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JURISDICTION
  
Definition: Jurisdiction is defined as:

  1. The power of a court or judge to entertain an action, petition or other proceeding.
  2. The district or limits within which the judgments or orders of a court can be enforced or executed. (Osborn, Concise Law Dictionary).
The jurisdiction of the Federal Court is conferred by Federal Statutes:

Examples:
The Income Tax Act
The Trademarks Act
The Immigration Act
National Defence Act
.... and many more

Decisions and reasons for judgment of the Court serve to further clarify and define the Court's jurisdiction. Final determination lies within the responsibilities of the Supreme Court of Canada.

Although the Court's headquarters are in the country's capital city of Ottawa, Ontario, its judges may and do sit across Canada.

The Federal Court has original jurisdiction in all cases where relief is claimed against the Crown and, except where otherwise provided, it has exclusive original jurisdiction in all such cases. The Trial Division has exclusive jurisdiction for judicial review of decisions of federal boards, commissions, or other tribunals, except those specifically mentioned in the Federal Court Act as falling under the authority of the Federal Court of Appeal.

The Federal Court's jurisdiction also includes, but is not limited to, interprovincial and federal-provincial disputes, intellectual property proceedings, admiralty matters, immigration proceedings, matters pertaining to the charter of human rights and freedoms, citizenship appeals and appeals under certain federal statutes.

The Federal Court shares jurisdiction with the provincial superior courts with respect to claims by and against the Crown. Judges of the Federal Court may also act as Umpires under the Unemployment Insurance Act, and as Assessors under certain acts affecting Canadian agriculture.


LEGISLATION CONFERRING JURISDICTION ON THE FEDERAL COURT OF APPEAL AND THE FEDERAL COURT
December 2005

Although new federal legislation is monitored as thoroughly as possible, the statutes listed are not guaranteed as an exhaustive inventory of Federal Court jurisdiction.

You may consult the statutes available on the Department of Justice website.

