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

Act current to 2013-04-29 and last amended on 2013-04-01. Previous Versions

PART II

PROCEEDINGS

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.

  • R.S., 1985, c. C-50, s. 21;
  • R.S., 1985, c. 40 (4th Supp.), s. 2;
  • 1990, c. 8, s. 28;
  • 2001, c. 4, s. 45.
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.

  • R.S., 1985, c. C-50, s. 22;
  • 1990, c. 8, s. 28;
  • 2001, c. 4, s. 46(F).

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.

  • R.S., 1985, c. C-50, s. 23;
  • 1990, c. 8, s. 29;
  • 2001, c. 4, s. 47(F).
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.

  • R.S., 1985, c. C-50, s. 24;
  • 1990, c. 8, s. 30;
  • 2001, c. 4, s. 48.