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

Act current to 2014-08-05 and last amended on 2013-12-12. Previous Versions

GENERAL

Marginal note:Process of the Court
  •  (1) The process of the Court runs throughout Canada and shall be tested in the name of the Chief Justice or, in case of a vacancy in the office of Chief Justice, in the name of the senior puisne judge, and shall be directed to the sheriff of any county or other judicial division into which any province is divided.

  • Marginal note:Officers of the Court

    (2) The sheriffs of the counties or other judicial divisions of the provinces are ex officio officers of the Court and shall perform the duties and functions of sheriffs in connection with the Court.

  • Marginal note:Coroners

    (3) In any case where the sheriff is disqualified, the process shall be directed to any of the coroners of the county or district.

  • R.S., c. S-19, s. 99.
Marginal note:Further powers of commissioners

 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments or recognizances of bail and all other recognizances in the Court.

  • R.S., c. S-19, s. 100.
Marginal note:Orders for payment of money
  •  (1) An order in the Court for payment of money, whether for costs or otherwise, may be enforced by such writs of execution as the Court prescribes.

  • Marginal note:No attachment for non-payment only

    (2) No attachment as for contempt shall issue in the Court for the non-payment of money only.

  • R.S., c. S-19, ss. 101, 102.
Marginal note:Judges may make rules and orders
  •  (1) The judges, or any five of them, may make general rules and orders

    • (a) for regulating the procedure of and in the Court and the bringing of cases before it from courts appealed from or otherwise, and for the effectual execution and working of this Act and the attainment of the intention and objects thereof;

    • (b) for allowing appeals in forma pauperis by leave, notwithstanding the provisions of this Act or any other Act requiring the giving of security for costs, and for allowing a respondent leave to defend in forma pauperis;

    • (c) for empowering the Registrar to do any such thing and transact any such business as is specified in the rules or orders, and to exercise any authority and jurisdiction in respect of the rules or orders as may be done, transacted or exercised by a judge sitting in chambers by virtue of any statute or custom or by the practice of the Court;

    • (d) for fixing the fees and costs to be taxed and allowed to, and received and taken by, and the rights and duties of, the officers of the Court;

    • (e) for awarding and regulating costs in the Court in favour of and against the Crown, as well as the subject; and

    • (f) with respect to matters coming within the jurisdiction of the Court, with respect to references to the Court by the Governor in Council, and in particular with respect to investigations of questions of fact involved in any such reference.

  • Marginal note:Extent of rules and orders

    (2) The rules and orders may extend to any matter of procedure or otherwise not provided for by this Act, but for which it is found necessary to provide, in order to ensure the proper working of this Act and the better attainment of the objects thereof.

  • Marginal note:Force of rules and orders

    (3) All rules not inconsistent with the express provisions of this Act have force and effect as if herein enacted.

  • Marginal note:Copies to be laid before Parliament

    (4) Copies of all rules and orders made under this section shall be laid before each House of Parliament on any of the first fifteen days after the making thereof on which that House is sitting.

  • R.S., 1985, c. S-26, s. 97;
  • R.S., 1985, c. 34 (3rd Supp.), s. 7.