Access to Information Act, R.S., 1985, c. A-1
Agriculture and Agri-Food Administrative Monetary Penalties Act, 1995, c. 40
Air Travellers Security Charge Act, 2002, c. 9, s. 5
Antarctic Environmental Protection Act, 2003, c. 20
Anti-terrorism Act, 2001, c. 41
Bank Act, 1991, c. 46
Bankruptcy and Insolvency Act, R.S., 1985, c. B-3
Broadcasting Act, 1991, c. 11
Canada Agricultural Products Act, R.S., 1985, c. 20 (4th Supp.)
Canada Border Services Agency Act, 2005, c. 38
Canada Deposit Insurance Corporation Act, R.S., 1985, c. C-3
Canada Educations Savings Act, 2004, c. 26
Canada Elections Act, 2000, c. 9
Canada Evidence Act, R.S., 1985, c. C-5
Canada Grain Act, R.S., 1985, c. G-10
Canada Labour Code, R.S., 1985, c. L-2
Canada Lands Surveyors Act, 1998, c. 14
Canada Marine Act, 1998, c. 10
Canada Oil and Gas Operations Act, R.S., 1985, c. O-7
Canada Pension Plan, R.S., 1985, c. C-8
Canada Petroleum Resources Act, R.S., 1985, c. 36 (2nd Supp.)
Canada Shipping Act, R.S., 1985, c. S-9
Canada Transportation Act, 1996, c. 10
Canadian Environmental Protection Act, 1999, 1999, c. 33
Canadian Human Rights Act, R.S., 1985, c. H-6
Canadian International Trade Tribunal Act, R.S., 1985, c. 47 (4th Supp.)
Canadian Ownership and Control Determination Act, R.S., 1985, c. C-20
Canadian Payments Act, R.S., 1985, c. C-21
Canadian Security Intelligence Service Act, R.S., 1985, c. C-23
Canadian Space Agency Act, 1990, c. 13
Charities Registration (Security Information) Act, 2001, c. 41, s. 113
Citizenship Act, R.S., 1985, c. C-29
Civil International Space Station Agreement Implementation Act, 1999, c. 35
Coasting Trade Act, 1992, c. 31
Commercial Arbitration Act, R.S., 1985, c. 17 (2nd Supp.)
Competition Act, R.S., 1985, c. C-34
Competition Tribunal Act, R.S., 1985, c. 19 (2nd Supp.)
Cooperative Credit Associations Act, 1991, c. 48
Copyright Act, R.S., 1985, c. C-42
Corrections and Conditional Release Act, 1992, c. 20
Criminal Code, R.S., 1985, c. C-46
Crown Liability and Proceedings Act, R.S., 1985, c. C-50
Cultural Property Export and Import Act, R.S., 1985, c. C-51
Customs Act, R.S., 1985, c. 1 (2nd Supp.)
Defence Production Act, R.S., 1985, c. D-1
Department of Human Resources Development Act, 1996, c. 11
Divorce Act, R.S., 1985, c. 3 (2nd Supp.)
Dominion Water Power Act, R.S., 1985, c. W-4
Emergencies Act, R.S., 1985, c. 22 (4th Supp.)
Employment Equity Act, 1995, c. 44
Employment Insurance Act, 1996, c. 23
Energy Supplies Emergency Act, R.S., 1985, c. E-9
Escheats Act, R.S., 1985, c. E-13
Excise Act, R.S., 1985, c. E-14
Excise Act, 2001, 2002, c. 22
Excise Tax Act, R.S., 1985, c. E-15
Expropriation Act, R.S., 1985, c. E-21
Farm Credit Canada Act, 2001, c. 22
Financial Consumer Agency of Canada Act, 2001, c. 9
First Nations Land Management Act, 1999, c. 24
Fisheries Act, R.S., 1985, c. F-14
Foreign Enlistment Act, R.S., 1985, c. F-28
Foreign Publishers Advertising Services Act, 1999, c. 23
Hazardous Materials Information Review Act, R.S., 1985, c. 24 (3rd Supp.), Part III
Immigration and Refugee Protection Act, 2001, c. 27
Income Tax Act, R.S., 1985, c. 1(5th Supp.)
Indian Act, R.S., 1985, c. I-5
Industrial Design Act, R.S., 1985, c. I-9
Injured Military Members Compensation Act, 2003, c. 14
Insurance Companies Act, 1991, c. 47
Integrated Circuit Topography Act, 1990, c. 37
International Boundary Waters Treaty Act, R.S., 1985, c. I-17
International Sale of Goods Contracts Convention Act, 1991, c. 13
Investment Canada Act, R.S. 1985, c. 28 (1st Supp.)
Labour Adjustment Benefits Act, R.S. 1985, c. L-1
Marine Liability Act, 2001, c. 6
Marine Transportation Security Act, 1994, c. 40
Motor Vehicle Safety Act, R.S., 1993, c. 16
National Energy Board Act, R.S., 1985, c. N-7
North American Free Trade Agreement Implementation Act, 1993, c. 44
Northern Pipeline Act, R.S., 1985, c. N-26
Northwest Territories Waters Act, 1992, c. 39
Nuclear Energy Act, R.S., 1985, c. A
Nuclear Safety and Control Act, 1997, c. 9
Nunavut Waters and Nunavut Surface Rights Tribunal Act, 2002, c. 10
Office of the Superintendent of Financial Institutions Act, R.S. 1985, c. 18 (3rd Supp.), Part I
Official Languages Act, R.S., 1985, c. 31 (4th Supp.)
Patent Act, R.S., 1985, c. P-4
Payment Clearing and Settlement Act, 1996, c. 6, Schedule, s. 21
Pension Benefits Standards Act, 1985, R.S., 1985, c. 32 (2nd Supp.)
Personal Information Protection and Electronic Documents Act, 2000, c. 5
Petroleum and Gas Revenue Tax Act, R.S., 1985, c. P-12
Plant Breeders' Rights Act, 1990, c. 20
Postal Services Interruption Relief Act, R.S., 1985, c. P-16
Privacy Act, R.S., 1985, c. P-21
Proceeds of Crime (Money Laundering) and Terrorist Financing Act, 2000, c. 17
Public Servants Inventions Act, R.S., 1985, c. P-32
Public Service Employment Act, 2003, c. 22, ss. 12 and 13
Public Service Labour Relations Act, 2003, c. 22, s. 2
Radiocommunication Act, R.S., 1985, c. R-2
Railway Safety Act, R.S., 1985, c. 32 (4th Supp.)
Royal Canadian Mounted Police Act, R.S., 1985, c. R-10
Special Import Measures Act, R.S., 1985, c. S-15
Status of the Artist Act, 1992, c. 33
Tax Court of Canada Act, R.S., 1985, c. T-2
Telecommunications Act, 1993, c. 38
Timber Marking Act, R.S., 1985, c. T-11
Trade-marks Act, R.S., 1985, c. T-13
Transportation Appeal Tribunal of Canada Act, 2001, c. 29
Trust and Loan Companies Act, 1991, c. 45
Yukon Surface Rights Board Act, 1994, c. 43

In addition to their duties under the above legislation, judges of the Federal Court of Appeal and of the Federal Court have been given functions under the following acts:

Health of Animals Act, 1990, c. 21
National Defence Act, R.S., 1985, c. N-5
Pesticide Residue Compensation Act, R.S., 1985, c. P-10
Plant Protection Act, 1990, c. 22
Supreme Court Act, R.S., 1985, c. S-26

  
Modified: 2006-01-23 Top of Page Important Notices
 
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