Rules of the Supreme Court of Canada (SOR/2002-156)

AMENDMENTS NOT IN FORCE

• — SOR/2024-73, s. 1

  • • 1 (1) The definition person in rule 2 of the Rules of the Supreme Court of CanadaFootnote ¹ is replaced by the following:

      • Return to footnote ¹SOR/2002-156

      person

      person includes a body politic or corporate, His Majesty the King and an attorney general. (personne)

    • (2) Rule 2 of the Rules is amended by adding the following in alphabetical order:

      electronic filing portal

      electronic filing portal means the electronic filing portal on the Court’s website or on any other website specified in a direction given by the Court. (portail de dépôt électronique)

• — SOR/2024-73, s. 2

  • 2 Rule 14 of the Rules is replaced by the following:

    • • 14 (1) In the case of an application for leave to appeal, an appeal referred to in paragraph 33(1)(b) or (c) or an originating motion, any party — other than an individual — must file with the Registrar a notice of name in Form 14 to confirm its name in each of the official languages or to certify that it does not have a bilingual name.

      • (2) A party that has filed a notice of name may request that the Registrar consider the notice as permanent so that it will be applied to all other matters before the Court involving that party. Any changes that affect the notice of name must be submitted in writing to the Registrar.

• — SOR/2024-73, s. 3

  • • 3 (1) Subrule 19(1) of the Rules is replaced by the following:

      • • 19 (1) Subject to subrule (1.1), a document — including a document that these Rules require to be bound — may be filed with the Registrar

          • (a) through the electronic filing portal;

          • (b) by fax transmission or email;

          • (c) by hand delivery; or

          • (d) by mail or courier.

        • (1.1) The documents referred to in subrules 19.1(1) and (2) must be filed with the Registrar by hand delivery, mail or courier.

    • (2) Subrules 19(4) and (5) of the Rules are replaced by the following:

      • (3.1) A document that is filed through the electronic filing portal, by fax transmission or by email is deemed to have been filed on the day on which it is received, unless that day is a holiday, in which case the document is deemed to have been filed on the following day that is not a holiday.

      • (3.2) In the case of a document that is filed through the electronic filing portal, by fax transmission or by email, the time of its receipt by the Registrar is that time in the Eastern time zone.

      • (4) A document that is filed by fax transmission or email must include a cover page that meets the requirements of subrule 20(3) or the information referred to in paragraphs 20(3.1)(a), (b), (d) and (e), as the case may be.

      • (5) Within five business days after the day on which a document, other than correspondence referred to in subrule (7), is filed through the electronic filing portal, by fax transmission or by email, the original and the required copies of the document must be bound, if applicable, and must be filed by hand delivery, mail or courier.

• — SOR/2024-73, s. 4

  • • 4 (1) Subrule 20(4) of the Rules is replaced by the following:

      • (4) Subject to subrule (5), a document is deemed to have been served on the day on which it is received or is admitted to have been received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been served on the following day that is not a holiday.

    • (2) Paragraph 20(8)(d) of the Rules is replaced by the following:

      • (d) if service is made by email, an affidavit of service in Form 20 annexing a copy of the email referred to in subrule (3.1) and a copy of the read receipt, the delivery receipt or the confirmation by the party served that the service was effected electronically;

• — SOR/2024-73, s. 5

  • • 5 (1) The portion of rule 37 of the Rules before paragraph (a) is replaced by the following:

      • • 37 (1) Within the time limit set out in subrule (2), the intervener must

    • (2) Rule 37 of the Rules is amended by adding the following after subrule (1):

      • (2) The documents must be served and filed

        • (a) in the case of an intervener referred to in subparagraph 22(3)(c)(ii), within six weeks after the making of the order granting an intervention, unless otherwise specified in that order;

        • (b) in the case of an intervener referred to in subparagraph 22(3)(c)(i) or (iv), within six weeks after the service of the appellant’s factum; or

        • (c) in the case of an intervener referred to in subparagraph 22(3)(c)(iii), within 16 weeks after the filing of a notice of intervention under subrule 33(4).

