ARCHIVED — Vol. 148, No. 4 — January 25, 2014

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Rules Amending the Federal Courts Rules

Statutory authority

Federal Courts Act

Sponsoring agencies

Federal Court of Appeal and Federal Court

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues and objectives

The Federal Courts Rules Committee has determined that the administration of the Courts and access to justice would be better served by modernizing the Federal Courts Rules to facilitate the use of information technologies. The proposed amendments to the Rules seek to remove obstacles to the use of information technologies without substantially altering the effect of the Rules. Furthermore, they establish a clear foundation for an official Court record that could include both paper and electronic documents. The Courts also foresee savings by giving the parties the option of using electronic means of communication with the Registry.

Background

Sections 45.1 through 46 of the Federal Courts Act provide that the rules concerning the practice and procedure before the Federal Court of Appeal and the Federal Court are established by the Rules Committee of the Federal Court of Appeal and the Federal Court (the “Federal Courts Rules Committee”), subject to the approval of the Governor in Council.

The Federal Courts Rules Committee is a statutory body composed of several judges of both the Federal Court of Appeal and the Federal Court, five members of the bar of provinces across Canada, a representative of the Attorney General of Canada, and the Chief Administrator of the Courts Administration Service. The five bar members are representative of the different regions of Canada and have experience in fields of law in respect of which the Federal Courts have jurisdiction.

In May 2011, the Sub-Committee on Technology, a sub-committee of the Federal Courts Rules Committee, issued a discussion paper entitled Information Technology and the Federal Courts Rules, and by way of initial consultation posted it on the Web sites of both the Federal Court of Appeal and the Federal Court and circulated it to interested members of the bar. The discussion paper outlined a number of possible revisions to the Federal Courts Rules to facilitate the use of information technologies. Comments were received from various sources, including the Intellectual Property Institute of Canada and members of the bar. Those comments were considered and discussed by the Sub-Committee on Technology.

Proposed amendments were subsequently drafted, and further discussions were had within the sub-committee, as well as at meetings of the Federal Courts Rules Committee.

The Federal Courts Rules Committee approved the proposed Rules Amending the Federal Courts Rules on December 13, 2013.

Description and rationale

To meet the above-mentioned objectives, the Federal Courts Rules Committee proposes various amendments to the Rules, as described below.

1. Repeal of references limiting certain documents to paper documents only

The proposed amendment to Rule 21 would repeal the reference to “books” and the physical location of “National Capital Region” because the records and other documents may be kept in electronic format.

The reference to documents being “bound permanently” in Rule 23 would be repealed.

The proposed amendment to Rule 24(2) would replace the word “placed” with “added.” The French version of Rule 24(1) would be amended so as to correct a discrepancy between the French and English versions.

The proposed amendments to Rule 26(2) would add the word “deleted” to the provision.

The proposed amendments to Rules 353(1), 354, 355, 364(1), and 365(1) would provide that a party may file either an electronic copy or three paper copies of the documents listed in those provisions.

The proposed amendments to Rules 309, 310, 345(2), and 348(1) would provide that a party may file either an electronic copy or the required number of paper copies of the documents listed in the provision.

2. Electronic service

Under the proposed amendments to Rule 141, a party may consent to the electronic service of documents by serving and filing a notice of consent, which can be found in the new Form 141A. The party may also withdraw such consent by completing a notice of withdrawal of consent, i.e. the new Form 141B.

Amendments are also proposed to Form 146 (Affidavit of service), so as to contemplate electronic service and so as to improve the clarity of the Form.

The proposed amendment to Rule 66 would provide that documents prepared for use in a proceeding must contain the electronic address of the party if that party has consented to electronic service.

Under the proposed amendments, Rules 139 and 140 would be consolidated into Rule 139, which would allow for electronic service in cases where the recipient has formally consented to such service by completing new Form 141A.

The proposed amendments to Rule 145 would provide that the Rule also applies in instances where a party has not served and filed a notice of consent to electronic service and would also improve the clarity of the provision.

3. Electronic filing

Under the proposed amendments to Rule 71, a document may be submitted by electronic transmission and shall be in PDF format or any other format approved by the Court. In case of an originating document, the person is to provide the Registry with paper copies for issuance or arrange for the Registry to prepare those copies. Other amendments are also proposed to Rule 71 to improve the organizational clarity.

The proposed amendments would not change the current rules with respect to the filing of documents in paper format or the manner in which documents are considered to be filed.

Under the new proposed Rule 71.1, documents that would be sent for filing by electronic transmission would be deemed to have been received in the Eastern time zone, as the principal office of the Registry is in the National Capital Region. Furthermore, for the purpose of electronic transmission, which is not location specific, the Eastern time zone constitutes a reasonable middle ground of the various time zones in Canada. Rule 71.1 would also include the information currently found in Rule 71(4) and it would indicate that the document is dated by the Registry so as to contemplate the possibility of automatic electronic time-stamping.

Under a new proposed Rule 72.2, the Court may require a person who filed a document by electronic transmission or fax to provide to the Registry the same number of paper copies of the document as would have been required had the document been filed in paper copy.

Under proposed Rule 72.3, a person is to retain the paper copy of a document that has been filed by electronic transmission for 30 days after the expiry of all appeal periods if the original paper copy bore a signature.

4. Tariff A

The proposed amendment to subsection 1(3) of Tariff A would clarify that the fees are those applicable to paper copies and that a person, not only a party, may request paper copies.

A new subsection 1(4) would provide that a person may request, from the Registry, a digital recording of any day of a proceeding, or part thereof, by paying $15 per copy.

5. Other amendments
Business day

The proposed amendments would repeal the definition of “business day” in Rule 2, as the expression is only used once in the Rules and once in the Forms. The Rules and Forms are amended to incorporate the definition.

Retention schedule

The proposed modifications also provide for a retention schedule, to be established by each court, which would set out the retention time of various Court documents, under proposed Rule 23.1.

Paper documents

The proposed amendment to Rule 25 would clarify that it applies only in cases where a document is filed in paper copy, as both the local office and principal office can electronically access documents that have been filed by electronic transmission.

The proposed amendment to Rule 26.1(2) would clarify that the exhibits are to remain part of the annex to the Court file, consistent with the Court’s practices.

The proposed amendments to Rules 70(3), 149(1)(b), 344, 346(4), and 348(4) would clarify that they apply only to paper copies.

The proposed amendment to Rule 133 clarifies the language for personal service of an originating document on the Crown, the Attorney General, or any other minister of the Crown. Personal service for these originating documents continues to be effected by filing paper copies of the documents at the Registry.

Filing and service

Rule 71(3) would be amended to set out the information that is found in Form 71 which will be repealed.

Rule 71.1(3) clarifies that a document submitted for filing on a holiday is deemed to have been submitted for filing on the next day that is not a holiday.

New Rule 72.1 would restate existing Rule 72(3).

The proposed amendment to Rule 138 would improve the clarity of the provision.

Under the proposed amendments, Rules 141 and 144(2) would be consolidated into Rule 143 so as to improve organizational clarity. Rule 143 would also clarify that with respect to documents served by registered mail or courier, the service is effective at the date of delivery, not at the date on which the document was received by the post office or courier company.

Under the proposed amendments, Rule 142 would be renumbered as Rule 144 to improve organizational clarity.

The renumbered Rule 140 consolidates the current Rules 140(4) and 143 regarding the service of documents by fax. It includes the information found in Rule 143, which deals with consent to service by fax, and Rule 140(4) and Form 140, which set out the information to be included in the fax cover page. Form 140 would be repealed.

Rule 144(1) would be renumbered as Rule 142 so as to improve organizational clarity.

The amendments to Rule 146 are proposed to improve the clarity of the provision and to correct the discrepancies between the French and English versions. In the French version of the Rule, a change is also proposed to reflect the proper title of the Code of Civil Procedure of the Province of Quebec.

The proposed amendment to Rule 147 would improve the clarity of the provision.

Inspection of documents

Rule 26 has been redrafted to improve sentence structure and clarity.

Definition of “document”

The proposed amendment to Rule 222 would eliminate the reference to “computer diskette,” a device no longer used in practice before the Court, and would focus on the type of documents, instead of the type of device on which information is stored.

Appeal book

The proposed amendment to Rule 343 would correct the discrepancy between the English and French versions by providing that a copy of the agreement needs to be filed.

The proposed amendments to Rule 345(1) would also improve the clarity of the provision with respect to the described time period by aligning it with Rule 6 and the wording of the Interpretation Act.

Form 171I — Third Party Claim

The proposed amendment to Form 171I would rectify the incorrect cross-reference to Form 171I, and would replace it with a reference to Form 171J.

Form 316.2 — Notice of Summary Application

The proposed amendment to Form 316.2 would correct the time period for the service and filing of the respondent’s record so that it is consistent with the time period set out in Rule 365.

Implementation, enforcement and service standards

The amended Rules will be incorporated into the Federal Courts Rules and will be implemented and enforced in the same manner as the other rules.

Contact

Chantelle Bowers
Secretary of the Rules Committee of the Federal Court of Appeal and the Federal Court
Ottawa, Ontario
K1A 0H9
Telephone: 613-995-5063
Fax: 613-941-9454
Email: chantelle.bowers@fca-caf.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, pursuant to paragraph 46(4)(a) (see footnote a) of the Federal Courts Act (see footnote b) and subject to the approval of the Governor in Council, that the rules committee of the Federal Court of Appeal and the Federal Court, pursuant to section 46 (see footnote c) of that Act, proposes to make the annexed Rules Amending the Federal Courts Rules.

Interested persons may make representations in writing concerning the proposed Rules within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Chantelle Bowers, Secretary to the Rules Committee, Federal Court of Appeal, 90 Sparks Street, 10th Floor, Ottawa, Ontario K1A 0H9 (tel.: 613-995-5063; fax: 613-941-9454; email: chantelle.bowers@fca-caf.gc.ca).

Ottawa, January 7, 2014

DANIEL GOSSELIN
Chief Administrator
Courts Administration Service

RULES AMENDING THE FEDERAL COURTS RULES

AMENDMENTS

1. The definition “business day” in rule 2 of the Federal Courts Rules (see footnote 1) is repealed.

2. Rule 21 of the Rules is replaced by the following:

Records

21. The Administrator shall keep all records necessary for documenting the proceedings of the Court and enter in them all orders, directions, foreign judgments ordered to be registered, pleadings and other documents filed in a proceeding.

3. (1) The portion of subsection 23(1) of the Rules before paragraph (a) is replaced by the following:

Court file

23. (1) For each proceeding of the Court, the Administrator shall keep a file that is composed of the following documents, each marked with its date and time of filing, and that is organized by order of filing:

(2) Subsection 23(2) of the Rules is replaced by the following:

Annexes

(2) The Administrator shall keep an annex to each Court file that is comprised of

  • (a) all affidavits;
  • (b) all exhibits; and
  • (c) all other documents and material in the possession of the Court or the Registry that are not required by these Rules to be kept in the Court file.

4. The Rules are amended by adding the following after rule 23:

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.

5. (1) Subsection 24(1) of the French version of the Rules is replaced by the following:

Dossiers sur les avis de requête

24. (1) Lorsqu’est déposé, relativement à une action, une demande ou un appel envisagé, un avis de requête visant la prorogation d’un délai, l’autorisation d’interjeter appel ou l’obtention de toute autre ordonnance aux termes d’une loi, d’une règle ou d’un autre texte législatif, l’avis de requête, tout affidavit déposé relativement à celui-ci et toute ordonnance en résultant sont conservés dans les dossiers de la Cour réservés aux avis de requête de ce genre.

(2) Subsection 24(2) of the Rules is replaced by the following:

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.

6. Rule 25 of the Rules is replaced by the following:

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.

7. (1) Subsection 26(1) of the Rules is replaced by the following:

Inspection of files

26. (1) If the necessary facilities are available, a person may, with supervision and without interfering with the business of the Court, inspect a Court file or annex that is available to the public.

(2) The portion of subsection 26(2) of the Rules before paragraph (a) is replaced by the following:

Removal or deletion of documents

(2) Nothing shall be removed or deleted from a Court file or annex except

8. The portion of subsection 26.1(2) of the Rules before paragraph (a) is replaced by the following:

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

9. Subsection 66(2) of the Rules is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) if there is consent to the electronic service of documents, the electronic address set out in Form 141A.

10. Subsection 70(3) of the Rules is replaced by the following:

Appendices

(3) If a memorandum of fact and law is filed in paper copy, the appendices may be bound separately from the memorandum.

11. Section 71 of the Rules is replaced by the following:

Sending documents for filing

71. (1) A document may be sent to the Registry for the purpose of filing by delivery, mail, fax or electronic transmission.

Sending by fax — prior consent required

(2) The Administrator’s consent is required before any of the following documents may be sent by fax:

  • (a) a motion record, application record, trial record, appeal book or book of authorities; and
  • (b) any other document that is longer than 20 pages.

Fax cover page

(3) A document that is sent by fax shall include a cover page that sets out the following information:

  • (a) the name, address and telephone number of the sender;
  • (b) the date and time of the transmission;
  • (c) the total number of pages being transmitted, including the cover page;
  • (d) a fax number at which the sender may receive documents; and
  • (e) the name and telephone number of the person that is to be contacted in the event of a transmission problem.

Sending by electronic transmission — document format

(4) A document that is sent by electronic transmission shall be in PDF (Portable Document Format) or any other format that is approved by the Court.

Originating documents sent by electronic transmission

(5) A person who sends an originating document by electronic transmission shall provide the Registry with paper copies for issuance or arrange for the Registry to prepare those copies.

Document submitted for filing

71.1 (1) A document that was sent to the Registry in accordance with rule 71 is submitted for filing when

  • (a) it is received and dated by the Registry; and
  • (b) if a fee for its issuance or filing is payable under Tariff A, the fee is paid.

Time of receipt — electronic transmission

(2) In the case of a document that was sent by electronic transmission to the Registry for filing, the time of its receipt by the Registry is that time in the Eastern time zone.

Submission on holiday

(3) A document that is submitted for filing on a holiday is deemed to have been submitted for filing on the next day that is not a holiday.

12. Subsection 72(3) of the Rules is repealed.

13. The Rules are amended by adding the following after rule 72:

Time of filing

72.1 Unless the Court directs otherwise, a document that is accepted for filing is deemed to have been filed at the time the document was submitted for filing.

Paper copies — fax or electronic transmission

72.2 A person who files a document by fax or electronic transmission shall, if required by the Court, provide the Registry with the same number of paper copies of the document as would have been required had the document been filed in paper copy.

Retention and provision of paper copy

72.3 A person who, by electronic transmission, files a document that is originally in paper copy and that bears a signature shall retain the paper copy of the document for 30 days after the expiry of all appeal periods and, if required by the Court, provide that paper copy to the Registry.

14. Subsection 133(1) of the Rules is replaced by the following:

Personal service of originating document on Crown

133. (1) Personal service of an originating document on the Crown, the Attorney General of Canada or any other Minister of the Crown is effected by filing the original and two paper copies of it at the Registry.

15. (1) The heading before rule 138 of the English version of the Rules is replaced by the following:

Other Forms of Service

(2) Rules 138 to 147 of the Rules are replaced by the following:

Personal service of originating documents

138. Unless otherwise provided in these Rules, personal service is required only for originating documents.

Manner of service — other documents

139. (1) If a document is not required to be served personally, service on a party is to be effected by

  • (a) personal service;
  • (b) leaving it at the party’s address for service;
  • (c) mailing it or delivering it by courier to the party’s address for service;
  • (d) transmitting it by fax to the party’s solicitor of record, or, if the party has no solicitor of record, to the party;
  • (e) transmitting it to the electronic address set out by the party in Form 141A; or
    (f) any other means that the Court may direct.

Service on other parties

(2) Subject to subsection 36(3) and rule 145, the document shall be served on all other parties.

If no address for service

(3) If a party has no address for service at the time of service, the document may be served by leaving it at, or by sending it by registered mail or courier to,

  • (a) if the party is an individual, the party’s usual or last known address; and
  • (b) if the party is an unincorporated body, a group of persons or a corporation, the principal or last known address of the body, group or corporation.

If no known address

(4) If a party has no known address at the time of service, the document may be served by depositing it at the office of the Registry where the proceeding was commenced.

Service by fax

140. (1) The recipient’s consent is required before any of the following documents may be served by fax:

  • (a) a motion record, application record, trial record, appeal book or book of authorities; and
  • (b) any other document that is longer than 20 pages.

Fax cover page

(2) A document that is served by fax shall include a cover page that sets out the following information:

  • (a) the name, address and telephone number of the sender;
  • (b) the name of the person on whom the document is being served;
  • (c) the date and time of the transmission;
  • (d) the total number of pages being transmitted, including the cover page;
  • (e) a fax number at which the sender may receive documents; and
  • (f) the name and telephone number of the person that is to be contacted in the event of a transmission problem.

Consent to electronic service

141. (1) A party consents to the electronic service of documents by serving and filing a notice of consent in Form 141A.

When consent is effective

(2) The consent is effective on the day on which the notice is served.

Withdrawal of consent

(3) A party withdraws their consent by serving and filing a notice of withdrawal of consent in Form 141B.

When withdrawal is effective

(4) The withdrawal of consent is effective on the day on which the notice is served.

Prohibition

(5) A party shall not serve a document by electronic service prior to being served with the recipient’s notice of consent or after the withdrawal of that consent.

General

When service may be effected

142. Service of a document under these Rules may be effected at any time.

Effective date — evening or holiday service

143. (1) Service of a document, other than an originating document or a warrant, on a holiday or after 5:00 p.m. at the recipient’s local time is effective on the next day that is not a holiday.

Effective date — ordinary mail

(2) Service of a document by ordinary mail is effective on the 10th day after the day on which it is mailed.

Effective date — registered mail or courier

(3) Service of a document by registered mail or courier is effective on the day of delivery that is indicated on the post office or courier delivery receipt, as the case may be.

Filing before service effective

144. A document that is served by ordinary mail may be filed before the day on which its service is effective.

When no further service required

145. Subject to subsection 207(2) or unless the Court orders otherwise, a party who has been served with an originating document is not required to be served with any further documents in the proceeding prior to final judgment if

  • (a) the party has not filed a notice of appearance or a defence within the time set out in these Rules; or
  • (b) the party has no address for service and has not served and filed a notice of consent to electronic service in Form 141A.

Proof of service

146. (1) Service of a document is proven by

  • (a) an affidavit of service in Form 146A or, if the service is effected in the Province of Quebec, a certificate of service of a sheriff, bailiff or other authorized person in accordance with the Code of Civil Procedure of that Province;
  • (b) if the document is not an originating document, a solicitor’s certificate of service in Form 146B;
  • (c) if the service is effected by leaving a copy of the document at a solicitor’s office, by an acknowledgement of service that is signed and dated by the solicitor or another person on behalf of the solicitor; or
  • (d) if the service is effected under rule 134, an acceptance of service that is signed and dated by the party’s solicitor.

Acknowledgement of service — signature

(2) If an acknowledgement of service under paragraph (1)(c) is signed by a person on behalf of a solicitor, the person shall sign his or her own name.

Validating service

147. If a document has been served in a manner that is not authorized by these Rules or by an order of the Court, the Court may validate the service if it is satisfied that the document came to the notice of the person to be served or that it would have come to that person’s notice except for the person’s avoidance of service.

16. Paragraph 149(1)(b) of the Rules is replaced by the following:

  • (b) three paper copies of a tender of payment into court in Form 149.

17. Subsection 222(1) of the Rules is replaced by the following:

Definition of “document”

222. (1) In rules 223 to 232 and 295, “document” includes an audio recording, video recording, film, photograph, chart, graph, map, plan, survey and book of account.

18. Subsection 309(1) of the Rules is replaced by the following:

Applicant’s record

309. (1) An applicant shall serve and file the applicant’s record within the earlier of 20 days after the completion of all parties’ cross-examinations and the expiration of time for those cross-examinations.

Number of copies

(1.1) The applicant 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.

19. Subsection 310(1) of the Rules is replaced by the following:

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.

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.

20. Subsection 343(1) of the Rules is replaced by the following:

Agreement re appeal book

343. (1) Within 30 days after the filing of a notice of appeal, the parties shall agree in writing as to the documents, exhibits and transcripts to be included in the appeal book and shall file a copy of that agreement.

21. (1) The portion of subsection 344(1) of the Rules before paragraph (a) is replaced by the following:

Content of appeal book

344. (1) An appeal book shall contain, on consecutively numbered pages and in the following order,

(2) Rule 344 of the Rules is amended by adding the following after subsection (1):

Colour of cover

(1.1) An appeal book that is filed in paper copy shall have a grey cover.

22. Rule 345 of the Rules is replaced by the following:

Appeal book

345. (1) An appellant shall serve and file the appeal book within 30 days after the day on which a copy of an agreement under subsection 343(1) is filed or an order under subsection 343(3) is obtained.

Number of copies

(2) The appellant shall file

  • (a) if the appeal is brought in the Federal Court, an electronic copy of or three paper copies of the book; and
  • (b) if the appeal is brought in the Federal Court of Appeal, an electronic copy of or five paper copies of the book.

23. Subsection 346(4) of the Rules is replaced by the following:

Colour of memorandum

(4) A memorandum of fact and law that is in paper copy shall have

  • (a) in the case of the appellant’s memorandum, a beige cover;
  • (b) in the case of the respondent’s memorandum, a green cover; and
  • (c) in the case of an intervener’s memorandum, a blue cover.

24. (1) Paragraphs 348(1)(a) and ( b) of the Rules are replaced by the following:

  • (a) if the appeal is brought in the Federal Court, an electronic copy of or three paper copies of a joint book of statutes, regulations and authorities; and
  • (b) if the appeal is brought in the Federal Court of Appeal, an electronic copy of or five paper copies of a joint book of statutes, regulations and authorities.

(2) The portion of subsection 348(4) of the Rules before paragraph (a) is replaced by the following:

Colour of cover

(4) A book of statutes, regulations and authorities that is in paper copy shall have

(3) Paragraphs 348(4)(a) and (b) of the English version of the Rules are replaced by the following:

  • (a) if the book is filed jointly, a burgundy cover; and
  • (b) if the book is filed separately, a cover that is the same colour as the filing party’s memorandum of fact and law.

25. Subsection 353(1) of the Rules is replaced by the following:

Motion record

353. (1) Unless the Court orders otherwise, a party bringing a motion for leave to appeal shall serve the motion record and file an electronic copy of or three paper copies of that record.

26. Rules 354 and 355 of the Rules are replaced by the following:

Respondent’s memorandum of fact and law

354. Unless the Court orders otherwise, a respondent to a motion for leave to appeal shall serve a memorandum of fact and law and any supporting affidavits and file an electronic copy of or three paper copies of each of them no later than 20 days after the day on which the motion record is served.

Reply

355. Unless the Court orders otherwise, a party bringing a motion for leave to appeal shall serve any reply to the respondent’s memorandum of fact and law and file an electronic copy of or three paper copies of the reply no later than 10 days after the day on which it is served.

27. Subsection 364(1) of the Rules is replaced by the following:

Motion record

364. (1) Unless the Court orders otherwise, a person bringing a motion shall serve a motion record and file an electronic copy of or three paper copies of that record.

28. Subsection 365(1) of the Rules is replaced by the following:

Respondent’s motion record

365. (1) Subject to subsections 213(4) and 369(2), a respondent to a motion shall serve a respondent’s motion record and file an electronic copy of or three paper copies of the record no later than 2:00 p.m. on the day that is two days before the day fixed for the hearing of the motion.

29. Form 71 of the Rules is repealed.

30. Form 140 of the Rules is repealed.

31. The Rules are amended by adding, in numerical order, the Forms 141A and 141B set out in the schedule.

32. Form 146A of the Rules is replaced by the Form 146A set out in the schedule.

33. Form 171I of the Rules is replaced by the Form 171I set out in the schedule.

34. Form 316.2 of the Rules is replaced by the Form 316.2 set out in the schedule.

35. Subsection 1(3) of Tariff A to the Rules is replaced by the following:

Fees payable for paper copies

(3) A person requesting paper copies of documents from the Registry shall pay $0.40 per page.

Fees payable for digital recording

(4) A person requesting a digital recording of all or part of any day of a proceeding from the Registry shall pay $15 per recording.

COMING INTO FORCE

36. These Rules come into force on the day on which they are registered.

SCHEDULE
(Sections 31 to 34)

FORM 141A
Rule 141

NOTICE OF CONSENT TO ELECTRONIC SERVICE

(General Heading — Use Form 66)

NOTICE OF CONSENT TO ELECTRONIC SERVICE

The plaintiff (or as the case may be) consents to the electronic service of all documents in this action (or as the case may be) that are not required to be served personally.

Electronic service of the documents may be made to the following electronic address: (Set out the electronic address to which documents may be served.)

(Date)

_________________________________
(Signature of solicitor or party
filing notice)
(Name, address, telephone and fax
number and electronic address of
solicitor or party filing notice)

FORM 141B
Rule 141

WITHDRAWAL OF CONSENT TO ELECTRONIC SERVICE

(General Heading — Use Form 66)

WITHDRAWAL OF CONSENT TO ELECTRONIC SERVICE

The plaintiff (or as the case may be) withdraws the consent to the electronic service of documents in this action (or as the case may be) given in the Notice of Consent to Electronic Service, dated (date of Notice).

(Date)

_________________________________
(Signature of solicitor or party filing notice)
(Name, address, telephone and fax
number and electronic address of
solicitor or party filing notice)

FORM 146A
Rule 146

AFFIDAVIT OF SERVICE

(General Heading — Use Form 66)

AFFIDAVIT OF SERVICE

I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT:

(for personal service on an individual, corporation, etc.)

  • 1. On (date), at (time), I served (identify person served) with (identify document served) by leaving a copy with that person at (address where service was made).
  • (Where the Federal Courts Rules provide for personal service on a corporation, etc., by leaving a copy of the document with another person, substitute:)
  • by leaving a copy with (identify and give the position or function of the person served) at (address where service was made).
  • 2. I was able to identify the person by means of (state the means by which the person’s identity was ascertained).

(for personal service by leaving a copy with an adult person in the same household)

  • 1. I served (identify person served) with (identify document served) by leaving a copy on (date), at (time) with a person (insert name if known) who appeared to be an adult member of the same household in which (identify person served) is residing at (address where service was made), and by sending a copy by regular mail (or registered mail) on (date) to (identify person served) at the same address.
  • 2. I ascertained that the person was an adult member of the same household by means of (state how it was ascertained that the person was an adult member of the same household).

(for personal service by mail)

  • 1. On (date), at (time), I sent to (identify person served) by registered/ordinary mail a copy of (identify document served).
  • 2. On (date), I received the attached acknowledgement of receipt card/post office receipt bearing a signature that purports to be the signature of (identify person).

(for service by mail on solicitor)

  • 1. I served (identify party served) with (identify document served) by sending a copy by registered/ordinary mail on (date) to (name of solicitor), solicitor for the (identify party).
  • 2. (If service is by registered mail) The day of delivery indicated on the post office delivery receipt is (date).

(for service by fax on solicitor)

  • I served (identify party served) with (identify document served) by sending a copy by fax on (date) to (name of solicitor), solicitor for the (identify party), at (fax number).

(for electronic service on solicitor)

  • 1. I served (identify party served) with (identify document served) by sending a copy by electronic service on (date) to (name of solicitor), solicitor for the (identify party), at (electronic address).
  • 2. I confirm that (identify party served) has acknowledged that the document was received.

