Federal Courts Act

The Federal Courts Act establishes the Federal Court of Appeal and the Federal Court, which together form the federal court system of Canada. The Federal Court has original jurisdiction over matters involving federal law, including judicial review of federal administrative decisions, intellectual property cases, admiralty and maritime law, Crown litigation, and appeals from federal tribunals. The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. The Act also addresses the appointment of judges, the Court’s powers, and practice and procedure. The Federal Courts are superior courts of record with nationwide jurisdiction.

Legal area: Courts and judiciary law governs the organization, jurisdiction, and administration of the Canadian court system, including the Supreme Court, federal courts, and provincial courts.

Year enacted: 1985

Full text: https://laws-lois.justice.gc.ca/eng/acts/F-7/

Key Provisions

• Section 3: Federal Court of Appeal and Federal Court continued
• Section 12: Federal Court is a superior court of record
• Section 18: Judicial review of federal boards, commissions, and tribunals
• Section 18.1: Application for judicial review (grounds and remedies)
• Section 20: Admiralty jurisdiction
• Section 27: Appellate jurisdiction of the Federal Court of Appeal
• Section 44: Injunctions and remedies
• Section 50: Stay of proceedings

Significance

The Federal Courts Act is the gateway to federal court jurisdiction in Canada. The Federal Court has become the primary forum for judicial review of federal administrative action, immigration decisions, intellectual property disputes, and Crown liability claims. The Court’s nationwide jurisdiction allows it to resolve cases with national significance in a single proceeding. The Federal Court of Appeal’s decisions bind all federal tribunals and the Federal Court.