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

Act current to 2016-11-21 and last amended on 2015-06-23. Previous Versions

 [Repealed, 1990, c. 8, s. 15]

Marginal note:How proceeding against Crown instituted
  •  (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.

  • Marginal note: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.
Marginal note:No juries

 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.
Marginal note:Stay of proceedings authorized
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Stay of proceedings
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Reasons for judgment to be filed

 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.

Judgments of Federal Court of Appeal

Marginal note:Powers of Federal Court of Appeal

 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.

Evidence

Marginal note:Taking of evidence
  •  (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.

  • Marginal note: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.
Marginal note:Who may administer oath, affidavit or affirmation
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Process

Marginal note:Application of process
  •  (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.

  • Marginal note: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.

  • Marginal note:No attachment for non-payment only

    (3) No attachment as for contempt shall issue for the non-payment of money alone.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
 
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