Vol. 150, No. 22 — November 2, 2016

Registration

SOR/2016-271 October 19, 2016

SUPREME COURT ACT

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 make the annexed Rules Amending the Rules of the Supreme Court of Canada.

Ottawa, October 17, 2016

• The Right Honourable Beverley McLachlin
• The Honourable Rosalie Silberman Abella
• The Honourable Michael J. Moldaver
• The Honourable Andromache Karakatsanis
• The Honourable Richard Wagner
• The Honourable Clément Gascon
• The Honourable Suzanne Côté
• The Honourable Russell Brown
• Judges of the Supreme Court of Canada

Rules Amending the Rules of the Supreme Court of Canada

Amendments

1 The heading before Rule 4 of the Rules of the Supreme Court of Canada (see footnote 1) is replaced by the following:

Conditions and Proportionality

2 (1) Rule 4 of the English version of the Rules is replaced by the following:

4 Whenever these Rules provide that the Court, a judge or the Registrar may make an order or give a direction, the Court, the judge or the Registrar, as the case may be, may impose any terms and conditions in the order or direction that they consider appropriate.

(2) Rule 4 of the Rules is renumbered as subrule 4(1) and is amended by adding the following:

(2) In applying these Rules, the Court, a judge or the Registrar shall make orders and give directions that are proportionate to the complexity of the proceeding and the importance of the issues in dispute.

3 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 notice of intervention under subrule 33(4), a factum, record or book of authorities on an appeal or a cross-appeal under Rules 35 to 37 and a motion for intervention under paragraph 56(b), including any response or reply.

4 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 the service and filing of documents, except for the service and filing of a notice of constitutional question under subrule 33(2).

5 Rule 10 of the Rules is replaced by the following:

10 (1) The Registrar shall keep all records necessary for documenting the proceedings of the Court.

(2) For each proceeding, the Registrar shall keep

• (a) all documents and correspondence, including emails, that are filed in relation to a proceeding before the Court and all correspondence, judgments and orders of the Court that relate to that proceeding and that are delivered to the parties; and
• (b) an electronic register in which all activities in the proceeding are recorded.
  

(3) If only one version of a document is filed, whether printed or electronic, that version shall be the official version. If both printed and electronic versions are filed the printed version shall be the official version unless the Registrar declares otherwise.

6 Rule 13 of the Rules and the heading before it are replaced by the following:

Reference to the Court or a Judge

13 The Registrar may refer any matter before him or her to the Court or a judge.

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

14 In the case of an application for leave to appeal, an appeal referred to in paragraph 33(1)(c) or (d) or an originating motion, any party, 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.

8 The portion of subrule 15(3) of the Rules before paragraph (a) is replaced by the following:

(3) Any party, other than an individual, shall be represented by counsel unless

9 (1) The portion of subrule 19.1(2) of the Rules before paragraph (a) is replaced by the following:

(2) Subject to subrule (3), if any of the following documents is filed, it shall be sealed in an envelope and accompanied by one redacted electronic version, if one is required under these Rules, and two redacted printed versions:

(2) Subrule 19.1(3) of the Rules is replaced by the following:

(3) If a redacted version of a document referred to in paragraph (2)(b) cannot be filed, the document shall be accompanied by a motion to seal to the Registrar.

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

10 (1) Subparagraph 20(1)(d)(i) of the Rules is replaced by the following:

• (i) originating documents or documents filed in support, and

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

• (d.1) email, except for originating documents or documents filed in support; or

(3) Subrule 20(2) of the Rules is replaced by the following:

(2) A party served with an electronic version of a document that is required to be bound may also request a printed version that shall be sent no later than one week after receipt of the request.

11 Subrule 21(2) of the Rules is repealed.

12 Subparagraph 22(3)(c)(iii) of the Rules is replaced by the following:

• (iii) each attorney general who has filed a notice of intervention in accordance with subrule 33(4), and

13 Rule 23 of the Rules 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)(c) or (d), counsel for the appellant and the respondent shall file a certificate in Form 23A certifying whether there is

• (a) a sealing or confidentiality order from a lower court or the Court in effect in the file;
• (b) a ban on the publication of evidence or the names or identity of a party or witness under an order in effect in the file or under legislation;
• (c) information in the file that is classified as confidential under legislation; or
• (d) a restriction on public access to information in the file in a lower court.
  

