GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Act — F-7 12
Associate judges 12 (1) The 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 judges (2) The Governor in Council may, by regulation, fix the number of associate judges that may be appointed under subsection (1). Supernumerary associate judges (2.1) For 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 duties (3) The powers, duties and functions of the associate judges shall be determined by the Rules. Salary, allowances and annuities (4) Each associate judge shall be paid a salary, and the allowances and annuities, provided for under the Judges Act . Workload — supernumerary associate judges (5) The 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 liability (6) An associate judge shall have the same immunity from liability as a judge of the Federal Court. Term of office (7) An associate judge shall hold office during good behaviour but may be removed by the Governor in Council for cause. Cessation of office (8) An 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. 328 2022, c. 10, s. 366 2022, c. 10, s. 371
Federal Courts Act — F-7 13
Sheriff 13 (1) The Governor in Council may appoint a sheriff of the Federal Court of Appeal and of the Federal Court for any geographical area. Ex officio sheriffs (2) If 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 sheriff (3) The Rules may provide for the appointment of deputy sheriffs. Sheriffs are marshals (4) Every 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
Federal Courts Act — F-7 14
Designation 14 (1) The 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 Appeal (2) The 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, including (a) the making of an order fixing the time and place of a hearing, or adjourning a hearing; (b) arranging for the distribution of judicial business in the court; and (c) arranging from time to time for the establishment of any panels of judges of the court that are necessary. Duties — Federal Court (3) The 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, including (a) the making of an order fixing the time and place of a trial or hearing, or adjourning a trial or hearing; and (b) arranging for the distribution of judicial business in the court. Revocation of designation (4) A 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
Federal Courts Act — F-7 15
Sittings of the Federal Court 15 (1) Subject 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 Court (2) Subject 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 places (3) The 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
Federal Courts Act — F-7 16
Sittings of the Federal Court of Appeal 16 (1) Except as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the 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 Appeal (2) The 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 sittings (3) The 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 judgment (4) A 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 preside (5) The 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
Federal Courts Act — F-7 17
Relief against the Crown 17 (1) Except 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. Cases (2) Without restricting the generality of subsection (1), the Federal Court has concurrent original jurisdiction, except as otherwise provided, in all cases in which (a) the land, goods or money of any person is in the possession of the Crown; (b) the claim arises out of a contract entered into by or on behalf of the Crown; (c) there is a claim against the Crown for injurious affection; or (d) the claim is for damages under the Crown Liability and Proceedings Act . Crown and subject: consent to jurisdiction (3) The Federal Court has exclusive original jurisdiction to hear and determine the following matters: (a) 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; and (b) any question of law, fact or mixed law and fact that the Crown and any person have agreed in writing shall be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada. Conflicting claims against Crown (4) The 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 officer (5) The Federal Court has concurrent original jurisdiction (a) in proceedings of a civil nature in which the Crown or the Attorney General of Canada claims relief; and (b) in proceedings in which relief is sought against any person for anything done or omitted to be done in the performance of the duties of that person as an officer, servant or agent of the Crown. Federal Court has no jurisdiction (6) If 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
Federal Courts Act — F-7 18
Extraordinary remedies, federal tribunals 18 (1) Subject to section 28, the Federal Court has exclusive original jurisdiction (a) to issue an injunction, writ of certiorari , writ of prohibition, writ of mandamus or writ of quo warranto , or grant declaratory relief, against any federal board, commission or other tribunal; and (b) to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph (a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal. Extraordinary remedies, members of Canadian Forces (2) The 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 application (3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1. R.S., 1985, c. F-7, s. 18; 1990, c. 8, s. 4; 2002, c. 8, s. 26
Federal Courts Act — F-7 18.1
Application for judicial review 18.1 (1) An application for judicial review may be made by the Attorney General of Canada or by anyone directly affected by the matter in respect of which relief is sought. Time limitation (2) An application for judicial review in respect of a decision or 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 Court (3) On an application for judicial review, the Federal Court may (a) order a federal board, commission or other tribunal to do any act or thing it has unlawfully failed or refused to do or has unreasonably delayed in doing; or (b) declare invalid or unlawful, or quash, set aside or set aside and refer back for determination in accordance with such directions as it considers to be appropriate, prohibit or restrain, a decision, order, act or proceeding of a federal board, commission or other tribunal. Grounds of review (4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction; (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record; (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; (e) acted, or failed to act, by reason of fraud or perjured evidence; or (f) acted in any other way that was contrary to law. Defect in form or technical irregularity (5) If the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court may (a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and (b) in the case of a defect in form or a technical irregularity in a decision or 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
