Federal Courts Rules (SOR/98-106)
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Regulations are current to 2013-04-29 and last amended on 2013-04-01. Previous Versions
Federal Courts Rules
SOR/98-106
Registration 1998-02-05
Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court
P.C. 1998-125 1998-02-05
Whereas, pursuant to subsection 46(4)Footnote a of the Federal Court Act, a copy of the proposed Federal Court Rules, 1998 was published in the Canada Gazette Part I on September 20, 1997 and interested persons were invited to make representations with respect to the proposed Rules;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 46(1)Footnote b of the Federal Court Act, hereby approves the annexed Federal Court Rules, 1998, made by the rules committee of the Federal Court of Canada on January 26, 1998.
Return to footnote aS.C. 1990, c. 8, s. 14(4)
Return to footnote bS.C. 1990, c. 8, s. 14(1)
SHORT TITLE
Marginal note:Short title
1. These Rules may be cited as the Federal Courts Rules.
- SOR/2004-283, s. 2.
PART 1
APPLICATION AND INTERPRETATION
Application
Marginal note:Application
1.1 (1) These Rules apply to all proceedings in the Federal Court of Appeal and the Federal Court unless otherwise provided by or under an Act of Parliament.
Marginal note:Inconsistency with Act
(2) In the event of any inconsistency between these Rules and an Act of Parliament or a regulation made under such an Act, that Act or regulation prevails to the extent of the inconsistency.
- SOR/2004-283, s. 2
Interpretation
Marginal note:Definitions
2. The following definitions apply in these Rules.
“Act”
« Loi »
“Act” means the Federal Courts Act.
“action”
« action »
“action” means a proceeding referred to in rule 169.
“address for service”
« adresse aux fins de signification »
“address for service” means
(a) in respect of a party who has no solicitor of record,
(i) the address shown on the last document filed by the party that indicates an address in Canada, or
(ii) where the party is the Crown or the Attorney General of Canada, the office of the Deputy Attorney General of Canada in Ottawa; and
(b) in respect of a party who has a solicitor of record, the address of the solicitor of record shown on the last filed document that indicates an address.
“Administrator”
« administrateur »
“Administrator” means the Chief Administrator appointed under section 5 of the Courts Administration Service Act, or a person acting on his or her behalf.
“Admiralty action”
« action en matière d’amirauté »
“Admiralty action” means an action in which the Court exercises jurisdiction under section 22 of the Act.
“appeal”
« appel »
“appeal” means a proceeding referred to in rule 335.
“applicant”
« demandeur »
“applicant”
(a) except in the case of an application that has been certified as a class proceeding, includes a person on whose behalf an application is commenced; and
(b) in the case of an application that has been certified as a class proceeding, means
(i) in respect of the common questions of law or fact, the representative applicant, and
(ii) in respect of individual questions, the member to whom those questions apply.
“application”
« demande »
“application” means a proceeding referred to in rule 300.
“assessment officer”
« officier taxateur »
“assessment officer” means an officer of the Registry designated by an order of the Court, a judge or a prothonotary, and includes, in respect of a reference, the referee presiding in the reference.
“business day”
« jour ouvrable »
“business day” means a day that is not a holiday.
“case management judge”
« juge responsable de la gestion de l’instance »
“case management judge” means a judge assigned under paragraph 383(a) or rule 383.1 and includes a prothonotary assigned under paragraph 383(b).
“certified copy”
« copie certifiée conforme »
“certified copy”, in respect of a document in the custody of the Registry, means a copy of the document certified by an officer of the Registry.
“Christmas recess”
« vacances judiciaires de Noël »
“Christmas recess” means the period beginning on December 21 in a year and ending on January 7 in the following year.
“Court”
« Cour »
“Court” means, as the circumstances require,
(a) the Federal Court of Appeal, including, in respect of a motion, a single judge of that court; or
(b) the Federal Court, including a prothonotary acting within the jurisdiction conferred under these Rules.
“Court file”
« dossier de la Cour »
“Court file” means the file maintained pursuant to rule 23 or 24.
“dispute resolution conference”
« conférence de règlement des litiges »
“dispute resolution conference” means a conference ordered under rule 386.
“filed”
« déposé »
“filed”, in respect of a document, means accepted for filing under rule 72.
“garnishee”
« tiers saisi »
“garnishee” means a person in respect of whom an order attaching a debt to a judgment debtor has been made under rule 449.
