F-7

An Act respecting the Federal Court of Appeal and the Federal Court

1. This Act may be cited as the Federal Courts Act.

R.S., 1985, c. F-7, s. 1; 2002, c. 8, s. 14.

2. (1) In this Act,

“action for collision” includes an action for damage caused by one or more ships to another ship or ships or to property or persons on board another ship or ships as a result of carrying out or omitting to carry out a manoeuvre, or as a result of non-compliance with law, even though there has been no actual collision;

“Associate Chief Justice”[Repealed, 2002, c. 8, s. 15]

“Canadian maritime law” means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty Act, chapter A-1 of the Revised Statutes of Canada, 1970, or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this Act or any other Act of Parliament;

“Chief Justice”[Repealed, 2002, c. 8, s. 15]

“Court”[Repealed, 2002, c. 8, s. 15]

“Court of Appeal”[Repealed, 2002, c. 8, s. 15]

“Crown” means Her Majesty in right of Canada;

  “federal board, commission or other tribunal” means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prerogative of the Crown, other than the Tax Court of Canada or any of its judges, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96 of the Constitution Act, 1867 ;

“Federal Court of Appeal”[Repealed, 2002, c. 8, s. 15]

“final judgment” means any judgment or other decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding;

“judge”[Repealed, 2002, c. 8, s. 15]

“laws of Canada” has the same meaning as those words have in section 101 of the Constitution Act, 1867;

“practice and procedure” includes evidence relating to matters of practice and procedure;

“property” means property of any kind, whether real or personal or corporeal or incorporeal, and, without restricting the generality of the foregoing, includes a right of any kind, a share or a chose in action;

  “Registry” means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act  for the purposes of this Act;

“relief” includes every species of relief, whether by way of damages, payment of money, injunction, declaration, restitution of an incorporeal right, return of land or chattels or otherwise;

“Rules” means provisions of law and rules and orders made under section 46;

“ship” means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes

(a) a ship in the process of construction from the time that it is capable of floating, and

(b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up.

“Supreme Court”[Repealed, 1990, c. 8, s. 1]

“Trial Division”[Repealed, 2002, c. 8, s. 15]

(2) For greater certainty, the expression “federal board, commission or other tribunal”, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act.

R.S., 1985, c. F-7, s. 2; 1990, c. 8, s. 1; 2001, c. 6, s. 115; 2002, c. 8, s. 15; 2004, c. 7, ss. 7, 38; 2006, c. 9, ss. 5, 38.

3. The division of the Federal Court of Canada called the Federal Court — Appeal Division is continued under the name "Federal Court of Appeal" in English and "Cour d'appel fédérale" in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.

R.S., 1985, c. F-7, s. 3; 1993, c. 34, s. 68(F); 2002, c. 8, s. 16.

4. The division of the Federal Court of Canada called the Federal Court — Trial Division is continued under the name "Federal Court" in English and "Cour fédérale" in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.

R.S., 1985, c. F-7, s. 4; 2002, c. 8, s. 16.

5. (1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 12 other judges.

(2) For each office of judge of the Federal Court of Appeal, there is an additional office of supernumerary judge that a judge of the Federal Court of Appeal may elect under the Judges Act to hold.

(3) For the office of Chief Justice of the Federal Court of Appeal, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold.

(4) Every judge of the Federal Court is, by virtue of his or her office, a judge of the Federal Court of Appeal and has all the jurisdiction, power and authority of a judge of the Federal Court of Appeal.

R.S., 1985, c. F-7, s. 5; R.S., 1985, c. 41 (1st Supp.), s. 11; 1992, c. 49, s. 127; 1996, c. 22, s. 1; 2001, c. 41, ss. 95, 144; 2002, c. 8, s. 16.

5.1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, and 32 other judges.

(2) For each office of judge of the Federal Court, there is an additional office of supernumerary judge that a judge of the Federal Court may elect under the Judges Act to hold.

(3) For the office of Chief Justice of the Federal Court, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold.

(4) Every judge of the Federal Court of Appeal is, by virtue of that office, a judge of the Federal Court and has all the jurisdiction, power and authority of a judge of the Federal Court.

2001, c. 41, s. 144; 2002, c. 8, s. 16.

5.2 The judges of the Federal Court of Appeal and the Federal Court are to be appointed by the Governor in Council by letters patent under the Great Seal.

2002, c. 8, s. 16.

5.3 A person may be appointed a judge of the Federal Court of Appeal or the Federal Court if the person

( a) is or has been a judge of a superior, county or district court in Canada;

( b) is or has been a barrister or advocate of at least 10 years standing at the bar of any province; or

( c) has, for at least 10 years,

(i) been a barrister or advocate at the bar of any province, and

(ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province.

2002, c. 8, s. 16.

5.4 At least five of the judges of the Federal Court of Appeal and at least 10 of the judges of the Federal Court must be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.

2002, c. 8, s. 16; 2006, c. 11, s. 20.

6. (1) The Chief Justices of the Federal Court of Appeal and the Federal Court and the other judges of those courts have rank and precedence among themselves in the following order:

( a) the Chief Justice of the Federal Court of Appeal;

( b) the Chief Justice of the Federal Court;

( c) the other judges of the Federal Court of Appeal, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court of Appeal; and

( d) the other judges of the Federal Court, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court.

(2) If the office of Chief Justice of the Federal Court of Appeal or the office of the Chief Justice of the Federal Court is vacant, or the Chief Justice of either court is absent from Canada or is for any reason unable or unwilling to act, the powers and duties of the Chief Justice shall be exercised and performed by

(a) the judge of the Federal Court of Appeal or of the Federal Court, as the case may be, who has been designated for that purpose by the Chief Justice of that Court; or

(b) if no judge has been so designated, or if the judge so designated is absent from Canada or is unable or unwilling to act, the senior judge of the same court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.

R.S., 1985, c. F-7, s. 6; 2002, c. 8, s. 16; 2006, c. 11, s. 21.

7. (1) The judges of the Federal Court of Appeal and the Federal Court shall reside in the National Capital Region described in the schedule to the National Capital Act or within 40 kilometres of that Region.

(2) Notwithstanding subsection (1), the Rules may provide for a rota of judges in order to ensure continuity of judicial availability in any centre where the volume of work or other circumstances make such an arrangement expedient.

(3) No judge shall be required under rules made under subsection (2) to remain in any centre other than the National Capital Region for a period longer than one month, unless it becomes necessary to do so to complete the hearing of a cause or matter.

R.S., 1985, c. F-7, s. 7; 2002, c. 8, s. 17; 2006, c. 11, s. 22(E).

8. (1) Subject to subsection (2), the judges of the Federal Court of Appeal and the Federal Court hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons.

(2) A judge of the Federal Court of Appeal or the Federal Court ceases to hold office on becoming 75 years old.

(3) A judge who holds office on March 1, 1987 may retire at the age of seventy years.

R.S., 1985, c. F-7, s. 8; R.S., 1985, c. 16 (3rd Supp.), s. 7; 2002, c. 8, s. 18.

9. (1) Before judges of the Federal Court of Appeal or the Federal Court begin to perform their duties as judges, they shall take an oath that they will duly and faithfully execute their powers and trusts as judges to the best of their skill and knowledge.

(2) The oath shall be administered to the Chief Justice of the Federal Court of Appeal before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.

(3) The oath shall be administered to the Chief Justice of the Federal Court before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.

R.S., 1985, c. F-7, s. 9; 2002, c. 8, s. 19.

10. (1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court of Appeal made with the approval of the Governor in Council, act as a judge of the Federal Court of Appeal, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court.

(1.1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court made with the approval of the Governor in Council, act as a judge of the Federal Court, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court.

(2) No request may be made under subsection (1) or (1.1) to a judge of a superior, county or district court in a province without the consent of the chief justice or chief judge of the court of which he or she is a member, or of the attorney general of the province.

(3) The Governor in Council may approve the making of requests under subsection (1) or (1.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section.

(4) A person who acts as a judge of a court under subsection (1) or (1.1) shall be paid a salary for the period that the judge acts, at the rate fixed by the Judges Act for a judge of the court other than the Chief Justice of the court, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act.

R.S., 1985, c. F-7, s. 10; 2002, c. 8, s. 19.

