Vol. 145, No. 7 — March 30, 2011

Registration

SOR/2011-74 March 17, 2011

SUPREME COURT ACT

ARCHIVED — Rules Amending the Rules of the Supreme Court of Canada

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

Ottawa, March 16, 2011

The Right Honourable Beverley McLachlin
The Honourable Ian Binnie
The Honourable Louise Charron
The Honourable Marshall Rothstein
The Honourable Thomas Cromwell
Judges of the Supreme Court of Canada

RULES AMENDING THE RULES OF THE SUPREME COURT OF CANADA

AMENDMENTS

1. The definition “counsel” in Rule 2 of the Rules of the Supreme Court of Canada (see footnote 1) is replaced by the following:

“counsel” means a member of the bar of a province. (procureur)

2. (1) Rule 5 of the Rules is amended by adding the following after subrule (1):

(1.1) If the filing and serving are to be done within a specified number of weeks after a specified day or event, the period is calculated by

(a) excluding that day or the day of the event; and

(b) including the last day of the last seven-day period.

(2) Subrule 5(3) of the Rules is replaced by the following:

(3) The month of July shall not be included in the computation of time under these Rules except for the service and filing of a record, factum or book of authorities under Rules 35 to 37 and a motion for intervention under paragraph 56(b), including any response or reply, and service of a notice of constitutional question under subrule 61(2).

3. Rule 5.1 of the Rules 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 21 in a year and ending on January 7 in the following year shall not be included in a computation of time under these Rules for serving and filing documents, except for the service and filing of a motion to state a constitutional question under subrule 60(1).

4. Rule 10 of the French version of the Rules is replaced by the following:

10. Le registraire tient tous les registres nécessaires à l’inscription des mesures prises dans l’instance.

5. (1) The heading before Rule 14 of the French version of the Rules is replaced by the following:

DÉNOMINATION DES PARTIES

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

14. A party whose name is registered in accordance with a federal or provincial Act shall file with the Registrar a notice of name in Form 14.

6. (1) The heading before Rule 17 of the French version of the Rules is replaced by the following:

CHANGEMENT DE REPRÉSENTATION OU CESSATION D’OCCUPER DU PROCUREUR OU DU CORRESPONDANT

(2) Subrules 17(1) and (2) of the Rules are replaced by the following:

17. (1) A party may change their counsel or agent by identifying the new counsel or agent on the originating document, or during the course of the proceeding, by serving on all other parties and filing with the Registrar a notice of change setting out the name, address and telephone number, and the fax number and email address, if any, of the new counsel or agent.

(2) A party who was represented by counsel in the court appealed from may elect to act in person by signing the originating document.

(3) Subrules 17(4) and (5) of the French version of the Rules are replaced by the following:

(4) Un procureur peut choisir de cesser de représenter une partie devant la Cour :

a) soit en signifiant aux autres parties et en déposant auprès du registraire un avis de cessation d’occuper accompagné du consentement de la partie;

b) soit, faute de consentement, en demandant par requête à un juge ou au registraire une ordonnance l’autorisant à cesser d’occuper pour cette partie et en signifiant à cette partie ainsi qu’aux autres parties la requête et, le cas échéant, l’ordonnance autorisant la cessation d’occuper.

(5) Un correspondant peut cesser de représenter une partie en signifiant un avis de cessation d’occuper à cette dernière ainsi qu’aux autres parties et en le déposant auprès du registraire.

7. Subrules 19(1) to (3) of the Rules are replaced by the following:

19. (1) A document may be filed with the Registrar by

(a) hand delivery;

(b) mail or courier; or

(c) fax transmission, except in the case of a document that these Rules require to be bound.

(2) On receipt of a document, the Registrar may

(a) accept or reject the document for filing; or

(b) accept the document for filing subject to the making of any corrections or the fulfilling of any conditions precedent.

(3) A document that is filed by fax transmission shall include a cover page in accordance with subrule 20(3) and is deemed to have been filed on the day on which it is received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

8. Rules 20 and 21 of the Rules are replaced by the following:

FILING OF SEALED DOCUMENTS

19.1 (1) A document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation shall be filed in a sealed envelope and accompanied by a covering letter and a copy of the sealing or confidential order or provision of the applicable legislation.

(2) The following documents shall be filed in a sealed envelope, along with two redacted printed versions and one redacted electronic version of the document if one is required under these Rules:

(a) a document containing a document that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation;

(b) a document that reveals information that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential by legislation; or

(c) a document that a party requires to be sealed.

(3) A document referred to in paragraph (2)(b) or (c) shall be accompanied by a motion to seal to the Registrar.

SERVICE OF DOCUMENTS

20. (1) Service of any document on a party shall be made on the party’s counsel or agent or, if the party is not represented by counsel, on the party or the party’s agent by

(a) personal service made on any day other than a holiday;

(b) ordinary mail, except for originating documents or documents filed in support;

(c) registered or certified mail or by courier;

(d) fax transmission, except for

(i) documents that are required to be bound under these Rules, and

(ii) documents that are longer than 40 pages, unless the recipient consents to the fax transmission, or

(e) leaving a copy with a party’s counsel or agent or with an employee in the office of the counsel or agent.

(2) Service of both the printed and electronic versions is not required if the counsel being served accepts service of one of those versions.

(3) Every document served by fax transmission shall include a cover page that shows

(a) the title of the document being transmitted;

(b) the sender’s name, address and telephone number;

(c) the name of the party being served and of the party’s counsel, if any;

(d) the date and approximate time of the transmission;

(e) the number of pages transmitted, including the cover page;

(f) the fax number of the transmitting fax machine; and

(g) the name and telephone number of the person to contact if there are transmission problems.

(4) Subject to subrule (5), a document is deemed to have been served on the day on which it is received or is admitted to have been received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

(5) A document served by ordinary mail is deemed to have been served on the fifth business day after the document is mailed.

(6) When an attempt by an authorized person to serve a document in accordance with the rules of procedure applicable in the province or territory in which the document is served has failed and was recorded in that person’s certificate of service, he or she may serve the document by leaving on the premises a copy of the document intended for the addressee.

(7) Proof of service of the printed version or the electronic version is sufficient.

(8) Proof of service shall be verified by filing, in accordance with Rule 19, one of the following documents within two days after service, unless a judge or the Registrar otherwise orders:

(a) an affidavit of service in Form 20;

(b) a certificate of service by any authorized person in accordance with the rules of procedure applicable in the province or territory in which the document is served;

(c) an admission of service endorsed by the party or their counsel or agent;

(d) if service is made by registered or certified mail or by courier, an affidavit annexing a post office receipt, a receipt card bearing the signature of the person served or a copy of the tracking results of the courier service indicating the status of the delivery of the document; or

(e) if service is made by fax transmission, a copy of the cover page in accordance with subrule (3) and a transmission slip that confirms the date and time of transmission.

(9) The Registrar may, on motion, make any order for substitutional service that the circumstances require.

GUIDELINES FOR PREPARING DOCUMENTS

21. (1) Every document before the Court shall be prepared in accordance with the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic), as amended from time to time.

(2) Unless otherwise ordered or permitted by the Court, a judge or the Registrar, if an electronic version of a document is required by these Rules, it must be a true copy of the original printed version; in the case of a discrepancy, the original printed version will be considered official.

9. (1) The heading before Rule 22 of the Rules is replaced by the following:

STYLE OF CAUSE

(2) Subrule 22(1) of the Rules is repealed.

(3) The portion of subrule 22(2) of the French version of the Rules before paragraph (a) is replaced by the following:

(2) L’intitulé de la demande d’autorisation d’appel contient le nom des personnes énumérées ci-après, suivis de leur qualité devant la juridiction inférieure :

(4) Paragraph 22(2)(b) of the Rules is replaced by the following:

(b) as a respondent, each party against whom the applicant brings the application for leave to appeal — including, in Quebec, a mis-en-cause — and who was adverse in interest to the applicant in the court appealed from; and

(5) The portion of subrule 22(3) of the French version of the Rules before paragraph (a) is replaced by the following:

(3) L’intitulé de l’appel contient le nom des personnes énumérées ci-après, suivis de leur qualité devant la juridiction inférieure :

(6) Paragraph 22(3)(b) of the Rules is replaced by the following:

(b) as a respondent, each party against whom the appellant brings the appeals — including, in Quebec, a mis-en-cause — and who was adverse in interest to the appellant in the court appealed from; and

10. Rules 23 and 24 of the Rules are repealed.

11. (1) The portion of subrule 25(1) of the Rules before paragraph (a) is replaced by the following:

25. (1) An application for leave to appeal shall be bound and consist of the following, in the following order:

(2) Paragraphs 25(1)(a) to (d) of the Rules are replaced by the following:

(a) a notice of application for leave to appeal in Form 25A;

(b) a notice of name in Form 14, if applicable;

(c) a certificate in Form 25B that states

(i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

(ii) whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and

(iii) whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;

(c.1) a copy of any order referred to in subparagraphs (c)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (c)(i) to (iii);

(d) if a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues;

(3) Subparagraph 25(1)(f)(i) of the Rules is replaced by the following:

(i) Part I, a concise overview of the party’s position with respect to issues of public importance that are raised in the application for leave to appeal and a concise statement of facts,

(4) Paragraph 25(1)(g) of the Rules is replaced by the following:

(g) the documents, including any affidavit in support of the application for leave to appeal, that the applicant intends to rely on, in chronological order.

(5) Subrule 25(5) of the Rules is replaced by the following:

(5) An application for leave to appeal may contain, after the memorandum of argument, a copy of the authorities that the applicant intends to rely on, or be accompanied by six copies of a book of authorities that is bound, contains a copy of those authorities and is prepared in accordance with Rule 44, with any modifications that the circumstances require.

