GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 304
Service of notice of application 304 (1) Unless the Court directs otherwise, within 10 days after the issuance of a notice of application, the applicant shall serve it on (a) all respondents; (b) in respect of an application for judicial review or an application appealing the order of a tribunal, (i) in respect of an application other than one relating to a decision of a visa officer, the tribunal in respect of which the application is brought, (ii) any other person who participated in the proceeding before the tribunal in respect of which the application is made, and (iii) the Attorney General of Canada; (c) where the application is made under the Access to Information Act , Part 1 of the Personal Information Protection and Electronic Documents Act , the Privacy Act or the Official Languages Act , the Commissioner named for the purposes of that Act; and (d) any other person required to be served under an Act of Parliament pursuant to which the application is brought. Motion for directions as to service (2) Where there is any uncertainty as to who are the appropriate persons to be served with a notice of application, the applicant may bring an ex parte motion for directions to the Court. Proof of service (3) Proof of service of a notice of application shall be filed within 10 days after service of the notice of application. SOR/2004-283, s. 16
Federal Courts Rules — 305
Notice of appearance 305 A respondent who intends to appear in respect of an application shall, within 10 days after being served with a notice of application, serve and file a notice of appearance in Form 305. SOR/2013-18, s. 7
Federal Courts Rules — 306
Applicant’s affidavits 306 Within 30 days after issuance of a notice of application, an applicant shall serve its supporting affidavits and documentary exhibits and file proof of service. The affidavits and exhibits are deemed to be filed when the proof of service is filed in the Registry. SOR/2007-301, s. 12(F); SOR/2010-177, s. 3
Federal Courts Rules — 307
Respondent’s affidavits 307 Within 30 days after service of the applicant’s affidavits, a respondent shall serve its supporting affidavits and documentary exhibits and shall file proof of service. The affidavits and exhibits are deemed to be filed when the proof of service is filed in the Registry. SOR/2007-301, s. 12(F); SOR/2010-177, s. 3
Federal Courts Rules — 308
Cross-examinations 308 Cross-examination on affidavits must be completed by all parties within 20 days after the filing of the respondent’s affidavits or the expiration of the time for doing so, whichever is earlier.
Federal Courts Rules — 309
Applicant’s record 309 (1) An applicant shall serve and file the applicant’s record within 20 days after the day on which the parties’ cross-examinations are completed or within 20 days after the day on which the time for those cross-examinations is expired, whichever day is earlier. Number of copies (1.1) The applicant shall file (a) if the application is brought in the Federal Court, an electronic copy of or, subject to rule 72.4, three paper copies of the record; and (b) if the application is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, five paper copies of the record. Contents of applicant’s record (2) An applicant’s record shall contain, on consecutively numbered pages and in the following order, (a) a table of contents giving the nature and date of each document in the record; (b) the notice of application; (c) any order in respect of which the application is made and any reasons, including dissenting reasons, given in respect of that order; (d) each supporting affidavit and documentary exhibit; (e) the transcript of any cross-examination on affidavits that the applicant has conducted; (e.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the applicant at the hearing; (f) the portions of any transcript of oral evidence before a tribunal that are to be used by the applicant at the hearing; (g) a description of any physical exhibits to be used by the applicant at the hearing; and (h) the applicant’s memorandum of fact and law. Retention of original affidavits (3) If an original affidavit is not filed as part of an applicant’s record, it shall be retained by the applicant for one year after the expiry of all appeal periods. SOR/2004-283, ss. 32, 33; SOR/2006-219, s. 10; SOR/2010-177, s. 4; SOR/2013-18, s. 8; SOR/2015-21, s. 18 SOR/2021-151, s. 10
