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An Introduction to the Civil Procedure Rules
and the Rule Committees

The Civil Procedure Rules govern proceedings in Nova Scotia's Court of Appeal and Supreme Court. The Civil Procedure Rules are made and amended by the Judges of the Supreme and Appeal Courts under the authority of the Judicature Act R.S.N.S. 1989, c. 240, s. 46

All of the Civil Procedure Rules are contained in a Butterworths paper publication entitled: "Nova Scotia Civil Procedure Rules".

The Supreme Court ‘Bench Rules Committee' consists of 10 judges. The members of that Committee, which includes the Associate Chief Justice, who chairs the Committee, and the Chief Justice, are appointed annually by the judges of the Supreme Court. One position is reserved for a judge of the Court of Appeal. Working groups of this Committee are set up on an ad hoc basis to deal with specific Rule amendments. A permanent sub-committee is responsible for the Family Division rules. Both working groups and the sub-committees make recommendations and report to the Bench Rules Committee for final decisions on additions or amendments.

The Prothonotary provides support (research, agenda preparation, minutes, etc) to the Rules Committee and to it's working groups. The Rules Committee meets monthly excepting in the summer.

The Judges consult with the practicing Bar about the Rules through the ‘Bench-Bar Rules Committee' which consists of five Bar representatives, including the Executive Director of the Bar Society, together with the members of the Bench Rules Committee. This group meets twice annually. The Bench-Bar Rules Committee is not a decision making body but a consultative/working group. It provides an opportunity for dialogue with the Bar Society on proposed changes to the Rules. All recommendations from this joint meeting go forward to the Bench Rules Committee. The Prothonotary also provides support to this committee.

Recommendations from the Bench Rules Committee go forward for adoption to the full meeting of the Supreme Court and, where appropriate, to the Court of Appeal. Pursuant to section 51 of the Judicature Act, all changes to the Civil Procedure Rules must be placed before the House of Assembly within 20 days after the changes have been made. Section 47 of the Judicature Act, also provides for the tabling of the Rules before the Legislature. This is done through the Registrar of Regulations at the Department of Justice. All changes to the Civil Procedure Rules must be published in the Royal Gazette and are effective the date of that publication.

Amendments are posted on the Courts of Nova Scotia website and the website of the Nova Scotia Barristers' Society.

Amendments to the Rules are made on a continuing basis by the judges. The Rules are currently published only in the English language, however, any amendments to Rules enacted pursuant to the provisions of the Criminal Code of Canada must be published in the Canada Gazette in both official languages.

The contact person for questions concerning the Civil Procedure Rules is the Prothonotary:
Annette M. Boucher
Prothonotary, Supreme Court - Halifax
Registrar, Court of Appeal
Email: boucheam@gov.ns.ca