Federal Courts Act (R.S.C., 1985, c. F-7)

Act current to 2016-06-21 and last amended on 2015-06-23. Previous Versions

Federal Courts Act

R.S.C., 1985, c. F-7

An Act respecting the Federal Court of Appeal and the Federal Court

Short Title

Marginal note:Short title

 This Act may be cited as the Federal Courts Act.

  • R.S., 1985, c. F-7, s. 1;
  • 2002, c. 8, s. 14.

Interpretation

Marginal note:Definitions
  •  (1) In this Act,

    action for collision

    action pour collision

    action for collision includes an action for damage caused by one or more ships to another ship or ships or to property or persons on board another ship or ships as a result of carrying out or omitting to carry out a manoeuvre, or as a result of non-compliance with law, even though there has been no actual collision; (action pour collision)

    Associate Chief Justice

    Associate Chief Justice[Repealed, 2002, c. 8, s. 15]

    Canadian maritime law

    droit maritime canadien

    Canadian maritime law means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty Act, chapter A-1 of the Revised Statutes of Canada, 1970, or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this Act or any other Act of Parliament; (droit maritime canadien)

    Chief Justice

    Chief Justice[Repealed, 2002, c. 8, s. 15]

    Court

    Court[Repealed, 2002, c. 8, s. 15]

    Court of Appeal

    Court of Appeal[Repealed, 2002, c. 8, s. 15]

    Crown

    Couronne

    Crown means Her Majesty in right of Canada; (Couronne)

    federal board, commission or other tribunal

    office fédéral

    federal board, commission or other tribunal means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prerogative of the Crown, other than the Tax Court of Canada or any of its judges, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96 of the Constitution Act, 1867 ; (office fédéral)

    Federal Court of Appeal

    Federal Court of Appeal[Repealed, 2002, c. 8, s. 15]

    final judgment

    jugement définitif

    final judgment means any judgment or other decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding; (jugement définitif)

    judge

    judge[Repealed, 2002, c. 8, s. 15]

    practice and procedure

    pratique et procédure

    practice and procedure includes evidence relating to matters of practice and procedure; (pratique et procédure)

    property

    biens

    property means property of any kind, whether real or personal or corporeal or incorporeal, and, without restricting the generality of the foregoing, includes a right of any kind, a share or a chose in action; (biens)

    Registry

    greffe

    Registry means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act; (greffe)

    relief

    réparation

    relief includes every species of relief, whether by way of damages, payment of money, injunction, declaration, restitution of an incorporeal right, return of land or chattels or otherwise; (réparation)

    Rules

    règles

    Rules means provisions of law and rules and orders made under section 46; (règles)

    ship

    navire

    ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes

    • (a) a ship in the process of construction from the time that it is capable of floating, and

    • (b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. (navire)

    Supreme Court

    Supreme Court[Repealed, 1990, c. 8, s. 1]

    Trial Division

    Trial Division[Repealed, 2002, c. 8, s. 15]

  • Marginal note:Senate and House of Commons

    (2) For greater certainty, the expression federal board, commission or other tribunal, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer, the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act or the Parliamentary Protective Service.

  • R.S., 1985, c. F-7, s. 2;
  • 1990, c. 8, s. 1;
  • 2001, c. 6, s. 115;
  • 2002, c. 8, s. 15;
  • 2004, c. 7, ss. 7, 38;
  • 2006, c. 9, ss. 5, 38;
  • 2015, c. 36, s. 124.

The Courts

Marginal note:Federal Court — Appeal Division continued

 The division of the Federal Court of Canada called the Federal Court — Appeal Division is continued under the name “Federal Court of Appeal” in English and “Cour d’appel fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.

  • R.S., 1985, c. F-7, s. 3;
  • 1993, c. 34, s. 68(F);
  • 2002, c. 8, s. 16.
Marginal note:Federal Court — Trial Division continued

 The division of the Federal Court of Canada called the Federal Court — Trial Division is continued under the name “Federal Court” in English and “Cour fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.

  • R.S., 1985, c. F-7, s. 4;
  • 2002, c. 8, s. 16.

The Judges

Marginal note:Constitution of Federal Court of Appeal
  •  (1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 12 other judges.

  • Marginal note:Supernumerary judges

    (2) For each office of judge of the Federal Court of Appeal, there is an additional office of supernumerary judge that a judge of the Federal Court of Appeal may elect under the Judges Act to hold.

  • Marginal note:Additional office of judge

    (3) For the office of Chief Justice of the Federal Court of Appeal, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold.

  • Marginal note:Judges of Federal Court

    (4) Every judge of the Federal Court is, by virtue of his or her office, a judge of the Federal Court of Appeal and has all the jurisdiction, power and authority of a judge of the Federal Court of Appeal.

  • R.S., 1985, c. F-7, s. 5;
  • R.S., 1985, c. 41 (1st Supp.), s. 11;
  • 1992, c. 49, s. 127;
  • 1996, c. 22, s. 1;
  • 2001, c. 41, ss. 95, 144;
  • 2002, c. 8, s. 16.
Marginal note:Constitution of Federal Court
  •  (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, and 36 other judges.

  • Marginal note:Supernumerary judges

    (2) For each office of judge of the Federal Court, there is an additional office of supernumerary judge that a judge of the Federal Court may elect under the Judges Act to hold.

  • Marginal note:Additional office of judge

    (3) For the office of Chief Justice of the Federal Court, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold.

  • Marginal note:Judges of Federal Court of Appeal

    (4) Every judge of the Federal Court of Appeal is, by virtue of that office, a judge of the Federal Court and has all the jurisdiction, power and authority of a judge of the Federal Court.

  • 2001, c. 41, s. 144;
  • 2002, c. 8, s. 16;
  • 2010, c. 8, s. 41.
 
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