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Crown Liability and Proceedings Act (R.S.C., 1985, c. C-50)

Act current to 2021-10-07 and last amended on 2019-09-01. Previous Versions

PART ILiability (continued)

Environmental and Labour Cooperation Treaties (continued)

Marginal note:Panel determination may be made an order of the Federal Court

  •  (1) A panel determination that is addressed to the Crown may, for the purpose of its enforcement only, be made an order of the Federal Court.

  • Marginal note:Procedure

    (2) To make a panel determination an order of the Federal Court, the appropriate party shall file a certified copy of the determination in the Registry of that Court and, on filing, the determination becomes an order of that Court.

  • 1994, c. 11, s. 1
  • 2009, c. 16, s. 26

Marginal note:Enforcement proceedings

  •  (1) Subject to subsections (2) to (5), a panel determination that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.

  • Marginal note:Limitation

    (2) Proceedings for enforcement of a panel determination that is made an order of the Federal Court may be taken against the Crown only in that Court and only by the appropriate party.

  • Marginal note:Hearings in summary way

    (3) Any proceedings referred to in subsection (2) shall be heard and determined in a summary way.

  • Marginal note:Reference to panel

    (4) If any question of fact or interpretation of a panel determination arises in any proceedings referred to in subsection (2), the Federal Court shall refer the question to the panel that made the determination, and the decision of the panel on the question is binding on that Court.

  • Marginal note:No interventions

    (5) No person or body may intervene in any proceedings referred to in subsection (2).

  • 1994, c. 11, s. 1
  • 2009, c. 16, s. 27

Marginal note:Determinations, orders and decisions are final

  •  (1) Panel determinations, including panel determinations that are made orders of the Federal Court, and orders and decisions made by the Federal Court in any proceedings referred to in subsection 20.3(2) are final and binding and are not subject to appeal to any court.

  • Marginal note:Limitation on proceedings

    (2) Subject to section 20.3, no panel determination, including a panel determination that is made an order of the Federal Court, no determination or proceedings of a panel made or carried on or purporting to be made or carried on under any environmental cooperation treaty or labour cooperation treaty, no order or decision made by the Federal Court in any proceedings referred to in subsection 20.3(2) and no proceedings of that Court made or carried on or purporting to be made or carried on under that subsection shall be

    • (a) questioned, reviewed, set aside, removed, prohibited or restrained, or

    • (b) made the subject of any proceedings in, or any process or order of, any court, whether by way of or in nature of injunction, certiorari, prohibition, quo warranto, declaration or otherwise,

    on any ground, including the ground that the determination, proceedings, order or decision is beyond the jurisdiction of the panel or the Federal Court, as the case may be, or that, in the course of any proceedings, the panel or the Federal Court for any reason exceeded or lost its jurisdiction.

  • 1994, c. 11, s. 1
  • 1997, c. 14, s. 34
  • 2009, c. 16, s. 28

PART IIProceedings

Jurisdiction

Marginal note:Concurrent jurisdiction of provincial court

  •  (1) In all cases where a claim is made against the Crown, except where the Federal Court has exclusive jurisdiction with respect to it, the superior court of the province in which the claim arises has concurrent jurisdiction with respect to the subject-matter of the claim.

  • Marginal note:Where proceedings pending in Federal Court

    (2) No court in a province has jurisdiction to entertain any proceedings taken by a person if proceedings taken by that person in the Federal Court in respect of the same cause of action, whether taken before or after the proceedings are taken in the court, are pending.

  • R.S., 1985, c. C-50, s. 21
  • R.S., 1985, c. 40 (4th Supp.), s. 2
  • 1990, c. 8, s. 28
  • 2001, c. 4, s. 45

Marginal note:Declaration of rights

  •  (1) Where in proceedings against the Crown any relief is sought that might, in proceedings between persons, be granted by way of injunction or specific performance, a court shall not, as against the Crown, grant an injunction or make an order for specific performance, but in lieu thereof may make an order declaratory of the rights of the parties.

  • Marginal note:Servants of Crown

    (2) A court shall not in any proceedings grant relief or make an order against a servant of the Crown that it is not competent to grant or make against the Crown.

  • R.S., 1985, c. C-50, s. 22
  • 1990, c. 8, s. 28
  • 2001, c. 4, s. 46(F)

Procedure

Marginal note:Taking of proceedings against Crown

  •  (1) Proceedings against the Crown may be taken in the name of the Attorney General of Canada or, in the case of an agency of the Crown against which proceedings are by an Act of Parliament authorized to be taken in the name of the agency, in the name of that agency.

  • Marginal note:Service of originating document

    (2) Where proceedings are taken against the Crown, the document originating the proceedings shall be served on the Crown by serving it on the Deputy Attorney General of Canada or the chief executive officer of the agency in whose name the proceedings are taken, as the case may be.

  • R.S., 1985, c. C-50, s. 23
  • 1990, c. 8, s. 29
  • 2001, c. 4, s. 47(F)

Marginal note:Defences

 In any proceedings against the Crown, the Crown may raise

  • (a) any defence that would be available if the proceedings were a suit or an action between persons in a competent court; and

  • (b) any defence that would be available if the proceedings were by way of statement of claim in the Federal Court.

  • R.S., 1985, c. C-50, s. 24
  • 1990, c. 8, s. 30
  • 2001, c. 4, s. 48

Marginal note:No judgment by default without leave

 In any proceedings against the Crown, judgment shall not be entered against the Crown in default of appearance or pleading without leave of the court obtained on an application at least fourteen clear days notice of which has been given to the Deputy Attorney General of Canada.

  • R.S., 1985, c. C-50, s. 25
  • 1990, c. 8, s. 31

Marginal note:No jury trials

 In any proceedings against the Crown, trial shall be without a jury.

  • R.S., 1985, c. C-50, s. 26
  • 1990, c. 8, s. 31

Marginal note:Rules of court

 Except as otherwise provided by this Act or the regulations, the rules of practice and procedure of the court in which proceedings are taken apply in those proceedings.

  • R.S., 1985, c. C-50, s. 27
  • 1990, c. 8, s. 31

Costs

Marginal note:Costs

  •  (1) In any proceedings to which the Crown is a party, costs may be awarded to or against the Crown.

  • Marginal note:Costs awarded to Crown

    (2) Costs awarded to the Crown shall not be disallowed or reduced on taxation by reason only that the solicitor or counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the Crown performing those services in the discharge of the officer’s duty and was remunerated therefor by a salary, or for that or any other reason was not entitled to recover any costs from the Crown in respect of the services so rendered.

  • (3) [Repealed, 2012, c. 31, s. 305]

  • R.S., 1985, c. C-50, s. 28
  • 1990, c. 8, s. 31
  • 1996, c. 17, s. 15
  • 2012, c. 31, s. 305

Execution of Judgment

Marginal note:No execution against Crown

 No execution shall issue on a judgment against the Crown.

  • R.S., 1985, c. C-50, s. 29
  • 1990, c. 8, s. 31
  • 2001, c. 4, s. 49(F)

Marginal note:Payment of judgment

  •  (1) On receipt of a certificate of judgment against the Crown issued under the regulations or the Federal Courts Rules, the Minister of Finance shall authorize the payment out of the Consolidated Revenue Fund of any money awarded by the judgment to any person against the Crown.

  • Marginal note:Crown costs to be paid to Receiver General

    (2) Any money or costs awarded to the Crown in any proceedings shall be paid to the Receiver General.

  • R.S., 1985, c. C-50, s. 30
  • 1990, c. 8, s. 31
  • 2001, c. 4, s. 50(F)
  • 2009, c. 16, s. 29
 
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