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

Marginal note:No punitive damages

19 No award for punitive damages shall be made under section 17 or 18 where punitive damages have been ordered to be paid to the person claiming those damages pursuant to subsection 194(1) of the Criminal Code.

Marginal note:Indemnity

20 Where a judgment has been given against the Crown by reason of its liability under section 17 or 18, the servant in respect of whose conduct the Crown has been found liable is accountable to the Crown for the amount of the judgment and the Crown may recover that amount from that servant.

Environmental and Labour Cooperation Treaties

Marginal note:Definitions

20.1 In this section and sections 20.2 to 20.4,

appropriate Commission

appropriate Commission[Repealed, 2009, c. 16, s. 25]

appropriate party

appropriate party, in respect of a panel determination, means

• (a) the Commission for Environmental Cooperation established under Article 8 of the North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 48 of that Agreement,

• (b) the Canada–Chile Commission for Environmental Cooperation established under Article 8 of the Agreement on Environmental Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement,

• (c) the Commission for Labor Cooperation established under Article 8 of the North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 52 of that Agreement,

• (d) the Canada–Chile Commission for Labour Cooperation established under Article 8 of the Agreement on Labour Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement, or

• (e) any other party to whom Canada is required to pay a monetary assessment as a result of a panel determination; (partie compétente)

Canada-Chile Environmental Cooperation Agreement

Canada-Chile Environmental Cooperation Agreement[Repealed, 2009, c. 16, s. 25]

Canada-Chile Labour Cooperation Agreement

Canada-Chile Labour Cooperation Agreement[Repealed, 2009, c. 16, s. 25]

Environmental Cooperation Agreement

Environmental Cooperation Agreement[Repealed, 2009, c. 16, s. 25]

environmental cooperation treaty

environmental cooperation treaty means any treaty respecting environmental cooperation referred to in Part 1 of the schedule; (traité sur l’environnement)

Labor Cooperation Agreement

Labor Cooperation Agreement[Repealed, 2009, c. 16, s. 25]

labour cooperation treaty

labour cooperation treaty means a treaty, or chapter of a treaty, respecting labour cooperation referred to in Part 2 of the schedule;  (traité sur le travail)

panel

panel means an arbitral panel or a review panel convened under an environmental cooperation treaty or a labour cooperation treaty; (groupe spécial)

panel determination

panel determination means a panel determination as defined in an environmental cooperation treaty or a labour cooperation treaty or, if that expression is not defined, a determination made by a panel under one of those treaties regarding the amount of a monetary assessment that Canada is required to pay.  (décision d’un groupe spécial)

Marginal note:Panel determination may be made an order of the Federal Court

• 20.2 (1) A panel determination that is addressed to the Crown may, for the purpose of its enforcement only, be made an order of the Federal Court.

• Marginal note:Procedure

  (2) To make a panel determination an order of the Federal Court, the appropriate party shall file a certified copy of the determination in the Registry of that Court and, on filing, the determination becomes an order of that Court.

Marginal note:Enforcement proceedings

• 20.3 (1) Subject to subsections (2) to (5), a panel determination that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.

• Marginal note:Limitation

  (2) Proceedings for enforcement of a panel determination that is made an order of the Federal Court may be taken against the Crown only in that Court and only by the appropriate party.

• Marginal note:Hearings in summary way

  (3) Any proceedings referred to in subsection (2) shall be heard and determined in a summary way.

• Marginal note:Reference to panel

  (4) If any question of fact or interpretation of a panel determination arises in any proceedings referred to in subsection (2), the Federal Court shall refer the question to the panel that made the determination, and the decision of the panel on the question is binding on that Court.

• Marginal note:No interventions

  (5) No person or body may intervene in any proceedings referred to in subsection (2).

Marginal note:Determinations, orders and decisions are final

• 20.4 (1) Panel determinations, including panel determinations that are made orders of the Federal Court, and orders and decisions made by the Federal Court in any proceedings referred to in subsection 20.3(2) are final and binding and are not subject to appeal to any court.

• Marginal note:Limitation on proceedings

  (2) Subject to section 20.3, no panel determination, including a panel determination that is made an order of the Federal Court, no determination or proceedings of a panel made or carried on or purporting to be made or carried on under any environmental cooperation treaty or labour cooperation treaty, no order or decision made by the Federal Court in any proceedings referred to in subsection 20.3(2) and no proceedings of that Court made or carried on or purporting to be made or carried on under that subsection shall be

  • (a) questioned, reviewed, set aside, removed, prohibited or restrained, or

  • (b) made the subject of any proceedings in, or any process or order of, any court, whether by way of or in nature of injunction, certiorari, prohibition, quo warranto, declaration or otherwise,

  on any ground, including the ground that the determination, proceedings, order or decision is beyond the jurisdiction of the panel or the Federal Court, as the case may be, or that, in the course of any proceedings, the panel or the Federal Court for any reason exceeded or lost its jurisdiction.

PART IIProceedings

Jurisdiction

Marginal note:Concurrent jurisdiction of provincial court

• 21 (1) In all cases where a claim is made against the Crown, except where the Federal Court has exclusive jurisdiction with respect to it, the superior court of the province in which the claim arises has concurrent jurisdiction with respect to the subject-matter of the claim.

