Due to COVID-19, starting in March of this year through a series of directions and orders the Federal Court (the “FC”) implemented the Suspension Period which suspended for its duration deadlines and timelines under the rules and orders of the FC and under several other federal statutes. The Suspension Period ran from March 16 to June 15 in the Atlantic and Western provinces, and to June 29 in Ontario, Quebec, and the Territories. The FC also provided for an additional 14-day period to provide parties and their counsel with the opportunity to prepare for the resumption of their cases.  

A similar suspension period was instituted by the Federal Court of Appeal (the “FCA”) and is technically still in effect, although the FCA has started moving forward selected cases.

However, on July 27, the federal Time Limits and Other Periods Act (COVID-19) came into force, providing, among other things, that federal limitation periods and court deadlines are suspended between March 13 and September 13, 2020. This has created some confusion as to what deadlines and extensions of deadlines apply to FC and FCA proceedings.

In particular, on September 3, 2020, the FCA issued a direction concerning the Time Limits Act and the Attorney General of Canada’s position regarding same. Apparently in a letter dated September 1, 2020, the AG communicated to the FCA that the Time Limits Act suspended retroactively from March 13 to September 13 all time limits established by or under an Act of Parliament, and that all orders and directions issued by the courts, presumably during that time, were ousted. This put into question all measures adopted by the FC and the FCA in response to COVID-19, including the extensions and resumptions of timelines.

In response, the FCA directed that the AG’s position regarding the impact of the Time Limits Act to the time limits under the Federal Courts Rules and orders under the Rules is incorrect and should not be followed. As a result, FCA directed that the Court’s judgments, orders and directions, including those regarding the suspension period and measures adopted due to COVID-19, remain in full force.

Similarly, this week the FC clarified in a practice direction that notwithstanding the Time Limits Act the Court’s directions and orders which instituted the Suspension Period remain in effect. 

The FC also directed that the Court’s practice adopted during the Suspension Period with respect so certain administrative matters is being continued, namely in regard to hearings by video conference, case management, moving matters forward electronically, opting to have matters heard in writing, electronic service and filing, access to court files, gowning, and commissioning of affidavits.

Please refer to FCA’s Direction under Rule 54 and FC’s Practice Direction (COVID-19): Update #6 for full details.