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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 4Actions (continued)

Simplified Action (continued)

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

PART 5Applications

Application of this Part

Marginal note:Application

 This Part applies to

  • (a) applications for judicial review of administrative action, including applications under section 18.1 or 28 of the Act, unless the Court directs under subsection 18.4(2) of the Act that the application be treated and proceeded with as an action;

  • (b) proceedings required or permitted by or under an Act of Parliament to be brought by application, motion, originating notice of motion, originating summons or petition or to be determined in a summary way, other than applications under subsection 33(1) of the Marine Liability Act;

  • (c) appeals under subsection 14(5) of the Citizenship Act;

  • (d) appeals under section 56 of the Trademarks Act;

  • (e) references from a tribunal under rule 320;

  • (f) requests under the Commercial Arbitration Code brought pursuant to subsection 324(1);

  • (g) proceedings transferred to the Court under subsection 3(3) or 5(3) of the Divorce Act; and

  • (h) applications for registration, recognition or enforcement of a foreign judgment brought under rules 327 to 334.

  • SOR/2002-417, s. 18(E)
  • SOR/2004-283, s. 37
  • 2014, c. 20, s. 366(E)

General

Marginal note:Contents of application

 An application shall be commenced by a notice of application in Form 301, setting out

  • (a) the name of the court to which the application is addressed;

  • (b) the names of the applicant and respondent;

  • (c) where the application is an application for judicial review,

    • (i) the tribunal in respect of which the application is made, and

    • (ii) the date and details of any order in respect of which judicial review is sought and the date on which it was first communicated to the applicant;

  • (d) a precise statement of the relief sought;

  • (e) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on; and

  • (f) a list of the documentary evidence to be used at the hearing of the application.

  • SOR/2004-283, s. 36

Marginal note:Limited to single order

 Unless the Court orders otherwise, an application for judicial review shall be limited to a single order in respect of which relief is sought.

Marginal note:Respondents

  •  (1) Subject to subsection (2), an applicant shall name as a respondent every person

    • (a) directly affected by the order sought in the application, other than a tribunal in respect of which the application is brought; or

    • (b) required to be named as a party under an Act of Parliament pursuant to which the application is brought.

  • Marginal note:Application for judicial review

    (2) Where in an application for judicial review there are no persons that can be named under subsection (1), the applicant shall name the Attorney General of Canada as a respondent.

  • Marginal note:Substitution for Attorney General

    (3) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent after having been named under subsection (2), the Court may substitute another person or body, including the tribunal in respect of which the application is made, as a respondent in the place of the Attorney General of Canada.

Marginal note:Service of notice of application

  •  (1) Unless the Court directs otherwise, within 10 days after the issuance of a notice of application, the applicant shall serve it on

    • (a) all respondents;

    • (b) in respect of an application for judicial review or an application appealing the order of a tribunal,

      • (i) in respect of an application other than one relating to a decision of a visa officer, the tribunal in respect of which the application is brought,

      • (ii) any other person who participated in the proceeding before the tribunal in respect of which the application is made, and

      • (iii) the Attorney General of Canada;

    • (c) where the application is made under the Access to Information Act, Part 1 of the Personal Information Protection and Electronic Documents Act, the Privacy Act or the Official Languages Act, the Commissioner named for the purposes of that Act; and

    • (d) any other person required to be served under an Act of Parliament pursuant to which the application is brought.

  • Marginal note:Motion for directions as to service

    (2) Where there is any uncertainty as to who are the appropriate persons to be served with a notice of application, the applicant may bring an ex parte motion for directions to the Court.

  • Marginal note:Proof of service

    (3) Proof of service of a notice of application shall be filed within 10 days after service of the notice of application.

  • SOR/2004-283, s. 16

Marginal note:Notice of appearance

 A respondent who intends to appear in respect of an application shall, within 10 days after being served with a notice of application, serve and file a notice of appearance in Form 305.

  • SOR/2013-18, s. 7

Marginal note:Applicant’s affidavits

 Within 30 days after issuance of a notice of application, an applicant shall serve its supporting affidavits and documentary exhibits and file proof of service. The affidavits and exhibits are deemed to be filed when the proof of service is filed in the Registry.

  • SOR/2007-301, s. 12(F)
  • SOR/2010-177, s. 3

Marginal note:Respondent’s affidavits

 Within 30 days after service of the applicant’s affidavits, a respondent shall serve its supporting affidavits and documentary exhibits and shall file proof of service. The affidavits and exhibits are deemed to be filed when the proof of service is filed in the Registry.

  • SOR/2007-301, s. 12(F)
  • SOR/2010-177, s. 3

Marginal note:Cross-examinations

 Cross-examination on affidavits must be completed by all parties within 20 days after the filing of the respondent’s affidavits or the expiration of the time for doing so, whichever is earlier.

Marginal note:Applicant’s record

  •  (1) An applicant shall serve and file the applicant’s record within 20 days after the day on which the parties’ cross-examinations are completed or within 20 days after the day on which the time for those cross-examinations is expired, whichever day is earlier.

  • Marginal note:Number of copies

    (1.1) The applicant shall file

    • (a) if the application is brought in the Federal Court, an electronic copy of or three paper copies of the record; and

    • (b) if the application is brought in the Federal Court of Appeal, an electronic copy of or five paper copies of the record.

  • Marginal note:Contents of applicant’s record

    (2) An applicant’s record shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents giving the nature and date of each document in the record;

    • (b) the notice of application;

    • (c) any order in respect of which the application is made and any reasons, including dissenting reasons, given in respect of that order;

    • (d) each supporting affidavit and documentary exhibit;

    • (e) the transcript of any cross-examination on affidavits that the applicant has conducted;

    • (e.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the applicant at the hearing;

    • (f) the portions of any transcript of oral evidence before a tribunal that are to be used by the applicant at the hearing;

    • (g) a description of any physical exhibits to be used by the applicant at the hearing; and

    • (h) the applicant’s memorandum of fact and law.

  • Marginal note:Retention of original affidavits

    (3) If an original affidavit is not filed as part of an applicant’s record, it shall be retained by the applicant for one year after the expiry of all appeal periods.

  • SOR/2004-283, ss. 32, 33
  • SOR/2006-219, s. 10
  • SOR/2010-177, s. 4
  • SOR/2013-18, s. 8
  • SOR/2015-21, s. 18
 
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