“Hague Convention”
« Convention de La Haye »
“Hague Convention” means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on November 15, 1965.
“hearing”
« audience »
“hearing” includes a conference held under these Rules.
“holiday”
« jour férié »
“holiday” means a Saturday, Sunday or any other day defined as a holiday in subsection 35(1) of the Interpretation Act.
“intervener”
« intervenant »
“intervener” means a person who has been granted status as an intervener under rule 109.
“issued”
« délivré »
“issued” means
(a) in respect of an originating document, dated, signed, sealed with the seal of the Court and assigned a Court file number by the Administrator; and
(b) in respect of any other document, dated, signed and sealed with the seal of the Court by the Administrator.
“local office”
« bureau local »
“local office” means an office of the Registry of the Court established by the Administrator other than the principal office.
“motion”
« requête »
“motion” means a request to the Court under, or to enforce, these Rules.
“oath”
« serment »
“oath” includes a solemn affirmation within the meaning of subsection 14(1) of the Canada Evidence Act.
“order”
« ordonnance »
“order” includes
(a) a judgment;
(b) a decision or other disposition of a tribunal; and
(c) a determination of a reference under section 18.3 of the Act.
“originating document”
« acte introductif d’instance »
“originating document” means a document referred to in rule 63.
“party”
« parties »
“party” means
(a) in respect of an action, a plaintiff, defendant or third party;
(b) in respect of an application,
(i) where a tribunal brings a reference under section 18.3 of the Act, a person who becomes a party in accordance with rule 323,
(ii) where the Attorney General of Canada brings a reference under section 18.3 of the Act, the Attorney General of Canada and any other person who becomes a party in accordance with rule 323, and
(iii) in any other case, an applicant or respondent;
(c) in respect of an appeal, an appellant or respondent; and
(d) in respect of a motion, the person bringing the motion or a respondent thereto.
“person”
« personne »
“person” includes a tribunal, an unincorporated association and a partnership.
“plaintiff”
« demandeur »
“plaintiff”
(a) except in the case of an action that has been certified as a class proceeding, includes a person on whose behalf an action is commenced; and
(b) in the case of an action that has been certified as a class proceeding, means
(i) in respect of the common questions of law or fact, the representative plaintiff, and
(ii) in respect of individual questions, the member to whom those questions apply.
“pleading”
« acte de procédure »
“pleading” means a document in a proceeding in which a claim is initiated, defined, defended or answered.
“principal office”
« bureau principal »
“principal office” means the head office of the Registry of the Court established by the Administrator.
“referee”
« arbitre »
“referee” means a person to whom a matter has been referred under rule 153.
- “Registry”
“Registry”[Repealed, SOR/2004-283, s. 3]
“sheriff”
« shérif »
“sheriff” includes a marshal, peace officer or other person to whom a writ, warrant or other process is directed and, in the Province of Quebec, a member of the Ordre professionnel des huissiers de justice du Québec.
“simplified action”
« action simplifiée »
“simplified action” means an action referred to in rule 292.
“solicitor”
« avocat »
“solicitor” means a person referred to in subsection 11(3) of the Act.
“solicitor of record”
« avocat inscrit au dossier »
“solicitor of record” means a solicitor determined under rule 123.
“specially managed proceeding”
« instance à gestion spéciale »
“specially managed proceeding” means a proceeding managed in accordance with rules 383 to 385.
“statement of claim”
« déclaration »
“statement of claim” means a document by which an action is commenced.
“summer recess”
« vacances judiciaires d’été »
“summer recess” means the months of July and August in each year.
“swear”
Version anglaise seulement“swear”, in respect of an oath, includes affirm.
“third party”
« tierce partie »
“third party” includes a fourth or subsequent party.
“tribunal”
Version anglaise seulement“tribunal” has the same meaning as “federal board, commission or other tribunal” in the Act.
“unincorporated association”
« association sans personnalité morale »
“unincorporated association” means an organization of two or more persons, other than a partnership, that operates under a common name for a common purpose or undertaking.
“writ of execution”
« bref d’exécution »
“writ of execution” includes a writ of seizure and sale, a writ of possession, a writ of delivery and a writ of sequestration, and any further writ in aid thereof.
- 2002, c. 8, s. 182;
- SOR/2002-417, s. 1;
- SOR/2004-283, s. 3;
- SOR/2007-301, s. 1.
- Date modified:
