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Crown Liability and Proceedings Act (R.S.C., 1985, c. C-50)

Act current to 2022-09-11 and last amended on 2019-09-01. Previous Versions

PART IIProceedings (continued)

Interest (continued)

Marginal note:Judgment interest, causes of action within province

  •  (1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments against the Crown in respect of any cause of action arising in that province.

  • Marginal note:Judgment interest, causes of action outside or in more than one province

    (2) A judgment against the Crown in respect of a cause of action outside any province or in respect of causes of action arising in more than one province shall bear interest at such rate as the Court considers reasonable in the circumstances, calculated from the time of the giving of the judgment.

  • 1990, c. 8, s. 31
  • 2001, c. 4, s. 52(E)

Tenders

Marginal note:Tenders

  •  (1) The Crown may, in any proceeding, plead a tender without paying the money tendered into court.

  • Marginal note:Written offer

    (2) Every tender of a sum of money on behalf of the Crown shall be deemed to be legally made if made by a written offer to pay the sum, given under the hand of a minister of the Crown, or a person acting for that minister in that behalf, and notified to the person having the claim to that sum.

  • 1990, c. 8, s. 31

Prescription and Limitation

Marginal note:Provincial laws applicable

 Except as otherwise provided in this Act or in any other Act of Parliament, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings by or against the Crown in respect of any cause of action arising in that province, and proceedings by or against the Crown in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose.

  • R.S., 1985, c. C-50, s. 32
  • 1990, c. 8, s. 31

Application of Statutes to the Crown

Marginal note:Application of statutes to Crown

 Except as otherwise expressly provided in this Act, nothing in this Act affects any rule of evidence or any presumption relating to the extent to which the Crown is bound by an Act of Parliament.

  • R.S., c. C-38, s. 20

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing rules of practice and procedure in respect of proceedings by, against or involving the Crown, including tariffs of fees and costs;

  • (b) prescribing forms for the purposes of proceedings referred to in paragraph (a);

  • (c) respecting the issue of certificates of judgments against the Crown;

  • (d) making applicable to any proceedings by, against or involving the Crown all or any of the rules of evidence applicable in similar proceedings between subject and subject; and

  • (e) generally respecting proceedings by, against or involving the Crown.

  • R.S., 1985, c. C-50, s. 34
  • 1990, c. 8, s. 32
  • 2006, c. 11, s. 18

Agencies and Servants of the Crown

Marginal note:Proceedings against Crown agencies

  •  (1) This Act, except section 22, applies in respect of any proceedings against an agency of the Crown taken in accordance with any Act of Parliament that authorizes the proceedings to be taken.

  • Marginal note:Payment of award

    (2) Any money awarded to any person by a judgment in any proceedings referred to in subsection (1), or the interest thereon, may be paid out of any funds administered by the agency of the Crown.

  • R.S., 1985, c. C-50, s. 35
  • 1990, c. 8, s. 32

Marginal note:Status of Canadian Forces and R.C.M.P.

 For the purposes of determining liability in any proceedings by or against the Crown, a person who was at any time a member of the Canadian Forces or of the Royal Canadian Mounted Police shall be deemed to have been at that time a servant of the Crown.

  • R.S., 1985, c. C-50, s. 36
  • 1990, c. 8, s. 32
 
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