Rules of Court
Section 482 authorizes provincial and superior courts to make procedural rules so long as they are not "inconsistent" with any federal legislation.
- Rules of Court
- Power to make rules
482 (1) Every superior court of criminal jurisdiction and every court of appeal may make rules of court not inconsistent with this or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal.
- Power to make rules
(2) The following courts may, subject to the approval of the lieutenant governor in council of the relevant province, make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:
- (a) every court of criminal jurisdiction for a province;
- (b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);
- (c) the Ontario Court of Justice;
- (d) the Court of Quebec and every municipal court in the Province of Quebec;
- (e) the Provincial Court of Nova Scotia;
- (f) the Provincial Court of New Brunswick;
- (g) the Provincial Court of Manitoba;
- (h) the Provincial Court of British Columbia;
- (i) the Provincial Court of Prince Edward Island;
- (j) the Provincial Court of Saskatchewan;
- (k) the Provincial Court of Alberta;
- (l) the Provincial Court of Newfoundland and Labrador;
- (m) the Territorial Court of Yukon;
- (n) the Territorial Court of the Northwest Territories; and
- (o) the Nunavut Court of Justice.
- Purpose of rules
(3) Rules under subsection (1) or (2) may be made
- (a) generally to regulate the duties of the officers of the court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of the law;
- (b) to regulate the sittings of the court or any division thereof, or of any judge of the court sitting in chambers, except in so far as they are regulated by law;
- (c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and
- (d) to carry out the provisions of this Act relating to appeals from conviction, acquittal or sentence and, without restricting the generality of this paragraph,
- (i) for furnishing necessary forms and instructions in relation to notices of appeal or applications for leave to appeal to officials or other persons requiring or demanding them,
- (ii) for ensuring the accuracy of notes taken at a trial and the verification of any copy or transcript,
- (iii) for keeping writings, exhibits or other things connected with the proceedings on the trial,
- (iv) for securing the safe custody of property during the period in which the operation of an order with respect to that property is suspended under subsection 689(1), and
- (v) for providing that the Attorney General and counsel who acted for the Attorney General at the trial be supplied with certified copies of writings, exhibits and things connected with the proceedings that are required for the purposes of their duties.
(4) Rules of court that are made under the authority of this section shall be published in the Canada Gazette.
- Regulations to secure uniformity
(5) Notwithstanding anything in this section, the Governor in Council may make such provision as he considers proper to secure uniformity in the rules of court in criminal matters, and all uniform rules made under the authority of this subsection prevail and have effect as if enacted by this Act.
R.S., 1985, c. C-46, s. 482; R.S., 1985, c. 27 (1st Supp.), s. 66; 1994, c. 44, s. 35; 2002, c. 13, s. 17; 2015, c. 3, s. 50.
- Manner of Interpretation
The rules created by a court should be subject to the "ordinary principles of statutory interpretation".
Rules of the Provinces and Territories
|Alberta||Superior Court / Court of Appeal||Alberta Rules of Court||Alta Reg 124/2010|
|Alberta||Superior Court||Court of Queen's Bench for Alberta Summary Conviction Appeal Rules||SI/2012-39|
|British Columbia||Provincial Court||Provincial Court of British Columbia Criminal Caseflow Management Rules||SI/99-104|
|British Columbia||Superior Court||Criminal Rules of the Supreme Court of British Columbia||SI/97-140|
|British Columbia||Court of Appeal||British Columbia Court of Appeal Criminal Appeal Rules, 1986||BC Reg 145/86|
|Manitoba||Superior Court||Criminal Proceedings Rules of the Manitoba Court of Queen's Bench||SI/2016-34|
|New Brunswick||Superior Court||Criminal Procedure Rules of the Court of Queen's Bench of New Brunswick||SI/2015-81|
|New Brunswick||Superior Court||New Brunswick Court of Queen's Bench Summary Conviction Appeal Rules||SI/80-117|
|Newfoundland||Superior Court||Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)||SI/2002-96|
|Newfoundland||Provincial||Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings||SI/2004-134|
|Newfoundland||Superior||Supreme Court of Newfoundland, Trial Division Rules for Orders in the Nature of Certiorari, Habeas Corpus, Mandamus and Prohibition||SI/2000-33|
|Newfoundland||Superior Court||The Criminal Appeal Rules of the Supreme Court of Newfoundland, Trial Division||SI/87-28|
|Newfoundland||Superior Court||Newfoundland Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole||SOR/89-297|
|Northwest Territories||Court of Appeal||Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals||SOR/78-68|
|Northwest Territories||Superior Court||Northwest Territories Rules of Practice Respecting Applications and Hearings concerning a Reduction in the Number of Years of Imprisonment Without Eligibility for Parole||SOR/98-392|
|Northwest Territories||Superior Court||Criminal Procedure Rules of the Supreme Court of the Northwest Territories||SI/98-78|
|Nova Scotia||Superior Court / Court of Appeal||Nova Scotia Civil Procedure Rules, Nova Scotia Civil Procedure Rules||Royal Gaz Nov 19, 2008|
|Nova Scotia||Provincial||Provincial Court Rules||website|
|Ontario||Superior Court||Criminal Proceedings Rules for the Superior Court of Justice (Ontario)||SI/2012-7|
|Ontario||Provincial||Criminal Rules of the Ontario Court of Justice||SI/2012-30, website|
|Prince Edward Island||Court of Appeal||Prince Edward Island – Criminal Appeal Rules of Court||SI/2011-109|
|Prince Edward Island||Superior Court||Prince Edward Island Criminal Rule of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole||SOR/92-383|
|Quebec||Court of Appeal||Rules of the Court of Appeal of Quebec in Criminal Matters||SI/2006-142|
|Quebec||Superior Court||Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002||SI/2002-46|
|Quebec||Provincial||Regulation of the Court of Québec||CQLR c C-25.01, r 9|
|Saskatchewan||Court of Appeal||The Court of Appeal Criminal Appeal Rules (Saskatchewan)||SI/2011-9|
|Saskatchewan||Superior Court||Saskatchewan Court of Queen's Bench Rules Respecting Pre-Trial Conferences||SI/86-158|
|Saskatchewan||Superior Court||Court of Queen's Bench for Saskatchewan Summary Conviction Appeal Rules||SI/2011-20|
|Yukon||Court of Appeal||Yukon Territory Court of Appeal Criminal Appeal Rules, 1993||SI/93-53|
|Yukon||Superior Court||Supreme Court of Yukon Summary Conviction Appeal Rules, 2009||SI/2012-64|
|Yukon||Superior Court||Yukon Territory Supreme Court Rules for Pre-hearing Conferences in Criminal Matters||SOR/88-427|
- Youth justice court may make rules
17 (1) The youth justice court for a province may, subject to the approval of the lieutenant governor in council of the province, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155 regulating proceedings within the jurisdiction of the youth justice court.
- Rules of court
(2) Rules under subsection (1) may be made
- (a) generally to regulate the duties of the officers of the youth justice court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of this Act;
- (b) subject to any regulations made under paragraph 155(b), to regulate the practice and procedure in the youth justice court; and
- (c) to prescribe forms to be used in the youth justice court if they are not otherwise provided for by or under this Act.
- Publication of rules
(3) Rules of court that are made under the authority of this section shall be published in the appropriate provincial gazette.
- Forms, Regulations and Rules of Court
154 (1) The forms prescribed under section 155, varied to suit the case, or forms to the like effect, are valid and sufficient in the circumstances for which they are provided.
- If forms not prescribed
(2) In any case for which forms are not prescribed under section 155, the forms set out in Part XXVIII of the Criminal Code, with any modifications that the circumstances require, or other appropriate forms, may be used.
155 The Governor in Council may make regulations
- (a) prescribing forms that may be used for the purposes of this Act;
- (b) establishing uniform rules of court for youth justice courts across Canada, including rules regulating the practice and procedure to be followed by youth justice courts; and
- (c) generally for carrying out the purposes and provisions of this Act.