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

Act current to 2014-09-29 and last amended on 2014-08-01. Previous Versions

PROCESS

Marginal note:Application of process
  •  (1) The process of the Federal Court of Appeal and of the Federal Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable.

  • Marginal note:Enforcement of order for payment of money

    (2) An order for payment of money, whether for costs or otherwise, may be enforced in the same manner as a judgment.

  • Marginal note:No attachment for non-payment only

    (3) No attachment as for contempt shall issue for the non-payment of money alone.

  • Marginal note:Sheriff to execute process

    (4) A sheriff or marshal shall execute the process of the Federal Court of Appeal or the Federal Court that is directed to the sheriff or marshal, whether or not it requires the sheriff or marshal to act outside their geographical jurisdiction, and shall perform all other duties expressly or impliedly assigned to the sheriff or marshal by the Rules.

  • Marginal note:Federal Court process if absence or incapacity of sheriff

    (5) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

  • Marginal note:Federal Court of Appeal process if absence or incapacity of sheriff

    (6) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court of Appeal shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

  • R.S., 1985, c. F-7, s. 55;
  • 1996, c. 31, s. 84;
  • 2002, c. 8, s. 52.
Marginal note:Analogy to provincial process
  •  (1) In addition to any writs of execution or other process that are prescribed by the Rules for enforcement of its judgments or orders, the Federal Court of Appeal or the Federal Court may issue process against the person or the property of any party, of the same tenor and effect as those that may be issued out of any of the superior courts of the province in which a judgment or an order is to be executed, and if, by the law of that province, an order of a judge is required for the issue of a process, a judge of that court may make a similar order with respect to like process to issue out of that court.

  • Marginal note:Process against person

    (2) No person shall be taken into custody under process of execution for debt issued out of the Federal Court of Appeal or the Federal Court.

  • Marginal note:Process against property

    (3) All writs of execution or other process against property, whether prescribed by the Rules or authorized by subsection (1), shall

    • (a) unless otherwise provided by the Rules, be executed, with respect to the property liable to execution and the mode of seizure and sale, as nearly as possible in the same manner as similar writs or process that are issued out of the superior courts of the province in which the property to be seized is situated are, by the law of that province, required to be executed; and

    • (b) bind property in the same manner as similar writs or process issued by the provincial superior courts, and the rights of purchasers under the writs or process are the same as those of purchasers under those similar writs or process.

  • Marginal note:Claim against property seized

    (4) Every claim made by a person to property seized under a writ of execution or other process issued out of the Federal Court of Appeal or the Federal Court, or to the proceeds of its sale, shall, unless otherwise provided by the Rules, be heard and disposed of as nearly as may be according to the procedure applicable to like claims to property seized under similar writs or process issued out of the courts of the provinces.

  • (5) [Repealed, 1990, c. 8, s. 18]

  • R.S., 1985, c. F-7, s. 56;
  • 1990, c. 8, s. 18;
  • 2002, c. 8, s. 53.