Federal Courts Rules (SOR/98-106)

General

Marginal note:Contents of application

301 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.

Marginal note:Limited to single order

302 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

• 303 (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

• 304 (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.

Marginal note:Notice of appearance

305 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.

Marginal note:Applicant’s affidavits

306 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.

Marginal note:Respondent’s affidavits

307 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.

Marginal note:Cross-examinations

308 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

• 309 (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, subject to rule 72.4, three paper copies of the record; and

  • (b) if the application is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, 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.

Marginal note:Respondent’s record

• 310 (1) A respondent to an application shall, within 20 days after service of the applicant’s record, serve and file the respondent’s record.

• Marginal note:Number of copies

  (1.1) The respondent shall file

  • (a) if the application is brought in the Federal Court, an electronic copy of or, subject to rule 72.4, three paper copies of the record; and

  • (b) if the application is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, five paper copies of the record.

• Marginal note:Contents of respondent’s record

  (2) The record of a respondent 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) each supporting affidavit and documentary exhibit;

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

  • (c.1) any material that has been certified by a tribunal and transmitted under rule 318 that is to be used by the respondent at the hearing and that is not contained in the applicant’s record in accordance with paragraph 309(2)(e.1);

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

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

  • (f) the respondent’s memorandum of fact and law.

• Marginal note:Retention of original affidavits

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

Marginal note:Preparation by Registry

• 311 (1) On motion, the Court may order the Administrator to prepare a record on a party’s behalf.

• Marginal note:Documents to be provided

  (2) A party bringing a motion for an order under subsection (1) shall provide the Administrator with the documents referred to in subsection 309(2) or 310(2), as the case may be.

Marginal note:Additional steps

312 With leave of the Court, a party may

• (a) file affidavits additional to those provided for in rules 306 and 307;

• (b) conduct cross-examinations on affidavits additional to those provided for in rule 308; or

• (c) file a supplementary record.

Marginal note:Requirement to file additional material

313 Where the Court considers that the application records of the parties are incomplete, the Court may order that other material, including any portion of a transcript, be filed.

Marginal note:Requisition for hearing

• 314 (1) An applicant shall, within 10 days after service of the respondent’s record or the expiration of the time for doing so, whichever is earlier, serve and file a requisition, in Form 314, requesting that a date be set for the hearing of the application.

• Marginal note:Contents of requisition

  (2) A requisition referred to in subsection (1) shall

  • (a) include a statement that the requirements of subsection 309(1) have been satisfied and that any notice required under section 57 of the Act has been given;

  • (b) set out the place at which the hearing should be held;

  • (c) set out the maximum number of hours or days required for the hearing;

  • (d) list any dates within the following 90 days on which the parties are not available for a hearing;

  • (e) set out the name, address, telephone number and fax number of the solicitor for every party to the application or, where a party is not represented by a solicitor, the person’s name, address, telephone number and any fax number; and

  • (f) indicate whether the hearing will be in English or French, or partly in English and partly in French, and whether the materials in the requisition for hearing file will be in English or French, or partly in English and partly in French.

Marginal note:Pre-hearing conference

315 The Court may order that a conference be held in accordance with rules 258 to 267, with such modifications as are necessary.

Marginal note:Testimony regarding issue of fact

316 On motion, the Court may, in special circumstances, authorize a witness to testify in court in relation to an issue of fact raised in an application.

Exceptions to General Procedure

Marginal note:Ex parte proceedings

316.1 Despite rules 304, 306, 309 and 314, for a proceeding referred to in paragraph 300(b) that is brought ex parte,

• (a) the notice of application, the applicant’s record, affidavits and documentary exhibits and the requisition for hearing are not required to be served; and

• (b) the applicant’s record and the requisition for hearing must be filed at the time the notice of application is filed.

Marginal note:Summary application under Income Tax Act or Excise Tax Act

• 316.2 (1) Except for rule 359, the procedures set out in Part 7 apply, with any modifications that are required, to a summary application brought under section 231.7 of the Income Tax Act or section 289.1 of the Excise Tax Act.

• Marginal note:Commencing the application

  (2) The application shall be commenced by a notice of summary application in Form 316.2.

Material in the Possession of a Tribunal

Marginal note:Material from tribunal

• 317 (1) A party may request material relevant to an application that is in the possession of a tribunal whose order is the subject of the application and not in the possession of the party by serving on the tribunal and filing a written request, identifying the material requested.

• Marginal note:Request in notice of application

  (2) An applicant may include a request under subsection (1) in its notice of application.

• Marginal note:Service of request

  (3) If an applicant does not include a request under subsection (1) in its notice of application, the applicant shall serve the request on the other parties.