Federal Courts Rules (SOR/98-106)

Marginal note:Definition

• 26.1 (1) In this rule, appeal includes an appeal of an order of a prothonotary, an application for leave to appeal and an appeal to the Supreme Court of Canada.

• Marginal note:Removal of exhibits from file

  (2) Subject to subsection (4), exhibits put into evidence shall remain part of the annex to the Court file either

  • (a) until the time for an appeal has expired, if no appeal has been taken, or

  • (b) until the appeal is disposed of, if an appeal has been taken.

• Marginal note:Return of exhibits

  (3) On the expiry of the time for appeal or on the disposition of the appeal, the Administrator shall return the exhibits to the respective solicitors or the parties who put the exhibits in evidence.

• Marginal note:Return on consent

  (4) At any time following judgment, on requisition by the solicitor or party who put an exhibit in evidence or the person who produced it and on the filing of the consent of all parties, the Administrator shall return the exhibit to the person making the requisition.

Unclaimed Exhibits

Marginal note:Directions

• 27 (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.

Hearings

Marginal note:Sitting of Court

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

Marginal note:Public hearings

• 29 (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

• 30 (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 369.2; 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

31 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

32 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

33 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.

Marginal note:General Sittings of Trial Division

• 34 (1) General Sittings of the Federal Court for the hearing of motions shall be held, except during the seasonal or summer recess or on a holiday,

  • (a) at Ottawa, every Wednesday and on any other day fixed by the Chief Justice of the Federal Court;

  • (b) at Toronto and Vancouver, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court;

  • (c) in Quebec,

    • (i) at Montreal, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court, and

    • (ii) on a day and at any other place fixed by the Chief Justice of the Federal Court; and

  • (d) in every province other than Ontario, Quebec and British Columbia, at least once per month, on a day and at a place fixed by the Chief Justice of the Federal Court.

• Marginal note:Cancellation

  (2) General Sittings may be cancelled by the Chief Justice of the Federal Court if no notice of a motion to be presented at the Sittings has been filed

  • (a) in Ottawa, Montreal, Toronto or Vancouver, at least two days before the day of the Sittings; and

  • (b) in any other place, at least one week before the day of the Sittings.

• Marginal note:Summer recess

  (3) General Sittings during the summer recess will be announced by the Chief Justice of the Federal Court before June 15 each year.

Marginal note:Hearing dates

• 35 (1) Subject to rule 298 and paragraph 385(1)(b), motions that can conveniently be heard at the General Sittings of the Federal Court may be made returnable accordingly.

• Marginal note:Special hearing dates

  (2) A request may be made informally to the Judicial Administrator of the Federal Court of Appeal or the Federal Court, as the case may be, for an appointment of a special time and place

  • (a) for sittings of the Federal Court of Appeal or of a judge of that court to hear a motion; or

  • (b) for sittings of a judge of the Federal Court or of a prothonotary to hear a motion that is likely to exceed two hours or a motion that is to be heard other than at General Sittings.

• Marginal note:Motion record

  (3) The request shall be accompanied by a motion record.

Marginal note:Adjournment

• 36 (1) A hearing may be adjourned by the Court from time to time on such terms as the Court considers just.

• Marginal note:Adjournment to fixed day

  (2) Where a hearing is adjourned to a fixed day, a party who appeared at the hearing is deemed to have had notice of the adjournment.

• Marginal note:Notice dispensed with

  (3) Where a party has failed to appear at a hearing, that party need not be served with notice of an adjournment of the hearing.

Marginal note:Failure to give notice

37 Where at a hearing the Court considers that any person to whom notice of the hearing has not been given ought to have had such notice, the Court may adjourn the hearing or dismiss the proceeding or motion.

Marginal note:Absence of party

38 Where a party fails to appear at a hearing, the Court may proceed in the absence of the party if the Court is satisfied that notice of the hearing was given to that party in accordance with these Rules.

Marginal note:Inability to continue

39 If a judge or referee of the Federal Court of Appeal or a Judge, prothonotary or referee of the Federal Court is for any reason unable to continue in a proceeding or to render a judgment that has been reserved, the Chief Justice of the court in question may order that the proceeding be reheard or retried, on any terms that the Chief Justice considers just.

Marginal note:Rota of Judges for Vancouver

• 40 (1) On or before July 1 in each year, the Chief Justice of the Federal Court shall, in consultation with the other judges of that court, establish a rota of judges for Vancouver for the twelve months commencing on September 1 of that year, excluding the seasonal recess.

• Marginal note:Powers of Chief Justice of the Federal Court

  (2) The Chief Justice of the Federal Court may make changes to the Vancouver rota, including the substitution of one judge for another during all or part of the judge’s period of assignment.

• Marginal note:Responsibilities of judges

  (3) A judge assigned to Vancouver shall reside in Vancouver for the period of the assignment and hold sittings and otherwise transact the judicial business of the Federal Court in Vancouver and in such other places as may be required.

• Marginal note:Assignment period

  (4) Except with a judge’s consent, the Chief Justice of the Federal Court shall not

  • (a) assign the judge to Vancouver for a period exceeding two months; or

  • (b) reassign the judge to Vancouver for a second assignment within two months after the end of the first.

Summoning of Witnesses or Other Persons

Marginal note:Subpoena for witness

• 41 (1) Subject to subsection (4), on receipt of a written request, the Administrator shall issue, in Form 41, a subpoena for the attendance of a witness or the production of a document or other material in a proceeding.

• Marginal note:Issuance in blank

  (2) A subpoena may be issued in blank and completed by a solicitor or party.

• Marginal note:Multiple names

  (3) Any number of names may be included in one subpoena.

• Marginal note:Where leave required

  (4) No subpoena shall be issued without leave of the Court

  • (a) for the production of an original record or of an original document, if the record or document may be proven by a copy in accordance with an Act of Parliament or of the legislature of a province;

  • (b) to compel the appearance of a witness who resides more than 800 km from the place where the witness will be required to attend under the subpoena; or

  • (c) to compel the attendance of a witness at a hearing other than a trial or a reference under rule 153.

• Marginal note:Ex parte motion

  (5) Leave may be granted under subsection (4) on an ex parte motion.

Marginal note:Personal service of subpoena

42 No witness is required to attend under a subpoena unless the subpoena has been personally served on the witness in accordance with paragraph 128(1)(a) and witness fees and travel expenses have been paid or tendered to the witness in the amount set out in Tariff A.