confidential material; (b) confidential material shall be given to a solicitor of record for a party only if the solicitor gives a written undertaking to the Court that he or she will (i) not disclose its content except to solicitors assisting in the proceeding or to the Court in the course of argument, (ii) not permit it to be reproduced in whole or in part, and (iii) destroy the material and any notes on its content and file a certificate of their destruction or deliver the material and notes as ordered by the Court, when the material and notes are no longer required for the proceeding or the solicitor ceases to be solicitor of record; (c) only one copy of any confidential material shall be given to the solicitor of record for each party; and (d) no confidential material or any information derived therefrom shall be disclosed to the public. Order to continue (3) An order made under subsection (1) continues in effect until the Court orders otherwise, including for the duration of any appeal of the proceeding and after final judgment.
Federal Courts Rules — 153
Order for reference 153 (1) The Court may, for the purpose of making an inquiry and report, refer any question of fact in a proceeding to a judge or other person designated by the Chief Justice of the court before which the proceeding is pending. Directions on reference (2) Notwithstanding rules 155 to 160, the Court may at any time give directions regarding the conduct of a reference. SOR/2004-283, s. 14
Federal Courts Rules — 154
Stay of related proceedings 154 Where a reference is made under rule 153, on motion, the Court may stay any proceeding related to the reference, including a proceeding that has previously been stayed, for a period of not more than six months.
Federal Courts Rules — 155
Requisition to fix time and place of reference 155 (1) On a reference made under rule 153, the referee shall, on the requisition of a party, fix a time and place for the hearing of the reference. Documents to be provided to referee (2) A party who makes a requisition under subsection (1) shall provide the referee with a statement of the issues and copies of the pleadings and order of reference.
Federal Courts Rules — 156
Conduct of reference 156 Unless the Court orders otherwise, a referee shall adopt the simplest, least expensive and most expeditious manner of conducting the reference.
Federal Courts Rules — 157
Order for examination or production 157 A referee may order that parties be examined for discovery and order the production for inspection and copying by a party of any document or other material relevant to a matter in issue, at the time and place and in the manner set out in the order.
Federal Courts Rules — 158
Attendance of witnesses 158 (1) The attendance of witnesses to give evidence at a reference shall be enforced by subpoena . Recording of evidence on reference (2) The testimony of a witness at a reference shall be recorded.
Federal Courts Rules — 159
Powers of referee 159 (1) Subject to subsection (2), a referee shall have the same power and authority in matters of practice and procedure as would a judge of the Court presiding at the trial of an action. Limitation (2) A referee shall not commit a person to prison or enforce an order for attachment.
Federal Courts Rules — 160
Referral of question to Court 160 (1) A referee may, before the conclusion of a reference or by a report on the reference, submit any question for determination by the Court. Response to referral (2) On receipt of a submission under subsection (1), the Court may (a) require any explanations or reasons from the referee; or (b) remit the matter, or any part thereof, for further inquiry to the same or another referee.
Federal Courts Rules — 161
Referee’s report 161 (1) The report of a referee shall include the findings of the referee in the same form as an order of the Court. Filing of report (2) The report of a referee, the record of any evidence taken at the hearing of the reference and any exhibits or other documents provided to the referee shall be filed as soon as possible after the report is signed. Notice of report (3) On the filing of a referee’s report, the Administrator shall send without delay a copy of it to all parties (a) by registered mail; (b) by electronic means, including facsimile and electronic mail; or (c) by any other means, as directed by the Chief Justice, likely to bring the report to the attention of the party. Proof of receipt (4) If a report is transmitted by electronic means, the Administrator shall confirm receipt by the party and place proof of that receipt on the Court file. SOR/2010-177, s. 2
Federal Courts Rules — 162
Report of referee who is a judge 162 The report of a referee who is a judge is final and becomes a judgment of the Court when it is filed.