• Marginal note:Where proceedings pending in Federal Court

  (2) No court in a province has jurisdiction to entertain any proceedings taken by a person if proceedings taken by that person in the Federal Court in respect of the same cause of action, whether taken before or after the proceedings are taken in the court, are pending.

Marginal note:Declaration of rights

• 22 (1) Where in proceedings against the Crown any relief is sought that might, in proceedings between persons, be granted by way of injunction or specific performance, a court shall not, as against the Crown, grant an injunction or make an order for specific performance, but in lieu thereof may make an order declaratory of the rights of the parties.

• Marginal note:Servants of Crown

  (2) A court shall not in any proceedings grant relief or make an order against a servant of the Crown that it is not competent to grant or make against the Crown.

Procedure

Marginal note:Taking of proceedings against Crown

• 23 (1) Proceedings against the Crown may be taken in the name of the Attorney General of Canada or, in the case of an agency of the Crown against which proceedings are by an Act of Parliament authorized to be taken in the name of the agency, in the name of that agency.

• Marginal note:Service of originating document

  (2) Where proceedings are taken against the Crown, the document originating the proceedings shall be served on the Crown by serving it on the Deputy Attorney General of Canada or the chief executive officer of the agency in whose name the proceedings are taken, as the case may be.

Marginal note:Defences

24 In any proceedings against the Crown, the Crown may raise

• (a) any defence that would be available if the proceedings were a suit or an action between persons in a competent court; and

• (b) any defence that would be available if the proceedings were by way of statement of claim in the Federal Court.

Marginal note:No judgment by default without leave

25 In any proceedings against the Crown, judgment shall not be entered against the Crown in default of appearance or pleading without leave of the court obtained on an application at least fourteen clear days notice of which has been given to the Deputy Attorney General of Canada.

Marginal note:No jury trials

26 In any proceedings against the Crown, trial shall be without a jury.

Marginal note:Rules of court

27 Except as otherwise provided by this Act or the regulations, the rules of practice and procedure of the court in which proceedings are taken apply in those proceedings.

Costs

Marginal note:Costs

• 28 (1) In any proceedings to which the Crown is a party, costs may be awarded to or against the Crown.

• Marginal note:Costs awarded to Crown

  (2) Costs awarded to the Crown shall not be disallowed or reduced on taxation by reason only that the solicitor or counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the Crown performing those services in the discharge of the officer’s duty and was remunerated therefor by a salary, or for that or any other reason was not entitled to recover any costs from the Crown in respect of the services so rendered.

• (3) [Repealed, 2012, c. 31, s. 305]

Execution of Judgment

Marginal note:No execution against Crown

29 No execution shall issue on a judgment against the Crown.

Marginal note:Payment of judgment

• 30 (1) On receipt of a certificate of judgment against the Crown issued under the regulations or the Federal Courts Rules, the Minister of Finance shall authorize the payment out of the Consolidated Revenue Fund of any money awarded by the judgment to any person against the Crown.

• Marginal note:Crown costs to be paid to Receiver General

  (2) Any money or costs awarded to the Crown in any proceedings shall be paid to the Receiver General.

Interest

Marginal note:Prejudgment interest, cause of action within province

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

• Marginal note:Prejudgment interest, cause of action outside province

  (2) A person who is entitled to an order for the payment of money in respect of a cause of action against the Crown arising outside any province or in respect of causes of action against the Crown arising in more than one province is entitled to claim and have included in the order an award of interest thereon at such rate as the court considers reasonable in the circumstances, calculated

  • (a) where the order is made on a liquidated claim, from the date or dates the cause of action or causes of action arose to the date of the order; or

  • (b) where the order is made on an unliquidated claim, from the date the person entitled gave notice in writing of the claim to the Crown to the date of the order.

• Marginal note:Special damages and pre-trial pecuniary losses

  (3) When an order referred to in subsection (2) includes an amount for, in the Province of Quebec, pre-trial pecuniary loss or, in any other province, special damages, the interest shall be calculated under that subsection on the balance of the amount as totalled at the end of each six month period following the notice in writing referred to in paragraph (2)(b) and at the date of the order.

• Marginal note:Exceptions

  (4) Interest shall not be awarded under subsection (2)

  • (a) on exemplary or punitive damages;

  • (b) on interest accruing under this section;

  • (c) on an award of costs in the proceeding;

  • (d) on that part of the order that represents pecuniary loss arising after the date of the order and that is identified by a finding of the court;

  • (e) where the order is made on consent, except by consent of the Crown; or

  • (f) where interest is payable by a right other than under this section.

• Marginal note:Judicial discretion

  (5) A court may, where it considers it just to do so, having regard to changes in market interest rates, the conduct of the proceedings or any other relevant consideration, disallow interest or allow interest for a period other than that provided for in subsection (2) in respect of the whole or any part of the amount on which interest is payable under this section.

• Marginal note:Application

  (6) This section applies in respect of the payment of money under judgment delivered on or after the day on which this section comes into force, but no interest shall be awarded for a period before that day.

• Marginal note:Canadian maritime law

  (7) This section does not apply in respect of any case in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law within the meaning of the Federal Courts Act.