PART 1Application and Interpretation

Application

1 Except as otherwise provided by the Act or any other Act of Parliament, these Rules apply to all proceedings in the Court.

Interpretation

2 The following definitions apply in these Rules.

Act

Act means the Supreme Court Act. (Loi)

affidavit

affidavit includes an affirmation and a statutory declaration. (affidavit)

agent

agent means a lawyer practising in the National Capital Region within the meaning of the National Capital Act. (correspondant)

application for leave to appeal

application for leave to appeal means an application for leave to appeal referred to in Rule 25 and section 40 of the Act. (demande d’autorisation d’appel)

attorney general

attorney general means the Attorney General of Canada, an attorney general of a province or a minister of Justice of a territory. (procureur général)

authorities

authorities includes legislative enactments, case law, articles and texts, treaties and excerpts from them. (sources)

commissioner for oaths

commissioner for oaths includes any person authorized under federal or provincial legislation or rules of practice, as the case may be, to conduct examinations. (commissaire à l’assermentation)

counsel

counsel means a member of the bar of a province. (procureur)

holiday

holiday means a holiday as defined in the Interpretation Act and includes Saturday. (jour férié)

last known address

last known address means the address that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernière adresse connue)

last known email address

last known email address means the email address that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernière adresse de courriel connue)

last known fax number

last known fax number means the fax number that appears on the most recently filed document, whether it is a document filed in the Court or in the court appealed from, or, if applicable, on the notice of change that was most recently served and filed in accordance with Rule 17.1. (dernier numéro de télécopieur connu)

party

party means a person named in the style of cause in accordance with Rule 22 including any person added or substituted as a party under Rule 18, but where referring to the court appealed from, it means a person who was a party in that court. (partie)

person

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

printing

printing includes reproduction by any means but does not include hand writing. (impression)

proceeding

proceeding means an appeal, application for leave to appeal, motion or reference before the Court, a judge or the Registrar. (procédure)

Where No Provisions

• 3 (1) Whenever these Rules contain no provision for exercising a right or procedure, the Court, a judge or the Registrar may adopt any procedure that is not inconsistent with these Rules or the Act.

• (2) A party may, on motion to a judge or the Registrar, request directions as to the procedure referred to in subrule (1).

Conditions and Proportionality

• 4 (1) Whenever these Rules provide that the Court, a judge or the Registrar may make an order or give a direction, the Court, the judge or the Registrar, as the case may be, may impose any terms and conditions in the order or direction that they consider appropriate.

• (2) In applying these Rules, the Court, a judge or the Registrar shall make orders and give directions that are proportionate to the complexity of the proceeding and the importance of the issues in dispute.

Computation of Time

• 5 (1) The computation of time under these Rules or under an order of the Court, a judge or the Registrar is governed by the Interpretation Act.

• (1.1) If the filing and serving are to be done within a specified number of weeks after a specified day or event, the period is calculated by

  • (a) excluding that day or the day of the event; and

  • (b) including the last day of the last seven-day period.

• (2) A day that is a holiday shall not be included in computing a period of less than six days under these Rules.

• (3) The month of July shall not be included in the computation of time under these Rules except for the service and filing of a notice of intervention under subrule 33(4), a factum, record or book of authorities on an appeal or a cross-appeal under Rules 35 to 37 and a motion for intervention under paragraph 56(b), including any response or reply.

• (4) A day that is a holiday and the month of July shall be included in the computation of time under an order of the Court, a judge or the Registrar.

5.1 Unless otherwise directed by the Court, a judge or the Registrar, and subject to section 58 of the Act, the period beginning on December 23 in a year and ending on January 3 in the following year is not to be included in a computation of time under these Rules for the service and filing of documents, except for the service and filing of a notice of constitutional question under subrule 33(2).

Extension or Abridgment

• 6 (1) The Court, a judge or unless these Rules provide otherwise, the Registrar may, on motion or on their own initiative, extend or abridge a period provided for by these Rules.

• (2) The affidavit in support of a motion for an extension or abridgement of time shall set out the reason for the delay or urgency, as the case may be.

Adjournment

• 7 (1) The Chief Justice or, in his or her absence or at his or her request, any other judge may, on motion or on the judge’s own initiative, adjourn the hearing of any proceeding.

• (2) The affidavit in support of a motion for an adjournment shall set out the facts or reasons for the adjournment.

Dispensing with Compliance

• 8 (1) The Court, a judge or unless these Rules provide otherwise, the Registrar may, on motion or on their own initiative, excuse a party from complying with any of these Rules.

• (2) The Court, a judge or the Registrar may refuse a document that does not comply with these Rules or that has not been served in accordance with these Rules or an order of the Court, a judge or the Registrar.

• (3) Documents that do not comply with these Rules may be excluded from costs upon the order of the Court, a judge or the Registrar.

PART 2Administration of the Court

Business Hours

9 The Registry of the Court shall be open every day except holidays from 8:00 a.m. to 5:00 p.m. local time unless otherwise directed by the Registrar.

Registrar to Keep Records

• 10 (1) The Registrar shall keep all records necessary for documenting the proceedings of the Court.

• (2) For each proceeding, the Registrar shall keep

  • (a) all documents and correspondence, including emails, that are filed in relation to a proceeding before the Court and all correspondence, judgments and orders of the Court that relate to that proceeding and that are delivered to the parties; and

  • (b) an electronic register in which all activities in the proceeding are recorded.

• (3) If only one version of a document is filed, whether printed or electronic, that version shall be the official version. If both printed and electronic versions are filed the printed version shall be the official version unless the Registrar declares otherwise.