Federal Courts Rules (SOR/98-106)

Marginal note:Material from tribunal

• 317. (1) A party may request material relevant to an application that is in the possession of a tribunal whose order is the subject of the application and not in the possession of the party by serving on the tribunal and filing a written request, identifying the material requested.

• Marginal note:Request in notice of application

  (2) An applicant may include a request under subsection (1) in its notice of application.

• Marginal note:Service of request

  (3) If an applicant does not include a request under subsection (1) in its notice of application, the applicant shall serve the request on the other parties.

Marginal note:Material to be transmitted

• 318. (1) Within 20 days after service of a request under rule 317, the tribunal shall transmit

  • (a) a certified copy of the requested material to the Registry and to the party making the request; or

  • (b) where the material cannot be reproduced, the original material to the Registry.

• Marginal note:Objection by tribunal

  (2) Where a tribunal or party objects to a request under rule 317, the tribunal or the party shall inform all parties and the Administrator, in writing, of the reasons for the objection.

• Marginal note:Directions as to procedure

  (3) The Court may give directions to the parties and to a tribunal as to the procedure for making submissions with respect to an objection under subsection (2).

• Marginal note:Order

  (4) The Court may, after hearing submissions with respect to an objection under subsection (2), order that a certified copy, or the original, of all or part of the material requested be forwarded to the Registry.

Marginal note:Return of material

319. Unless the Court directs otherwise, after an application has been heard, the Administrator shall return to a tribunal any original material received from it under rule 318.

Definition of “reference”

• 320. (1) In rules 321 to 323, “reference” means a reference to the Court made by a tribunal or by the Attorney General of Canada under section 18.3 of the Act.

• Marginal note:Procedures on applications apply

  (2) Subject to rules 321 to 323, rules 309 to 311 apply to references.

Marginal note:Notice of application on reference

321. A notice of application in respect of a reference shall set out

• (a) the name of the court to which the application is addressed;

• (b) the name of the applicant; and

• (c) the question being referred.