Federal Courts Rules (SOR/98-106)

Marginal note:Persons to be included as respondents

• 338 (1) Unless the Court orders otherwise, an appellant shall include as a respondent in an appeal

  • (a) every party in the first instance who is adverse in interest to the appellant in the appeal;

  • (b) any other person required to be named as a party by an Act of Parliament pursuant to which the appeal is brought; and

  • (c) where there are no persons that are included under paragraph (a) or (b), the Attorney General of Canada.

• Marginal note:Substitution for Attorney General

  (2) 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 in an appeal, the Court may substitute another person or body, including a tribunal whose order is being appealed, as a respondent in the place of the Attorney General of Canada.