10.1 The judges of the Federal Court of Appeal shall meet at least once in each year, on a day fixed by the Chief Justice of the court, in order to consider this Act, the Rules and the administration of justice, as shall the judges of the Federal Court on a day fixed by the Chief Justice of that court.

2002, c. 8, s. 19.

11. (1) Every person who is a barrister or an advocate in a province may practise as a barrister or an advocate in the Federal Court of Appeal or the Federal Court.

(2) Every person who is an attorney or a solicitor in a superior court of a province may practise as an attorney or a solicitor in the Federal Court of Appeal or the Federal Court.

(3) Every person who may practise as a barrister, an advocate, an attorney or a solicitor in the Federal Court of Appeal or the Federal Court is an officer of that Court.

R.S., 1985, c. F-7, s. 11; 2002, c. 8, s. 19.

12. (1) The Governor in Council may appoint as prothonotaries of the Federal Court any fit and proper persons who are barristers or advocates in a province and who are, in the opinion of the Governor in Council, necessary for the efficient performance of the work of that court that, under the Rules, is to be performed by them.

(2) [Repealed, 2006, c. 11, s. 23]

(3) The powers, duties and functions of the prothonotaries shall be determined by the Rules.

(4) Each prothonotary shall be paid a salary to be fixed by the Governor in Council.

(5) For the purposes of the Public Service Superannuation Act, a prothonotary shall be deemed to be employed in the public service.

(6) A prothonotary shall have the same immunity from liability as a judge of the Federal Court.

(7) A prothonotary shall hold office during good behaviour but may be removed by the Governor in Council for cause.

(8) A prothonotary, whether appointed before or after the coming into force of this subsection, shall cease to hold office on becoming 75 years old.

R.S., 1985, c. F-7, s. 12; 2002, c. 8, s. 20; 2003, c. 22, ss. 225(E), 263; 2006, c. 11, s. 23.

13. (1) The Governor in Council may appoint a sheriff of the Federal Court of Appeal and of the Federal Court for any geographical area.

(2) If no sheriff is appointed under subsection (1) for a court for a geographical area, the sheriff and deputy sheriffs of the county or other judicial division or part of the county within that geographical area who are appointed under provincial law are ex officio sheriff and deputy sheriffs, respectively, of the Federal Court of Appeal and of the Federal Court.

(3) The Rules may provide for the appointment of deputy sheriffs.

(4) Every sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a marshal of that court and every deputy sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a deputy marshal of that court.

R.S., 1985, c. F-7, s. 13; 2002, c. 8, s. 21.

14. (1) The Chief Justice of the Federal Court of Appeal may designate an employee of the Service as the Judicial Administrator of the Federal Court of Appeal, and the Chief Justice of the Federal Court may designate an employee of the Courts Administration Service as the Judicial Administrator of the Federal Court.

(2) The Judicial Administrator of the Federal Court of Appeal shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including

( a) the making of an order fixing the time and place of a hearing, or adjourning a hearing;

(b) arranging for the distribution of judicial business in the court; and

( c) arranging from time to time for the establishment of any panels of judges of the court that are necessary.

(3) The Judicial Administrator of the Federal Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including

( a) the making of an order fixing the time and place of a trial or hearing, or adjourning a trial or hearing; and

( b) arranging for the distribution of judicial business in the court.

(4) A designation made under subsection (1) may be revoked at any time and is automatically revoked when the Chief Justice by whom it was made ceases to hold office as Chief Justice.

R.S., 1985, c. F-7, s. 14; 2002, c. 8, s. 22.

15. (1) Subject to the Rules, any judge of the Federal Court may sit and act at any time and at any place in Canada for the transaction of the business of the court or any part of it and, when a judge so sits or acts, the judge constitutes the court.

(2) Subject to the Rules, the Chief Justice of the Federal Court shall make all arrangements that may be necessary or proper for the holding of courts, or otherwise for the transaction of business of the Federal Court, and the arrangements from time to time of judges to hold the courts or to transact that business.

(3) The trial or hearing of any matter in the Federal Court may, by order of that court, take place partly at one place and partly at another.

R.S., 1985, c. F-7, s. 15; 2002, c. 8, s. 23.

