Rules Amending the Rules of the Supreme Court of Canada: SOR/2019-1

Canada Gazette, Part II, Volume 153, Number 1

Registration

SOR/2019-1 December 19, 2018

SUPREME COURT ACT

Pursuant to subsection 97(1) of the Supreme Court Act footnote a, the undersigned judges of the Supreme Court of Canada make the annexed Rules Amending the Rules of the Supreme Court of Canada.

Ottawa, December 12, 2018

The Right Honourable Richard Wagner
The Honourable Rosalie Silberman Abella
The Honourable Michael J. Moldaver
The Honourable Andromache Karakatsanis
The Honourable Clément Gascon
The Honourable Suzanne Côté
The Honourable Russell Brown
The Honourable Malcolm Rowe
The Honourable Sheilah L. Martin

Judges of the Supreme Court of Canada

Rules Amending the Rules of the Supreme Court of Canada

Amendments

1 Rule 5.1 of the Rules of the Supreme Court of Canada footnote 1 is replaced by the following:

5.1 Unless otherwise directed by the Court, a judge or the Registrar, and subject to section 58 of the Act, the period beginning on December 23 in a year and ending on January 3 in the following year is not to be included in a computation of time under these Rules for the service and filing of documents, except for the service and filing of a notice of constitutional question under subrule 33(2).

2 Rule 14 of the Rules is replaced by the following:

14 (1) In the case of an application for leave to appeal, an appeal referred to in paragraph 33(1)(b) or (c) or an originating motion, any party or intervener, other than an individual, shall file with the Registrar a notice of name in Form 14 to confirm its name in each of the official languages or to certify that it does not have a bilingual name.

(2) A party or intervener that has filed a notice of name may request that the Registrar consider the notice as permanent so that it will be applied to all other matters before the Court involving the party or intervener. Any changes that affect the notice of name shall be submitted in writing to the Registrar.

3 Paragraph 20(1)(d.1) of the Rules is replaced by the following:

4 (1) The portion of subrule 23(1) of the Rules before paragraph (a) is replaced by the following:

23 (1) In the case of an application for leave to appeal or an originating motion, counsel for the applicant and the respondent and, in the case of an appeal referred to in paragraph 33(1)(b) or (c), counsel for the appellant and the respondent shall file a certificate in Form 23A certifying whether there is

(2) Subrule 23(5) of the Rules is replaced by the following:

(5) The certificates and documents referred to in subrules (1), (2) and (4) shall be filed at the same time as the application for leave to appeal or the response to that application, the originating motion or the response to that motion or, in the case of an appeal referred to in paragraph 33(1)(b) or (c), the notice of appeal or respondent’s factum.

5 Subparagraphs 25(1)(c)(vi) and (vii) of the Rules are replaced by the following:

6 Paragraphs 33(1)(b) to (d) of the Rules are replaced by the following:

7 Subrule 42(2) of the Rules is amended by striking out “and” at the end of paragraph (e) and by replacing paragraph (f) with the following:

8 Rule 49 of the Rules is amended by adding the following after subrule (1):

(1.1) In the case of a motion for intervention served and filed in accordance with Rule 55, the response shall be served and filed within 10 days after the day on which the last motion to which the response relates was served.

9 Rule 50 of the Rules is amended by adding the following after subrule (1):

(1.1) In the case of a response to a motion for intervention served and filed in accordance with Rule 55, the reply shall be served and filed within five days after the day on which the last response to which the reply relates was served.

10 Paragraph 56(a) of the Rules is replaced by the following:

11 (1) Subrule 71(5.1) of the Rules is replaced by the following:

(5.1) Despite paragraphs (5)(a) and (b), the time allotted for oral argument may be reduced to 30 minutes in an appeal referred to in paragraph 33(1)(b) or (c).

(2) Subrule 71(5.2) of the Rules is replaced by the following:

(5.2) A judge may authorize any attorney general who has filed a notice of intervention in accordance with subrule 33(4) to present oral argument at the hearing of the appeal and may determine the time to be allotted for the argument.

12 Rule 77 of the Rules is replaced by the following:

77 Every order shall be signed either by the judge who made it or by the Registrar and is deemed to be signed if it bears a facsimile of the judge’s or Registrar’s signature.

13 The heading before Rule 95 of the Rules is replaced by the following:

Notice Convening Court

14 The Rules are amended by adding the following after Rule 95:

Notice of Remote Participation by a Judge

95.1 (1) Following the approval of the Chief Justice, a judge may, in any proceeding before the Court, participate by use of any communication technology.

(2) In advance of a proceeding referred to in subrule (1), the Registrar is to, if feasible, send a notice of remote participation by a judge in Form 95.1.

15 Form 14 of the Rules is replaced by the following:

FORM 14

Rule 14

Notice of Name

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name), (any party or intervener, other than an individual), confirms its name in each of the official languages:

(Set out the name of the party or intervener in both official languages)

OR

TAKE NOTICE that (name), (any party or intervener, other than an individual), certifies that it does not have a bilingual name.