Federal Courts Rules — 310
Respondent’s record 310 (1) A respondent to an application shall, within 20 days after service of the applicant’s record, serve and file the respondent’s record. Number of copies (1.1) The respondent shall file (a) if the application is brought in the Federal Court, an electronic copy of or, subject to rule 72.4, three paper copies of the record; and (b) if the application is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, five paper copies of the record. Contents of respondent’s record (2) The record of a respondent shall contain, on consecutively numbered pages and in the following order, (a) a table of contents giving the nature and date of each document in the record; (b) each supporting affidavit and documentary exhibit; (c) the transcript of any cross-examination on affidavits that the respondent has conducted; (c.1) any material that has been certified by a tribunal and transmitted under rule 318 that is to be used by the respondent at the hearing and that is not contained in the applicant’s record in accordance with paragraph 309(2)(e.1); (d) the portions of any transcript of oral evidence before a tribunal that are to be used by the respondent at the hearing; (e) a description of any physical exhibits to be used by the respondent at the hearing; and (f) the respondent’s memorandum of fact and law. Retention of original affidavits (3) If an original affidavit is not filed as part of a respondent’s record, it shall be retained by the respondent for one year after the expiry of all appeal periods. SOR/2004-283, ss. 32, 33; SOR/2010-177, s. 5; SOR/2013-18, s. 9; SOR/2015-21, s. 19 SOR/2021-150, s. 8 SOR/2021-151, s. 11
Federal Courts Rules — 311
Preparation by Registry 311 (1) On motion, the Court may order the Administrator to prepare a record on a party’s behalf. Documents to be provided (2) A party bringing a motion for an order under subsection (1) shall provide the Administrator with the documents referred to in subsection 309(2) or 310(2), as the case may be.
Federal Courts Rules — 312
Additional steps 312 With leave of the Court, a party may (a) file affidavits additional to those provided for in rules 306 and 307; (b) conduct cross-examinations on affidavits additional to those provided for in rule 308; or (c) file a supplementary record.
Federal Courts Rules — 313
Requirement to file additional material 313 Where the Court considers that the application records of the parties are incomplete, the Court may order that other material, including any portion of a transcript, be filed.
Federal Courts Rules — 314
Requisition for hearing 314 (1) An applicant shall, within 10 days after service of the respondent’s record or the expiration of the time for doing so, whichever is earlier, serve and file a requisition, in Form 314, requesting that a date be set for the hearing of the application. Contents of requisition (2) A requisition referred to in subsection (1) shall (a) include a statement that the requirements of subsection 309(1) have been satisfied and that any notice required under section 57 of the Act has been given; (b) set out the place at which the hearing should be held; (c) set out the maximum number of hours or days required for the hearing; (d) list any dates within the following 90 days on which the parties are not available for a hearing; (e) set out the name, address, telephone number and fax number of the solicitor for every party to the application or, where a party is not represented by a solicitor, the person’s name, address, telephone number and any fax number; and (f) indicate whether the hearing will be in English or French, or partly in English and partly in French, and whether the materials in the requisition for hearing file will be in English or French, or partly in English and partly in French. SOR/2021-151, s. 12
Federal Courts Rules — 315
Pre-hearing conference 315 The Court may order that a conference be held in accordance with rules 258 to 267, with such modifications as are necessary.
Federal Courts Rules — 316
Testimony regarding issue of fact 316 On motion, the Court may, in special circumstances, authorize a witness to testify in court in relation to an issue of fact raised in an application.
