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

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.

Marginal note:Oath of office for judges

• 9 (1) Before judges of the Federal Court of Appeal or the Federal Court begin to perform their duties as judges, they shall take an oath that they will duly and faithfully execute their powers and trusts as judges to the best of their skill and knowledge.

• Marginal note:How administered — Federal Court of Appeal

  (2) The oath shall be administered to the Chief Justice of the Federal Court of Appeal before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.

• Marginal note:How administered — Federal Court

  (3) The oath shall be administered to the Chief Justice of the Federal Court before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.

Marginal note:Deputy judges of the Federal Court of Appeal

• 10 (1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court of Appeal made with the approval of the Governor in Council, act as a judge of the Federal Court of Appeal, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court.

• Marginal note:Deputy judges of the Federal Court

  (1.1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court made with the approval of the Governor in Council, act as a judge of the Federal Court, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court.

• Marginal note:Consent required

  (2) No request may be made under subsection (1) or (1.1) to a judge of a superior, county or district court in a province without the consent of the chief justice or chief judge of the court of which he or she is a member, or of the attorney general of the province.

• Marginal note:Approval of Governor in Council

  (3) The Governor in Council may approve the making of requests under subsection (1) or (1.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section.

• Marginal note:Salary of deputy judge

  (4) A person who acts as a judge of a court under subsection (1) or (1.1) shall be paid a salary for the period that the judge acts, at the rate fixed by the Judges Act for a judge of the court other than the Chief Justice and the Associate Chief Justice of the court, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act.

Marginal note:Meetings

10.1 The judges of the Federal Court of Appeal shall meet at least once in each year, on a day fixed by the Chief Justice of the court, in order to consider this Act, the Rules and the administration of justice, as shall the judges of the Federal Court on a day fixed by the Chief Justice of that court.

Barristers, Advocates, Attorneys and Solicitors

Marginal note:Barrister or advocate

• 11 (1) Every person who is a barrister or an advocate in a province may practise as a barrister or an advocate in the Federal Court of Appeal or the Federal Court.

• Marginal note:Attorney or solicitor

  (2) Every person who is an attorney or a solicitor in a superior court of a province may practise as an attorney or a solicitor in the Federal Court of Appeal or the Federal Court.

• Marginal note:Officers of court

  (3) Every person who may practise as a barrister, an advocate, an attorney or a solicitor in the Federal Court of Appeal or the Federal Court is an officer of that Court.

Associate Judges

Marginal note:Associate judges

• 12 (1) The Governor in Council may appoint as associate judges of the Federal Court any fit and proper persons who are barristers or advocates in a province and who are, in the opinion of the Governor in Council, necessary for the efficient performance of the work of that court that, under the Rules, is to be performed by them.

• Marginal note:Number of associate judges

  (2) The Governor in Council may, by regulation, fix the number of associate judges that may be appointed under subsection (1).

• Marginal note:Supernumerary associate judges

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

• Marginal note:Powers and duties

  (3) The powers, duties and functions of the associate judges shall be determined by the Rules.

• Marginal note:Salary, allowances and annuities

  (4) Each associate judge shall be paid a salary, and the allowances and annuities, provided for under the Judges Act.

• Marginal note:Workload — supernumerary associate judges

  (5) The Governor in Council may, by regulation, fix the workload of a supernumerary associate judge as a percentage of the workload of an associate judge.

• Marginal note:Immunity from liability

  (6) An associate judge shall have the same immunity from liability as a judge of the Federal Court.

• Marginal note:Term of office

  (7) An associate judge shall hold office during good behaviour but may be removed by the Governor in Council for cause.

• Marginal note:Cessation of office

  (8) An associate judge, whether appointed before or after the coming into force of this subsection, shall cease to hold office on becoming 75 years old.

Sheriffs and Marshals

Marginal note:Sheriff

• 13 (1) The Governor in Council may appoint a sheriff of the Federal Court of Appeal and of the Federal Court for any geographical area.

• Marginal note:Ex officio sheriffs

  (2) If no sheriff is appointed under subsection (1) for a court for a geographical area, the sheriff and deputy sheriffs of the county or other judicial division or part of the county within that geographical area who are appointed under provincial law are ex officio sheriff and deputy sheriffs, respectively, of the Federal Court of Appeal and of the Federal Court.

• Marginal note:Deputy sheriff

  (3) The Rules may provide for the appointment of deputy sheriffs.

• Marginal note:Sheriffs are marshals

  (4) Every sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a marshal of that court and every deputy sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a deputy marshal of that court.

Judicial Administrators

Marginal note:Designation

• 14 (1) The Chief Justice of the Federal Court of Appeal may designate an employee of the Service as the Judicial Administrator of the Federal Court of Appeal, and the Chief Justice of the Federal Court may designate an employee of the Courts Administration Service as the Judicial Administrator of the Federal Court.

