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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2021-04-05 and last amended on 2019-06-17. Previous Versions

PART 5Applications (continued)

General (continued)

Marginal note:Respondent’s record

  •  (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 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 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;

    • (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.

  • SOR/2004-283, ss. 32, 33
  • SOR/2010-177, s. 5
  • SOR/2013-18, s. 9
  • SOR/2015-21, s. 19

Marginal note:Preparation by Registry

  •  (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

 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

 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

  •  (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.

Marginal note:Pre-hearing conference

 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

 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

 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.

  • SOR/2013-18, s. 10

Marginal note:Summary application under Income Tax Act

  •  (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.

  • Marginal note:Commencing the application

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

  • SOR/2013-18, s. 10

Material in the Possession of a Tribunal

Marginal note:Material from tribunal

  •  (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.

  • SOR/2002-417, s. 19
  • SOR/2006-219, s. 11(F)

Marginal note:Material to be transmitted

  •  (1) Within 20 days after service of a request under rule 317, the tribunal shall transmit

    • (a) a certified copy of the requested material to the Registry and to the party making the request; or

    • (b) where the material cannot be reproduced, the original material to the Registry.

  • Marginal note:Objection by tribunal

    (2) Where a tribunal or party objects to a request under rule 317, the tribunal or the party shall inform all parties and the Administrator, in writing, of the reasons for the objection.

  • Marginal note:Directions as to procedure

    (3) The Court may give directions to the parties and to a tribunal as to the procedure for making submissions with respect to an objection under subsection (2).

  • Marginal note:Order

    (4) The Court may, after hearing submissions with respect to an objection under subsection (2), order that a certified copy, or the original, of all or part of the material requested be forwarded to the Registry.

Marginal note:Return of material

 Unless the Court directs otherwise, after an application has been heard, the Administrator shall return to a tribunal any original material received from it under rule 318.

References from a Tribunal

Definition of reference

  •  (1) In rules 321 to 323, reference means a reference to the Court made by a tribunal or by the Attorney General of Canada under section 18.3 of the Act.

  • Marginal note:Procedures on applications apply

    (2) Subject to rules 321 to 323, rules 309 to 311 apply to references.

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