Supreme Court Act (R.S.C., 1985, c. S-26)

Act current to 2016-05-12 and last amended on 2013-12-12. Previous Versions

Marginal note:Office and residence

 The Registrar shall keep an office in the city of Ottawa and the Registrar and Deputy Registrar shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof.

  • R.S., c. S-19, s. 14;
  • 1974-75-76, c. 18, s. 2;
  • 1976-77, c. 25, s. 20.
Marginal note:Functions of Registrar

 Subject to the direction of the Chief Justice, the Registrar shall superintend the officers, clerks and employees appointed to the Court.

  • R.S., c. S-19, s. 15;
  • 1976-77, c. 25, s. 20.
Marginal note:Library

 The Registrar shall, under the supervision of the Chief Justice, manage and control the library of the Court and the purchase of all books therefor.

  • R.S., c. S-19, s. 16;
  • 1976-77, c. 25, s. 20.
Marginal note:Reports

 The Registrar or the Deputy Registrar, as the Chief Justice directs, shall report and publish the judgments of the Court.

  • R.S., c. S-19, s. 17;
  • 1976-77, c. 25, s. 20.
Marginal note:Jurisdiction as judge in chambers

 The Registrar has such authority to exercise the jurisdiction of a judge sitting in chambers as may be conferred on the Registrar by general rules or orders made under this Act.

  • R.S., c. S-19, s. 18.
Marginal note:Duties of Deputy Registrar

 The Deputy Registrar shall exercise and perform such of the powers and duties of the Registrar as are assigned to the Deputy Registrar by the Registrar, and may exercise and perform all the powers and duties of the Registrar in the event that the Registrar is absent or unable to act or the office of Registrar is vacant.

  • R.S., c. S-19, s. 19.
Marginal note:Public Service Employment Act and Public Service Superannuation Act

 The Public Service Employment Act and the Public Service Superannuation Act, in so far as applicable, extend and apply to the Registrar and Deputy Registrar.

  • R.S., c. S-19, s. 20.
Marginal note:Sheriff

 The Sheriff of the County of Carleton, in the Province of Ontario, is ex officio an officer of the Court and shall perform the duties and functions of a sheriff in connection therewith.

  • R.S., c. S-19, s. 21.

Barristers, Advocates, Attorneys and Solicitors

Marginal note:Barristers or advocates

 All persons who are barristers or advocates in a province may practise as barristers, advocates and counsel in the Court.

  • R.S., c. S-19, s. 22.
Marginal note:Attorneys or solicitors

 All persons who are attorneys or solicitors of the superior courts in a province may practise as attorneys, solicitors and proctors in the Court.

  • R.S., c. S-19, s. 23.
Marginal note:Officers of the Court

 All persons who may practise as barristers, advocates, counsel, attorneys, solicitors or proctors in the Court are officers of the Court.

  • R.S., c. S-19, s. 24.

Sessions and Quorum

Marginal note:Quorum of judges

 Any five of the judges of the Court shall constitute a quorum and may lawfully hold the Court.

  • R.S., c. S-19, s. 25.
Marginal note:Delivery of judgment
  •  (1) A judgment of the Supreme Court may be delivered

    • (a) in open court; or

    • (b) by depositing with the Registrar, for each judge who has heard the case, a written opinion, a copy, signed by the judge, of the written opinion with which the judge concurs or a statement certifying the judge’s concurrence.

  • Marginal note:Idem

    (2) Where a judgment is delivered pursuant to paragraph (1)(a), a majority of the judges who have heard the case shall be present.

  • R.S., 1985, c. S-26, s. 26;
  • R.S., 1985, c. 34 (3rd Supp.), s. 1.
Marginal note:Opinion of absent judge
  •  (1) A judge who has heard a case for which judgment is delivered pursuant to paragraph 26(1)(a) and who is absent from the delivery of judgment may sign a copy of the opinion with which the judge concurs or, where the judge has written an opinion, give the opinion to a judge present at the delivery of judgment, which concurrence or opinion shall be announced or read in open court and then left with the Registrar or reporter of the Court.