• Marginal note:Duties — Federal Court of Appeal

  (2) The Judicial Administrator of the Federal Court of Appeal shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including

  • (a) the making of an order fixing the time and place of a hearing, or adjourning a hearing;

  • (b) arranging for the distribution of judicial business in the court; and

  • (c) arranging from time to time for the establishment of any panels of judges of the court that are necessary.

• Marginal note:Duties — Federal Court

  (3) The Judicial Administrator of the Federal Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including

  • (a) the making of an order fixing the time and place of a trial or hearing, or adjourning a trial or hearing; and

  • (b) arranging for the distribution of judicial business in the court.

• Marginal note:Revocation of designation

  (4) A designation made under subsection (1) may be revoked at any time and is automatically revoked when the Chief Justice by whom it was made ceases to hold office as Chief Justice.

Organization of Work

Marginal note:Sittings of the Federal Court

• 15 (1) Subject to the Rules, any judge of the Federal Court may sit and act at any time and at any place in Canada for the transaction of the business of the court or any part of it and, when a judge so sits or acts, the judge constitutes the court.

• Marginal note:Arrangements to be made by Chief Justice of the Federal Court

  (2) Subject to the Rules, the Chief Justice of the Federal Court shall make all arrangements that may be necessary or proper for the holding of courts, or otherwise for the transaction of business of the Federal Court, and the arrangements from time to time of judges to hold the courts or to transact that business.

• Marginal note:Hearings in different places

  (3) The trial or hearing of any matter in the Federal Court may, by order of that court, take place partly at one place and partly at another.

Marginal note:Sittings of the Federal Court of Appeal

• 16 (1) Except as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the Federal Court of Appeal, and every application for judicial review or reference to that court, shall be heard in that court before not fewer than three judges sitting together and always before an uneven number of judges. Otherwise, the business of the Federal Court of Appeal shall be dealt with by such judge or judges as the Chief Justice of that court may arrange.

• Marginal note:Arrangements to be made by Chief Justice of the Federal Court of Appeal

  (2) The Chief Justice of the Federal Court of Appeal shall designate the judges to sit from time to time and the appeals or matters to be heard by them.

• Marginal note:Place of sittings

  (3) The place of each sitting of the Federal Court of Appeal shall be arranged by the Chief Justice of that court to suit, as nearly as may be, the convenience of the parties.

• Marginal note:No judge to hear appeal from own judgment

  (4) A judge shall not sit on the hearing of an appeal from a judgment he or she has pronounced.

• Marginal note:Chief Justice of Federal Court of Appeal to preside

  (5) The Chief Justice of the Federal Court of Appeal, when present at any sittings of that court, shall preside and, in the absence of the Chief Justice, the senior judge of that court who is present shall preside.

Jurisdiction of Federal Court

Marginal note:Relief against the Crown

• 17 (1) Except as otherwise provided in this Act or any other Act of Parliament, the Federal Court has concurrent original jurisdiction in all cases in which relief is claimed against the Crown.

• Marginal note:Cases

  (2) Without restricting the generality of subsection (1), the Federal Court has concurrent original jurisdiction, except as otherwise provided, in all cases in which

  • (a) the land, goods or money of any person is in the possession of the Crown;

  • (b) the claim arises out of a contract entered into by or on behalf of the Crown;

  • (c) there is a claim against the Crown for injurious affection; or

  • (d) the claim is for damages under the Crown Liability and Proceedings Act.

• Marginal note:Crown and subject: consent to jurisdiction

  (3) The Federal Court has exclusive original jurisdiction to hear and determine the following matters:

  • (a) the amount to be paid if the Crown and any person have agreed in writing that the Crown or that person shall pay an amount to be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada; and

  • (b) any question of law, fact or mixed law and fact that the Crown and any person have agreed in writing shall be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada.

• Marginal note:Conflicting claims against Crown

  (4) The Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims.

• Marginal note:Relief in favour of Crown or against officer

  (5) The Federal Court has concurrent original jurisdiction

  • (a) in proceedings of a civil nature in which the Crown or the Attorney General of Canada claims relief; and

  • (b) in proceedings in which relief is sought against any person for anything done or omitted to be done in the performance of the duties of that person as an officer, servant or agent of the Crown.

• Marginal note:Federal Court has no jurisdiction

  (6) If an Act of Parliament confers jurisdiction in respect of a matter on a court constituted or established by or under a law of a province, the Federal Court has no jurisdiction to entertain any proceeding in respect of the same matter unless the Act expressly confers that jurisdiction on that court.