Federal Courts Act — F-7 18.2
Interim orders 18.2 On 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
Federal Courts Act — F-7 18.3
Reference by federal tribunal 18.3 (1) A federal board, commission or other tribunal may at any stage of its proceedings refer any question or issue of law, of jurisdiction or of practice and procedure to the Federal Court for hearing and determination. Reference by Attorney General of Canada (2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a 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. 28 2019, c. 15, s. 55
Federal Courts Act — F-7 18.4
Hearings in summary way 18.4 (1) Subject 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. Exception (2) The 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
Federal Courts Act — F-7 18.5
Exception to sections 18 and 18.1 18.5 Despite 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
Federal Courts Act — F-7 19
Intergovernmental disputes 19 If 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
Federal Courts Act — F-7 20
Industrial property, exclusive jurisdiction 20 (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise, (a) in all cases of conflicting applications for any patent of invention or for 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 ; and (b) in 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 jurisdiction (2) The 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
Federal Courts Act — F-7 22
 a ship for wages, money, property or other remuneration or benefits arising out of his or her employment; (p) any claim by a master, charterer or agent of a ship or shipowner in respect of disbursements, or by a shipper in respect of advances, made on account of a ship; (q) any claim in respect of general average contribution; (r) any claim arising out of or in connection with a contract of marine insurance; and (s) any claim for dock charges, harbour dues or canal tolls including, without restricting the generality of the foregoing, charges for the use of facilities supplied in connection therewith. Jurisdiction applicable (3) For greater certainty, the jurisdiction conferred on the Federal Court by this section applies (a) in relation to all ships, whether Canadian or not and wherever the residence or domicile of the owners may be; (b) in relation to all aircraft where the cause of action arises out of paragraphs (2)(j) to (l), whether those aircraft are Canadian or not and wherever the residence or domicile of the owners may be; (c) in relation to all claims, whether arising on the high seas, in Canadian waters or elsewhere and whether those waters are naturally navigable or artificially made so, including, without restricting the generality of the foregoing, in the case of salvage, claims in respect of cargo or wreck found on the shores of those waters; and (d) in relation to all mortgages or hypothecations of, or charges by way of security on, a ship, whether registered or not, or whether legal or equitable, and whether created under foreign law or not. R.S., 1985, c. F-7, s. 22; 1993, c. 34, s. 69(F); 1996, c. 31, s. 82; 2002, c. 8, s. 31
Federal Courts Act — F-7 23
Bills of exchange and promissory notes — aeronautics and interprovincial works and undertakings 23 Except to the extent that jurisdiction has been otherwise specially assigned, the 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: (a) bills of exchange and promissory notes, where the Crown is a party to the proceedings; (b) aeronautics; and (c) works and undertakings connecting a province with any other province or extending beyond the limits of a province. R.S., 1985, c. F-7, s. 23; 2002, c. 8, s. 32
Federal Courts Act — F-7 25
Extraprovincial jurisdiction 25 The 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
Federal Courts Act — F-7 26
General original jurisdiction 26 The 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
Federal Courts Act — F-7 36
Prejudgment interest — cause of action within province 36 (1) Except as otherwise provided in any other Act of Parliament, and subject to subsection (2), the laws relating to prejudgment interest in proceedings between subject and subject that are in force in a province apply to any proceedings in the 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 province (2) A 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, calculated (a) where the order is made on a liquidated claim, from the date or dates the cause of action or causes of action arose to the date of the order; or (b) where the order is made on an unliquidated claim, from the date the person entitled gave notice in writing of the claim to the person liable therefor to the date of the order. Interest on special damages (3) Where an order referred to in subsection (2) includes an amount for special damages, the interest shall be calculated under that subsection on the balance of special damages incurred as totalled at the end of each six month period following the notice in writing referred to in paragraph (2)(b) and at the date of the order. Exceptions (4) Interest shall not be awarded under subsection (2) (a) on exemplary or punitive damages; (b) on interest accruing under this section; (c) on an award of costs in the proceeding; (d) on that part of the order that represents pecuniary loss arising after the date of the order and that is identified by a finding of the Federal Court of Appeal or the Federal Court; (e) where the order is made on consent, except by consent of the debtor; or (f) where interest is payable by a right other than under this section. Judicial discretion (5) The 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. Application (6) This section applies in respect of the payment of money under judgment delivered on or after the day on which this section comes into force, but no interest shall be awarded for a period before that day. Canadian maritime law (7) This section does not apply in respect of any case in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law. R.S., 1985, c. F-7, s. 36; 1990, c. 8, s. 9; 2002, c. 8, s. 36
Federal Courts Act — F-7 37
Judgment interest — causes of action within province 37 (1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments of the 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 province (2) A 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