Federal Courts Rules — 316.1
Ex parte proceedings 316.1 Despite rules 304, 306, 309 and 314, for a proceeding referred to in paragraph 300(b) that is brought ex parte , (a) the notice of application, the applicant’s record, affidavits and documentary exhibits and the requisition for hearing are not required to be served; and (b) the applicant’s record and the requisition for hearing must be filed at the time the notice of application is filed. SOR/2013-18, s. 10
Federal Courts Rules — 316.2
Summary application under Income Tax Act or Excise Tax Act 316.2 (1) Except for rule 359, the procedures set out in Part 7 apply, with any modifications that are required, to a summary application brought under section 231.7 of the Income Tax Act or section 289.1 of the Excise Tax Act . Commencing the application (2) The application shall be commenced by a notice of summary application in Form 316.2. SOR/2013-18, s. 10 SOR/2021-151, s. 13
Federal Courts Rules — 317
Material from tribunal 317 (1) A party may request material relevant to an application that is in the possession of a tribunal whose order is the subject of the application and not in the possession of the party by serving on the tribunal and filing a written request, identifying the material requested. Request in notice of application (2) An applicant may include a request under subsection (1) in its notice of application. Service of request (3) If an applicant does not include a request under subsection (1) in its notice of application, the applicant shall serve the request on the other parties. SOR/2002-417, s. 19; SOR/2006-219, s. 11(F)
Federal Courts Rules — 318
Material to be transmitted 318 (1) Within 20 days after service of a request under rule 317, the tribunal shall transmit (a) a certified copy of the requested material to the Registry and to the party making the request; or (b) where the material cannot be reproduced, the original material to the Registry. Objection by tribunal (2) Where a tribunal or party objects to a request under rule 317, the tribunal or the party shall inform all parties and the Administrator, in writing, of the reasons for the objection. Directions as to procedure (3) The Court may give directions to the parties and to a tribunal as to the procedure for making submissions with respect to an objection under subsection (2). Order (4) The Court may, after hearing submissions with respect to an objection under subsection (2), order that a certified copy, or the original, of all or part of the material requested be forwarded to the Registry.
Federal Courts Rules — 319
Return of material 319 Unless the Court directs otherwise, after an application has been heard, the Administrator shall return to a tribunal any original material received from it under rule 318.
Federal Courts Rules — 320
Definition of reference 320 (1) In rules 321 to 323, reference means a reference to the Court made by a tribunal or by the Attorney General of Canada under section 18.3 of the Act. Procedures on applications apply (2) Subject to rules 321 to 323, rules 309 to 311 apply to references.
Federal Courts Rules — 321
Notice of application on reference 321 A notice of application in respect of a reference shall set out (a) the name of the court to which the application is addressed; (b) the name of the applicant; and (c) the question being referred. SOR/2004-283, s. 36
Federal Courts Rules — 322
Directions on reference 322 Where the Attorney General of Canada or a tribunal makes a reference, the Attorney General or tribunal shall bring an ex parte motion for directions as to (a) which persons shall be given notice of the reference; (b) the material that will constitute the case to be determined on the reference; (c) the preparation, filing and service of copies of the material; (d) the preparation, filing and service of memoranda of fact and law; (e) the procedure for the hearing of the reference; (f) the time and place for the hearing of the reference; and (g) the role, if any, of the tribunal in question.
Federal Courts Rules — 323
Notice of intention to become party 323 Any of the following persons may become a party to a reference by serving and filing a notice of intention to participate in Form 323: (a) the Attorney General of Canada; (b) the attorney general of a province, for the purpose of adducing evidence or making submissions to the Court under subsection 57(4) of the Act; and (c) a person who participated in the proceeding before the tribunal in respect of which the reference is made.
Federal Courts Rules — 324
Notice of application 324 (1) Subject to subsection (2), a request under the Commercial Arbitration Code , set out in Schedule 1 to the Commercial Arbitration Act , shall be brought by a notice of application. Exception (2) Where the subject matter of an arbitration to which a request under the Code relates is already the subject matter of a proceeding before the Court, the request may be brought as a motion in that proceeding. Affidavit (3) An affidavit in support of a notice of application under subsection (1) or a motion under subsection (2) shall be accompanied by a copy of the parties’ arbitration agreement and state (a) all material facts; (b) unless the request is brought pursuant to article 8(1) or 9 of the Code, that the arbitration to which the request relates is governed by Canadian law or has been, is being or will be held within the jurisdiction of the Court; and (c) where the request is brought pursuant to article 27 of the Code, the nature of the evidence to be obtained, the name and address of any person to be heard as a witness and the subject-matter of any testimony required from that person, and describe any document to be produced or property to be inspected. 2012, c. 26, s. 27
Federal Courts Rules — 325
Procedure of province to apply 325 (1) Unless the Court orders otherwise, where the Court makes a direction pursuant to subsection 3(3) or 5(3) of the Divorce Act , the rules made under section 25 of that Act for the province specified in the direction pursuant to subsection 23(2) of that Act shall apply to the conduct of the proceeding in the Court, with such modifications as the circumstances require. Motion for modification of rules (2) A party to a proceeding referred to in subsection (1) may at any time, by motion, request a modification to the rules referred to in that subsection.
