Rules of the Supreme Court of Canada (SOR/2002-156)

58. At the end of the applicable time referred to in Rule 51, the Registrar shall submit to a judge all motions for intervention that have been made within the time required by Rule 56.

• 59. (1) In an order granting an intervention, the judge may

  • (a) make provisions as to additional disbursements incurred by the appellant or respondent as a result of the intervention; and

  • (b) impose any terms and conditions and grant any rights and privileges that the judge may determine, including whether the intervener is entitled to adduce further evidence or otherwise to supplement the record.

• (2) In an order granting an intervention or after the time for filing and serving all of the memoranda of argument on an application for leave to appeal or the facta on an appeal or reference has expired, a judge may, in their discretion, authorize the intervener to present oral argument at the hearing of the application for leave to appeal, if any, the appeal or the reference, and determine the time to be allotted for oral argument.

• (3) An intervener is not permitted to raise new issues unless otherwise ordered by a judge.

• 60. (1) Within 30 days after leave to appeal has been granted or after the filing of a notice of appeal in an appeal for which leave is not required, an appellant, respondent or attorney general shall make a motion to the Chief Justice or a judge to have a constitutional question stated if that appellant, respondent or attorney general intends to raise a question of

  • (a) the constitutional validity or the constitutional applicability of a law of Canada or of a province or of regulations made under them,

  • (b) the inoperability of a law of Canada or of a province or of regulations made under them, or

  • (c) the constitutional validity or the constitutional applicability of a common law rule.

• (2) The time referred to in subrule (1) may be extended by a judge, on motion.

• 61. (1) In an order stating a constitutional question, the Chief Justice or judge may make provisions as to additional disbursements incurred by the appellant or respondent as a result of any intervention by an attorney general.

• (2) Within one week after receipt of the order referred to in subrule (1), the party who made the motion shall serve on the attorneys general a copy of the order and notice of constitutional question in Form 61A, together with a copy of the reasons for judgment appealed from.

• (3) [Repealed, SOR/2006-203, s. 32]

• (4) Within four weeks of the service of a notice of constitutional question, an attorney general who intends to participate in the appeal, whether or not the attorney general intends to present oral argument, shall serve on all other parties and file with the Registrar a notice of intervention in Form 61B without being required to obtain leave to intervene.

• (5) [Repealed, SOR/2011-74, s. 29]