Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
JURISDICTION OF FEDERAL COURT
Marginal note: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.
(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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
- Date modified: