Federal Courts Act (R.S.C., 1985, c. F-7)

Short Title

Marginal note:Short title

1 This Act may be cited as the Federal Courts Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  action for collision

  action for collision includes an action for damage caused by one or more ships to another ship or ships or to property or persons on board another ship or ships as a result of carrying out or omitting to carry out a manoeuvre, or as a result of non-compliance with law, even though there has been no actual collision; (action pour collision)

  Associate Chief Justice

  Associate Chief Justice[Repealed, 2002, c. 8, s. 15]

  Canadian maritime law

  Canadian maritime law means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty Act, chapter A-1 of the Revised Statutes of Canada, 1970, or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this Act or any other Act of Parliament; (droit maritime canadien)

  Chief Justice

  Chief Justice[Repealed, 2002, c. 8, s. 15]

  Court

  Court[Repealed, 2002, c. 8, s. 15]

  Court of Appeal

  Court of Appeal[Repealed, 2002, c. 8, s. 15]

  Crown

  Crown means Her Majesty in right of Canada; (Couronne)

  federal board, commission or other tribunal

  federal board, commission or other tribunal means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prerogative of the Crown, other than the Tax Court of Canada or any of its judges, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96 of the Constitution Act, 1867; (office fédéral)

  Federal Court of Appeal

  Federal Court of Appeal[Repealed, 2002, c. 8, s. 15]

  final judgment

  final judgment means any judgment or other decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding; (jugement définitif)

  judge

  judge[Repealed, 2002, c. 8, s. 15]

  practice and procedure

  practice and procedure includes evidence relating to matters of practice and procedure; (pratique et procédure)

  property

  property means property of any kind, whether real or personal or corporeal or incorporeal, and, without restricting the generality of the foregoing, includes a right of any kind, a share or a chose in action; (biens)

  Registry

  Registry means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act; (greffe)

  relief

  relief includes every species of relief, whether by way of damages, payment of money, injunction, declaration, restitution of an incorporeal right, return of land or chattels or otherwise; (réparation)

  Rules

  Rules means provisions of law and rules and orders made under section 46; (règles)

  ship

  ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes

  • (a) a ship in the process of construction from the time that it is capable of floating, and

  • (b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. (navire)

  Supreme Court

  Supreme Court[Repealed, 1990, c. 8, s. 1]

  Trial Division

  Trial Division[Repealed, 2002, c. 8, s. 15]

• Marginal note:Senate and House of Commons

  (2) For greater certainty, the expression federal board, commission or other tribunal, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer, the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act, the Parliamentary Protective Service or the Parliamentary Budget Officer.

• Marginal note:Deeming

  (3) Despite subsection (2), the Parliamentary Budget Officer is deemed to be a federal board, commission or other tribunal for the purpose of subsection 18.3(1).

The Courts

Marginal note:Federal Court — Appeal Division continued

3 The division of the Federal Court of Canada called the Federal Court — Appeal Division is continued under the name “Federal Court of Appeal” in English and “Cour d’appel fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.

Marginal note:Federal Court — Trial Division continued

4 The division of the Federal Court of Canada called the Federal Court — Trial Division is continued under the name “Federal Court” in English and “Cour fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.

The Judges

Marginal note:Constitution of Federal Court of Appeal

• 5 (1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 13 other judges.

• Marginal note:Supernumerary judges

  (2) For each office of judge of the Federal Court of Appeal, there is an additional office of supernumerary judge that a judge of the Federal Court of Appeal may elect under the Judges Act to hold.

• Marginal note:Additional office of judge

  (3) For the office of Chief Justice of the Federal Court of Appeal, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold.

• Marginal note:Judges of Federal Court

  (4) Every judge of the Federal Court is, by virtue of his or her office, a judge of the Federal Court of Appeal and has all the jurisdiction, power and authority of a judge of the Federal Court of Appeal.

Marginal note:Constitution of Federal Court

• 5.1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, an associate chief justice called the Associate Chief Justice of the Federal Court and 39 other judges.

• Marginal note:Supernumerary judges

  (2) For each office of judge of the Federal Court, there is an additional office of supernumerary judge that a judge of the Federal Court may elect under the Judges Act to hold.

• Marginal note:Additional office of judge

  (3) For each of the offices of Chief Justice of the Federal Court and Associate Chief Justice of the Federal Court, there is an additional office of judge that the Chief Justice and Associate Chief Justice may elect under the Judges Act to hold.

• Marginal note:Judges of Federal Court of Appeal

  (4) Every judge of the Federal Court of Appeal is, by virtue of that office, a judge of the Federal Court and has all the jurisdiction, power and authority of a judge of the Federal Court.

Marginal note:Appointment of judges

5.2 The judges of the Federal Court of Appeal and the Federal Court are to be appointed by the Governor in Council by letters patent under the Great Seal.

Marginal note:Who may be appointed judge

5.3 A person may be appointed a judge of the Federal Court of Appeal or the Federal Court if the person

• (a) is or has been a judge of a superior, county or district court in Canada;

• (b) is or has been a barrister or advocate of at least 10 years standing at the bar of any province; or

• (c) has, for at least 10 years,

  • (i) been a barrister or advocate at the bar of any province, and

  • (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province.

Marginal note:Judges from Quebec

5.4 At least five of the judges of the Federal Court of Appeal and at least 10 of the judges of the Federal Court must be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.

Marginal note:Rank and precedence

• 6 (1) The Chief Justices of the Federal Court of Appeal and the Federal Court and the other judges of those courts have rank and precedence among themselves in the following order:

  • (a) the Chief Justice of the Federal Court of Appeal;

  • (b) the Chief Justice of the Federal Court;

  • (b.1) the Associate Chief Justice of the Federal Court;

  • (c) the other judges of the Federal Court of Appeal, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court of Appeal; and

  • (d) the other judges of the Federal Court, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court.

• Marginal note:Absence or incapacity of Chief Justice — Federal Court of Appeal

  (2) If the office of Chief Justice of the Federal Court of Appeal is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed by

  • (a) the judge of the Federal Court of Appeal who has been designated for that purpose by the Chief Justice of that Court; or

  • (b) if no judge has been designated under paragraph (a), or if the judge so designated is absent from Canada or is unable or unwilling to act, the senior judge of that court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.

• Marginal note:Absence or incapacity of Chief Justice — Federal Court

  (2.1) If the office of Chief Justice of the Federal Court is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed

  • (a) by the Associate Chief Justice of the Federal Court;

  • (b) if the office of Associate Chief Justice is vacant, or the Associate Chief Justice is absent from Canada or is for any reason unable to act, by a judge of that court designated by the Chief Justice for that purpose; or

  • (c) if no judge has been designated under paragraph (b), or if the judge so designated is absent from Canada or is unable or unwilling to act, by the senior judge of that court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.

Marginal note:Residence of judges

• 7 (1) The judges of the Federal Court of Appeal and the Federal Court shall reside in the National Capital Region described in the schedule to the National Capital Act or within 40 kilometres of that Region.

• Marginal note:Rota of judges

  (2) Notwithstanding subsection (1), the Rules may provide for a rota of judges in order to ensure continuity of judicial availability in any centre where the volume of work or other circumstances make such an arrangement expedient.

• Marginal note:No judge to be away for more than one month

  (3) No judge shall be required under rules made under subsection (2) to remain in any centre other than the National Capital Region for a period longer than one month, unless it becomes necessary to do so to complete the hearing of a cause or matter.

Marginal note:Tenure of office

• 8 (1) Subject to subsection (2), the judges of the Federal Court of Appeal and the Federal Court hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons.

• Marginal note:Cessation of office

  (2) A judge of the Federal Court of Appeal or the Federal Court ceases to hold office on becoming 75 years old.

• Marginal note:Transitional

  (3) A judge who holds office on March 1, 1987 may retire at the age of seventy years.