Rules of the Supreme Court of Canada

46 (1) A reference to the Court by the Governor in Council under section 53 of the Act shall be commenced by notice of reference in Form 46 to which shall be attached a copy of the order in council authorizing the reference.

(1.1) An electronic version of the notice of reference and the order in council authorizing the reference shall be filed with the Registrar.

(2) When a reference involves the giving of an opinion as to a case already disposed of by a court of appeal, the Court may, on its own initiative, require further evidence in respect of any question that the Court considers relevant.

(3) Further evidence under subrule (2) shall be taken as authorized by the Act and in the manner directed by the Court.

(4) The Governor in Council shall bring a motion to the Chief Justice or a judge to direct the Registrar to enter a reference on a list of cases to be heard by the Court and to determine any procedural issues.

(5) Within one week after the filing of the notice of reference, the Governor in Council shall serve a copy of the printed and electronic version of the notice of reference and the order in council referred to in subrule (1) on the attorney general of each province and on the minister of Justice of each territory.

(6) Within four weeks after being served with the notice of reference, an attorney general of a province, or a minister of Justice of a territory, with any special interest in the reference shall

• (a) serve on the Governor in Council, and any counsel requested to argue a case under subsection 53(7) of the Act, a notice of intervention in Form 33C; and

• (b) file with the Registrar the original and two copies of the notice of intervention.

(7) Within 12 weeks after the filing of the notice of reference, the Governor in Council shall

• (a) serve on the attorney general of any province or on the minister of Justice of any territory, having served a notice of intervention under paragraph (6)(a), and any counsel requested to argue a case under subsection 53(7) of the Act, a printed and an electronic version of the Governor in Council’s factum, record and book of authorities;

• (b) file with the Registrar

  • (i) the electronic version of the factum, record and book of authorities,

  • (ii) the original version of the factum and 23 copies of its printed version, and

  • (iii) 11 copies of the printed version of the record and book of authorities.

(8) Any counsel requested to argue a case under subsection 53(7) of the Act shall, within eight weeks after the request or within eight weeks after the filing of the Governor in Council’s factum, whichever is later,

• (a) serve electronic and printed versions of the counsel’s factum, record and book of authorities on the Governor in Council;

• (b) file with the Registrar

  • (i) the electronic version of the factum, record and book of authorities,

  • (ii) the original version of the factum and 23 copies of its printed version, and

  • (iii) 11 copies of the printed version of the record and book of authorities.

(9) An attorney general of a province or a minister of Justice of a territory filing a notice of intervention under subrule (6) shall, within 20 weeks after filing the notice,

• (a) serve on the Governor in Council and any counsel requested to argue a case under subsection 53(7) of the Act a copy of the attorney general’s factum, or the minister’s factum, and book of authorities;

• (b) file with the Registrar

  • (i) the electronic version of the factum, record and book of authorities,

  • (ii) the original version of the factum and 23 copies of its printed version, and

  • (iii) 11 copies of the printed version of the record and book of authorities.

(10) Within four weeks after the filing of the factum of the Governor in Council, any person interested in intervening in the reference may make a motion for intervention to a judge in accordance with Rules 47 and 57 by

• (a) serving on each of the Governor in Council, and any counsel requested by the Court under subsection 53(7) of the Act, a copy of the person’s motion; and

• (b) filing with the Registrar the original and two copies of the motion.

(11) The motion for intervention shall be dealt with in accordance with Rules 58 and 59, and the service and filing of the intervener’s documents shall be in accordance with Rule 37.

(12) A redacted electronic version of any factum in a reference shall be filed, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).