Electronic Filing

Guidelines for Printed and Electronic Versions of Appeal Documents

You must follow these guidelines when preparing, serving and filing your appeal documents. The Supreme Court of Canada will not accept the filing of any electronic document that does not conform to these guidelines.

Preparing Your Documents

1. The electronic version of a document must be in PDF format and must be a true representation (identical copy) of the printed version. In case of discrepancy between the two versions, the original printed version will be considered official.
   1. Contents: Both the printed and electronic versions, must contain a cover and, at the beginning, a table of contents (Rules 23 and 24 of the Rules of the Supreme Court of Canada). And, they must both contain the same contents and number of pages.
   2. Page Numbering: Notwithstanding the requirements of the Rules, the page numbering of the printed version of all appeal documents must be identical to the page numbering in the electronic version. To ensure this:
      • Number every page of both the printed and electronic versions, except for the cover and index pages, identically and consecutively in arabic numerals starting with the number "1", in bold, at the top of each page. If your document contains tabs, the numbering remains consecutive irrespective of the tabs.
      • If you are using Adobe Professional, you must set your numbering “style” to “none” for the cover and index pages. For more details, see the E-Filing FAQ.
      • Number any blank page that appears in the document.
      • Mark every authority in the printed version with a tab.
      • Do not scan dividers or tab sheets into the electronic version.
      • Start the numbering over again in each additional volume.
        
        
      For example:
      (requirements applicable to both the printed and electronic versions of all appeal documents)
      
   3. Printing: The printed version must be printed on one side of good-quality white letter-format paper (21.5 cm by 28 cm) with the printed pages facing up on the left. Only the book of authorities and the condensed book are printed on both sides.
      
      The factum and the notice of appeal shall be printed
      • in a type no smaller than 12 point and no more than 12 characters per 2.5 cm
      • with every paragraph, but no headings, consecutively numbered in the left margin
      • with no more than 500 words on every printed page
      • with the lines at least one and one-half lines apart, except for quotations from authorities, which shall be indented and single-spaced; and
      • with margins of no less than 2.5 cm
        
        
      Every record shall have a header on every page (Rule 40).
   4. Binding and volumes: The Rules specify that if a printed document exceeds 300 pages, it must be bound in volumes of not more than 200 pages (Subrule 21(2.1)). An electronic document must be split into separate files if the printed version contains more than one volume. Each volume of both the printed and electronic versions must contain a table of contents (Subrule 24(1)). You must indicate on each volume, below the title of the document and the information required by paragraph 22(1)(f), but within the horizontal lines, the volume number in Roman numerals and, on the same line or the line below, the volume number and the page numbers of the first and last pages in that volume. The volume number in Roman numerals must appear on the bottom cutting edge of each printed version.
   5. Specific requirements: Follow the requirements set out in Appendix A for each appeal document.
2. “Bookmarks” for electronic documents must be created and must mirror the items in the table of contents of the document and of each volume of a document (see appendices A and B).
3. If one of the files of your electronic document exceeds 75 megabytes (MB), please contact the Registry office by phone at 613-996-8666 or by e-mail at registry-greffe@scc-csc.gc.ca.
4. When paper documents are scanned, the resolution must be set to 300 dpi.
5. Links to external sites and between documents are not permitted. Linking within a document is optional.
6. Any security setting in the document must be deactivated, because this may interfere with systems for the visually impaired and affect accessibility.
7. You are responsible for removing any hidden text, such as markings or annotations (track changes), from your source documents before converting them to PDF. You may consult the documentation for your word processing software for instructions on how to do this.
8. You must enable the commenting functionality for your PDF document. If you are using Adobe Professional 8, select from the menu bar "Comments" and then "Enable for Commenting and Analysis in Adobe Reader...".
9. Do not use the following characters in file names when saving your document: ` ~ ! @ # $ % ^ & * () + = [] {} : ; ' , ? | " /
10. Signatures are not required on electronic versions. The signature of counsel of record is required on the original printed copy of the Notice of Appeal, Factum (Part V), and Record (Certificates of Counsel in Form 38 and Form 39).

Filing Your Documents

1. The electronic version of a document must be filed on a CD-ROM and sent to the Court by mail or courier or delivered by hand no later than five working days after the printed version is filed. The Registry is open between 9am and 5pm Eastern Time (standard time or day-light saving time, as the case may be).
2. Both the CD-ROM and its container or jewel case must be labelled with the filing party’s name, the SCC file number and, if space permits, the style of cause. Do not place any CD-ROM in the inside cover of the printed version of your document.
3. An electronic version of the Electronic Filing Form (PDF Format, 165 kb), which is used to provide information on an electronic document being filed, must be submitted for each electronic document on the CD-ROM. If a document contains multiple volumes, only one Electronic Filing Form is required for all the volumes of that document. The form must be in electronic format and must be included on the CD-ROM. You are not required to file a printed version of the form.
4. The filing of an electronic version of the condensed book is optional. A printed version must be filed at the hearing of the appeal.

Serving Your Documents

1. You must serve both a copy of the printed version and a copy of the electronic version (on a CD-ROM) of a document that is required to be served, unless counsel being served is willing to accept service of one version only.
2. Proof of service is required only for service of the printed version. If counsel, however, is willing to accept service of the electronic version only, an affidavit of service is required.