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel, agent or party or intervener filing notice)

Counsel or party or intervener filing notice

(Counsel’s (or party’s or intervener’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

 

Agent

(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party or intervener)

16 Form 25 of the Rules is amended by replacing the paragraph beginning with the words “TAKE NOTICE” with the following:

TAKE NOTICE that (name of applicant) applies for leave to the Supreme Court of Canada, under (cite the legislative provision or provisions that authorize the application for leave), from the judgment of the (name of the court appealed from and file number from that court) made on (date) and for (insert the nature of order or relief sought);

17 Form 29 of the Rules is replaced by the following:

FORM 29

Paragraph 29(2)(a)

Notice of Application for Leave To Cross-Appeal

(Style of Cause (Rule 22) – Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name of applicant) applies for leave to cross-appeal to the Supreme Court of Canada, pursuant to (cite the section of the Act or these Rules under which the application for leave to cross-appeal is made), from the judgment of the (name of the court appealed from and file number from that court) made on (date) and for (insert the nature of order or relief sought) or any other order that the Court may deem appropriate;

AND FURTHER TAKE NOTICE that this application for leave to cross-appeal is made on the following grounds: (set out concisely and number each ground on which the application is made).

Dated at (place and province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

Respondent

(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

 

Agent (if any)

(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party and all other parties and interveners in the court appealed from)

NOTICE TO THE APPLICANT: An applicant may serve and file a memorandum in response to this application for leave to cross-appeal within 30 days after the day on which the application for leave to cross-appeal is served.

18 Form 33A of the Rules is replaced by the following:

FORM 33A

Paragraph 33(1)(a)

Notice of Appeal

(Style of Cause (Rule 22) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that, pursuant to leave granted by the Supreme Court of Canada on (date), (name of appellant) appeals to the Court from the judgment of the (name of the court appealed from) made on (date);

OR

TAKE NOTICE that (name of appellant) appeals as of right to the Supreme Court of Canada under (cite the legislative provision or provisions that authorize the appeal) from the judgment of the (name of the court appealed from and file number from that court) made on (date);

(In the case of an appeal under paragraph 691(1)(a) or (2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, state the following:)

AND FURTHER TAKE NOTICE that this appeal raises the following question or questions of law:

AND/OR

AND FURTHER TAKE NOTICE that the dissenting judgment of the court appealed from is, in whole or in part, based on the following questions of law (as specified in the judgment issued under section 677 of the Criminal Code):

Dated at (place), (province or territory) this (date) day of (month), (year).

SIGNED BY (signature of counsel or party or agent)

Appellant

(Counsel’s (or party’s, if unrepresented) name, address and telephone number, and fax number and email address (if any))

 

Agent

(Agent’s name, address and telephone number, and fax number and email address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party and all other parties and interveners in the court appealed from)

(In the case of an appeal as of right, include a copy of the judgment and reasons for judgment of the court appealed from and a copy of the certificate in Form 23A and, if applicable, a copy of the certificates in Form 23B or 23C.)

19 Form 95 of the Rules is replaced by the following:

FORM 95

Rule 95

Notice Convening the Supreme Court of Canada

The Chief Justice or a Judge convenes the Supreme Court of Canada at _______________ on the _______________ day of _______________ 20__, for the purpose of hearing cases and disposing of any other business that may be brought before the Court.

By order of the Chief Justice, or by order of Justice _______________.

___________________________________

Registrar

Dated this _______________ day of _______________ 20__.

FORM 95.1

Subrule 95.1(2)

Notice of Remote Participation by a Judge of the Supreme Court of Canada

(Style of Cause)

TAKE NOTICE that a judge of the Supreme Court of Canada will participate remotely in the above-noted hearing on the _______________ day of _______________ 20__.

___________________________________

Registrar

Dated this _______________ day of _______________ 20__.

COPIES TO: (Name, address and telephone number, and fax number and email address (if any), of every party)

20 Item 3 of Schedule A to the Rules is replaced by the following:

3 For printed copies of documents, per document $10

21 Item 6 of Schedule A to the Rules is repealed.

22 Item 3 of Part 2 of Schedule B to the Rules is replaced by the following:

3 Subject to item 4, reasonable amounts incurred to attend proceedings before the Court for up to two counsel, including travel expenses, lodging expenses for a maximum of two nights for one hearing day plus an additional night of lodging for each additional hearing day, meals and any incidental expenses (for example, parking, taxi and telephone calls). Such expenses shall be supported by detailed and itemized receipts.

23 Item 5 of Part 2 of Schedule B to the Rules is replaced by the following:

5 All other itemized and detailed disbursements reasonably incurred, with the exception of disbursements incurred for electronic legal research. Detailed and itemized receipts are required for amounts claimed over $50.

Coming into Force

24 These Rules come into force on January 15, 2019.