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Rules of the Supreme Court of Canada

Version of section 46 from 2006-03-22 to 2006-10-12:

  •  (1) A reference to the Court by the Governor in Council under section 53 of the Act shall be commenced by notice of reference in Form 46 to which shall be attached a copy of the order in council authorizing the reference.

  • (2) When a reference involves the giving of an opinion as to a case already disposed of by a court of appeal, the Court may, on its own initiative, require further evidence in respect of any question that the Court considers relevant.

  • (3) Further evidence under subrule (2) shall be taken as authorized by the Act and in the manner directed by the Court.

  • (4) The Governor in Council shall bring a motion to the Chief Justice or a judge to direct the Registrar to enter a reference on a list of cases to be heard by the Court and to determine any procedural issues.


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