Crown Liability and Proceedings Act (R.S.C., 1985, c. C-50)

Marginal note:Judgment interest, causes of action within province

• 31.1 (1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments against the Crown in respect of any cause of action arising in that province.

• Marginal note:Judgment interest, causes of action outside or in more than one province

  (2) A judgment against the Crown in respect of a cause of action outside any province or in respect of causes of action arising in more than one province shall bear interest at such rate as the Court considers reasonable in the circumstances, calculated from the time of the giving of the judgment.

Marginal note:Tenders

• 31.2 (1) The Crown may, in any proceeding, plead a tender without paying the money tendered into court.

• Marginal note:Written offer

  (2) Every tender of a sum of money on behalf of the Crown shall be deemed to be legally made if made by a written offer to pay the sum, given under the hand of a minister of the Crown, or a person acting for that minister in that behalf, and notified to the person having the claim to that sum.

Marginal note:Provincial laws applicable

32. Except as otherwise provided in this Act or in any other Act of Parliament, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings by or against the Crown in respect of any cause of action arising in that province, and proceedings by or against the Crown in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose.

Marginal note:Application of statutes to Crown

33. Except as otherwise expressly provided in this Act, nothing in this Act affects any rule of evidence or any presumption relating to the extent to which the Crown is bound by an Act of Parliament.

Marginal note:Regulations

34. The Governor in Council may make regulations

• (a) prescribing rules of practice and procedure in respect of proceedings by, against or involving the Crown, including tariffs of fees and costs;

• (b) prescribing forms for the purposes of proceedings referred to in paragraph (a);

• (c) respecting the issue of certificates of judgments against the Crown;

• (d) making applicable to any proceedings by, against or involving the Crown all or any of the rules of evidence applicable in similar proceedings between subject and subject; and

• (e) generally respecting proceedings by, against or involving the Crown.