Federal Courts Rules — 326
Definitions 326 The following definitions apply to rules 327 to 334. arbitral award means (a) an arbitral award to which subsection 5(2) of the Commercial Arbitration Act applies; or (b) a foreign arbitral award that may be recognized and enforced by a court in Canada in accordance with the United Nations Foreign Arbitral Awards Convention Act , or articles 35 and 36 of the Commercial Arbitration Code , set out in Schedule 1 to the Commercial Arbitration Act . ( sentence arbitrale ) arbitration agreement means an agreement in writing as defined in article II of the convention set out in the schedule to the United Nations Foreign Arbitral Awards Convention Act or an arbitration agreement as defined in Article 7 of the Commercial Arbitration Code , set out in Schedule 1 to the Commercial Arbitration Act . ( convention d’arbitrage ) creditor means the person in whose favour a foreign judgment is rendered or an arbitral award is made. ( créancier ) debtor means the person against whom a foreign judgment is rendered or an arbitral award is made. ( débiteur ) foreign judgment means a judgment that may be registered in a court in Canada in accordance with (a) sections 80 to 89 of the Marine Liability Act ; or (b) the Canada-United Kingdom Civil and Commercial Judgments Convention Act . ( jugement étranger ) SOR/2004-283, s. 39; 2012, c. 26, s. 27 SOR/2021-245, s. 3
Federal Courts Rules — (a)
arbitral award means (a) an arbitral award to which subsection 5(2) of the Commercial Arbitration Act applies; or (b) a foreign arbitral award that may be recognized and enforced by a court in Canada in accordance with the United Nations Foreign Arbitral Awards Convention Act , or articles 35 and 36 of the Commercial Arbitration Code , set out in Schedule 1 to the Commercial Arbitration Act . ( sentence arbitrale )
Federal Courts Rules — Federal Courts Rules
arbitration agreement means an agreement in writing as defined in article II of the convention set out in the schedule to the United Nations Foreign Arbitral Awards Convention Act or an arbitration agreement as defined in Article 7 of the Commercial Arbitration Code , set out in Schedule 1 to the Commercial Arbitration Act . ( convention d’arbitrage )
Federal Courts Rules — Federal Courts Rules
creditor means the person in whose favour a foreign judgment is rendered or an arbitral award is made. ( créancier )
Federal Courts Rules — Federal Courts Rules
debtor means the person against whom a foreign judgment is rendered or an arbitral award is made. ( débiteur )
Federal Courts Rules — (a)
foreign judgment means a judgment that may be registered in a court in Canada in accordance with (a) sections 80 to 89 of the Marine Liability Act ; or (b) the Canada-United Kingdom Civil and Commercial Judgments Convention Act . ( jugement étranger )
Federal Courts Rules — 327
Form of application 327 An application for registration of a foreign judgment shall be in Form 327A and an application for recognition and enforcement of an arbitral award shall be in Form 327B. SOR/2021-245, s. 4
Federal Courts Rules — 328
Ex parte application 328 (1) An application under rule 327 may be brought ex parte . Directions regarding service (2) On an ex parte application under subsection (1), the Court may direct that notice of the application be served on the debtor and may give any directions respecting the manner of service that it considers just. SOR/2021-245, s. 5
Federal Courts Rules — 329
Affidavit 329 (1) An affidavit filed in an application under rule 327 shall contain the following information: (a) a statement confirming that the foreign judgment or arbitral award was not fully satisfied as at the filing of the application; (b) a statement confirming that the debtor appeared in the original proceeding; (c) an address in Canada for service on the creditor; (d) the name and usual or last known address of the debtor; (e) a statement indicating whether interest has accrued on the amount payable under the foreign judgment or arbitral award in accordance with the law of the state of the originating court or arbitral tribunal and, if interest has accrued, the rate of interest, the day from which it is payable, the amount due at the time of the filing of the application and, if applicable, the day on which interest ceases to accrue; (f) if applicable, the rate of exchange into Canadian currency prevailing on the day on which the foreign judgment was rendered or the arbitral award was made, as ascertained from a chartered bank in Canada; (g) a statement confirming that, having made careful and full inquiries, the applicant knows of no impediment to registration of the foreign judgment or recognition and enforcement of the arbitral award; and (h) a statement confirming that the foreign judgment or arbitral award is executory, that no appeal or other form of judicial review is pending and that any time prescribed for the making of an appeal or application for judicial review has expired. Documents (2) The affidavit shall be accompanied by an exemplified or certified copy of the foreign judgment or arbitral award, any reasons — including dissenting reasons — and, in the case of an arbitral award, a copy of the arbitration agreement under which the award was made. Additional requirement (3) If the debtor did not appear in the original proceeding, the affidavit referred to in subsection (1) shall be accompanied by an affidavit attesting that the document instituting the original proceeding was served on the debtor. SOR/2006-219, s. 12 SOR/2021-245, s. 6
Federal Courts Rules — 330
Other evidence 330 The Court may accept evidence on an application under rule 327 other than affidavit evidence.
Federal Courts Rules — 331
Conversion to Canadian currency 331 Unless the Court orders otherwise, an amount payable under a foreign judgment or an arbitral award shall be converted into the equivalent amount in Canadian currency on the basis of the rate of exchange, ascertained from a chartered bank in Canada, that was prevailing on the day on which the judgment was rendered or the award was made. SOR/2021-245, s. 7
Federal Courts Rules — 332
Interest 332 (1) Any interest on the amount payable under a foreign judgment or an arbitral award that has accrued to the day on which the judgment is registered or the award is recognized shall be added to the amount payable under the judgment or award. Interest rate (2) Unless the Court orders otherwise, the amount payable under a foreign judgment that is registered or an arbitral award that is recognized as a result of an application under rule 327 bears interest from the day on which it is registered or recognized at the rate set out in section 3 of the Interest Act . SOR/2021-245, s. 7
Federal Courts Rules — 333
Service and translation of order 333 Unless the Court orders otherwise, a creditor who obtains an order for registration of a foreign judgment or recognition and enforcement of an arbitral award shall personally serve on the debtor the order, together with a translation of the order in the language of the judgment or award, and an affidavit attesting to the accuracy of the translation. SOR/2021-245, s. 7
Federal Courts Rules — 334
Action prior to enforcement or execution 334 Unless the Court orders otherwise, a foreign judgment that is registered or an arbitral award that is recognized as a result of an application under rule 327 shall not be executed or enforced until proof of service of the order for registration or recognition has been filed. SOR/2021-245, s. 7
Federal Courts Rules — 334.1
Application 334.1 This Part applies to actions and applications other than applications for judicial review under section 28 of the Act. SOR/2007-301, s. 7
Federal Courts Rules — 334.11
Applicability of rules for actions and applications 334.11 Except to the extent that they are incompatible with the rules in this Part, the rules applicable to actions and applications, as the case may be, apply to class proceedings. SOR/2007-301, s. 7
Federal Courts Rules — 334.12
By class member 334.12 (1) Despite rule 302, a member of a class of persons may commence an action or an application on behalf of the members of that class, in which case the originating document shall be prefaced by the heading “Proposed Class Proceeding”. Motion for certification of proceeding (2) The member shall bring a motion for the certification of the proceeding as a class proceeding and for the appointment of the member as representative plaintiff or applicant. Who may be representative (3) The representative of a class shall be a person who may act as a plaintiff or an applicant under these Rules. Originating document in immigration matters (4) For the purposes of subsection (1), in the case of an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act , the originating document is the application for leave referred to in subsection 72(1) of that Act. SOR/2007-301, s. 7