12. Subrule 27(2) of the Rules is replaced by the following:

(2) The response shall be bound and consist of the following, in the following order:

(a) a notice of name in Form 14, if applicable;

(b) a certificate in Form 25B in accordance with paragraph 25(1)(c);

(c) a memorandum of argument in accordance with paragraph 25(1)(f), with Parts I to V not exceeding 20 pages in the case of a respondent and five pages in the case of an intervener; and

(d) the documents that the respondent or intervener intends to rely on, in chronological order, in accordance with subrules 25(3) to (5).

13. (1) The portion of subrule 28(1) of the Rules before paragraph (a) is replaced by the following:

28. (1) Within 10 days after service of the response of the respondent or the intervener to the application for leave to appeal or within the time referred to in subrule 30(1) if paragraph 30(2)(b) applies, the applicant may reply by

(2) Subrule 28(2) of the Rules is replaced by the following:

(2) The reply shall be bound, unless served and filed in the form of correspondence, and consist of a memorandum of argument not exceeding five pages.

14. (1) Paragraphs 29(1)(a) and (b) of the Rules are replaced by the following:

(a) serving an application for leave to cross-appeal on all other parties who are named in the style of cause for the application for leave to cross-appeal for which subrule 22(2) applies;

(b) sending to any party in the court appealed from who is not named in the style of cause for the application for leave to cross-appeal a copy of the notice of application for leave to cross-appeal by ordinary mail or by fax to the last known address or fax number; and

(2) Paragraph 29(2)(a) of the Rules is replaced by the following:

(a) shall be bound and be otherwise in accordance with Rule 25 and Form 29, with any modifications that the circumstances require; and

(3) Subrule 29(4) of the Rules is replaced by the following:

(4) In the circumstances set out in subrule (3), the appellant may serve and file, in accordance with subrule 35(4), a factum in response that is bound and does not exceed 20 pages.

15. Paragraph 30(2)(a) of the Rules is replaced by the following:

(a) shall be bound and be otherwise in accordance with subrule 27(2), with any modifications that the circumstances require; and

16. Subrule 31(2) of the Rules is replaced by the following:

(2) The reply shall be bound, unless served and filed in the form of correspondence, and consist of a memorandum of argument not exceeding five pages.

17. (1) Paragraph 33(c) of the Rules is replaced by the following:

(c) in the case of an appeal under paragraphs 691(1)(a), 691(2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, set out the questions of law, including the question of law on which the dissenting judgment of the court appealed from is, in whole or in part, based, and include as a schedule to the notice of appeal a copy of the judgment and reasons for judgment appealed from;

(2) Paragraphs 33(e) and (f) of the Rules are replaced by the following:

(e) in the case of an appeal referred to in paragraph (c) or (d), be accompanied by a certificate in Form 25B that states

(i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

(ii) whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and

(iii) whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;

(e.1) include a copy of any order referred to in subparagraphs (e)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (e)(i) to (iii); and

(f) if a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, be accompanied by a certificate in Form 25C setting out the issues.

18. Rule 34 of the Rules is replaced by the following:

34. (1) In addition to the service required under paragraph 58(1)(b) of the Act, the appellant shall send to any party in the court appealed from who is not named in the style of cause referred to in subrule 22(3) a copy of the notice of appeal by ordinary mail or by fax to the last known address or fax number.

(2) The appellant shall file with the Registrar the original and one copy of the printed version of the notice of appeal together with an affidavit setting out the names of the parties referred to in subsection (1) and the addresses or fax numbers to which the copies were sent.

(3) The appellant shall file with the Registrar one copy of the electronic version of the notice of appeal.

19. Rules 35 to 39 of the Rules are replaced by the following:

35. (1) Subject to subrule (2), within 12 weeks after the notice of appeal is filed, the appellant shall

(a) serve on all other appellants and all respondents

(i) one copy of the electronic version of the appellant’s notice of appeal, factum, record and book of authorities,

(ii) three copies of the printed version of the appellant’s factum, and

(iii) one copy of the printed version of the appellant’s record and book of authorities;

(b) serve on all interveners one copy of the printed and electronic versions of the appellant’s factum, record and book of authorities;

(c) file with the Registrar

(i) one copy of the electronic version of the appellant’s factum, record and book of authorities,

(ii) the original and 23 copies of the printed version of the factum, and the original and 20 copies of the printed version of any volume of the record containing Parts I and II,

(iii) 11 copies of all other volumes of the printed version of the record, and

(iv) 11 copies of the printed version of the book of authorities; and

(d) file with the Registrar a redacted copy of the electronic version of the appellant’s factum, if the factum contains any of the following:

(i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

(ii) information that is subject to a publication ban,

(iii) information that is subject to limitations on public access, or

(iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

(2) If a motion to state a constitutional question has been filed, the 12-week period referred to in subrule (1) shall begin on the day on which the motion to state a constitutional question is decided.

(3) Within two weeks after being served under paragraph 36(2)(a) with a respondent’s factum that includes a factum in a cross-appeal, the appellant may serve and file, in accordance with subparagraph (1)(a)(i), paragraph (1)(b) and subparagraph (1)(c)(i), a factum in response to the cross-appeal.

(4) Within two weeks after being served with the factum referred to in subrule 29(3), the appellant may serve and file a factum in response in accordance with subparagraph (1)(a)(i), paragraph (1)(b) and subparagraph (1)(c)(i).

SERVICE AND FILING OF RESPONDENT’S DOCUMENTS

36. (1) Within eight weeks after the service of the appellant’s record, the respondent shall

(a) serve on all appellants, all other respondents and all interveners one copy of the printed and electronic version of the respondent’s record; and

(b) file with the Registrar one copy of the electronic and original version and 11 copies of the printed version of the record.

(2) Within eight weeks after the service of the appellant’s factum, the respondent shall

(a) serve on all appellants and all other respondents

(i) one copy of the electronic version of the respondent’s factum and book of authorities,

(ii) three copies of the printed version of the respondent’s factum, and

(iii) one copy of the printed version of the respondent’s book of authorities;

(b) serve on all interveners one copy of the printed and electronic version of the respondent’s factum and book of authorities;

(c) file with the Registrar

(i) one copy of the electronic version of the respondent’s factum and book of authorities,

(ii) the original version and 23 copies of the printed version of the respondent’s factum, and

(iii) 11 copies of the printed version of the respondent’s book of authorities; and

(d) file with the Registrar a redacted copy of the electronic version of the respondent’s factum, if the factum contains any of the following:

(i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

(ii) information that is subject to a publication ban,

(iii) information that is subject to limitations on public access, or

(iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

SERVICE AND FILING OF INTERVENER’S DOCUMENTS

37. Within eight weeks after the order granting leave to intervene for an intervener referred to in subparagraph 22(3)(c)(ii), within 20 weeks after the filing of a notice of intervention under subrule 61(4) for an intervener referred to in subparagraph 22(3)(c)(iii) or within eight weeks after the service of the appellant’s factum for an intervener referred to in subparagraph 22(3)(c)(i) or (iv), as the case may be, the intervener shall

(a) serve on all other parties one copy of the printed and electronic version of the intervener’s factum and book of authorities;

(b) file with the Registrar

(i) one copy of the electronic version of the intervener’s factum and book of authorities,

(ii) the original and 23 copies of the printed version of the intervener’s factum, and

(iii) 11 copies of the printed version of the intervener’s book of authorities, and

(c) file with the Registrar a redacted copy of the electronic version of the intervener’s factum, if the factum contains any of the following:

(i) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

(ii) information that is subject to a publication ban,

(iii) information that is subject to limitations on public access, or

(iv) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

DOCUMENTS ON APPEAL AND CROSS-APPEAL

Appellant’s Record

38. (1) An appellant’s record shall be bound and consist of the following parts:

(a) Part I, a Certificate of Counsel in Form 38;

(b) Part II, copies of all formal judgments as issued by the lower courts and the respective reasons for judgment, if any, beginning with the court of first instance or administrative tribunal, as the case may be, and ending with the court appealed from, and the complete charge to the jury, if any;

(c) Part III, pleadings, orders and entries, including any order or judgment granting leave to appeal, and any order stating a constitutional question referred to in subrule 60(1), in chronological order;

(d) Part IV, evidence, including transcripts and affidavits; and

(e) Part V, exhibits, in the order in which they were filed at trial.

(2) Parts III to V of the record shall contain only the documents that are necessary to raise the question for the Court, and, if available, those documents shall be filed in both official languages.

(3) All documents in a record, other than transcripts, shall be reproduced in full.

Respondent’s Record

39. (1) A respondent’s record shall be bound and consist of the following parts:

(a) Part I, a Certificate of Counsel in Form 39;

(b) Part II, pleadings, orders and entries, in chronological order;

(c) Part III, evidence, including transcripts and affidavits; and

(d) Part IV, exhibits, in the order in which they were filed at trial.

(2) Parts II to IV of the record shall contain only the documents that are not already included in the appellant’s record and are necessary to raise the question for the Court, and, if available, those documents shall be filed in both official languages.

(3) All documents in a record, other than transcripts, shall be reproduced in full.

20. Rule 40 of the Rules is repealed.

21. (1) Subrule 42(1) of the Rules is repealed.

(2) The portion of subrule 42(2) of the Rules before paragraph (a) is replaced by the following:

(2) The factum shall be bound and consist of the following parts:

(3) Subparagraph 42(2)(a)(ii) of the French version of the Rules is replaced by the following:

(ii) dans le cas de l’intimé : exposé concis de sa position, notamment sur les faits exposés par l’appelant, et des autres faits qu’il estime pertinents,

(4) Subparagraph 42(2)(a)(iii) of the Rules is replaced by the following:

(iii) in the intervener’s factum, a concise overview of their arguments with respect to their intervention, including a concise statement of the facts relevant to the issue on which they have intervened;

(5) Paragraph 42(2)(c) of the French version of the Rules is replaced by the following:

c) partie III : exposé des arguments énonçant succinctement les questions de droit ou de fait à débattre, avec renvoi à la page du dossier ainsi qu’à l’onglet, à la page et au paragraphe des sources invoquées;

(6) Subparagraph 42(2)(e)(ii) of the Rules is replaced by the following:

(ii) in the intervener’s factum, if not yet determined in the order granting the intervention, any request for permission to present oral argument at the hearing of the appeal;

(7) Subrules 42(4) to (6) of the Rules are replaced by the following:

(4) Parts I to V of the factum of any appellant or respondent shall not exceed 40 pages, unless a judge or the Registrar, on motion, otherwise orders.

(5) Parts I to V of the factum of an an attorney general referred to in subrule 61(4) shall not exceed 20 pages, unless a judge or the Registrar, on motion, otherwise orders.

(6) Parts I to V of the factum of an intervener, other than an attorney general referred to in subrule 61(4), shall not exceed 10 pages, unless a judge or the Registrar, on motion, otherwise orders.

(7) The appellant shall include a copy of any order stating a constitutional question referred to in subrule 61(1) as an appendix to their factum.

22. (1) Subrule 44(1) of the Rules is repealed.

(2) Subrule 44(2) of the Rules is replaced by the following:

(2) The book of authorities shall be bound and contain

(a) a copy of all of the following authorities that the party intends to rely on, each of which shall be marked with a tab:

(i) in the case of a respondent’s book, only the authorities not contained in the appellant’s book of authorities, and

(ii) in the case of an intervener’s book, only the authorities not contained in either the appellant’s or the respondent’s book of authorities; and

(b) a photocopy or a printout from an electronic database of the provisions of any statute, regulation, rule, ordinance or by-law that are cited in Part III of the factum and are not included in Part VII of the factum, in both official languages if they are required by law to be published in both official languages.

(3) Paragraph 44(4)(b) of the French version of the Rules is replaced by the following:

b) le texte intégral des motifs qui ne sont pas disponibles sous forme électronique.

(4) Subrules 44(5) to (7) of the Rules are repealed.

23. (1) Subrule 45(1) of the Rules is replaced by the following:

45. (1) A party at the hearing of the appeal shall provide all other parties with a copy of a bound single condensed book containing the excerpts from the record and book of authorities that that party will refer to in oral argument and shall file 14 copies with the Registrar.

(2) Subrule 45(2) of the Rules is repealed.

24. (1) Rule 46 of the Rules is amended by adding the following after subrule (1):

(1.1) An electronic version of the notice of reference and the order in council authorizing the reference shall be filed with the Registrar.

(2) Subsection 46(5) of the Rules is replaced by the following:

(5) Within one week after the filing of the notice of reference, the Governor in Council shall serve a copy of the printed and electronic version of the notice of reference and the order in council referred to in subrule (1) on the attorney general of each province and on the minister of Justice of each territory.

(3) Subrules 46(7) to (9) of the Rules are replaced by the following:

(7) Within 12 weeks after the filing of the notice of reference, the Governor in Council shall

(a) serve on the attorney general of any province or on the minister of Justice of any territory, having served a notice of intervention under paragraph (6)(a), and any counsel requested to argue a case under subsection 53(7) of the Act, a printed and an electronic version of the Governor in Council’s factum, record and book of authorities;

(b) file with the Registrar

(i) the electronic version of the factum, record and book of authorities,

(ii) the original version of the factum and 23 copies of its printed version, and

(iii) 11 copies of the printed version of the record and book of authorities.

(8) Any counsel requested to argue a case under subsection 53(7) of the Act shall, within eight weeks after the request or within eight weeks after the filing of the Governor in Council’s factum, whichever is later,

(a) serve electronic and printed versions of the counsel’s factum, record and book of authorities on the Governor in Council;

(b) file with the Registrar

(i) the electronic version of the factum, record and book of authorities,

(ii) the original version of the factum and 23 copies of its printed version, and

(iii) 11 copies of the printed version of the record and book of authorities.

(9) An attorney general of a province or a minister of Justice of a territory filing a notice of intervention under subrule (6) shall, within 20 weeks after filing the notice,

(a) serve on the Governor in Council and any counsel requested to argue a case under subsection 53(7) of the Act a copy of the attorney general’s factum, or the minister’s factum, and book of authorities;

(b) file with the Registrar

(i) the electronic version of the factum, record and book of authorities,

(ii) the original version of the factum and 23 copies of its printed version, and

(iii) 11 copies of the printed version of the record and book of authorities.

(4) Subrule 46(12) of the Rules is replaced by the following:

(12) A redacted electronic version of any factum in a reference shall be filed, if the factum contains any of the following:

(a) information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation;

(b) information that is subject to a publication ban;

(c) information that is subject to limitations on public access; or

(d) personal data identifiers or personal information that, if combined with the individual’s name, could pose a serious threat to the individual’s personal security.

25. (1) Paragraph 47(1)(b) of the Rules is replaced by the following:

(b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;

(2) Subrule 47(1.1) of the Rules is replaced by the following:

(1.1) An originating motion shall include, after the notice of motion,

(a) a certificate in Form 25B that states

(i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

(ii) whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and

(iii) whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;

(b) a copy of any order referred to in subparagraph (a)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (a)(i) to (iii); and

(c) if a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues.

26. (1) The portion of subrule 52(1) of the Rules before paragraph (a) is replaced by the following:

52. (1) When the Act or these Rules require that a motion be heard by the Court, the motion shall be bound and consist of the following, in the following order:

(2) Paragraph 52(1)(b) of the Rules is replaced by the following:

(b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;

(3) Subrule 52(1.1) of the Rules is replaced by the following:

(1.1) An originating motion shall include, after the notice of motion,

(a) a certificate in Form 25B that states

(i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

(ii) whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and

(iii) whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;

(b) a copy of any order referred to in subparagraphs (a)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (a)(i) to (iii); and

(c) if a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues.

27. The portion of subrule 54(2) of the Rules before paragraph (a) is replaced by the following:

(2) The response shall be bound and consist of the following, in the following order:

28. (1) The heading before Rule 60 of the French version of the Rules is replaced by the following:

REQUÊTE EN FORMULATION D’UNE QUESTION CONSTITUTIONNELLE

(2) The portion of subrule 60(1) of the French version of the Rules before paragraph (a) is replaced by the following:

60. (1) Dans les trente jours suivant l’octroi de l’autorisation d’appel ou le dépôt de l’avis d’appel dans le cas d’un appel de plein droit, l’appelant, l’intimé ou le procureur général qui entend soulever l’une ou l’autre des questions ci-après doit présenter au Juge en chef ou à un autre juge une requête en formulation d’une question constitutionnelle :

29. Subrule 61(5) of the Rules is repealed.

30. The heading before Rule 62 of the French version of the Rules is replaced by the following:

REQUÊTE EN SURSIS D’EXÉCUTION

31. The Rules are amended by adding the following after Rule 63:

ASSIGNMENT OF COUNSEL BY THE COURT TO ACT ON BEHALF OF ACCUSED

63.1 (1) For the purposes of section 694.1 of the Criminal Code, the accused who is the appellant, applicant or respondent in a proceeding shall file with the Registrar a letter containing the following information:

(a) an explanation of why legal assistance is necessary;

(b) a statement that the accused has not sufficient means to obtain legal assistance;

(c) a confirmation of the refusal by a provincial legal aid program to grant legal aid to the accused; and

(d) the name of the lawyer willing to act on behalf of the accused.

(2) The consent of the Attorney General who is the appellant, applicant or respondent in the proceeding shall be filed with the letter referred to in subsection (1).

32. (1) The portion of subrule 71(1) of the Rules before paragraph (a) is replaced by the following:

71. (1) Unless the Court, a judge or the Registrar otherwise orders or directs,

(2) Subrule 71(4) of the French version of the Rules is replaced by the following:

(4) Le nom des procureurs qui comparaîtront devant la Cour est communiqué par écrit au registraire au moins deux semaines avant l’audition de l’appel.

(3) The portion of subrule 71(5) of the Rules before paragraph (a) is replaced by the following:

(5) Unless the Court, a judge or the Registrar otherwise orders or directs,

(4) Paragraph 71(5)(c) of the Rules is replaced by the following:

(c) an attorney general referred to in subrule 61(4) shall limit their oral argument to 10 minutes.

33. (1) The portion of subrule 73(3) of the Rules before paragraph (a) is replaced by the following:

(3) The motion for reconsideration shall be bound and consist of the following, in the following order:

(2) Subrule 73(4) of the Rules is replaced by the following:

(4) A motion for reconsideration that includes an affidavit that does not set out exceedingly rare circumstances as required in paragraph 3(b), shall not be submitted to the Court.

34. The portion of subrule 81(1) of the Rules before paragraph (a) is replaced by the following:

81. (1) Within 30 days after a judgment, a party may make a motion to a judge or, if all the parties affected have consented to amend the judgment, a request to the Registrar, if the judgment

35. The heading before Rule 92.1 of the French version of the Rules is replaced by the following:

CHANGEMENTS AYANT UNE INCIDENCE SUR LE DOSSIER

36. The heading before Rule 94 and Rule 94 of the French version of the Rules are replaced by the following:

AVIS À LA COMMUNAUTÉ JURIDIQUE

94. Le registraire peut fournir les avis qu’il estime nécessaires à la communauté juridique pour expliquer ou préciser les présentes règles ou les usages devant la Cour.

37. 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) is registered in accordance with (name federal or provincial Act) under its name only (official language in which the name is registered).

