Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-12-15 and last amended on 2013-08-08. Previous Versions

Process of the Court

Marginal note:To whom process may be issued
  •  (1) Where there is no sheriff or a sheriff is unable or unwilling to act, a process, including a warrant for arrest of property under rule 481, may be issued to any person to whom a process of a superior court of the province in which the process is to be executed could be issued.

  • Marginal note:Execution of process

    (2) Where a process is issued to a sheriff, it may, at the sheriff's direction, be executed by a person authorized under provincial law to execute the process of a superior court of the province in which the process is to be executed.

Marginal note:Certificate of judgment
  •  (1) Where an order made against the Crown for the payment of money for costs or otherwise is executory and

    • (a) where no appeal of the order has been instituted, the time allowed by law for an appeal from the order has expired, or

    • (b) where there has been an appeal from the order, the order has been affirmed or varied on appeal,

    the Administrator shall issue a certificate of judgment accordingly.

  • Marginal note:Delivery of certificate

    (2) A certificate issued under subsection (1) shall be transmitted by the Administrator to the office of the Deputy Attorney General of Canada.


Application of this Part

Marginal note:Application
  •  (1) This Part applies to Admiralty actions.

  • Marginal note:Application of other rules

    (2) Except to the extent that they are inconsistent with this Part, the rules applicable to other actions apply to Admiralty actions.


Definition of “designated officer”

 In this Part, “designated officer” means an officer of the Registry designated by an order of the Court.

Actions In Rem and In Personam

Marginal note:Types of admiralty actions
  •  (1) Admiralty actions may be in rem or in personam, or both.

  • Marginal note:Style of cause of action in rem

    (2) The style of cause of an action in rem shall be in Form 477.

  • Marginal note:Style of cause of action in personam

    (3) The style of cause of an action in personam shall be as provided for in subsection 67(2).

  • Marginal note:Defendants in action in rem

    (4) In an action in rem, a plaintiff shall include as a defendant the owners and all others interested in the subject-matter of the action.