16. (1) Except as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the Federal Court of Appeal, and every application for judicial review or reference to that court, shall be heard in that court before not fewer than three judges sitting together and always before an uneven number of judges. Otherwise, the business of the Federal Court of Appeal shall be dealt with by such judge or judges as the Chief Justice of that court may arrange.

(2) The Chief Justice of the Federal Court of Appeal shall designate the judges to sit from time to time and the appeals or matters to be heard by them.

(3) The place of each sitting of the Federal Court of Appeal shall be arranged by the Chief Justice of that court to suit, as nearly as may be, the convenience of the parties.

(4) A judge shall not sit on the hearing of an appeal from a judgment he or she has pronounced.

(5) The Chief Justice of the Federal Court of Appeal, when present at any sittings of that court, shall preside and, in the absence of the Chief Justice, the senior judge of that court who is present shall preside.

R.S., 1985, c. F-7, s. 16; 1990, c. 8, s. 2; 2002, c. 8, s. 23.

17. (1) Except as otherwise provided in this Act or any other Act of Parliament, the Federal Court has concurrent original jurisdiction in all cases in which relief is claimed against the Crown.

(2) Without restricting the generality of subsection (1), the Federal Court has concurrent original jurisdiction, except as otherwise provided, in all cases in which

( a) the land, goods or money of any person is in the possession of the Crown;

( b) the claim arises out of a contract entered into by or on behalf of the Crown;

( c) there is a claim against the Crown for injurious affection; or

( d) the claim is for damages under the Crown Liability and Proceedings Act.

(3) The Federal Court has exclusive original jurisdiction to hear and determine the following matters:

( a) the amount to be paid if the Crown and any person have agreed in writing that the Crown or that person shall pay an amount to be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada; and

( b) any question of law, fact or mixed law and fact that the Crown and any person have agreed in writing shall be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada.

(4) The Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims.

(5) The Federal Court has concurrent original jurisdiction

( a) in proceedings of a civil nature in which the Crown or the Attorney General of Canada claims relief; and

( b) in proceedings in which relief is sought against any person for anything done or omitted to be done in the performance of the duties of that person as an officer, servant or agent of the Crown.

(6) If an Act of Parliament confers jurisdiction in respect of a matter on a court constituted or established by or under a law of a province, the Federal Court has no jurisdiction to entertain any proceeding in respect of the same matter unless the Act expressly confers that jurisdiction on that court.

R.S., 1985, c. F-7, s. 17; 1990, c. 8, s. 3; 2002, c. 8, s. 25.

18. (1) Subject to section 28, the Federal Court has exclusive original jurisdiction

( a) to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal; and

( b) to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph ( a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal.

(2) The Federal Court has exclusive original jurisdiction to hear and determine every application for a writ of habeas corpus ad subjiciendum, writ of certiorari, writ of prohibition or writ of mandamus in relation to any member of the Canadian Forces serving outside Canada.

(3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1.

R.S., 1985, c. F-7, s. 18; 1990, c. 8, s. 4; 2002, c. 8, s. 26.

18.1 (1) An application for judicial review may be made by the Attorney General of Canada or by anyone directly affected by the matter in respect of which relief is sought.

(2) An application for judicial review in respect of a decision or an order of a federal board, commission or other tribunal shall be made within 30 days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days.

(3) On an application for judicial review, the Federal Court may

( a) order a federal board, commission or other tribunal to do any act or thing it has unlawfully failed or refused to do or has unreasonably delayed in doing; or

( b) declare invalid or unlawful, or quash, set aside or set aside and refer back for determination in accordance with such directions as it considers to be appropriate, prohibit or restrain, a decision, order, act or proceeding of a federal board, commission or other tribunal.

(4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal

( a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

( b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

( c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;

( d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

( e) acted, or failed to act, by reason of fraud or perjured evidence; or

( f) acted in any other way that was contrary to law.

(5) If the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court may

( a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and

( b) in the case of a defect in form or a technical irregularity in a decision or an order, make an order validating the decision or order, to have effect from any time and on any terms that it considers appropriate.

1990, c. 8, s. 5; 2002, c. 8, s. 27.

18.2 On an application for judicial review, the Federal Court may make any interim orders that it considers appropriate pending the final disposition of the application.

1990, c. 8, s. 5; 2002, c. 8, s. 28.

18.3 (1) A federal board, commission or other tribunal may at any stage of its proceedings refer any question or issue of law, of jurisdiction or of practice and procedure to the Federal Court for hearing and determination.

(2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, refer any question or issue of the constitutional validity, applicability or operability of an Act of Parliament or of regulations made under an Act of Parliament to the Federal Court for hearing and determination.

1990, c. 8, s. 5; 2002, c. 8, s. 28.

18.4 (1) Subject to subsection (2), an application or reference to the Federal Court under any of sections 18.1 to 18.3 shall be heard and determined without delay and in a summary way.

(2) The Federal Court may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action.

1990, c. 8, s. 5; 2002, c. 8, s. 28.

18.5 Despite sections 18 and 18.1, if an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.

1990, c. 8, s. 5; 2002, c. 8, s. 28.

19. If the legislature of a province has passed an Act agreeing that the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada has jurisdiction in cases of controversies between Canada and that province, or between that province and any other province or provinces that have passed a like Act, the Federal Court has jurisdiction to determine the controversies.

R.S., 1985, c. F-7, s. 19; 2002, c. 8, s. 28.

20. (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,

( a) in all cases of conflicting applications for any patent of invention, or for the registration of any copyright, trade-mark, industrial design or topography within the meaning of the Integrated Circuit Topography Act; and

( b) in all cases in which it is sought to impeach or annul any patent of invention or to have any entry in any register of copyrights, trade-marks, industrial designs or topographies referred to in paragraph ( a) made, expunged, varied or rectified.

(2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, copyright, trade-mark, industrial design or topography referred to in paragraph (1)( a).

R.S., 1985, c. F-7, s. 20; 1990, c. 37, s. 34; 2002, c. 8, s. 29.

21. The Federal Court has exclusive jurisdiction to hear and determine all appeals that may be brought under subsection 14(5) of the Citizenship Act.

R.S., 1985, c. F-7, s. 21; 2002, c. 8, s. 30.

22. (1) The Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping, except to the extent that jurisdiction has been otherwise specially assigned.

(2) Without limiting the generality of subsection (1), for greater certainty, the Federal Court has jurisdiction with respect to all of the following:

( a) any claim with respect to title, possession or ownership of a ship or any part interest therein or with respect to the proceeds of sale of a ship or any part interest therein;

( b) any question arising between co-owners of a ship with respect to possession, employment or earnings of a ship;

( c) any claim in respect of a mortgage or hypothecation of, or charge on, a ship or any part interest therein or any charge in the nature of bottomry or respondentia for which a ship or part interest therein or cargo was made security;

( d) any claim for damage or for loss of life or personal injury caused by a ship either in collision or otherwise;

( e) any claim for damage sustained by, or for loss of, a ship including, without restricting the generality of the foregoing, damage to or loss of the cargo or equipment of, or any property in or on or being loaded on or off, a ship;

( f) any claim arising out of an agreement relating to the carriage of goods on a ship under a through bill of lading, or in respect of which a through bill of lading is intended to be issued, for loss or damage to goods occurring at any time or place during transit;

( g) any claim for loss of life or personal injury occurring in connection with the operation of a ship including, without restricting the generality of the foregoing, any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the master or crew thereof or of any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of the ship are responsible, being an act, neglect or default in the management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

( h) any claim for loss of or damage to goods carried in or on a ship including, without restricting the generality of the foregoing, loss of or damage to passengers’ baggage or personal effects;

( i) any claim arising out of any agreement relating to the carriage of goods in or on a ship or to the use or hire of a ship whether by charter party or otherwise;

( j) any claim for salvage including, without restricting the generality of the foregoing, claims for salvage of life, cargo, equipment or other property of, from or by an aircraft to the same extent and in the same manner as if the aircraft were a ship;

( k) any claim for towage in respect of a ship or of an aircraft while the aircraft is water-borne;

( l) any claim for pilotage in respect of a ship or of an aircraft while the aircraft is water-borne;

( m) any claim in respect of goods, materials or services wherever supplied to a ship for the operation or maintenance of the ship, including, without restricting the generality of the foregoing, claims in respect of stevedoring and lighterage;

( n) any claim arising out of a contract relating to the construction, repair or equipping of a ship;

( o) any claim by a master, officer or member of the crew of a ship for wages, money, property or other remuneration or benefits arising out of his or her employment;

( p) any claim by a master, charterer or agent of a ship or shipowner in respect of disbursements, or by a shipper in respect of advances, made on account of a ship;

( q) any claim in respect of general average contribution;

( r) any claim arising out of or in connection with a contract of marine insurance; and

( s) any claim for dock charges, harbour dues or canal tolls including, without restricting the generality of the foregoing, charges for the use of facilities supplied in connection therewith.

(3) For greater certainty, the jurisdiction conferred on the Federal Court by this section applies

( a) in relation to all ships, whether Canadian or not and wherever the residence or domicile of the owners may be;

( b) in relation to all aircraft where the cause of action arises out of paragraphs (2)( j) to ( l), whether those aircraft are Canadian or not and wherever the residence or domicile of the owners may be;

( c) in relation to all claims, whether arising on the high seas, in Canadian waters or elsewhere and whether those waters are naturally navigable or artificially made so, including, without restricting the generality of the foregoing, in the case of salvage, claims in respect of cargo or wreck found on the shores of those waters; and

( d) in relation to all mortgages or hypothecations of, or charges by way of security on, a ship, whether registered or not, or whether legal or equitable, and whether created under foreign law or not.

R.S., 1985, c. F-7, s. 22; 1993, c. 34, s. 69(F); 1996, c. 31, s. 82; 2002, c. 8, s. 31.

23. Except to the extent that jurisdiction has been otherwise specially assigned, the Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under an Act of Parliament or otherwise in relation to any matter coming within any of the following classes of subjects:

( a) bills of exchange and promissory notes, where the Crown is a party to the proceedings;

( b) aeronautics; and

( c) works and undertakings connecting a province with any other province or extending beyond the limits of a province.

R.S., 1985, c. F-7, s. 23; 2002, c. 8, s. 32.

24. [Repealed, 2002, c. 8, s. 33]

25. The Federal Court has original jurisdiction, between subject and subject as well as otherwise, in any case in which a claim for relief is made or a remedy is sought under or by virtue of the laws of Canada if no other court constituted, established or continued under any of the Constitution Acts, 1867 to 1982 has jurisdiction in respect of that claim or remedy.

R.S., 1985, c. F-7, s. 25; 2002, c. 8, s. 33.

26. The Federal Court has original jurisdiction in respect of any matter, not allocated specifically to the Federal Court of Appeal, in respect of which jurisdiction has been conferred by an Act of Parliament on the Federal Court of Appeal, the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada.

R.S., 1985, c. F-7, s. 26; 2002, c. 8, s. 33.

27. (1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court:

( a) a final judgment;

( b) a judgment on a question of law determined before trial;

( c) an interlocutory judgment; or

( d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada.

(1.1) An appeal lies to the Federal Court of Appeal from

( a) a final judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies;

( b) a judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies, on a question of law determined before trial; or

( c) an interlocutory judgment or order of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

(1.2) An appeal lies to the Federal Court of Appeal from a final judgment of the Tax Court of Canada in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

(1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada

( a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

( b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

( c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;

( d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

( e) acted, or failed to act, by reason of fraud or perjured evidence; or

( f) acted in any other way that was contrary to law.

(1.4) An appeal under subsection (1.2) shall be heard and determined without delay and in a summary way.

(2) An appeal under this section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appeal

( a) in the case of an interlocutory judgment, within 10 days after the pronouncement of the judgment or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 10 days; and

( b) in any other case, within 30 days, not including any days in July and August, after the pronouncement of the judgment or determination appealed from or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 30 days.

(3) All parties directly affected by an appeal under this section shall be served without delay with a true copy of the notice of appeal, and evidence of the service shall be filed in the Registry of the Federal Court of Appeal.

(4) For the purposes of this section, a final judgment includes a judgment that determines a substantive right except as to any question to be determined by a referee pursuant to the judgment.

R.S., 1985, c. F-7, s. 27; R.S., 1985, c. 51 (4th Supp.), s. 11; 1990, c. 8, ss. 7, 78(E); 1993, c. 27, s. 214; 2002, c. 8, s. 34.

28. (1) The Federal Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals:

(a) the Board of Arbitration established by the Canada Agricultural Products Act;

(b) the Review Tribunal established by the Canada Agricultural Products Act;

(b.1) the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act;

(c) the Canadian Radio-television and Telecommunications Commission established by the Canadian Radio-television and Telecommunications Commission Act;

(d) the Pension Appeals Board established by the Canada Pension Plan;

(e) the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act;

(f) the National Energy Board established by the National Energy Board Act;

(g) [Repealed, 1992, c. 49, s. 128]

(h) the Canada Industrial Relations Board established by the Canada Labour Code;

(i) the Public Service Labour Relations Board established by the Public Service Labour Relations Act;

(j) the Copyright Board established by the Copyright Act;

(k) the Canadian Transportation Agency established by the Canada Transportation Act;

(l) [Repealed, 2002, c. 8, s. 35]

(m) umpires appointed under the Employment Insurance Act;

(n) the Competition Tribunal established by the Competition Tribunal Act;

(o) assessors appointed under the Canada Deposit Insurance Corporation Act;

(p) the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act; and

(q) the Public Servants Disclosure Protection Tribunal established by the Public Servants Disclosure Protection Act.

(2) Sections 18 to 18.5, except subsection 18.4(2), apply, with any modifications that the circumstances require, in respect of any matter within the jurisdiction of the Federal Court of Appeal under subsection (1) and, when they apply, a reference to the Federal Court shall be read as a reference to the Federal Court of Appeal.

(3) If the Federal Court of Appeal has jurisdiction to hear and determine a matter, the Federal Court has no jurisdiction to entertain any proceeding in respect of that matter.

R.S., 1985, c. F-7, s. 28; R.S., 1985, c. 30 (2nd Supp.), s. 61; 1990, c. 8, s. 8; 1992, c. 26, s. 17, c. 33, s. 69, c. 49, s. 128; 1993, c. 34, s. 70; 1996, c. 10, s. 229, c. 23, s. 187; 1998, c. 26, s. 73; 1999, c. 31, s. 92(E); 2002, c. 8, s. 35; 2003, c. 22, ss. 167(E), 262; 2005, c. 46, s. 56.1; 2006, c. 9, ss. 6, 222.

29. to 35. [Repealed, 1990, c. 8, s. 8]

36. (1) Except as otherwise provided in any other Act of Parliament, and subject to subsection (2), the laws relating to prejudgment interest in proceedings between subject and subject that are in force in a province apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

(2) A person who is entitled to an order for the payment of money in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province is entitled to claim and have included in the order an award of interest on the payment at any rate that the Federal Court of Appeal or the Federal Court considers reasonable in the circumstances, calculated

( a) where the order is made on a liquidated claim, from the date or dates the cause of action or causes of action arose to the date of the order; or

( b) where the order is made on an unliquidated claim, from the date the person entitled gave notice in writing of the claim to the person liable therefor to the date of the order.

(3) Where an order referred to in subsection (2) includes an amount for special damages, the interest shall be calculated under that subsection on the balance of special damages incurred as totalled at the end of each six month period following the notice in writing referred to in paragraph (2)( b) and at the date of the order.

(4) Interest shall not be awarded under subsection (2)

( a) on exemplary or punitive damages;

( b) on interest accruing under this section;

( c) on an award of costs in the proceeding;

( d) on that part of the order that represents pecuniary loss arising after the date of the order and that is identified by a finding of the Federal Court of Appeal or the Federal Court;

( e) where the order is made on consent, except by consent of the debtor; or

( f) where interest is payable by a right other than under this section.

(5) The Federal Court of Appeal or the Federal Court may, if it considers it just to do so, having regard to changes in market interest rates, the conduct of the proceedings or any other relevant consideration, disallow interest or allow interest for a period other than that provided for in subsection (2) in respect of the whole or any part of the amount on which interest is payable under this section.

(6) This section applies in respect of the payment of money under judgment delivered on or after the day on which this section comes into force, but no interest shall be awarded for a period before that day.

(7) This section does not apply in respect of any case in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law.

R.S., 1985, c. F-7, s. 36; 1990, c. 8, s. 9; 2002, c. 8, s. 36.