OR

TAKE NOTICE that (name) is registered in accordance with (name federal or provincial Act) under the following bilingual name:

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

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

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

________________________
Counsel or party filing notice

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

________________________
Agent

(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

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

38. Form 16 of the Rules is amended by replacing the reference “ (General Heading — Use Form 22) ” after the heading “NOTICE OF AGENT REPRESENTING TWO OPPOSING PARTIES” with the following:

(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))

39. Form 20 of the Rules is replaced by the following:

FORM 20
Rule 20

AFFIDAVIT OF SERVICE

(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))

I, (name of deponent), (profession of deponent), of (place, province or territory), MAKE OATH AND SAY AS FOLLOWS:

THAT on the (date) day of (month), (year), I did serve (name of person served), with a true copy of the (identify document served) by (list the method or methods of service used):

(a) ordinary mail;

(b) registered or certified mail or by courier (annex a post office receipt, a receipt bearing the signature of the person served or a copy of the tracking results of the courier service indicating the status of the delivery of the document); or

(c) electronic mail.

Sworn (or Affirmed) before me at

the (City, Town, etc.) of (name) in the (Province or Territory) of (name), this ___ day of ______, 20__.

________________________

A Commissioner of Oaths

________________________

(Signature of deponent)

40. Forms 22 and 23 of the Rules are repealed.

41. Form 25A of the Rules is amended by replacing the reference “ (General Heading — Use Form 22) ” after the heading “NOTICE OF APPLICATION FOR LEAVE TO APPEAL” with the following:

(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))

42. Form 25B of the Rules is replaced by the following:

FORM 25B
Rule 25

CERTIFICATE (COUNSEL OR AGENT OF THE APPLICANT OR APPELLANT)

(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))

I (name), (counsel or agent) for (name of applicant or appellant), hereby certify that

(a) (state whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation);

(b) (state whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban); and

(c) (state whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations).

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

(Counsel or agent) for the (applicant or appellant)

___________________________

(Signature)

ORIGINAL TO: THE REGISTRAR

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

(Include a copy of any order or provision of applicable legislation. Any document that includes information listed in (a) shall be filed in a sealed envelope. If that document is required to be filed by these Rules, it shall be accompanied by a motion to seal, two redacted printed versions and one redacted electronic version of the document, if required — See Rule 19.1.)

SOR/2006-203, s. 43.

43. Form 25C of the Rules is replaced by the following:

FORM 25C
Rule 25

CERTIFICATE (COUNSEL OR AGENT OF THE APPLICANT OR APPELLANT)

(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))

I (name), (counsel or agent) for (name of applicant or appellant), hereby certify that (if a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, set out the issues).

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

(Counsel or agent) for the (applicant or appellant)

___________________________

(Signature)

ORIGINAL TO: THE REGISTRAR

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

SOR/2006-203, s. 43.

44. Form 29 of the Rules is amended by replacing the reference “ (General Heading — Use Form 22 and style of cause for a p plication for leave or appeal, as the case may be) ” after the heading “NOTICE OF APPLICATION FOR LEAVE TO CROSS-APPEAL” with the following:

(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))

45. Form 33 of the Rules is replaced by the following:

FORM 33
Rule 33

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 Court on (date), (name of appellant) hereby appeals to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date);

OR

TAKE NOTICE that (name) hereby appeals as of right to the Supreme Court of Canada from the judgment of the (name of the court appealed from) made on (date) pursuant to (set out the provision(s) of the statute that authorizes the appeal);

(In the case of an appeal under paragraph 691(1)(a), (2)(a) or (2)(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 pursuant to section 677 of the Criminal Code).

Dated at (place and 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 e-mail address (if any))

________________________
Agent

(Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail 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 appealed from and a copy of the certificate in Form 25B and, if applicable, a copy of the certificate in Form 25C.)

SOR/2006-203, s. 45.

46. Form 38 of the Rules is amended by replacing the reference “ (General Heading — Use Form 22) ” after the heading “CERTIFICATE OF COUNSEL (APPELLANT)” with the following:

(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))

47. Form 39 of the Rules is amended by replacing the reference “ (General Heading — Use Form 22) ” after the heading “CERTIFICATE OF COUNSEL (RESPONDENT)” with the following:

(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))

48. Form 46 of the Rules is amended by replacing the reference “ (General Heading — Use Form 22) ” after the heading “NOTICE OF REFERENCE” with the following:

(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))

49. Form 47 of the Rules is amended by replacing the reference “ (General Heading — Use Form 22 and style of cause for application for leave or appeal, as the case may be; may be abbreviated in accordance with subrule 22(3.1)) ” after the heading “NOTICE OF MOTION TO A JUDGE OR THE REGISTRAR” with the following:

(Style of Cause (Rule 22); Style of cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

50. Form 52 of the Rules is replaced by the following:

FORM 52
Rule 52

NOTICE OF MOTION TO THE COURT

(Style of cause (Rule 22); Style of cause may be abbreviated in accordance with subrule 22(3.1) — Use Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic))

TAKE NOTICE that (name) hereby applies to the Court, pursuant to (cite section of the Act or these Rules under which the motion is made), for an order for (insert nature of the order or relief sought) or any further or other order that the Court may deem appropriate;

AND FURTHER TAKE NOTICE that the motion shall be made on the following grounds: (set out concisely and number each ground on which the motion is made).

