Rules

In Force

Proposed Amendments

Recent Amendments

Timelines for Federal Court Procedures

These timelines are provided for convenience only – please refer to the relevant Acts and Rules.

References are to the Federal Courts Rules ("Rules") and the Federal Courts Immigration and Refugee Protection Rules ("Immigration Rules")

APPLICATIONS
IMMIGRATION AND REFUGEE MATTERS ONLY

Days Documents Procedures
0 Application for leave and for Judicial Review Filed and served within time allowed under section 72(2)(b) of the Immigration and Refugee Protection Act. Proof of service is to be filed 10 days after serving this Application - Immigration Rule 7(2).
Request for tribunal decision and reasons Contained in Application for leave – request made pursuant to Immigration Rule 9.
10 Notice of Appearance Served and filed by respondent within 10 days after service of the application for leave and judicial review - Immigration Rule 8.
30 Perfecting Application for Leave Served and filed by applicant on every respondent who has filed a notice of appearance within 30 days after filing the application - Immigration Rule 10(1)(a); or within 30 days of receipt of the tribunal's written reasons if Immigration Rule 10(1)(b) applies;
60 Respondent's Affidavits and Memorandum of Argument Served and filed by respondent on other parties within 30 days after service of applicant's record - Immigration Rule 11.
70 Reply Served and filed by applicant within 10 days after service of the respondent's memorandum of argument - Immigration Rule 13.

APPLICATIONS
OTHER THAN IMMIGRATION AND REFUGEE MATTERS
Days Documents Procedures
0 Notice of Application Issued within time allowed under statute, if any; served within 10 days after issuance- rule 304(1) and proof of service filed within 10 days of service - rule 304(3); service on Attorney General or Minister deemed to take place when filed-rule 133
Request for tribunal materials Made in notice of application or otherwise- rule 317
10 Notice of Appearance Served and filed within 10 days after service of the notice of application-rule 305
30 Applicant's Affidavits Served and proof of service filed within 30 days after issuance of the notice of application- rule 306
60 Respondent's Affidavits Served and proof of service filed within 30 days after service of applicant's affidavits - rule 307
80 Cross-Examination Completed within 20 days after filing of respondent's affidavits or expiration of time therefore- rule 308
100 Applicant's Record Served and filed within 20 days after completion of cross-examinations, or expiration of time - rule 309
120 Respondent's Record Served and filed within 20 days after service of applicant's record-rule 310
130 Requisition for Hearing Served and filed within 10 days after service of respondent's record or expiration of time - rule 314
180 Status Review If no requisition for hearing within 180 days of issuance of the notice of application-rule 380

ACTIONS
Days Documents Procedures
0 Statement of claim Served within 60 days of issuance- rule 203; service on Crown, Attorney General or Minister deemed to take place at filing- rule 133 or sec. 48 of the Federal Courts Act
30 Statement of Defence Served and filed within 30 days after service of the Statement of Claim- rule 204.
40 Reply; Close of Pleadings Served and filed within 10 days after service of the Statement of Defence - rule 205; close of pleadings on filing of reply or expiration of time - rule 202
50 Documents referred to in Pleadings Served within 10 days after service of pleadings-rule 206
70 Affidavit of Documents Served within 30 days after close of pleadings-rule 223
100 Settlement Discussions Within 60 days after close of pleadings-rule 257
180 Status Review If pleadings not closed within 180 days of issuance of the Statement of Claim-rule 380
360 Status Review If no requisition for pre-trial conference within 360 days of issuance of the Statement of Claim-rule 380

APPEALS
Days Documents Procedures
0

Notice of Appeal

Issued within time allowed under statute, if any – rule 337; served within 10 days after issuance- rule 339(1) and proof of service filed within 10 days of service - rule 339(2); service on Attorney General or Minister deemed to take place when filed-rule 133

Request for tribunal materials

Made in notice of appeal or otherwise - rule 350

10

Notice of Appearance or cross-appeal

Served and filed within 10 days after service of the notice of appeal - rule 341(1)(a) or rule 341(1)(b)

30

Content of Appeal Books

Within 30 days after filing of Notice of Appeal, file agreement in writing as to content of Appeal Books – rule 343(1) failing agreement, within 10 days of expiration of time, motion in writing to be filed for Court to determine content – rule 343(3);

40

Transcripts

Proof of ordering transcripts / reproduction of exhibits filed within 10 days after filing agreement or order settling the content of appeal book – rule 343(4)

60

Preparation of Appeal Book

Appeal Book served and filed 30 days after filing agreement or order settling the contents – rule 345; the cover shall be grey – rule 344(1)

90

Appellant’s Memorandum

Served and filed within 30 days after filing an Appeal Book – rule 346(1); the cover shall be beige – rule 346(4)(a)

120

Respondent’s Memorandum

Served and filed within 30 days after service of the Appellant’s memorandum – rule 346(2); to include memorandum as appellant by cross-appeal, if applicable – rule 346(3)(a); the cover shall be green – rule 346(4)(b)

150

Appellant’s Memorandum (cross-appeal)

Served and filed within 30 days after service of the Respondent’s memorandum – rule 346(3)(b)

140

Requisition for Hearing

Served and filed within 20 days after service of Respondent’s memorandum or expiration of time – rule 347(1)

Joint book of Authorities

Filed 30 days before the hearing date – rule 348(1); the cover shall be burgundy; if parties file separate books, the covers shall be same colours as memorandums – rule 348(4)

The Federal Court Internet Web Site contains links to other related World Wide Web Internet sites that may offer certain resources to visitors. Since the Registry of the Federal Court is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or webmaster of the particular site.

Furthermore, the inclusion of a commercial enterprise or organization on a listing of links on our website is neither to be interpreted as being exhaustive nor that the services they may offer are necessarily endorsed by the Federal Court. Rather they are listed here as a matter of convenience and/or upon specific request of site visitors.

If there are other external sites that you would like to suggest we add to our listings, please contact reception@cas-satj.gc.ca and suggest them for possible inclusion.

Footer

Date Modified: 2013-01-04