(2) If counsel for the applicant or the respondent certifies that any of the situations set out in paragraphs (1)(a) to (d) exist, the certificate shall be accompanied by, as the case may be, a copy of any applicable order or, if the order was pronounced orally at a hearing, a copy of the relevant excerpt from the transcript of the hearing, a citation of any applicable legislative provision or an explanation of the restriction.

(3) If there is any order, applicable legislation or restriction referred to in subrule (1), counsel shall file a certificate in Form 23B certifying whether any documents filed by the counsel contain information that is subject to the order, legislation or restriction in the lower court and identifying the relevant documents and information.

(4) 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, counsel shall file a certificate in Form 23C setting out the issues.

(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)(c) or (d), the notice of appeal or respondent’s factum.

(6) Counsel shall immediately file a revision of the certificate referred to in subrule (1) in the event of any change in respect of the matters referred to in that subrule.

14 (1) Paragraph 25(1)(a) of the Rules is replaced by the following:

• (a) a notice of application for leave to appeal in Form 25, citing the legislative provision that authorizes the application for leave to appeal;

(2) Subparagraph 25(1)(c)(ii) of the Rules is replaced by the following:

• (ii) Part II, a concise statement of the questions in issue and, if the proposed appeal raises an issue in respect of the constitutional validity or applicability of a statute, regulation or common law rule or the inoperability of a statute or regulation, a concise statement of the issue,

15 Paragraph 27(1)(a) of the Rules is replaced by the following:

• (a) serving a copy of the response on all other parties;
  

16 Paragraph 28(1)(a) of the Rules is replaced by the following:

• (a) serving a copy of the reply on all other parties;
  

17 (1) The portion of subrule 29(1) of the Rules before paragraph (b) is replaced by the following:

29 (1) Within the deadline for filing a response under subrule 27(1) in the case of an appeal for which leave is required or, in all other cases, within 30 days of service of a notice of appeal, a respondent who seeks to set aside or vary all or any part of the disposition of the judgment appealed from may apply for leave to cross-appeal by

• (a) serving a copy of the application for leave to cross-appeal on all parties who are named in the style of cause referred to in subrule 22(2) for the application for leave to cross-appeal;

(2) Subrule 29(4) of the Rules is amended by replacing “35(4)” with “35(3)”.

18 Paragraph 30(1)(a) of the Rules is replaced by the following:

• (a) serving on all other parties to the application for leave to cross-appeal a copy of the response;

19 Paragraph 31(1)(a) of the Rules is replaced by the following:

• (a) serving on all other parties to the application for leave to cross-appeal a copy of the reply;

20 Subrule 32(2) of the Rules is replaced by the following:

(2) Documents shall not be filed after the application for leave to appeal or leave to cross-appeal, as the case may be, has been submitted to the Court unless the Registrar otherwise directs.

21 Rule 33 of the Rules is replaced by the following:

33 (1) A notice of appeal under paragraph 60(1)(a) of the Act shall

• (a) be in Form 33A;
• (b) set out the legislative provisions that authorize the appeal;
• (c) 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, 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 information or indictment, the judgment and the reasons for judgment of the court appealed from; and
• (d) in the case of all other appeals for which leave to appeal is not required, include as a schedule to the notice of appeal a copy of the judgment and the reasons for judgment of the court appealed from.

(2) In the case of an appeal that raises an issue in respect of the constitutional validity or applicability of a statute, regulation or common law rule, or the inoperability of a statute or regulation, a notice of constitutional question in Form 33B shall be filed by the appellant, as a schedule to the notice of appeal, or by the respondent, if the issue has been raised by the respondent, within 30 days after leave to appeal has been granted or after the filing of the notice of appeal in respect of an appeal for which leave is not required.

(3) On the same day as the notice of constitutional question is filed, a copy of it shall be served by email on all other parties to the appeal and on any attorney general who is not already a party to the appeal together with hyperlinks to

• (a) the judgment granting the application for leave to appeal and the reasons for judgment of the court appealed from;
• (b) the legislative provisions at issue; and
• (c) if applicable, the relevant provisions of the Canadian Charter of Rights and Freedoms and any other legislative provision relied on by the party.