Sensitive Information and Redacted Versions

If any of your appeal documents

• include or reveal information that is subject to a sealing order,
• include information that is subject to limitations on public access (this restriction is usually imposed by federal or provincial legislation; it might apply, for example, in a case involving adoption or children in need of protection), or
• include information classified as confidential (information which when disclosed, could cause injury to the national interest; for example, in a case involving terrorism),

Contact Joanne Laniel, Manager, Registry Branch, at 613-996-7810, regarding specific requirements for the preparation of redacted printed and electronic versions.

Requirements Related to the Posting of Factums

You must provide an electronic version of a factum that is suitable for posting on the SCC website. The following information should be omitted:

• information subject to a publication ban, and
• personal data identifiers* or personal information that, if combined with the individual's name and made widely accessible to the public, could pose a serious threat to the individual's personal security.

* The following are some examples of personal data identifiers or personal information that could pose a threat to an individual's personal security (as a result, for example, of identity theft, stalking or harassment):

• names of individuals together with their addresses,
• social insurance numbers,
• account numbers for bank accounts, lines of credit, credit cards or other assets and corresponding PINs, and
• medical records.

N.B.: An individual's name on its own is not considered to be a personal data identifier.

As a best practice, the version of the factum you file for the public record should omit all the information listed above so that it may be posted on the SCC website as is. Where a redacted factum is filed for posting on the Web, the word “Redacted” should appear within the two horizontal lines on the front cover of the redacted version, which should be provided no later than three weeks after the original factum was filed.

For further information about the principles governing access to appeal factums through the SCC website, please consult the Policy for Access to Supreme Court of Canada Court Records.

Redacting Documents

When documents are redacted, the information to be deleted should either be permanently deleted or be masked in such a way as to prevent others from accessing the sensitive content in the electronic file. Adobe Professional 8 contains a redaction tool that assists with the redaction of electronic versions of documents through an automatic search feature that can search and mark designated text or metadata. Other PDF software may have similar features. Please refer to your software's help section for step-by-step instructions on how to redact your document. The word “Redacted” must appear within the two horizontal lines on the cover page of any redacted printed or electronic version.

Changes or Amendments

When changes or amendments are made to the printed version of a document, you must file a CD-ROM containing the electronic version of the new printed version and the Electronic Filing Form (PDF Format, 165 kb), as well as a covering letter which lists or describes the changes or amendments. The word “Amended” must appear within the two horizontal lines on the cover page of any amended printed or electronic version. Any amended version that is filed will replace the original.

If changes are made to a printed or electronic document after the filing deadline, you must file a motion for an extension of time.

Questions

The Court will not provide technical support for the creation of documents, but questions on the requirements set out in these guidelines may be addressed to Jennifer MacDonald, Senior Registry Officer, at (613) 944-7997, or you could consult our E-Filing FAQ.

Appendix A

Specific Requirements

Specific Requirements for preparing your documents

	OCR	Bookmarks for Electronic Documents (Must have a title and mirror the items in the table of contents in each volume of a document)	Number of Printed and Electronic Copies to be Filed	Number of Printed and Electronic Copies to be Served
Notice of Appeal (and, in an appeal as of right, Form 25B which must be saved in the same electronic document as the Notice of Appeal)	Optional	None required	Printed: 1 original and 1 copy. Electronic: 1 copy. Note: The other documents listed in Rule 33 of the Rules are required to be filed in the printed version but not in electronic format.	1 copy of each on all other parties.
Factum	Yes except for Part VII	At a minimum, each “Part” must be bookmarked.	Printed: 1 original and 23 copies. Electronic: 1 copy and, where applicable, a separate redacted version for posting on the Web.	1 copy of each on all other parties.
Record	Optional	At a minimum, each “Part” must be bookmarked.	Appellant’s Record Printed: The original and 20 copies of the volume(s) containing Parts I and II. Eleven (11) copies of all other volumes. Electronic: 1 copy. Respondent’s Record Printed: 1 original and 10 copies. Electronic: 1 copy.	1 copy of each on all other parties.
Book of Authorities	Optional	At a minimum, each Authority must be bookmarked. If, in the printed version you have highlighted a passage by underlining it or by placing a vertical line in the margin, you must create a sub-bookmark for that passage.	Printed: 11 copies. Electronic: 1 copy.	1 copy of each on all other parties.
Condensed Books	Optional	At a minimum, table of contents must be bookmarked.	Printed: 14 copies to be distributed in the courtroom the day of the hearing. Electronic: optional.	1 copy of each on all other parties.
Motion before a Judge or the Registrar			Printed: 1 original and 2 copies. Electronic: none.	1 copy of each on all other parties.
Motion before the Court			Printed: 1 original and 14 copies. Electronic: none.	1 copy of each on all other parties.

 

Colour of covers of printed versions

Beige	Orange	Green	Grey	Blue
Appellants’ factum, book of authorities and condensed book	Appellants’ Record	Respondents’ factum, book of authorities and condensed book	Respondents’ Record	Interveners’ factum, book of authorities and condensed book
		Response to the Motion (by any party)	Motion (by any party)

Appendix B

Bookmarks for Electronic Documents

Factum

Record

Book of Authorities

Note: The bookmark name of each authority must be preceded by the tab number.