Federal Courts Act (R.S.C., 1985, c. F-7)

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

Marginal note:Mandamus, injunction, specific performance or appointment of receiver

 In addition to any other relief that the Federal Court of Appeal or the Federal Court may grant or award, a mandamus, an injunction or an order for specific performance may be granted or a receiver appointed by that court in all cases in which it appears to the court to be just or convenient to do so. The order may be made either unconditionally or on any terms and conditions that the court considers just.

  • R.S., 1985, c. F-7, s. 44;
  • 2002, c. 8, s. 41.

PROCEDURE

Marginal note:Giving of judgment after judge ceases to hold office
  •  (1) A judge of the Federal Court of Appeal or the Federal Court who resigns or is appointed to another court or otherwise ceases to hold office may, at the request of the Chief Justice of that court, at any time within eight weeks after that event, give judgment in any cause, action or matter previously tried by or heard before the judge as if he or she had continued in office.

  • Marginal note:Taking part in giving of judgment after judge of Federal Court of Appeal ceases to hold office

    (2) If a judge of the Federal Court of Appeal who resigns or is appointed to another court or otherwise ceases to hold office has heard a cause, an action or a matter in the Federal Court of Appeal jointly with other judges of that court, the judge may, at the request of the Chief Justice of the Federal Court of Appeal, at any time within eight weeks after the resignation, appointment or other ceasing to hold office, take part in the giving of judgment by that court as if he or she had continued in office.

  • Marginal note:If judge unable to take part in giving of judgment

    (3) If a person to whom subsection (2) applies or any other judge by whom a matter in the Federal Court of Appeal has been heard is unable to take part in the giving of judgment or has died, the remaining judges may give judgment and, for that purpose, are deemed to constitute the Federal Court of Appeal.

  • R.S., 1985, c. F-7, s. 45;
  • 2002, c. 8, s. 42.
Marginal note:Rules Committee
  •  (1) There shall be a rules committee composed of the following members:

    • (a) the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court;

    • (b) three judges designated by the Chief Justice of the Federal Court of Appeal, and five judges and one prothonotary designated by the Chief Justice of the Federal Court;

    • (b.1) the Chief Administrator of the Courts Administration Service;

    • (c) five members of the bar of any province designated by the Attorney General of Canada, after consultation with the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court; and

    • (d) the Attorney General of Canada or a representative thereof.

  • Marginal note:Representation

    (2) The persons referred to in paragraph (1)(c) should be representative of the different regions of Canada and have experience in fields of law in respect of which the Federal Court of Appeal and the Federal Court have jurisdiction.

  • Marginal note:Chief Justice shall preside

    (3) The Chief Justice of the Federal Court of Appeal or a member designated by the Chief Justice shall preside over the rules committee.

  • Marginal note:Term

    (4) The persons referred to in paragraphs (1)(b) and (c) shall be designated to serve for a period not exceeding three years.

  • Marginal note:Expenses

    (5) Each person referred to in paragraphs (1)(c) and (d) is entitled to be paid travel and living expenses incurred in carrying out duties as a member of the rules committee while absent from the person’s ordinary place of residence but those expenses shall not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada.

  • 1990, c. 8, s. 13;
  • 2002, c. 8, s. 43;
  • 2006, c. 11, s. 24.