37. (1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments of the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

(2) A judgment of the Federal Court of Appeal or the Federal Court in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province bears interest at the rate that court considers reasonable in the circumstances, calculated from the time of the giving of the judgment.

R.S., 1985, c. F-7, s. 37; 1990, c. 8, s. 9; 2002, c. 8, s. 37.

38. [Repealed, 1990, c. 8, s. 9]

39. (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

(2) A proceeding in the Federal Court of Appeal or the Federal Court in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose.

(3) [Repealed, 1990, c. 8, s. 10]

R.S., 1985, c. F-7, s. 39; 1990, c. 8, s. 10; 2002, c. 8, s. 38.

40. (1) If the Federal Court of Appeal or the Federal Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in that court or that a proceeding previously instituted by the person in that court not be continued, except by leave of that court.

(2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3).

(3) A person against whom a court has made an order under subsection (1) may apply to the court for rescission of the order or for leave to institute or continue a proceeding.

(4) If an application is made to a court under subsection (3) for leave to institute or continue a proceeding, the court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.

(5) A decision of the court under subsection (4) is final and is not subject to appeal.

R.S., 1985, c. F-7, s. 40; 1990, c. 8, s. 11; 2002, c. 8, s. 39.

41. [Repealed, 1990, c. 8, s. 11]

42. Canadian maritime law as it was immediately before June 1, 1971 continues subject to such changes therein as may be made by this Act or any other Act of Parliament.

R.S., c. 10(2nd Supp.), s. 42.

43. (1) Subject to subsection (4), the jurisdiction conferred on the Federal Court by section 22 may in all cases be exercised in personam.

(2) Subject to subsection (3), the jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against the ship, aircraft or other property that is the subject of the action, or against any proceeds from its sale that have been paid into court.

(3) Despite subsection (2), the jurisdiction conferred on the Federal Court by section 22 shall not be exercised in rem with respect to a claim mentioned in paragraph 22(2)( e), ( f), ( g), ( h), ( i), ( k), ( m), ( n), ( p) or ( r) unless, at the time of the commencement of the action, the ship, aircraft or other property that is the subject of the action is beneficially owned by the person who was the beneficial owner at the time when the cause of action arose.

(4) No action in personam may be commenced in Canada for a collision between ships unless

( a) the defendant is a person who has a residence or place of business in Canada;

( b) the cause of action arose in Canadian waters; or

( c) the parties have agreed that the Federal Court is to have jurisdiction.

(5) Subsection (4) does not apply to a counter-claim or an action for a collision, in respect of which another action has already been commenced in the Federal Court.

(6) Where an action for a collision between ships has been commenced outside Canada, an action shall not be commenced in Canada by the same person against the same defendant on the same facts unless the action in the other jurisdiction has been discontinued.

(7) No action in rem may be commenced in Canada against

( a) any warship, coast-guard ship or police vessel;

( b) any ship owned or operated by Canada or a province, or any cargo laden thereon, where the ship is engaged on government service; or

( c) any ship owned or operated by a sovereign power other than Canada, or any cargo laden thereon, with respect to any claim where, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes.

(8) The jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is beneficially owned by the person who is the owner of the ship that is the subject of the action.

(9) In an action for a collision in which a ship, an aircraft or other property of a defendant has been arrested, or security has been given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, an aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Federal Court may stay the proceedings in the principal action until security has been given to answer judgment in the cross-action or counter-claim.

R.S., 1985, c. F-7, s. 43; 1990, c. 8, s. 12; 1996, c. 31, s. 83; 2002, c. 8, s. 40.

44. In addition to any other relief that the Federal Court of Appeal or the Federal Court may grant or award, a mandamus, an injunction or an order for specific performance may be granted or a receiver appointed by that court in all cases in which it appears to the court to be just or convenient to do so. The order may be made either unconditionally or on any terms and conditions that the court considers just.

R.S., 1985, c. F-7, s. 44; 2002, c. 8, s. 41.

45. (1) A judge of the Federal Court of Appeal or the Federal Court who resigns or is appointed to another court or otherwise ceases to hold office may, at the request of the Chief Justice of that court, at any time within eight weeks after that event, give judgment in any cause, action or matter previously tried by or heard before the judge as if he or she had continued in office.

(2) If a judge of the F