(4) Within four weeks after the service of a notice of constitutional question, an attorney general who intends to participate in the appeal shall serve on all other parties and file with the Registrar a notice of intervention in Form 33C without being required to obtain leave to intervene.

22 Rule 35 of the Rules is replaced by the following:

35 (1) Within eight weeks after the notice of appeal is filed, the appellant shall

• (a) serve on all other parties one copy of the electronic version of the appellant’s notice of appeal, factum, record (except for Part V) and, if any, a book of authorities;
• (b) file with the Registrar
  • (i) one copy of the electronic version of the appellant’s factum, record and, if any, a book of authorities,
  • (ii) the original and 23 copies of the printed version of the factum and 20 copies of the printed version of any volume of the record containing Part I,
  • (iii) two copies of all other volumes of the printed version of the record, and
  • (iv) two copies of the printed version of the book of authorities, if any; and
• (c) file with the Registrar a redacted copy of the electronic version of the appellant’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).
  

(2) 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 paragraph (1)(a), subparagraphs (1)(b)(i) and (ii) and paragraph (1)(c), a factum in response to the cross-appeal.

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

23 (1) Paragraphs 36(1)(a) and (b) of the Rules are replaced by the following:

• (a) serve on all other parties one copy of the electronic version of the respondent’s record (except for Part IV); and
• (b) file with the Registrar one copy of the electronic version and two copies of the printed version of the respondent’s record.

(2) Paragraphs 36(2)(a) to (d) of the Rules are replaced by the following:

• (a) serve on all other parties one copy of the electronic version of the respondent’s factum and, if any, a book of authorities;
• (b) file with the Registrar
  • (i) one copy of the electronic version of the respondent’s factum and, if any, a book of authorities,
  • (ii) the original and 23 copies of the printed version of the respondent’s factum, and
  • (iii) two copies of the printed version of the respondent’s book of authorities, if any; and
• (c) file with the Registrar a redacted copy of the electronic version of the respondent’s factum, if the factum contains any of the documents and information identified in the certificate filed in accordance with subrule 23(3).

24 Section 37 of the Rules is replaced by the following:

37 Within six weeks after the making of the order granting leave to intervene for an intervener referred to in subparagraph 22(3)(c)(ii) and after the service of the appellant’s factum for an intervener referred to in subparagraph 22(3)(c)(i) or (iv), or within 16 weeks after the filing of a notice of intervention under subrule 33(4) for an intervener referred to in subparagraph 22(3)(c)(iii), as the case may be, the intervener shall

• (a) serve on all other parties one copy of the electronic version of the intervener’s factum and, if any, a book of authorities;
• (b) file with the Registrar
  • (i) one copy of the electronic version of the intervener’s factum and, if any, a book of authorities,
  • (ii) the original and 23 copies of the printed version of the intervener’s factum, and
  • (iii) two copies of the printed version of the intervener’s book of authorities, if any; 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 documents and information identified in the certificate filed in accordance with subrule 23(3).

25 Rule 38 of the Rules is replaced by the following:

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

• (a) Part I, copies of the following documents:
  • (i) in chronological order, all formal judgments issued by the lower courts in respect of the case in question and the respective reasons for judgment, if any,
  • (ii) any order from the Court or judgment granting leave to appeal,
  • (iii) any notice of constitutional question referred to in subrule 33(2), and
  • (iv) in the case of a criminal matter, any information or indictment and the complete charge to the jury, if this is necessary to raise the question for the decision of the Court;
• (b) Part II, any pleadings, orders and entries, in chronological order;
• (c) Part III, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and
• (d) Part IV, exhibits, in the order in which they were filed at trial.

(2) Instead of excerpts of transcripts reproduced in Part III, the record may contain transcripts reproduced in full in a separate document clearly marked as Part V.

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

(4) All documents in a record shall be reproduced in full, other than the excerpts of transcripts that are reproduced in Part III.

38.1 (1) Despite these Rules, instead of including Parts II, III and IV in the appellant’s record, the appellant may file the record filed with the court appealed from if that record consists of 10 or more volumes.

(2) An appellant who chooses to file the record filed with the court appealed from shall serve on all other parties one copy of the electronic version and shall file the same with the Registrar.

(3) The appellant shall only file the printed version of the record on demand of the Court.

(4) Despite these Rules, if the appellant chooses to file the record filed with the court appealed from, the respondent is not required to serve or file a respondent’s record.

26 (1) Paragraphs 39(1)(a) and (b) of the Rules are replaced by the following:

• (a) Part I, any pleadings, orders and entries, in chronological order;
• (b) Part II, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and

(2) Subrules 39(2) and (3) of the Rules are replaced by the following:

(2) Instead of excerpts of transcripts reproduced in Part II, the record may contain transcripts reproduced in full in a separate document clearly marked as Part IV.

(3) 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 decision of the Court and, if available, those documents shall be filed in both official languages.

(4) All documents in a record shall be reproduced in full, other than excerpts of transcripts that are reproduced in Part II.

27 (1) Subrule 42(2) of the Rules is amended by adding “and” to the end of paragraph (e) and by replacing paragraphs (f) and (g) with the following:

• (f) Part VI consisting of a table listing alphabetically the authorities relied on, including the relevant provisions of the legislative enactments, setting out the paragraph numbers where the authority is cited and, if available, hyperlinks to those authorities and, in the case of legislative enactments, hyperlinks to the provisions only.

(2) Rule 42 of the Rules is amended by adding the following after subrule (2):

(2.1) If they are required by law to be published in both official languages, the relevant provisions of any legislative enactments referred to in paragraph (2)(f) shall be listed, and hyperlinks provided, if available, in both official languages.

(3) Subrules 42(5) to (7) of the Rules are replaced by the following:

(5) Unless a judge or the Registrar, on motion, otherwise orders, Parts I to V of the factum of

• (a) an attorney general, who has filed a notice of intervention in accordance with subrule 33(4), shall not exceed 20 pages; and
• (b) any other intervener shall not exceed 10 pages.
  

(6) The appellant shall include a copy of any notice of constitutional question filed under subrule 33(2) as an appendix to their factum.

28 Rule 44 of the Rules and the heading before it are replaced by the following:

Authorities

44 (1) All authorities, if they are not available electronically, shall be filed in a book of authorities, and

• (a) the relevant provisions of legislative enactments relied on shall be in both official languages if they are required by law to be published in both official languages; and
• (b) the reasons for judgment shall be in full for any case law relied on.
  

(2) The book of authorities shall be bound with each authority marked with a tab, and shall contain the authorities that,

• (a) in the case of a respondent’s book, are not contained in the appellant’s book; and
• (b) in the case of an intervener’s book, are not contained in either the appellant’s or the respondent’s book.

29 (1) Paragraph 46(6)(a) of the Rules is replaced by the following:

• (a) serve on the Governor in Council, and any counsel requested to argue a case under subsection 53(7) of the Act, a notice of intervention in Form 33C; and
  

(2) Subsection 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 documents and information identified in the certificate filed in accordance with subrule 23(3).

30 (1) Paragraph 47(1)(e) of the Rules is replaced by the following:

• (e) except in the case of a motion for intervention, a draft of the order sought, including costs, in print and electronic format.
  

(2) Subrule 47(3) of the Rules is replaced by the following:

(3) There shall be no oral argument on the motion unless a judge or the Registrar otherwise orders or directs.

31 Paragraph 48(1)(a) of the Rules is replaced by the following:

• (a) serve on all parties to the motion a copy of the electronic version of the motion;

32 (1) Paragraph 49(1)(a) of the Rules is replaced by the following:

• (a) serving on all moving parties and other respondents to the motion a copy of the electronic version of the response; and

(2) Subrule 49(4) of the Rules is replaced by the following:

(4) Despite subrule (1), in the case of a motion served and filed with or related to an application for leave to appeal or leave to cross-appeal, with the exception of a motion to expedite, the response to the motion may be served and filed with the response to the application for leave to appeal or leave to cross-appeal in accordance with Rule 27 or 30, as the case may be.

33 Paragraph 50(1)(a) of the Rules is replaced by the following:

• (a) serving on all parties to the motion a copy of the electronic version of the reply; and

34 Subrule 59(2) of the Rules is replaced by the following:

(2) In an order granting an intervention or after the time for serving and filing all of the memoranda of argument on an application for leave to appeal or the facta on an appeal or reference has expired, a judge may authorize the intervener to present oral argument at the hearing of the application for leave to appeal, if any, the appeal or the reference, and determine the time to be allotted for oral argument.

35 The heading before Rule 60 and Rules 60 and 61 of the Rules are repealed.

36 (1) Subrule 71(5) of the Rules is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (a) and by repealing paragraph (c).

(2) Rule 71 of the Rules is amended by adding the following after subrule (5):

(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)(c) or (d).

(5.2) After the time allotted for serving and filing the facta on appeal has expired, 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.

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

(4) The Registrar shall refuse to accept a motion for reconsideration that includes an affidavit that does not set out exceedingly rare circumstances as required by paragraph (3)(b).

38 Rule 78 of the Rules is amended by adding the following after subrule (2):

(3) The Registrar’s decision to refuse to accept a document under subrule 8(2) or 73(4) is not an order.

39 Rules 79 and 80 of the Rules are replaced by the following:

79 A judgment rendered by the Court shall be dated, signed by a judge and sealed with the Court seal.

Effective Date of Judgment

80 Unless the Court otherwise orders, an oral judgment shall take effect from the date on which it is rendered in court, whether or not reasons are to follow, and a judgment taken under reserve shall take effect from the date on which it is deposited with the Registrar.

40 Subrules 84(1) and (2) of the Rules are replaced by the following:

84 (1) Within 15 days after the date that the certificate of taxation bears, any party may object to the taxation of costs on the ground that the bill of costs contains a clerical or calculation error by serving on all other parties and filing with the Registrar a written objection specifying the errors alleged and the corrections sought to be made.

(2) Any party who objects to the taxation of costs on any other ground not specified in subrule (1) may, within 15 days after the date that the certificate of taxation bears, make a motion to a judge for a review of the taxation, and the judge may make any order with respect to the item in dispute that the judge considers appropriate.

41 Form 23A of the Rules is replaced by the following:

FORM 23A

Rule 23

Certificate (Applicant, Respondent 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))

(If this certificate or any order attached to the certificate contains or reveals information that is subject to a sealing or confidentiality order from a lower court or the Court or that is classified as confidential under legislation, it shall be sealed in an envelope and accompanied by a redacted version.)

number	description	yes/no
(1)	Is there a sealing or confidentiality order from a lower court or the Court in effect in the file?	☐ Yes ☐ No
(2)	Is there a ban on the publication of evidence or the names or identity of a party or witness under an order in effect in the file or under legislation?	☐ Yes ☐ No
(3)	Is there information in the file that is classified as confidential under legislation?	☐ Yes ☐ No
(4)	Is there a restriction on public access to information in the file in a lower court?	☐ Yes ☐ No
(5)	May the full names of individuals named in the style of cause be published?	☐ Yes ☐ No

If you have answered "Yes" to any of questions (1) to (4), provide the information indicated below, if applicable, and file a Form 23B in accordance with subrule 23(3).

Court that made the order: _________________________________________

Date of the order: _________________________________________

Applicable legislative provision(s) or explanation of restriction: _________________________________________

Attach a copy of the order. If the order was pronounced orally, attach the relevant excerpt from the transcript of the hearing in which the order was pronounced.

I, (name), (counsel or agent) for (name of applicant, respondent or appellant), certify that the information above is complete and accurate.

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

(Counsel or Agent) for (name of applicant, respondent or appellant)

_______________________________________________________

Signature

ORIGINAL TO: THE REGISTRAR

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

_______________________________________________________

FORM 23B

Rule 23

Certificate (Applicant, Respondent 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))

(If either this certificate or any documents to be filed contain 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, it shall be sealed in an envelope and accompanied by a redacted version of the certificate and of the documents. Refer to Rule 19.1 and the 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, appellant or respondent) certify that I am filing

number	description	yes/no
(1)	Documents that include information that is subject to a sealing or confidentiality order from a lower court or the Court in effect in the file.	☐ Yes ☐ No
(2)	Documents that include information that is subject to a ban on the publication of evidence or the names or identity of a party or witness under an order in effect in the file or under legislation.	☐ Yes ☐ No
(3)	Documents that include information that is classified as confidential under legislation.	☐ Yes ☐ No
(4)	Documents that contain information to which public access is restricted in the file in a lower court.	☐ Yes ☐ No

If you have answered "Yes" to any of these questions, provide the information indicated below, if applicable.

