FILING OF DEFENCE OR REPLY AND COUNTERCLAIM
5. (1) The Attorney General may file a defence or other reply to a document originating proceedings, including a counterclaim, if any, within
(a) 30 days after the service of the document of originating process, or
(b) the time provided by or under the provincial rules,
whichever is greater, or within such further time as may be allowed by the court.
(2) Where a proceeding is instituted in the Province of Quebec, the Attorney General may urge any preliminary exception in the manner provided by articles 160, 161 and 162 of the Code of Civil Procedure of the Province of Quebec, except that, for the purpose of this subsection, articles 160, 161 and 162 shall be read as though the period of 5 days provided for therein were 30 days.
JUDGMENT OR ORDER
6. (1) Where there is a judgment or an order of a court against the Crown for the payment of money, the court, or the registrar, clerk or protonotary thereof, or a deputy of the registrar, clerk or protonotary, shall, unless the judgment or order has been quashed on appeal, at the request of the party in whose favour the judgment or order was made, after the judgment or order has been formally made a judgment or order of the court, certify to the Minister of Finance the tenor and purport of the judgment or order
(a) forthwith, if no appeal is allowed by law from the judgment or order;
(b) on the expiration of the time allowed by law for an appeal from the judgment or order, if no appeal has then been instituted and no application has been made for an extension of time for appeal;
(c) on the final disposition of the claim, if there has been an appeal from the judgment or order;
(d) on the dismissal of an application for an extension of time for appeal from the judgment or order or on the expiration of time granted on such an application without an appeal having then been instituted; or
(e) at such earlier time as the Attorney General files notice that the Attorney General does not intend to appeal.
(2) A certificate of judgment shall be transmitted to, or left at, the office of the Deputy Attorney General in Ottawa or the appropriate Regional Office of the Department of Justice referred to in paragraph 4(2)(b) by the party in whose favour the judgment or order was made.
(3) For the purposes of this section, a certified copy of a judgment, or a certified copy of a judgment read with a certified copy of a taxed bill of costs, shall be accepted as a certificate of judgment.
EXAMINATION FOR DISCOVERY
7. Subject to sections 37 to 39 of the Canada Evidence Act, where, under the provincial rules, there is provision under which, if an action were an action between a corporation (other than an agency of the Crown) and another person, an officer or servant of the corporation could be examined for discovery, such officer or servant of the Crown or an agency of the Crown, as the case may be, as may be designated for the purpose by the Deputy Attorney General or after such designation by order of the court, may be examined for discovery during an action subject to the same conditions and with the same effect as would apply to the examination for discovery of the officer or servant of a corporation.
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