• — SOR/2024-73, s. 6

  • 6 Subrule 42(2.1) of the Rules is replaced by the following:

    • (2.1) If they are required by law to be published in both official languages, the relevant provisions of any legislative enactments referred to in paragraph (2)(g) must be listed, and hyperlinks provided, if available, in both official languages.

• — SOR/2024-73, s. 7

  • • 7 (1) Subrule 45(1) of the Rules is replaced by the following:

      • • 45 (1) A party at the hearing of the appeal must provide all other parties with a copy of a bound single condensed book containing the excerpts from the record and book of authorities that that party will refer to in oral argument and must file 14 copies with the Registrar.

    • (2) Subrule 45(1.1) of the Rules is replaced by the following:

      • (1.1) The condensed book must contain an outline of the oral argument of no longer than two pages that relates to the contents of the condensed book and does not constitute a supplementary factum.

• — SOR/2024-73, s. 8

  • 8 Subrule 47(1) of the Rules is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

• — SOR/2024-73, s. 9

  • 9 Subrule 71(4) of the Rules is replaced by the following:

    • (4) The name of counsel appearing before the Court must be given in writing to the Registrar at least four weeks before the appeal is to be heard.

• — SOR/2024-73, s. 10

  • 10 Form 14 of the Rules is replaced by the following:

    FORM 14Subrule 14(1)Notice of Name
    
    (Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))
    

    TAKE NOTICE that (name), (party), confirms its name in each of the official languages:

    (Set out the name of the party in both official languages)

    OR

    TAKE NOTICE that (name), (party), certifies that it does not have a bilingual name.

    Dated at (place), (province or territory) this (date) day of (month), (year).

    SIGNED BY (signature of counsel, agent or party filing notice)

    Counsel or party filing notice (Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

    Agent (Agent’s name, address and telephone number, and fax number and email address (if any))

    ORIGINAL TO: THE REGISTRAR

    COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party)

• — SOR/2024-73, s. 11

  • 11 Paragraph (e) of Form 20 of the Rules is replaced by the following:

    • (e) email (annex a copy of the email referred to in subrule 20(3.1) and a copy of the read receipt, the delivery receipt or the confirmation by the party served that service was effected electronically); or

• — SOR/2024-73, s. 12

  • 12 Form 83B of the Rules is amended by replacing “Disbursements and applicable tax” with “Disbursements”.

• — SOR/2024-73, s. 13

  • 13 Item 1 of Schedule A to the Rules is repealed.

• — SOR/2024-73, s. 14

  • 14 Item 1 of Part 1 of Schedule B to the Rules is amended by adding the following after paragraph (c):

    • (d) preparation of the electronic version of an application for leave to appeal, an application for leave to cross-appeal, a response or a reply, per page $0.30

• — SOR/2024-73, s. 15

  • 15 Item 2 of Part 1 of Schedule B to the Rules is amended by adding the following after paragraph (c):

    • (d) preparation of the electronic version of a motion book, a response or a reply, per page $0.30

• — SOR/2024-73, s. 16

  • 16 The portion of Part 2 of Schedule B to the Rules before item 1 is replaced by the following:

    The following disbursements shall be taxed at the Registrar’s discretion:

• — SOR/2024-73, s. 17

  • 17 Item 2 of Part 2 of Schedule B to the Rules is replaced by the following:

    • 2 A reasonable amount for reproducing documents required to be filed with the Court in accordance with a receipt from the service provider that itemizes the services rendered. The amount must not include counsel’s fees already claimed for the preparation of the printed or electronic version of any document referred to in Part 1. Documents reproduced in-house or not supported by an itemized receipt will be taxed at $0.25 per page.

• — SOR/2024-73, s. 18

  • 18 Item 5 of Part 2 of Schedule B to the Rules is replaced by the following:

    • 5 All other itemized and detailed disbursements reasonably incurred, except disbursements incurred for electronic legal research. The disbursements must not include fees referred to in Part 1. Detailed and itemized receipts are required for amounts claimed over $50.

• — SOR/2024-73, s. 19

  • 19 The French version of the Rules is amended by replacing “rédaction” with “préparation” in the following provisions:

    • (a) paragraph 1(c) of Part 1 of Schedule B;

    • (b) paragraph 2(c) of Part 1 of Schedule B; and

    • (c) paragraph 3(c) of Part 1 of Schedule B.