• (a) The (identify documents(s) filed) include(s) information that is subject to a sealing or confidentiality order at (identify volume(s), section(s) or page(s) in each document). This information is only accessible to (identify parties or persons and state whether the information can be made available to court staff).
• (b) The (identify documents(s) filed) include(s) information that is subject to a publication ban at (identify volume(s), section(s) or page(s) in each document).
• (c) The (identify documents(s) filed) include(s) information that is classified as confidential under legislation at (identify volume(s), section(s) or page(s) in each document).
• (d) The (identify documents(s) filed) include(s) information to which public access is restricted in the file in a lower court at (identify volume(s), section(s) or page(s) in each document).

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

(Counsel or Agent) for (name of applicant, respondent or appellant)

_____________________________________________________

Signature

ORIGINAL TO: THE REGISTRAR

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

_______________________________________________________

42 The title of Form 23B of the Rules is replaced by the following:

FORM 23C

43 Forms 24A and 24B of the French version of the Rules are amended by replacing “pour saisir la Cour de la question en litige” with “à la recevabilité de l’appel par la Cour”.

44 (1) Form 25 of the Rules is amended by replacing the paragraph beginning with the words “TAKE NOTICE” with the following:

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

(2) Form 25 of the Rules is amended by replacing the last paragraph by the following:

(A notice of application for leave to appeal shall be filed at the same time as the certificate in Form 23A and, if applicable, the certificate in Forms 23B or 23C.)

45 (1) The title of Form 33 of the Rules is replaced by the following:

FORM 33A

(2) Form 33A of the Rules is amended by replacing “the certificate in Form 23B” with “the certificates in Forms 23B or 23C”.

46 The Rules are amended by adding the following forms after Form 33A:

FORM 33B

Rule 33

Notice of Constitutional Question

(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 I, (name), (counsel or agent) for (name of appellant or respondent) assert that the appeal raises the following constitutional question(s):

AND TAKE NOTICE that an attorney general who intends to intervene with respect to this constitutional question may do so by serving a notice of intervention in Form 33C on all other parties and filing the notice with the Registrar of the Supreme Court of Canada within four weeks after the day on which this notice is served.

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

SIGNED BY (signature of counsel or party or agent)

_________________________________________________

Party serving notice of constitutional question

(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 all other parties and of attorneys general)

(When serving notice, include a hyperlink to the judgment granting leave to appeal and the reasons for the judgment appealed from, the legislative provisions at issue and, if applicable, the relevant provisions of the Canadian Charter of Rights and Freedoms and any other legislative provision relied on, in the email.)

FORM 33C

Rule 33

Notice Of Intervention Respecting Constitutional Question

(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))

(The Attorney General of ______________) intends to intervene, to file a factum and to (not) request to participate in oral argument with respect to the constitutional question(s) identified in the Notice of Constitutional Question filed by the (appellant/respondent).

OR

(The Attorney General of ______________) intends to intervene, to file a factum and to (not) participate in oral argument with respect to the reference to the Court by the Governor in Council under section 53 of the Supreme Court Act.

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

SIGNED BY (signature of counsel for attorney general or agent)

_________________________________________________

Counsel for attorney general

(Counsel’s 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 all other parties)

47 Form 47 of the Rules is amended by replacing “the certificate in Form 23B” with “the certificates in Forms 23B or 23C”.

48 Form 52 of the Rules is amended by replacing “the certificate in Form 23B” with “the certificates in Forms 23B or 23C”.

49 Forms 61A and 61B of the Rules are repealed.

50 Paragraph 3(a) of Part 1 of Schedule B to the Rules is replaced by the following:

• (a) notice of appeal $75

51 Section 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. Receipts are required for amounts claimed over $50.

52 The French version of the Rules is amended by replacing “s’il y a lieu” with “le cas échéant” in the following provisions:

• (a) subrule 17(1);
• (b) subrule 20(3.1);
• (c) subparagraphs 25(1)(b)(i) and (c)(iv);
• (d) paragraphs 27(1)(c) and (d);
• (e) paragraphs 28(1)(c) and (d);
• (f) paragraph 30(1)(d); and
• (g) Forms 14 and 25.

Coming into Force

53 These Rules come into force on January 1, 2017.

• Footnote a
  R.S., c. S-26
• Footnote 1
  SOR/2002-156