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

SIGNED BY (signature of counsel or party or agent)

____________________
Applicant to the motion

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

____________________
Agent

Agent’s name, address and telephone number, and fax number and e-mail address (if any))

ORIGINAL TO: THE REGISTRAR

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any), of all other parties)

NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion

(This motion is required to be bound — see Form 1 of Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic). In the case of an originating motion, include a copy of the judgment and reasons for judgment appealed from and a copy of the certificate in Form 25B and, if applicable, a copy of the certificate in Form 25C.)

SOR/2006-203, s. 47.

51. Form 61A of the Rules is amended by replacing the reference “ (General Heading — Use Form 22) ” after the heading “NOTICE OF CONSTITUTIONAL QUESTION” with the following:

(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))

52. Form 61B of the Rules is amended by replacing the reference “ (General Heading — Use Form 22) ” after the heading “NOTICE OF INTERVENTION RESPECTING CONSTITUTIONAL QUESTION” with the following:

(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))

53. Form 64 of the Rules is replaced by the following:

FORM 64
Rule 64

SUPREME COURT OF CANADA

NOTICE OF INTENTION TO DISMISS APPLICATION FOR LEAVE FOR DELAY

(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) has not served and filed all the documents required under Rule 25 of the Rules of the Supreme Court of Canada for this application for leave within the time set out in paragraph 58(1)(a) of the Supreme Court Act or as extended under subsection 59(1) of that Act.

AND FURTHER TAKE NOTICE that the Registrar may dismiss the application for leave to appeal as abandoned if the time for serving and filing the materials is not extended by a judge on motion. The applicant must serve and file a motion for an extension of time within 20 days after the receipt of this notice.

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

___________________________

Registrar

ORIGINAL TO: THE APPLICANT

(Name, address and telephone number, and fax number and e-mail address (if any))

COPIES TO: (Name, address and telephone number, and fax number and e-mail address (if any) of all other parties)

SOR/2006-203, s. 48.

54. The portion of Form 65 of the Rules before the paragraph beginning with “TAKE NOTICE” is replaced by the following:

FORM 65
Rule 65

SUPREME COURT OF CANADA

NOTICE OF INTENT TO DISMISS APPEAL FOR DELAY

(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))

55. The portion of Form 67 of the Rules before the paragraph beginning “TAKE NOTICE” is replaced by the following:

FORM 67
Rule 67

SUPREME COURT OF CANADA

NOTICE OF REQUEST — VEXATIOUS PROCEEDING

(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))

56. Form 69 of the Rules is replaced by the following:

FORM 69
Rule 69

SUPREME COURT OF CANADA

NOTICE OF HEARING

(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 the above-noted appeal has been scheduled for hearing on (hearing date) at (hearing time).

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

___________________________

Registrar

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

57. Form 83A of the Rules is amended by replacing the reference “ (General Heading — Use Form 22) ” after the heading “NOTICE OF TAXATION” with the following:

(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))

58. Form 83B of the Rules is replaced by the following:

FORM 83B
Rule 83

BILL OF COSTS

(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))

Item

Fees
(see Schedule B, Part 1)

Disbursements and applicable tax (see Schedule B, Part 2)

1.  ((Insert each applicable item pursuant to the tariff set out in Schedule B))

$

$

SUBTOTAL

$

$

TOTAL

$

$

(The following is to be completed by the Registrar.)

Taxed and allowed at the sum of $______

___________________________

Registrar

This _____________ day of ________________ 20____.

(Attach receipts for disbursements over $50.)

SOR/2006-203, s. 49.

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

3.

For electronic documents or copies thereof, per document.........................................................

$10

3.1

For audio and video recordings..............................

$35

60. Item 6 of Schedule A to the Rules is replaced by the following:

6.

For taking affidavits..................................................

$50*

61. Item 8 of Schedule A to the Rules is replaced by the following:

8.

For the Bulletin of Proceedings,

 
 

(a) an individual issue...............................................

$15*

 

(b) an annual subscription.......................................

$300*

62. The portion of Schedule A to the Rules after item 8 is replaced by the following:

Any person may be exempted from paying any of the above fees, in special cases, at the Registrar’s discretion.

* Plus applicable GST/HST.

63. Item 4 of Part 2 to Schedule B of the Rules is replaced by the following:

4. Attach receipts for disbursements over $50.

5. The GST, or, if applicable, the HST, may be recovered for disbursements under items 2 and 3.

COMING INTO FORCE

64. These Rules come into force on April 11, 2011.

Footnote a
R.S., c. S-26

Footnote 1
SOR/2002-156