Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-08-05 and last amended on 2013-08-08. Previous Versions

Unclaimed Exhibits

Marginal note:Directions
  •  (1) If exhibits are not returnable to a party, solicitor or person or have not been claimed by a party, solicitor or person within one year after the expiry of the time for appeal or the disposition of the appeal referred to in subsection 26.1(3), the Administrator may seek directions from the Court as to their disposition.

  • Marginal note:Disposal of exhibits

    (2) The Court may, at the request of the Administrator, order that any exhibits not claimed by, or returnable to, a party, solicitor or other person be vested in Her Majesty in right of Canada or be destroyed.

  • SOR/2002-417, s. 5.

Hearings

Marginal note:Sitting of Court

 The Court may sit at any time and at any place.

Marginal note:Public hearings
  •  (1) Subject to subsection (2) and rule 30, hearings of the Court, other than pre-trial or dispute resolution conferences, shall be open and accessible to the public.

  • Marginal note:Hearing in camera

    (2) On motion, the Court may direct that all or part of a proceeding be heard in camera if it is satisfied that the hearing should not be open to the public.

Marginal note:Orders out of court
  •  (1) A judge or prothonotary who is not sitting in court may make an order on a motion if

    • (a) the judge or prothonotary is satisfied that all parties affected have consented thereto;

    • (b) the motion was brought in accordance with rule 369; or

    • (c) for any other reason the judge or prothonotary considers that the order can be made without a hearing without prejudice to any party.

  • Marginal note:Variance

    (2) On motion, the Court may set aside or vary an order made under paragraph (1)(a) on the ground that a party did not consent to it.

Marginal note:Interpreter

 A request by a party under the Official Languages Act for an interpreter at a hearing shall be made in writing and be sent to the Administrator as soon as is practicable before the hearing begins.

Marginal note:Remote conferencing

 The Court may order that a hearing be conducted in whole or in part by means of a telephone conference call, video-conference or any other form of electronic communication.

Marginal note:Technological assistance

 The Court may give directions to facilitate the conduct of a hearing by the use of any electronic or digital means of communication or storage or retrieval of information, or any other technology it considers appropriate.