(for service by courier on solicitor)

  • 1. I served (identify party served) with (identify document served) by sending a copy by (name of courier), a courier, to (name of solicitor), solicitor for the (identify party), at (full address of place for delivery).
  • 2. The day of delivery indicated on the courier delivery receipt is (date).

(for service on party acting in person)

  • 1. I served (identify party served) with (identify document served) by sending a copy by (identify method of service) on (date) to (full mailing address, fax number or electronic address); (or if there is no known address for service, fax number or electronic address) the last known address of (identify party).
  • 2. (If service is by courier) The day of delivery indicated on the courier delivery receipt is (date).
  • 3. (If service is by electronic service) I confirm that (identify party served) has acknowledged that the document was received.

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) on (date).

___________________
Commissioner for
Taking Affidavits
(or as the case may be)

___________________
(Signature of Deponent)

FORM 171I
Rule 171

THIRD PARTY CLAIM

AGAINST PERSON NOT ALREADY PARTY TO THE ACTION

(Court File No.)

FEDERAL COURT

BETWEEN:

(Name)

Plaintiff

and

(Court seal)

(Name)

Defendant

and

(Name)

Third Party

(Refer to the requirements of Rules 193 and 194 of the Federal Courts Rules to determine whether third party claim may be issued without first obtaining leave of the Court.)

THIRD PARTY CLAIM

TO THE THIRD PARTY:

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by way of a third party claim in an action in this Court.

The action was commenced by the plaintiff against the defendant for the relief claimed in the statement of claim served with this third party claim. The defendant has defended the action on the grounds set out in the statement of defence served with this third party claim. The defendant’s claim against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS THIRD PARTY CLAIM, you or a solicitor acting for you are required to prepare a statement of defence in Form 171J prescribed by the Federal Courts Rules, serve it on the solicitors for the other parties, or, where a party does not have a solicitor, serve it on the party, and file it, with proof of service, at a local office of this Court, WITHIN 30 DAYS after the day on which this third party claim is served on you, if you are served within Canada.

If you are served in the United States of America, the period for serving and filing your statement of defence is 40 days. If you are served outside Canada and the United States of America, the period for serving and filing your statement of defence is 60 days.

YOU MAY ALSO DEFEND the action by the plaintiff against the defendant by serving and filing a statement of defence in Form 171B prescribed by the Federal Courts Rules within the time for serving and filing your third party defence.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)

Issued by: ________________________
(Registry Officer)

Address of local office: ________________________

TO: (Name and address of third party)

(Separate page)

CLAIM

1. The defendant claims against the third party: (State here precise relief claimed.)

(Then set out in consecutively numbered paragraphs each allegation of material fact relied on to substantiate the third party claim.)

(Date)

_________________________________
(Signature of solicitor or defendant)
(Name, address, telephone and fax
numbers and electronic address of
solicitor or defendant)

FORM 316.2
Rule 316.2

NOTICE OF SUMMARY APPLICATION

(General Heading — Use Form 66)

(Court seal)

NOTICE OF SUMMARY APPLICATION

TO THE RESPONDENT:

A SUMMARY APPLICATION HAS BEEN COMMENCED by the applicant under section 231.7 of the Income Tax Act. The relief claimed by the applicant appears on the following page.

THIS APPLICATION will be heard by the Court on (day), (date), at (time) or as soon after that time as the application can be heard, at (place).

IF YOU WISH TO OPPOSE THIS APPLICATION, you or a solicitor acting for you must serve a respondent’s record and file three copies of it not later than 2 p.m. on the day that is two days before the day on which the application will be heard.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)

Issued by: ________________________
(Registry Officer)

Address of local office: ________________________

TO: (Name and address of each respondent)

(Name and address of every other person required to be served)

(Separate page)

SUMMARY APPLICATION

The applicant makes application for: (State the precise relief sought.)

The grounds for the application are: (State the grounds to be argued, including any statutory provision or rule relied on.)

This application will be supported by the following material: (List the supporting affidavits, including documentary exhibits, and the portions of transcripts to be used.)

(Date)

_________________________________
(Signature of solicitor or applicant)

(Name, address, telephone and fax numbers and
electronic address of solicitor or applicant)

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