Supreme Court Rules: electronic filing and fees

Summary#

These are changes to the Rules of the Supreme Court of Canada that update how documents are filed, how parties announce their official names, some timelines for interveners, and certain fees and disbursement rules. The amendments take effect on June 3, 2024 (or on the day the rules are registered if that is later).

What it does#

• Adds a new definition for an electronic filing portal and updates the definition of “person”.
• Requires non-individual parties to file a Form 14 notice to confirm their name in both official languages or certify they do not have a bilingual name. Parties can ask the Registrar to treat that notice as permanent.
• Clarifies ways to file documents: through the electronic filing portal, by fax or email, by hand, or by mail/courier. Certain documents must still be filed by hand, mail, or courier.
• Sets when electronically filed, faxed or emailed documents are treated as filed:
  • deemed filed on the day received (holidays shift the date);
  • time of receipt is Eastern time;
  • originals and required bound copies must be delivered within five business days after electronic/fax/email filing.
• Changes service rules for emailed documents: service by email must be supported by an affidavit and a copy of the email plus a read/delivery receipt or confirmation.
• Adjusts timelines for interveners to serve and file documents:
  • six weeks in some cases, or
  • 16 weeks in another case (specifics depend on the type of intervention).
• Requires excerpts/authorities at hearings to be supplied as a single bound condensed book, and to file 14 copies with the Registrar. The condensed book must include a two-page outline of oral argument.
• Requires the name of counsel to be given to the Registrar at least four weeks before the hearing.
• Amends several forms:
  • replaces Form 14 and updates Form 20 and Form 83B.
• Changes fee and disbursement rules in Schedule B:
  • adds a charge of $0.30 per page for preparing electronic versions of certain documents;
  • reproducing documents will be taxed based on receipts; if no itemized receipt, reproduction is taxed at $0.25 per page;
  • requires detailed receipts for disbursements over $50.
• Minor French wording change replacing “rédaction” with “préparation” in specific schedule items.

Who's affected#

• Parties involved in cases before the Supreme Court of Canada, especially non-individual parties (corporations, governments).
• Lawyers, agents and counsel who prepare and file court documents and condensed books.
• Interveners in Supreme Court proceedings who will need to follow the new timelines.
• People or firms billing for document preparation and reproduction (because of the new $0.30 per page and the $0.25 per page rule for unreceipted reproduction).
• Court staff, including the Registrar, who will manage the new filing and service procedures.

Why it matters#

• The rules make electronic filing an official, routine option while keeping some documents required to be filed in physical form. That affects how quickly and easily documents can be sent to the Court.
• New name-notice rules aim to keep party names consistent in both official languages across cases. That matters for public records and accurate case captions.
• Clearer timing rules (for filing, service, and intervener materials) reduce uncertainty about deadlines. That affects lawyers’ scheduling and case preparation.
• The per-page charges and stricter receipt rules change how legal teams and clients may be billed for copying and preparing electronic files. Small costs like $0.30 per page can add up in big cases.
• The rules take effect on June 3, 2024, so anyone preparing to file with the Court after that date should follow the new requirements.