E-Filing Privacy Statement

The Federal Court of Appeal (the “Court”) electronic filing system (“E-Filing System”) enables parties, tribunals, interveners, and prospective interveners to submit electronic documents for filing or deliver electronic documents to the Court through a web portal. The Courts Administration Service (“CAS”) created, maintains and manages the E-Filing System for the Court.

By using the Court’s E-Filing System, a user consents to the collection and use of information in accordance with this statement.

When you use the E-Filing System, CAS collects the following types of information:

1. Contact information of the individual using the system

   CAS collects contact information, such as the name, phone number, and email address, of the individual using the E-Filing System for the purpose of processing documents submitted for filing or for delivery to the Court. Users may voluntarily provide CAS with additional information, such as handling instructions, through a comment box, which CAS also uses to process documents submitted for filing or delivery to the Court. In some circumstances, such information may become part of the publicly available court record.

   If a session is cancelled before the submission is finalized, the information entered will not be saved.

   CAS does not disclose contact information to third parties, except with the consent of the individual to whom the information relates or as permitted or required by law. Contact information is not used by CAS for statistical or demographic purposes.

2. Information in the documents being submitted for filing or delivery

   Documents submitted for filing or delivery to the Court through the E-Filing System usually become part of the publicly available court record unless the Court orders or directs otherwise.

   Documents submitted for filing or delivery to the Court through the E-Filing System and the information they contain usually become part of the public record. This may include personal information about the parties themselves, third parties, and counsel. If you provide personal information about another individual, it is your responsibility to obtain the consent of that individual to enable CAS to collect, use and disclose that individual’s information as described in this Privacy Statement.

   You should take all reasonable steps to protect sensitive information and minimize the amount of sensitive or personal information included in the documents that you submit for filing to the Court, including those you submit for filing through the E-Filing System, since they will be placed in the public court record.

   Anyone can view or request a copy of a document contained in the public court record. The Court and CAS can offer no assurances against the improper use by third parties of information obtained from the public court record or delivered to the Court through the E-Filing System.

   Under certain circumstances, the Court may issue a confidentiality order to protect sensitive information. Documents that may be subject to a confidentiality order must not be submitted for filing or delivered using the E-Filing System.

3. Information about the use of the E-Filing System

   When you use the E-Filing System, CAS automatically collects information about your use of the E Filing System, such as the time the system was accessed and information about the device and connection used to access the system. This information is not normally used by CAS to identify users.

Processing and Storage of Information

All information that CAS collects in connection with the E-Filing System is stored and processed in Canada.

Although the Court and CAS have implemented measures to protect information from accidental loss, alteration, disclosure or unauthorized use, we cannot guarantee that the information collected through the E-Filing System will never be accessed or misused by an unauthorized third party. CAS will notify you of any unauthorized access, use, or disclosure of your information that comes to our attention.

Questions or comments regarding this Privacy Statement may be directed to: information@fca-caf.ca.