  • Marginal note:Opinion of judge who is retired or ceases to hold office

    (2) A judge who has resigned the office of judge, or who has ceased to hold office under section 9, shall, within six months thereafter, for the purposes of this section, be deemed to be absent at the delivery of judgment in any case heard by that judge in which judgment has not been delivered during his tenure of office.

  • Marginal note:Concurrence

    (3) A judge who has heard a case for which judgment is delivered pursuant to paragraph 26(1)(b) and who has not written an opinion may sign and deposit with the Registrar a copy of the opinion with which the judge concurs or a statement certifying concurrence with an opinion.

  • Marginal note:Notice of deposit of judgment

    (4) Where judgment is delivered in a case pursuant to paragraph 26(1)(b), the Registrar shall send notices of the deposit of judgment to the solicitors of record for the case or their agents.

  • R.S., 1985, c. S-26, s. 27;
  • R.S., 1985, c. 34 (3rd Supp.), s. 2.
Marginal note:When a judge may not sit
  •  (1) No judge against whose judgment an appeal is brought, or who took part in the trial of the cause or matter, or in the hearing in a court below, shall sit or take part in the hearing of or adjudication on the proceedings in the Supreme Court.

  • Marginal note:Quorum in such case

    (2) In any cause or matter in which a judge is unable to sit or take part in consequence of this section, any four of the other judges constitute a quorum and may lawfully hold the Court.

  • R.S., c. S-19, s. 28.
Marginal note:Four judges a quorum by consent

 Any four judges constitute a quorum and may lawfully hold the Court in cases where the parties consent to be heard before a court so composed.

  • R.S., c. S-19, s. 29.
Marginal note:Appointment of ad hoc judge
  •  (1) Where at any time there is not a quorum of the judges available to hold or continue any session of the Court, owing to a vacancy or vacancies, or to the absence through illness or on leave or in the discharge of other duties assigned by statute or order in council, or to the disqualification of a judge or judges, the Chief Justice of Canada, or in the absence of the Chief Justice, the senior puisne judge, may in writing request the attendance at the sittings of the Court, as an ad hoc judge, for such period as may be necessary,

    • (a) of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada; or

    • (b) if the judges of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada are absent from Ottawa or for any reason are unable to sit, of a judge of a provincial superior court to be designated in writing by the chief justice, or in the absence of the chief justice, by any acting chief justice or the senior puisne judge of that provincial court on that request being made to that acting chief justice or that senior puisne judge in writing.

  • Marginal note:Quebec appeals

    (2) Unless two of the judges available fulfil the requirements of section 6, the ad hoc judge for the hearing of an appeal from a judgment rendered in the Province of Quebec shall be a judge of the Court of Appeal or a judge of the Superior Court of that Province designated in accordance with subsection (1).

  • Marginal note:Evidence of appointment

    (3) A duplicate of the requisition of the Chief Justice or senior puisne judge and, where a judge of a provincial court is designated to act, the letter designating that judge shall be filed with the Registrar and is conclusive evidence of the authority of the judge named therein to act under this section.

  • Marginal note:Duties

    (4) It is the duty of the judge whose attendance has been so requested or who has been so designated, in priority to other duties of the office of that judge, to attend the sittings of the Court at the time and for the period for which his attendance is required, and while so attending that judge possesses the powers and privileges and shall discharge the duties of a puisne judge of the Court.

  • Marginal note:Travel allowance

    (5) An ad hoc judge who attends at sittings of the Court or any conference of the judges called for the consideration of judgments in cases in which that judge sat shall be paid his travel expenses and shall receive an allowance for living expenses for each day that that judge is necessarily absent from his place of residence, as provided by the Judges Act.

  • Marginal note:Delivery of judgment

    (6) In any case in which judgment is not delivered while an ad hoc judge is attending the sittings of the Court or a conference of the judges, the opinion of that judge shall be delivered as provided by section 27.

  • R.S., 1985, c. S-26, s. 30;
  • 2002, c. 8, s. 175.
 
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