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

Act current to 2017-11-06 and last amended on 2017-09-21. Previous Versions

 [Repealed, 2014, c. 22, s. 41]

Marginal note:Navigation and shipping
  •  (1) The Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping, except to the extent that jurisdiction has been otherwise specially assigned.

  • Marginal note:Maritime jurisdiction

    (2) Without limiting the generality of subsection (1), for greater certainty, the Federal Court has jurisdiction with respect to all of the following:

    • (a) any claim with respect to title, possession or ownership of a ship or any part interest therein or with respect to the proceeds of sale of a ship or any part interest therein;

    • (b) any question arising between co-owners of a ship with respect to possession, employment or earnings of a ship;

    • (c) any claim in respect of a mortgage or hypothecation of, or charge on, a ship or any part interest therein or any charge in the nature of bottomry or respondentia for which a ship or part interest therein or cargo was made security;

    • (d) any claim for damage or for loss of life or personal injury caused by a ship either in collision or otherwise;

    • (e) any claim for damage sustained by, or for loss of, a ship including, without restricting the generality of the foregoing, damage to or loss of the cargo or equipment of, or any property in or on or being loaded on or off, a ship;

    • (f) any claim arising out of an agreement relating to the carriage of goods on a ship under a through bill of lading, or in respect of which a through bill of lading is intended to be issued, for loss or damage to goods occurring at any time or place during transit;

    • (g) any claim for loss of life or personal injury occurring in connection with the operation of a ship including, without restricting the generality of the foregoing, any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the master or crew thereof or of any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of the ship are responsible, being an act, neglect or default in the management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

    • (h) any claim for loss of or damage to goods carried in or on a ship including, without restricting the generality of the foregoing, loss of or damage to passengers’ baggage or personal effects;

    • (i) any claim arising out of any agreement relating to the carriage of goods in or on a ship or to the use or hire of a ship whether by charter party or otherwise;

    • (j) any claim for salvage including, without restricting the generality of the foregoing, claims for salvage of life, cargo, equipment or other property of, from or by an aircraft to the same extent and in the same manner as if the aircraft were a ship;

    • (k) any claim for towage in respect of a ship or of an aircraft while the aircraft is water-borne;

    • (l) any claim for pilotage in respect of a ship or of an aircraft while the aircraft is water-borne;

    • (m) any claim in respect of goods, materials or services wherever supplied to a ship for the operation or maintenance of the ship, including, without restricting the generality of the foregoing, claims in respect of stevedoring and lighterage;

    • (n) any claim arising out of a contract relating to the construction, repair or equipping of a ship;

    • (o) any claim by a master, officer or member of the crew of a ship for wages, money, property or other remuneration or benefits arising out of his or her employment;

    • (p) any claim by a master, charterer or agent of a ship or shipowner in respect of disbursements, or by a shipper in respect of advances, made on account of a ship;

    • (q) any claim in respect of general average contribution;

    • (r) any claim arising out of or in connection with a contract of marine insurance; and

    • (s) any claim for dock charges, harbour dues or canal tolls including, without restricting the generality of the foregoing, charges for the use of facilities supplied in connection therewith.

  • Marginal note:Jurisdiction applicable

    (3) For greater certainty, the jurisdiction conferred on the Federal Court by this section applies

    • (a) in relation to all ships, whether Canadian or not and wherever the residence or domicile of the owners may be;

    • (b) in relation to all aircraft where the cause of action arises out of paragraphs (2)(j) to (l), whether those aircraft are Canadian or not and wherever the residence or domicile of the owners may be;

    • (c) in relation to all claims, whether arising on the high seas, in Canadian waters or elsewhere and whether those waters are naturally navigable or artificially made so, including, without restricting the generality of the foregoing, in the case of salvage, claims in respect of cargo or wreck found on the shores of those waters; and

    • (d) in relation to all mortgages or hypothecations of, or charges by way of security on, a ship, whether registered or not, or whether legal or equitable, and whether created under foreign law or not.

  • R.S., 1985, c. F-7, s. 22;
  • 1993, c. 34, s. 69(F);
  • 1996, c. 31, s. 82;
  • 2002, c. 8, s. 31.
Marginal note:Bills of exchange and promissory notes — aeronautics and interprovincial works and undertakings

 Except to the extent that jurisdiction has been otherwise specially assigned, the Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under an Act of Parliament or otherwise in relation to any matter coming within any of the following classes of subjects:

  • (a) bills of exchange and promissory notes, where the Crown is a party to the proceedings;

  • (b) aeronautics; and

  • (c) works and undertakings connecting a province with any other province or extending beyond the limits of a province.

  • R.S., 1985, c. F-7, s. 23;
  • 2002, c. 8, s. 32.

 [Repealed, 2002, c. 8, s. 33]

Marginal note:Extraprovincial jurisdiction

 The Federal Court has original jurisdiction, between subject and subject as well as otherwise, in any case in which a claim for relief is made or a remedy is sought under or by virtue of the laws of Canada if no other court constituted, established or continued under any of the Constitution Acts, 1867 to 1982 has jurisdiction in respect of that claim or remedy.

  • R.S., 1985, c. F-7, s. 25;
  • 2002, c. 8, s. 33.
Marginal note:General original jurisdiction

 The Federal Court has original jurisdiction in respect of any matter, not allocated specifically to the Federal Court of Appeal, in respect of which jurisdiction has been conferred by an Act of Parliament on the Federal Court of Appeal, the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada.

  • R.S., 1985, c. F-7, s. 26;
  • 2002, c. 8, s. 33.

Jurisdiction of Federal Court of Appeal

Marginal note:Appeals from Federal Court
  •  (1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court:

    • (a) a final judgment;

    • (b) a judgment on a question of law determined before trial;

    • (c) an interlocutory judgment; or

    • (d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada.

  • Marginal note:Appeals from Tax Court of Canada, except from informal procedure

    (1.1) An appeal lies to the Federal Court of Appeal from

    • (a) a final judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies;

    • (b) a judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies, on a question of law determined before trial; or

    • (c) an interlocutory judgment or order of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

  • Marginal note:Appeals from informal procedure in Tax Court of Canada

    (1.2) An appeal lies to the Federal Court of Appeal from a final judgment of the Tax Court of Canada in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

  • Marginal note:Grounds for appeal

    (1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada

    • (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

    • (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

    • (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;

    • (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

    • (e) acted, or failed to act, by reason of fraud or perjured evidence; or

    • (f) acted in any other way that was contrary to law.

  • Marginal note:Hearing in summary way

    (1.4) An appeal under subsection (1.2) shall be heard and determined without delay and in a summary way.

  • Marginal note:Notice of appeal

    (2) An appeal under this section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appeal

    • (a) in the case of an interlocutory judgment, within 10 days after the pronouncement of the judgment or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 10 days; and

    • (b) in any other case, within 30 days, not including any days in July and August, after the pronouncement of the judgment or determination appealed from or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 30 days.

  • Marginal note:Service

    (3) All parties directly affected by an appeal under this section shall be served without delay with a true copy of the notice of appeal, and evidence of the service shall be filed in the Registry of the Federal Court of Appeal.

  • Marginal note:Final judgment

    (4) For the purposes of this section, a final judgment includes a judgment that determines a substantive right except as to any question to be determined by a referee pursuant to the judgment.

  • R.S., 1985, c. F-7, s. 27;
  • R.S., 1985, c. 51 (4th Supp.), s. 11;
  • 1990, c. 8, ss. 7, 78(E);
  • 1993, c. 27, s. 214;
  • 2002, c. 8, s. 34.
 
Date modified: