Crown Liability and Proceedings (Provincial Court) Regulations

SOR/91-604CROWN LIABILITY AND PROCEEDINGS ACT
Registration 1991-10-24
Regulations Prescribing the Rules of Practice and Procedure in Respect of Proceedings Taken in Provincial Courts under Part II of the Crown Liability and Proceedings Act
P.C. 1991-2030  1991-10-24His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 34Footnote * of the Crown Liability and Proceedings ActFootnote **, is pleased hereby to revoke the Crown Liability (Provincial Court) Regulations, C.R.C., c. 447, and to make the annexed Regulations prescribing the rules of practice and procedure in respect of proceedings taken in provincial courts under Part II of the Crown Liability and Proceedings Act, in substitution therefor, effective on the day on which An Act to amend the Federal Court Act, the Crown Liability Act, the Supreme Court Act and other Acts in consequence thereof, being chapter 8 of the Statutes of Canada, 1990, comes into force.

Return to footnote *S.C. 1990, c. 8, s. 32
Return to footnote **S.C. 1990, c. 8, s. 21
Short Title

1 These Regulations may be cited as the Crown Liability and Proceedings (Provincial Court) Regulations.

Interpretation

2 In these Regulations,

Act
Act means the Crown Liability and Proceedings Act; (Loi)
Attorney General
Attorney General means the Attorney General of Canada; (procureur général)
court
court means the court having jurisdiction under Part II of the Act to hear and determine the claim in respect of which the proceedings have been taken; (tribunal)
Deputy Attorney General
Deputy Attorney General means the Deputy Attorney General of Canada; (sous-procureur général)
plaintiff
plaintiff includes a party claiming against the Crown in third party proceedings; (demandeur)
provincial rules
provincial rules means the rules of practice and procedure of the court. (règles provinciales)

Application

3 These Regulations apply to proceedings taken in a provincial court

(a) under Part II of the Act; and
(b) against an agency of the Crown to which section 35 of the Act applies.

Service of Documents

4 (1) Subject to subsections (2), (5) and (7), service of a document originating any proceedings shall be made on the Deputy Attorney General at the office of the Deputy Attorney General in Ottawa.

(2) A document referred to in subsection (1) has been validly served where

(a) it has been served on the Deputy Attorney General at the office of the Deputy Attorney General in Ottawa;

(b) it has been served on the Director of the appropriate Regional Office of the Department of Justice, namely,

(i) in respect of proceedings in the Province of British Columbia, the Vancouver Regional Office,
(ii) in respect of proceedings in the Province of Alberta, the Edmonton Regional Office,
(iii) in respect of proceedings in the Province of Saskatchewan, the Saskatoon Regional Office,
(iv) in respect of proceedings in the Province of Manitoba, the Winnipeg Regional Office,
(v) in respect of proceedings in the Province of Ontario, the Toronto Regional Office,
(vi) in respect of proceedings in the Province of Quebec, the Montreal Regional Office,
(vii) in respect of proceedings in the Province of Nova Scotia, of New Brunswick, of Prince Edward Island or of Newfoundland, the Halifax Regional Office,
(viii) in respect of proceedings in the Yukon Territory, the Whitehorse Regional Office, and
(ix) in respect of proceedings in the Northwest Territories, the Yellowknife Regional Office; or

(c) it has been served on and accepted by an agent duly authorized to act for the Attorney General in the particular proceeding.

(3) Where service of a document is made in respect of proceedings in the Province of New Brunswick, Prince Edward Island or Newfoundland, service shall be deemed to have been made within the province within which the proceedings are taken.
(4) The address for service on the Crown of any document other than a document originating proceedings shall be the address designated therefor by or on behalf of the Deputy Attorney General.
(5) Service of a document originating any proceedings may be effected in the manner provided by section 23 of the Act, without special order, even though proceedings are being, or have been, taken in a court outside Ontario.

(6) Where a document may be served by mail under provincial rules, service shall

(a) be by registered or certified mail; and
(b) be effective on the tenth day after the document is mailed.

(7) Service of a document originating any proceedings on the chief executive officer of an agency of the Crown may be made in the manner provided by this section.

Filing of Defence or Reply and Counterclaim

5 (1) The Attorney General may file a defence or other reply to a document originating proceedings, including a counterclaim, if any, within

(a) 30 days after the service of the document of originating process, or
(b) the time provided by or under the provincial rules,

whichever is greater, or within such further time as may be allowed by the court.

(2) Where a proceeding is instituted in the Province of Quebec, the Attorney General may urge any preliminary exception in the manner provided by articles 160, 161 and 162 of the Code of Civil Procedure of the Province of Quebec, except that, for the purpose of this subsection, articles 160, 161 and 162 shall be read as though the period of 5 days provided for therein were 30 days.

Judgment or Order

6 (1) Where there is a judgment or an order of a court against the Crown for the payment of money, the court, or the registrar, clerk or protonotary thereof, or a deputy of the registrar, clerk or protonotary, shall, unless the judgment or order has been quashed on appeal, at the request of the party in whose favour the judgment or order was made, after the judgment or order has been formally made a judgment or order of the court, certify to the Minister of Finance the tenor and purport of the judgment or order

(a) forthwith, if no appeal is allowed by law from the judgment or order;
(b) on the expiration of the time allowed by law for an appeal from the judgment or order, if no appeal has then been instituted and no application has been made for an extension of time for appeal;
(c) on the final disposition of the claim, if there has been an appeal from the judgment or order;
(d) on the dismissal of an application for an extension of time for appeal from the judgment or order or on the expiration of time granted on such an application without an appeal having then been instituted; or
(e) at such earlier time as the Attorney General files notice that the Attorney General does not intend to appeal.

(2) A certificate of judgment shall be transmitted to, or left at, the office of the Deputy Attorney General in Ottawa or the appropriate Regional Office of the Department of Justice referred to in paragraph 4(2)(b) by the party in whose favour the judgment or order was made.
(3) For the purposes of this section, a certified copy of a judgment, or a certified copy of a judgment read with a certified copy of a taxed bill of costs, shall be accepted as a certificate of judgment.

Examination for Discovery

7 Subject to sections 37 to 39 of the Canada Evidence Act, where, under the provincial rules, there is provision under which, if an action were an action between a corporation (other than an agency of the Crown) and another person, an officer or servant of the corporation could be examined for discovery, such officer or servant of the Crown or an agency of the Crown, as the case may be, as may be designated for the purpose by the Deputy Attorney General or after such designation by order of the court, may be examined for discovery during an action subject to the same conditions and with the same effect as would apply to the examination for discovery of the officer or servant of a corporation.

File List of Documents

8 (1) Subject to sections 37 to 39 of the Canada Evidence Act, where the Attorney General or an agency of the Crown would, if the Crown were a private person, be required under the provincial rules to file or serve a list or an affidavit of documents, the Deputy Attorney General shall, subject to the same conditions as apply between subject and subject, file or serve a list of the documents relating to the matter of which the Crown has knowledge within 60 days after the event that under the provincial rules gives rise to the obligation to file or serve the list or affidavit, or within such further time as may be allowed by the court.
(2) Where, under provincial rules, a party would be entitled to obtain production for inspection of any document or a copy of any document as against or from the Crown, if the Crown were a private person, such production for inspection or copy may be had, subject to sections 37 to 39 of the Canada Evidence Act, under order of the court after consideration has been given to any objection that would be available to the Crown if the Crown were a private person.

Confession of Judgment

9 (1) The Attorney General may, at any stage of the proceedings, file in the court a confession of judgment either for a part or the whole of the claim against the Crown.
(2) The plaintiff may, at any time within 30 days after the plaintiff has received notice of a confession filed under subsection (1), file, and serve on the Deputy Attorney General, a notice in writing of the plaintiff’s acceptance or refusal of such confession of judgment and, in the event of acceptance, the court or a judge may order that judgment be entered accordingly, with such provision as to costs as the court or the judge deems just in the circumstances.
(3) If the plaintiff has given notice within the time referred to in subsection (2) to the Deputy Attorney General of the plaintiff’s refusal of a confession of judgment, or if the plaintiff has not given any notice under subsection (2) within the period of time referred to therein, the matter shall be determined in the ordinary manner.
(4) If, on the final disposition of an action in which a confession of judgment has been made and has not been accepted, the plaintiff does not recover a larger sum than the one offered by the confession of judgment, the Crown, whatever the result of the action, shall be entitled to costs incurred after the date of filing of the confession.
(5) No confession of judgment filed under this section shall be accepted as evidence against the Crown, either in the action in which it was filed or in any other action or suit.
(6) No provision in any provincial rules relating to confessions of judgment has any application in proceedings under Part II of the Act.

General

10 Where, by or under the provincial rules, the Attorney General or an agency of the Crown would, if the Crown were a private person, be required or permitted to do anything in relation to any matter not expressly dealt with in these Regulations, within a certain period of time, a period of 14 days shall be added to the time otherwise allowed for doing that thing.

11 No order for security for costs may be made against the Crown.

12 Rules of the court relating to taxation of costs between solicitor and client have no application as between the Attorney General and the agents of the Attorney General.