The currency and clarity of the Federal Courts Rules is ensured by the Rules Committee established pursuant to section 45.1 of the Federal Courts Act. The mandate of the Rules Committee is to review the Rules and to suggest any amendments or additions. The drafters at the Department of Justice Canada ultimately draft the changes pursuant to the instructions of the Rules Committee and the Committee approves them for publication.
The Rules Committee is composed of the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court; three judges designated by the Chief Justice of the Federal Court of Appeal and five judges designated by the Chief Justice of the Federal Court; the Chief Administrator of the Courts Administration Service, a representative of the Attorney General of Canada and five members of the bar of any province designated by the Attorney General of Canada, after consultation with the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court, who themselves make a practice of consulting the Canadian Bar Association. Notably, the latter should be representative of the different regions of Canada and have experience in fields of law in respect of which the Federal Court of Appeal and the Federal Court have jurisdiction.
The Rules Committee generally meets twice a year, but can meet more often as needed.
Discussion paper - Review of the Rules on Costs, October 5, 2015; deadline to submit comments is January 8, 2016.
Discussion Paper – Providing for Limited Scope Representation in the Federal Court and the Federal Court of Appeal, November 26, 2014 * New deadline to submit comments is February 15, 2015.
Modernization of the Federal Courts Rules – Pre-publication of the Rules Amending the Federal Courts Rules, January 25, 2014
Discussion Paper - Amendments to the Rules on Enforcement, July 17, 2013
Annex A - Specific Recommendations Regarding Rules 425 and 449-457
Report of the Subcommittee on Global Review of the Federal Courts Rules October 16, 2012
Discussion Paper – Global Review of the Federal Courts Rules, May 2012
Discussion Paper - Global Review of the Federal Courts Rules, October 14, 2011
Discussion Paper - Possible Procedural Changes, June 3, 2011
Discussion Paper - Information Technology and the Federal Courts Rules, May 25, 2011
Discussion Paper - Expert Evidence in the Federal Courts - Update, March 16, 2009
Notice to the Profession (regarding Update on the amendments proposed by the Federal Courts Rules Committee on expert witnesses), March 13, 2009
Discussion Paper - Expert Witnesses, May 2008
Notice to the Profession (regarding the Discussion Paper – Expert Witnesses), May 1, 2008
Discussion Paper – Summary Judgment, October 2006
Notice to the Profession (regarding the Discussion Paper – Summary Judgment), October 13, 2006
Discussion Paper - Service of Expert Witnesses’ Affidavits, September 2004
Notice to the Profession (regarding the Discussion Paper - Service of Expert Witnesses’ Affidavits), September 24, 2004
Discussion Paper - Offers to Settle, March 2004
Notice to the Profession (regarding the Discussion Paper - Offers to Settle), March 11, 2004