In recognition of the National Day for Truth and Reconciliation on Saturday September 30th, the Federal Court will only hear urgent motions on Monday October 2. The court issued a Notice to the Parties and the Profession noting that, “due to the current wording of the amendments to the Interpretation Act and the definition of holiday in section 2 of the Federal Court Rules, the Federal Court Registry will still be open for filing on Monday, October 2, 2023, via drop-box and E-filing only” and “Litigants are reminded to include Monday, October 2, 2023, in their computation of time.” October 2nd is generally considered a holiday at CIPO.

The Patent Rules and Trademark Regulations generally identify the holiday as a prescribed day as “September 30 or, if September 30 falls on a Saturday or Sunday, the following Monday”.

In contrast, the Federal Courts Rules refers to the Interpretations Act which defines holidays as “National Day for Truth and Reconciliation, which is observed on September 30” without reference to the following Monday.