Rules of the Supreme Court of Canada (SOR/2002-156)

Regulations are current to 2017-05-11 and last amended on 2017-01-01. Previous Versions

Official Languages

  •  (1) A party may use either English or French in any oral or written communication with the Court.

  • (2) Subject to subrule (3), the Registrar shall provide to the parties services for simultaneous interpretation in both official languages during the hearing of every proceeding.

  • (3) In the case of a motion to be heard by a judge or the Registrar, the Registrar shall provide the services referred to in subrule (2) upon request of any party to the motion, made at least two days before the hearing of the motion.

PART 3Powers of the Registrar

Order of Registrar Binding

 Subject to Rule 78, every order made by the Registrar shall be binding on all parties concerned as if the order had been made by a judge.

Reference to the Court or a Judge

 The Registrar may refer any matter before him or her to the Court or a judge.

  • SOR/2016-271, s. 6.

PART 4General Rules

Name of Party

 In the case of an application for leave to appeal, an appeal referred to in paragraph 33(1)(c) or (d) or an originating motion, any party, other than an individual, shall file with the Registrar a notice of name in Form 14 to confirm its name in each of the official languages or to certify that it does not have a bilingual name.

  • SOR/2011-74, s. 5;
  • SOR/2013-175, s. 4;
  • SOR/2016-271, s. 7.

Representation of Parties

  •  (1) Subject to Rule 17, counsel for a party in the court appealed from is deemed to be counsel before the Court.

  • (2) Subject to subrule (3), a party may either act in person or be represented by counsel.

  • (3) Any party, other than an individual, shall be represented by counsel unless

    • (a) it was permitted to be represented by a person other than counsel in any of the lower courts and it chooses to continue to be represented by that person in the Court; or

    • (b) on motion, a judge grants it leave to be represented by a person other than counsel in accordance with the applicable federal or provincial legislative enactment.

  • SOR/2013-175, s. 5;
  • SOR/2016-271, s. 8.

Agents

  •  (1) A party to an appeal or to a reference to the Court shall only conduct business with the Registrar through an agent.

  • (2) A party to any other proceeding may choose to conduct business with the Registrar through an agent.

  • (3) No agent shall represent more than one party in any proceeding except with the consent of each party represented by the agent.

  • (4) An agent who represents two opposing parties shall file with the Registrar a notice in Form 16.

  • (5) A party may appoint a permanent agent by filing with the Registrar a notice to that effect.

  • SOR/2013-175, s. 6.

Change of Representation or Withdrawal of Counsel or Agent

  •  (1) A party may change their counsel or agent by identifying the new counsel or agent on the originating document, or during the course of the proceeding, by serving on all other parties and filing with the Registrar a notice of change setting out the name, address and telephone number, and the fax number and email address, if any, of the new counsel or agent.

  • (2) A party who was represented by counsel in the court appealed from may elect to act in person by signing the originating document.

  • (3) A party who was not represented by counsel in the court appealed from may elect to be represented by counsel by serving on all other parties and filing with the Registrar a notice to that effect.

  • (4) A counsel may choose to cease to represent a party before the Court by

    • (a) serving on all other parties and filing with the Registrar a notice of withdrawal of counsel accompanied by the consent of the party; or

    • (b) in the absence of the consent of the party, making a motion to a judge or the Registrar for an order that the counsel no longer represents the party, and serving on that party and all other parties the motion and, if the motion is granted, the order of withdrawal.

  • (5) An agent may cease to represent a party by serving on that party and all other parties and filing with the Registrar a notice of withdrawal.

  • SOR/2011-74, s. 6;
  • SOR/2013-175, s. 7(F);
  • SOR/2016-271, s. 52(F).

Change in Contact Information

 A party shall serve on all other parties and file with the Registrar a notice of any change in their contact information without delay.

  • SOR/2013-175, s. 8.

Adding, Substituting and Removing Parties

[SOR/2013-175, s. 9]
  •  (1) A person may be added or substituted as a party on motion before a judge or the Registrar that sets out the reasons for the addition or substitution.

  • (2) Subject to subrule (5), no person shall be added or substituted as a party without the person’s consent being filed with the Registrar.

  • (3) The motion referred to in subrule (1) shall also be served on the proposed added or substituted party.

  • (4) Parties added or substituted shall be served with all documents provided for in these Rules, and any time periods shall begin as provided for in the order unless a judge or the Registrar otherwise orders.

  • (4.1) A party who is named in the style of cause can be removed on the consent of the applicant or the appellant, as the case may be, or on motion before a judge or the Registrar that sets out the reasons for the removal.

  • (5) In any proceeding, the Court or a judge may order that a party be added, substituted or removed if, in the opinion of the Court or the judge, the addition, substitution or removal is necessary to enable the Court to adjudicate the questions in issue.

  • SOR/2013-175, s. 10.

Filing of Documents

  •  (1) A document may be filed with the Registrar by

    • (a) hand delivery;

    • (b) mail or courier; or

    • (c) fax transmission or email, except in the case of a document that these Rules require to be bound.

  • (2) On receipt of a document, the Registrar may

    • (a) accept or reject the document for filing; or

    • (b) accept the document for filing subject to the making of any corrections or the fulfilling of any conditions precedent.

  • (2.1) to (2.3) [Repealed, SOR/2011-74, s. 7]

  • (3) A document that is filed by hand delivery, mail or courier is deemed to have been filed on the date of the Court’s filing stamp on that document, unless the Court, a judge or the Registrar otherwise orders.

  • (4) A document that is filed by fax transmission or email shall include a cover page in accordance with subrule 20(3) or the information set out in paragraphs 20(3.1)(a), (b), (d) and (e), as the case may be, and is deemed to have been filed on the day on which it is received unless it is received between 5:00 p.m. and 12:00 a.m. local time, or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

  • (5) Within five business days after the day on which a document, other than correspondence referred to in subrule (7), is filed by fax transmission or email, the original and a copy of the document shall be filed by hand delivery, mail or courier.

  • (6) All documents filed, other than correspondence referred to in subrule (7), shall be served in accordance with Rule 20 on all parties unless these Rules provide otherwise or the Court, a judge or the Registrar otherwise orders.

  • (7) A copy of any correspondence between parties, or between a party and the Registrar, that has been filed shall be sent to all other parties by hand delivery, mail or courier to the last known address or, if the address for service of the recipient party includes a fax number or an email address, by fax transmission to the last known fax number or by email to the last known email address.

  • SOR/2006-203, s. 2;
  • SOR/2011-74, s. 7;
  • SOR/2013-175, s. 11.

Filing of Sealed and Confidential Documents

[SOR/2013-175, s. 12]
  •  (1) If it is filed, any document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation shall be sealed in an envelope and be accompanied by a covering letter and a copy of the sealing or confidentiality order or provision of the applicable legislation.

  • (2) Subject to subrule (3), if any of the following documents is filed, it shall be sealed in an envelope and accompanied by one redacted electronic version, if one is required under these Rules, and two redacted printed versions:

    • (a) a document containing a document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation;

    • (b) a document that reveals information that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation; or

    • (c) a document that a party requires to be sealed.

  • (3) If a redacted version of a document referred to in paragraph (2)(b) cannot be filed, the document shall be accompanied by a motion to seal to the Registrar.

  • (4) A document referred to in paragraph (2)(c) shall be accompanied by a motion to seal to the Registrar.

  • SOR/2011-74, s. 8;
  • SOR/2013-175, s. 13;
  • SOR/2016-271, s. 9.
 
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