PART 2Administration of the Court (continued)
Court Records (continued)
Marginal note:Retention period
23.1 The Administrator shall retain all files, annexes — other than the exhibits — and records that are required by these Rules to be kept for the period of time specified in the retention schedule established by the Court.
- SOR/2015-21, s. 4.
Marginal note:Files for notices of motion
24 (1) Where, in respect of an action, application or appeal that has not yet been commenced, a notice of motion for an extension of time, for leave to appeal or for any other order under a statute, rule or other enactment is filed, the notice of motion, any affidavits filed in respect thereof and any order made pursuant to the motion shall be kept in Court files maintained for notices of motion of that category.
Marginal note:Copies on file or annex
(2) If the proceeding is subsequently commenced, a copy of the order and of the other documents related to the motion shall be added to the Court file or annex for the proceeding, as applicable.
- SOR/2015-21, s. 5.
Marginal note:Transmitting paper copies filed at local office
25 When a document is filed in paper copy at a local office, the Administrator shall
(a) transmit that paper copy, without delay, to the principal office;
(b) keep a certified copy of the document at the local office; and
(c) transmit a copy of the document to any other local office where a copy is required for the business of the Court.
- SOR/2015-21, s. 6.
Marginal note:Inspection of files
Marginal note:Removal or deletion of documents
(2) Nothing shall be removed or deleted from a Court file or annex except
Marginal note:Removal of files
(3) Unless otherwise ordered by the Court, no Court file or annex to a Court file shall be removed from the Registry by any person other than
- SOR/2002-417, s. 3;
- SOR/2015-21, s. 7.
Marginal note:Removal of exhibits from file
(2) Subject to subsection (4), exhibits put into evidence shall remain part of the annex to the Court file either
Marginal note:Return of exhibits
(3) On the expiry of the time for appeal or on the disposition of the appeal, the Administrator shall return the exhibits to the respective solicitors or the parties who put the exhibits in evidence.
Marginal note:Return on consent
(4) At any time following judgment, on requisition by the solicitor or party who put an exhibit in evidence or the person who produced it and on the filing of the consent of all parties, the Administrator shall return the exhibit to the person making the requisition.
- SOR/2002-417, s. 4;
- SOR/2015-21, s. 8.
27 (1) If exhibits are not returnable to a party, solicitor or person or have not been claimed by a party, solicitor or person within one year after the expiry of the time for appeal or the disposition of the appeal referred to in subsection 26.1(3), the Administrator may seek directions from the Court as to their disposition.
Marginal note:Disposal of exhibits
(2) The Court may, at the request of the Administrator, order that any exhibits not claimed by, or returnable to, a party, solicitor or other person be vested in Her Majesty in right of Canada or be destroyed.
- SOR/2002-417, s. 5.
Marginal note:Sitting of Court
28 The Court may sit at any time and at any place.
Marginal note:Public hearings
Marginal note:Hearing in camera
(2) On motion, the Court may direct that all or part of a proceeding be heard in camera if it is satisfied that the hearing should not be open to the public.
Marginal note:Orders out of court
(2) On motion, the Court may set aside or vary an order made under paragraph (1)(a) on the ground that a party did not consent to it.
Marginal note:Remote conferencing
32 The Court may order that a hearing be conducted in whole or in part by means of a telephone conference call, video-conference or any other form of electronic communication.
Marginal note:Technological assistance
33 The Court may give directions to facilitate the conduct of a hearing by the use of any electronic or digital means of communication or storage or retrieval of information, or any other technology it considers appropriate.
Marginal note:General Sittings of Trial Division
(a) at Ottawa, every Wednesday and on any other day fixed by the Chief Justice of the Federal Court;
(b) at Toronto and Vancouver, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court;
(c) in Quebec,
(d) in every province other than Ontario, Quebec and British Columbia, at least once per month, on a day and at a place fixed by the Chief Justice of the Federal Court.
(2) General Sittings may be cancelled by the Chief Justice of the Federal Court if no notice of a motion to be presented at the Sittings has been filed
Marginal note:Summer recess
(3) General Sittings during the summer recess will be announced by the Chief Justice of the Federal Court before June 15 each year.
- SOR/2004-283, ss. 33, 34;
- SOR/2013-18, s. 2.
- Date modified: