SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Courts Administration Service Act.

PURPOSES OF ACT

Marginal note:Purposes

2. The purposes of this Act are to

• (a) facilitate coordination and cooperation among the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada for the purpose of ensuring the effective and efficient provision of administrative services to those courts;

• (b) enhance judicial independence by placing administrative services at arm’s length from the Government of Canada and by affirming the roles of chief justices and judges in the management of the courts; and

• (c) enhance accountability for the use of public money in support of court administration while safeguarding the independence of the judiciary.

COURTS ADMINISTRATION SERVICE

Marginal note:Establishment of Service

3. The Courts Administration Service (in this Act referred to as the “Service”), consisting of the Chief Administrator of the Service and employees of the Service, is hereby established as a portion of the public service of Canada.

Marginal note:Principal office

• 4. (1) The principal office of the Service shall be in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Other offices

  (2) The Chief Administrator may, after consultation with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, establish other offices of the Service elsewhere in Canada.

CHIEF ADMINISTRATOR

Marginal note:Appointment

• 5. (1) The Governor in Council shall appoint the Chief Administrator to hold office during pleasure for a term of up to five years.

• Marginal note:Re-appointment

  (2) The Chief Administrator is eligible for re-appointment at the end of each term of office.

• Marginal note:Consultations

  (3) The Minister of Justice shall consult the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada with respect to the appointment and re-appointment of the Chief Administrator and, if applicable, the termination of the Chief Administrator’s appointment.

• Marginal note:Status of Chief Administrator

  (4) The Chief Administrator shall have the rank and status of a deputy head of a department.

• Marginal note:Absence or incapacity

  (5) If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister of Justice shall appoint another person to act as Chief Administrator. That person may not act as Chief Administrator for more than 90 days unless the Governor in Council, on the recommendation of the Minister of Justice after consultation by that Minister with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, confirms that the person may continue to act as Chief Administrator.

• Marginal note:Powers, duties and functions

  (6) The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator under this Act or any other Act of Parliament.

Marginal note:Salary and expenses

• 6. (1) The Chief Administrator shall receive the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties and functions under this Act while absent from the Chief Administrator’s ordinary place of work.

• Marginal note:Compensation

  (2) The Chief Administrator is deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

POWERS, DUTIES AND FUNCTIONS OF CHIEF ADMINISTRATOR

Marginal note:Chief Administrator

• 7. (1) The Chief Administrator is the chief executive officer of the Service and has supervision over and direction of its work and staff.

• Marginal note:Powers

  (2) The Chief Administrator has all the powers necessary for the overall effective and efficient management and administration of all court services, including court facilities and libraries and corporate services and staffing.

• Marginal note:Duties and functions

  (3) The Chief Administrator, in consultation with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, shall establish and maintain the registry or registries for those courts in any organizational form or forms and prepare budgetary submissions for the requirements of those courts and for the related needs of the Service.

• Marginal note:Limitation

  (4) The powers of the Chief Administrator do not extend to any matter assigned by law to the judiciary.

CHIEF JUSTICES

Marginal note:Judicial functions

• 8. (1) The Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada are responsible for the judicial functions of their courts, including the direction and supervision over court sittings and the assignment of judicial duties.

• Marginal note:Included powers

  (2) The direction and supervision over court sittings and the assignment of judicial duties include, without restricting the generality of those terms, the power to

  • (a) determine the sittings of the court;

  • (b) assign judges to sittings;

  • (c) assign cases and other judicial duties to judges;

  • (d) determine the sitting schedules and places of sittings for judges;

  • (e) determine the total annual, monthly and weekly work load of judges; and

  • (f) prepare hearing lists and assign courtrooms.

• Marginal note:Directions by Chief Justice

  (3) Officers, clerks and employees of the Service shall act at the direction of a chief justice in matters that are assigned by law to the judiciary.

• Marginal note:Directions by judge

  (4) The persons referred to in subsection (3) who are assigned to or present in a courtroom shall act at the direction of the judge presiding over proceedings in the courtroom while the court is in session.

Marginal note:Direction to Chief Administrator

• 9. (1) A chief justice may issue binding directions in writing to the Chief Administrator with respect to any matter within the Chief Administrator’s authority.

• Marginal note:Statutory Instruments Act not to apply

  (2) The Statutory Instruments Act does not apply to directions issued under subsection (1).

STAFF OF THE SERVICE

Marginal note:Staff to be public servants

10. The officers, clerks and employees who are required for the purposes of the Service shall be appointed under the Public Service Employment Act.

CONTRACTING FOR SERVICES

Marginal note:Experts

11. The Chief Administrator may engage on a temporary basis experts or persons who have specialized knowledge for the purposes of advising and assisting the Chief Administrator in the performance of his or her duties and functions in any matter.

REPORT TO PARLIAMENT

Marginal note:Annual report

• 12. (1) The Chief Administrator shall, within six months after the end of each fiscal year, send to the Minister of Justice a report on the activities of the Service for that year.

• Marginal note:Tabling in Parliament

  (2) The Minister of Justice shall have a copy of the report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report.

R.S., c. F-7AMENDMENTS TO THE FEDERAL COURT ACT

13. The long title of the Federal Court Act is replaced by the following:

14. Section 1 of the Act is replaced by the following:

• 15. (1) The definitions “Associate Chief Justice”, “Chief Justice”, “Court”, “Court of Appeal”, “Federal Court of Appeal”, “judge” and “Trial Division” in subsection 2(1) of the Act are repealed.

• Marginal note:1990, c. 8, s. 1(3)

  (2) The definition “federal board, commission or other tribunal” in subsection 2(1) of the Act is replaced by the following:

  “federal board, commission or other tribunal”

  « office fédéral »

  “federal board, commission or other tribunal” means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prerogative of the Crown, other than the Tax Court of Canada or any of its judges, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96 of the Constitution Act, 1867;

• (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “Registry”

  « greffe »

  “Registry” means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act.

Marginal note:1992, c. 49, s. 127; 1993, c. 34, s. 68(F); 1996, c. 22, s. 1

16. The heading before section 3 and sections 3 to 6 of the Act are replaced by the following:

17. Subsection 7(1) of the Act is replaced by the following:

Marginal note:R.S., c. 16 (3rd Supp.), s. 7(1)

18. Subsections 8(1) and (2) of the Act are replaced by the following:

19. Sections 9 to 11 of the Act are replaced by the following:

• 20. (1) Subsection 12(1) of the Act is replaced by the following:

  Marginal note:Prothonotaries

  • 12. (1) The Governor in Council may appoint as prothonotaries of the Federal Court any fit and proper persons who are barristers or advocates in a province and who are, in the opinion of the Governor in Council, necessary for the efficient performance of the work of that court that, under the Rules, is to be performed by them.

• (2) Section 12 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Immunity from liability

    (6) A prothonotary shall have the same immunity from liability as a judge of the Federal Court.

  • Marginal note:Term of office

    (7) A prothonotary shall hold office during good behaviour but may be removed by the Governor in Council for cause.

  • Marginal note:Cessation of office

    (8) A prothonotary, whether appointed before or after the coming into force of this subsection, shall cease to hold office on becoming 75 years old.

• 21. (1) Subsections 13(1) and (2) of the Act are replaced by the following:

  Marginal note:Sheriff

  • 13. (1) The Governor in Council may appoint a sheriff of the Federal Court of Appeal and of the Federal Court for any geographical area.

  • Marginal note:Ex officio sheriffs

    (2) If no sheriff is appointed under subsection (1) for a court for a geographical area, the sheriff and deputy sheriffs of the county or other judicial division or part of the county within that geographical area who are appointed under provincial law are ex officio sheriff and deputy sheriffs, respectively, of the Federal Court of Appeal and of the Federal Court.

• (2) Subsection 13(4) of the Act is replaced by the following:

  • Marginal note:Sheriffs are marshals

    (4) Every sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a marshal of that court and every deputy sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a deputy marshal of that court.

22. Section 14 of the Act and the heading before it are replaced by the following:

Marginal note:1990, c. 8, s. 2

23. Sections 15 and 16 of the Act are replaced by the following:

24. The heading before section 17 of the Act is replaced by the following:

Marginal note:1990, c. 8, s. 3(1)

• 25. (1) Subsection 17(1) of the Act is replaced by the following:

  Marginal note:Relief against the Crown

  • 17. (1) Except as otherwise provided in this Act or any other Act of Parliament, the Federal Court has concurrent original jurisdiction in all cases in which relief is claimed against the Crown.

• Marginal note:1990, c. 8, s. 3(1)

  (2) The portion of subsection 17(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Cases

    (2) Without restricting the generality of subsection (1), the Federal Court has concurrent original jurisdiction, except as otherwise provided, in all cases in which

• Marginal note:1990, c. 8, s. 3(2)

  (3) Subsections 17(3) and (4) of the Act are replaced by the following:

  • Marginal note:Crown and subject: consent to jurisdiction

    (3) The Federal Court has exclusive original jurisdiction to hear and determine the following matters:

    • (a) the amount to be paid if the Crown and any person have agreed in writing that the Crown or that person shall pay an amount to be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada; and

    • (b) any question of law, fact or mixed law and fact that the Crown and any person have agreed in writing shall be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada.

  • Marginal note:Conflicting claims against Crown

    (4) The Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims.

• (4) The portion of subsection 17(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Relief in favour of Crown or against officer

    (5) The Federal Court has concurrent original jurisdiction

• Marginal note:1990, c. 8, s. 3(4)

  (5) Subsection 17(6) of the Act is replaced by the following:

  • Marginal note:Federal Court has no jurisdiction

    (6) If an Act of Parliament confers jurisdiction in respect of a matter on a court constituted or established by or under a law of a province, the Federal Court has no jurisdiction to entertain any proceeding in respect of the same matter unless the Act expressly confers that jurisdiction on that court.

Marginal note:1990, c. 8, s. 4

• 26. (1) The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Extraordinary remedies, federal tribunals

  • 18. (1) Subject to section 28, the Federal Court has exclusive original jurisdiction

• Marginal note:1990, c. 8, s. 4

  (2) Subsection 18(2) of the Act is replaced by the following:

  • Marginal note:Extraordinary remedies, members of Canadian Forces

    (2) The Federal Court has exclusive original jurisdiction to hear and determine every application for a writ of habeas corpus ad subjiciendum, writ of certiorari, writ of prohibition or writ of mandamus in relation to any member of the Canadian Forces serving outside Canada.

Marginal note:1990, c. 8, s. 5

• 27. (1) Subsection 18.1(2) of the Act is replaced by the following:

  • Marginal note:Time limitation

    (2) An application for judicial review in respect of a decision or an order of a federal board, commission or other tribunal shall be made within 30 days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days.

• Marginal note:1990, c. 8, s. 5

  (2) The portion of subsection 18.1(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Powers of Federal Court

    (3) On an application for judicial review, the Federal Court may

• Marginal note:1990, c. 8, s. 5

  (3) The portion of subsection 18.1(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Grounds of review

    (4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal

• Marginal note:1990, c. 8, s. 5

  (4) Subsection 18.1(5) of the Act is replaced by the following:

  • Marginal note:Defect in form or technical irregularity

    (5) If the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court may

    • (a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and

    • (b) in the case of a defect in form or a technical irregularity in a decision or an order, make an order validating the decision or order, to have effect from any time and on any terms that it considers appropriate.

Marginal note:1990, c. 8, s. 5

28. Sections 18.2 to 19 of the Act are replaced by the following:

• 29. (1) The portion of subsection 20(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Industrial property, exclusive jurisdiction

  • 20. (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,

• Marginal note:1990, c. 37, s. 34(2)

  (2) Subsection 20(2) of the Act is replaced by the following:

  • Marginal note:Industrial property, concurrent jurisdiction

    (2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, copyright, trade-mark, industrial design or topography referred to in paragraph (1)(a).

30. Section 21 of the Act is replaced by the following:

• 31. (1) Subsection 22(1) of the Act is replaced by the following:

  Marginal note:Navigation and shipping

  • 22. (1) The Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping, except to the extent that jurisdiction has been otherwise specially assigned.

• (2) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Maritime jurisdiction

    (2) Without limiting the generality of subsection (1), for greater certainty, the Federal Court has jurisdiction with respect to all of the following:

• (3) Paragraph 22(2)(o) of the English version of the Act is replaced by the following:

  • (o) any claim by a master, officer or member of the crew of a ship for wages, money, property or other remuneration or benefits arising out of his or her employment;

• (4) The portion of subsection 22(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Jurisdiction applicable

    (3) For greater certainty, the jurisdiction conferred on the Federal Court by this section applies

32. The portion of section 23 of the Act before paragraph (a) is replaced by the following:

Marginal note:1990, c. 8, s. 6

33. Sections 24 to 26 of the Act are replaced by the following:

Marginal note:1990, c. 8, s. 7(1)

• 34. (1) Subsection 27(1) of the Act is replaced by the following:

  Marginal note:Appeals from Federal Court

  • 27. (1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court:

    • (a) a final judgment;

    • (b) a judgment on a question of law determined before trial;

    • (c) an interlocutory judgment; or

    • (d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada.

• Marginal note:R.S., c. 51 (4th Supp.), s. 11(1); 1993, c. 27, s. 214

  (2) Subsection 27(1.1) of the English version of the Act is replaced by the following:

  • Marginal note:Appeals from Tax Court of Canada, except from informal procedure

    (1.1) An appeal lies to the Federal Court of Appeal from

    • (a) a final judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies;

    • (b) a judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies, on a question of law determined before trial; or

    • (c) an interlocutory judgment or order of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

• Marginal note:R.S., c. 51 (4th Supp.), s. 11(2); 1990, c. 8, s. 78(1)(E)

  (3) Subsections 27(2) and (3) of the Act are replaced by the following:

  • Marginal note:Appeals from informal procedure in Tax Court of Canada

    (1.2) An appeal lies to the Federal Court of Appeal from a final judgment of the Tax Court of Canada in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

  • Marginal note:Grounds for appeal

    (1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada

    • (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

    • (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

    • (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;

    • (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

    • (e) acted, or failed to act, by reason of fraud or perjured evidence; or

    • (f) acted in any other way that was contrary to law.

  • Marginal note:Hearing in summary way

    (1.4) An appeal under subsection (1.2) shall be heard and determined without delay and in a summary way.

  • Marginal note:Notice of appeal

    (2) An appeal under this section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appeal

    • (a) in the case of an interlocutory judgment, within 10 days after the pronouncement of the judgment or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 10 days; and

    • (b) in any other case, within 30 days, not including any days in July and August, after the pronouncement of the judgment or determination appealed from or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 30 days.

  • Marginal note:Service

    (3) All parties directly affected by an appeal under this section shall be served without delay with a true copy of the notice of appeal, and evidence of the service shall be filed in the Registry of the Federal Court of Appeal.

Marginal note:1990, c. 8, s. 8

• 35. (1) The portion of subsection 28(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Judicial review

  • 28. (1) The Federal Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals:

• (2) Paragraph 28(1)(l) of the Act is repealed.

• Marginal note:1990, c. 8, s. 8

  (3) Subsections 28(2) and (3) of the Act are replaced by the following:

  • Marginal note:Sections apply

    (2) Sections 18 to 18.5, except subsection 18.4(2), apply, with any modifications that the circumstances require, in respect of any matter within the jurisdiction of the Federal Court of Appeal under subsection (1) and, when they apply, a reference to the Federal Court shall be read as a reference to the Federal Court of Appeal.

  • Marginal note:Federal Court deprived of jurisdiction

    (3) If the Federal Court of Appeal has jurisdiction to hear and determine a matter, the Federal Court has no jurisdiction to entertain any proceeding in respect of that matter.

Marginal note:1990, c. 8, s. 9

• 36. (1) Subsection 36(1) of the Act is replaced by the following:

  Marginal note:Prejudgment interest — cause of action within province

  • 36. (1) Except as otherwise provided in any other Act of Parliament, and subject to subsection (2), the laws relating to prejudgment interest in proceedings between subject and subject that are in force in a province apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

• Marginal note:1990, c. 8, s. 9

  (2) The portion of subsection 36(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Prejudgment interest — cause of action outside province

    (2) A person who is entitled to an order for the payment of money in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province is entitled to claim and have included in the order an award of interest on the payment at any rate that the Federal Court of Appeal or the Federal Court considers reasonable in the circumstances, calculated

• Marginal note:1990, c. 8, s. 9

  (3) Paragraph 36(4)(d) of the Act is replaced by the following:

  • (d) on that part of the order that represents pecuniary loss arising after the date of the order and that is identified by a finding of the Federal Court of Appeal or the Federal Court;

• Marginal note:1990, c. 8, s. 9

  (4) Subsection 36(5) of the Act is replaced by the following:

  • Marginal note:Judicial discretion

    (5) The Federal Court of Appeal or the Federal Court may, if it considers it just to do so, having regard to changes in market interest rates, the conduct of the proceedings or any other relevant consideration, disallow interest or allow interest for a period other than that provided for in subsection (2) in respect of the whole or any part of the amount on which interest is payable under this section.

Marginal note:1990, c. 8, s. 9

37. Section 37 of the Act is replaced by the following:

• 38. (1) Subsection 39(1) of the Act is replaced by the following:

  Marginal note:Prescription and limitation on proceedings

  • 39. (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

• (2) Subsection 39(2) of the English version of the Act is replaced by the following:

  • Marginal note:Prescription and limitation on proceedings in the Court, not in province

    (2) A proceeding in the Federal Court of Appeal or the Federal Court in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose.

Marginal note:1990, c. 8, s. 11

39. Section 40 of the Act is replaced by the following:

• 40. (1) Subsections 43(1) to (3) of the Act are replaced by the following:

  Marginal note:Jurisdiction in personam

  • 43. (1) Subject to subsection (4), the jurisdiction conferred on the Federal Court by section 22 may in all cases be exercised in personam.

  • Marginal note:Jurisdiction in rem

    (2) Subject to subsection (3), the jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against the ship, aircraft or other property that is the subject of the action, or against any proceeds from its sale that have been paid into court.

  • Marginal note:Exception

    (3) Despite subsection (2), the jurisdiction conferred on the Federal Court by section 22 shall not be exercised in rem with respect to a claim mentioned in paragraph 22(2)(e), (f), (g), (h), (i), (k), (m), (n), (p) or (r) unless, at the time of the commencement of the action, the ship, aircraft or other property that is the subject of the action is beneficially owned by the person who was the beneficial owner at the time when the cause of action arose.

• (2) Paragraph 43(4)(c) of the Act is replaced by the following:

  • (c) the parties have agreed that the Federal Court is to have jurisdiction.

• (3) Subsection 43(5) of the Act is replaced by the following:

  • Marginal note:Exception

    (5) Subsection (4) does not apply to a counter-claim or an action for a collision, in respect of which another action has already been commenced in the Federal Court.

• Marginal note:1990, c. 8, s. 12

  (4) Subsections 43(8) and (9) of the Act are replaced by the following:

  • Marginal note:Arrest

    (8) The jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is beneficially owned by the person who is the owner of the ship that is the subject of the action.

  • Marginal note:Reciprocal security

    (9) In an action for a collision in which a ship, an aircraft or other property of a defendant has been arrested, or security has been given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, an aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Federal Court may stay the proceedings in the principal action until security has been given to answer judgment in the cross-action or counter-claim.

41. Section 44 of the Act is replaced by the following:

42. Section 45 of the Act is replaced by the following:

Marginal note:1990, c. 8, s. 13

• 43. (1) Paragraphs 45.1(1)(a) to (c) of the Act are replaced by the following:

  • (a) the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court;

  • (b) three judges designated by the Chief Justice of the Federal Court of Appeal and five judges designated by the Chief Justice of the Federal Court;

  • (b.1) the Chief Administrator of the Courts Administration Service;

  • (c) five members of the bar of any province designated by the Attorney General of Canada, after consultation with the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court; and

• Marginal note:1990, c. 8, s. 13

  (2) Subsections 45.1(2) and (3) of the Act are replaced by the following:

  • Marginal note:Representation

    (2) The persons referred to in paragraph (1)(c) should be representative of the different regions of Canada and have experience in fields of law in respect of which the Federal Court of Appeal and the Federal Court have jurisdiction.

  • Marginal note:Chief Justice shall preside

    (3) The Chief Justice of the Federal Court of Appeal or a member designated by the Chief Justice shall preside over the rules committee.

• 44. (1) The portion of paragraph 46(1)(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) for regulating the practice and procedure in the Federal Court of Appeal and in the Federal Court, including, without restricting the generality of the foregoing,

• (2) Subparagraph 46(1)(a)(v) of the Act is replaced by the following:

  • (v) rules governing the taking of evidence before a judge or any other qualified person, in or outside Canada, before or during trial and on commission or otherwise, of any person at a time either before or after the commencement of proceedings in the Federal Court of Appeal or the Federal Court to enforce the claim or possible claim in respect of which the evidence is required,

• Marginal note:1990, c. 8, s. 14(2)

  (3) Subparagraph 46(1)(a)(x) of the Act is replaced by the following:

  • (x) rules governing the material to be furnished to the Federal Court of Appeal or the Federal Court by the Tax Court of Canada or any federal board, commission or other tribunal, for the purposes of any appeal, application or reference;

• (4) Paragraphs 46(1)(c) and (d) of the Act are replaced by the following:

  • (c) for the effectual execution and working of any Act by or under which jurisdiction is conferred on the Federal Court of Appeal or the Federal Court or on any judge of either court in respect of proceedings in that court and the attainment of the intention and objects of that Act;

  • (d) for fixing the fees to be paid by a party to the Registry of the Federal Court of Appeal and of the Federal Court for payment into the Consolidated Revenue Fund in respect of proceedings in those courts;

• (5) Paragraph 46(1)(e) of the English version of the Act is replaced by the following:

  • (e) for regulating the duties of officers of the Federal Court of Appeal or the Federal Court;

• (6) Paragraph 46(1)(g) of the English version of the Act is replaced by the following:

  • (g) for awarding and regulating costs in the Federal Court of Appeal or the Federal Court in favour of or against the Crown, as well as the subject;

• (7) Paragraphs 46(1)(h) and (i) of the Act are replaced by the following:

  • (h) empowering a prothonotary to exercise any authority or jurisdiction, subject to supervision by the Federal Court, even though the authority or jurisdiction may be of a judicial nature;

  • (i) permitting a judge or prothonotary to vary a rule or to dispense with compliance with a rule in special circumstances;

  • (j) despite subsection 28(3), providing for the enforcement of orders of the Federal Court of Appeal in the Federal Court;

  • (k) designating an act or omission of a person to be in contempt of court, respecting the procedure to be followed in proceedings for contempt and establishing penalties for a finding of contempt; and

  • (l) dealing with any other matter that any provision of this Act contemplates being the subject of a rule or the Rules.

45. Sections 48 and 49 of the Act are replaced by the following:

• 46. (1) The portion of subsection 50(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Stay of proceedings authorized

  • 50. (1) The Federal Court of Appeal or the Federal Court may, in its discretion, stay proceedings in any cause or matter

• (2) Subsections 50(2) and (3) of the Act are replaced by the following:

  • Marginal note:Stay of proceedings required

    (2) The Federal Court of Appeal or the Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown if it appears that the claimant has an action or a proceeding in respect of the same claim pending in another court against a person who, at the time when the cause of action alleged in the action or proceeding arose, was, in respect of that matter, acting so as to engage the liability of the Crown.

  • Marginal note:Lifting of stay

    (3) A court that orders a stay under this section may subsequently, in its discretion, lift the stay.

Marginal note:1990, c. 8, s. 16

• 47. (1) Subsection 50.1(1) of the Act is replaced by the following:

  Marginal note:Stay of proceedings

  • 50.1 (1) The Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown where the Crown desires to institute a counter-claim or third-party proceedings in respect of which the Federal Court lacks jurisdiction.

• Marginal note:1990, c. 8, s. 16

  (2) Subsection 50.1(2) of the English version of the Act is replaced by the following:

  • Marginal note:Recommence in provincial court

    (2) If the Federal Court stays proceedings under subsection (1), the party who instituted them may recommence the proceedings in a court constituted or established by or under a law of a province and otherwise having jurisdiction with respect to the subject-matter of the proceedings.

• Marginal note:1990, c. 8, s. 16

  (3) Subsection 50.1(3) of the Act is replaced by the following:

  • Marginal note:Prescription and limitation of actions

    (3) If proceedings are recommenced under subsection (2) within 100 days after the proceedings are stayed in the Federal Court, the claim against the Crown in the recommenced proceedings is deemed, for the purposes of any laws relating to prescription and the limitation of actions, to have been instituted on the day the proceedings in the Federal Court were instituted.

48. Section 51 of the Act is replaced by the following:

49. The heading before section 52 of the Act is replaced by the following:

50. The portion of section 52 of the Act before subparagraph (c)(i) is replaced by the following:

51. Sections 53 and 54 of the Act are replaced by the following:

Marginal note:1996, c. 31, s. 83

• 52. (1) Subsection 55(1) of the Act is replaced by the following:

  Marginal note:Application of process

  • 55. (1) The process of the Federal Court of Appeal and of the Federal Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable.

• (2) Subsections 55(4) and (5) of the Act are replaced by the following:

  • Marginal note:Sheriff to execute process

    (4) A sheriff or marshal shall execute the process of the Federal Court of Appeal or the Federal Court that is directed to the sheriff or marshal, whether or not it requires the sheriff or marshal to act outside their geographical jurisdiction, and shall perform all other duties expressly or impliedly assigned to the sheriff or marshal by the Rules.

  • Marginal note:Federal Court process if absence or incapacity of sheriff

    (5) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

  • Marginal note:Federal Court of Appeal process if absence or incapacity of sheriff

    (6) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court of Appeal shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

• 53. (1) Subsections 56(1) and (2) of the Act are replaced by the following:

  Marginal note:Analogy to provincial process

  • 56. (1) In addition to any writs of execution or other process that are prescribed by the Rules for enforcement of its judgments or orders, the Federal Court of Appeal or the Federal Court may issue process against the person or the property of any party, of the same tenor and effect as those that may be issued out of any of the superior courts of the province in which a judgment or an order is to be executed, and if, by the law of that province, an order of a judge is required for the issue of a process, a judge of that court may make a similar order with respect to like process to issue out of that court.

  • Marginal note:Process against person

    (2) No person shall be taken into custody under process of execution for debt issued out of the Federal Court of Appeal or the Federal Court.

• (2) Subsection 56(3) of the English version of the Act is replaced by the following:

  • Marginal note:Process against property

    (3) All writs of execution or other process against property, whether prescribed by the Rules or authorized by subsection (1), shall

    • (a) unless otherwise provided by the Rules, be executed, with respect to the property liable to execution and the mode of seizure and sale, as nearly as possible in the same manner as similar writs or process that are issued out of the superior courts of the province in which the property to be seized is situated are, by the law of that province, required to be executed; and

    • (b) bind property in the same manner as similar writs or process issued by the provincial superior courts, and the rights of purchasers under the writs or process are the same as those of purchasers under those similar writs or process.

• (3) Subsection 56(4) of the Act is replaced by the following:

  • Marginal note:Claim against property seized

    (4) Every claim made by a person to property seized under a writ of execution or other process issued out of the Federal Court of Appeal or the Federal Court, or to the proceeds of its sale, shall, unless otherwise provided by the Rules, be heard and disposed of as nearly as may be according to the procedure applicable to like claims to property seized under similar writs or process issued out of the courts of the provinces.

Marginal note:1990, c. 8, s. 19

• 54. (1) Subsections 57(1) and (2) of the Act are replaced by the following:

  Marginal note:Constitutional questions

  • 57. (1) If the constitutional validity, applicability or operability of an Act of Parliament or of the legislature of a province, or of regulations made under such an Act, is in question before the Federal Court of Appeal or the Federal Court or a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, the Act or regulation shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2).

  • Marginal note:Time of notice

    (2) The notice must be served at least 10 days before the day on which the constitutional question is to be argued, unless the Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, orders otherwise.

• Marginal note:1990, c. 8, s. 19

  (2) Subsection 57(3) of the English version of the Act is replaced by the following:

  • Marginal note:Notice of appeal or application for judicial review

    (3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal or application for judicial review made in respect of the constitutional question.

• Marginal note:1990, c. 8, s. 19

  (3) Subsection 57(4) of the Act is replaced by the following:

  • Marginal note:Right to be heard

    (4) The Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, in respect of the constitutional question.

• Marginal note:1990, c. 8, s. 19

  (4) Subsection 57(5) of the English version of the Act is replaced by the following:

  • Marginal note:Appeal

    (5) If the Attorney General of Canada or the attorney general of a province makes submissions, that attorney general is deemed to be a party to the proceedings for the purpose of any appeal in respect of the constitutional question.

Marginal note:1990, c. 8, s. 19

55. Section 57.1 of the Act is replaced by the following:

56. Subsections 58(1) and (2) of the Act are replaced by the following:

57. Section 59 of the Act is replaced by the following:

58. The schedule to the Act is replaced by the schedule set out in the schedule to this Act.

R.S., c. T-2AMENDMENTS TO THE TAX COURT OF CANADA ACT

• 59. (1) The definitions “Associate Chief Judge” and “Chief Judge” in section 2 of the English version of the Tax Court of Canada Act are repealed.

• (2) The definition “judge” in section 2 of the English version of the Act is replaced by the following:

  “judge”

  « juge »

  “judge” means a judge of the Court and, unless the context otherwise requires, includes the Chief Justice and Associate Chief Justice;

• (3) Section 2 of the Act is amended by adding the following in alphabetical order:

  “Registry”

  « greffe »

  “Registry” means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act.

• (4) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

  “Associate Chief Justice”

  « juge en chef adjoint »

  “Associate Chief Justice” means the Associate Chief Justice of the Court;

  “Chief Justice”

  « juge en chef »

  “Chief Justice” means the Chief Justice of the Court;

60. Section 3 of the Act is replaced by the following:

• 61. (1) Paragraphs 4(1)(a) and (b) of the English version of the Act are replaced by the following:

  • (a) a chief justice called the Chief Justice of the Tax Court of Canada;

  • (b) an associate chief justice called the Associate Chief Justice of the Tax Court of Canada; and

• Marginal note:1996, c. 22, s. 3

  (2) Paragraph 4(3)(a) of the Act is replaced by the following:

  • (a) is or has been a judge of a superior court in Canada;

• (3) Subsection 4(4) of the Act is replaced by the following:

  • Marginal note:Chief Justice or Associate Chief Justice to be from Quebec

    (4) Either the Chief Justice or the Associate Chief Justice shall be a person who is or was a member of the bar of the Province of Quebec.

• 62. (1) Subsections 5(1) and (2) of the English version of the Act are replaced by the following:

  Marginal note:Chief Justice and Associate Chief Justice to have rank and precedence over all judges

  • 5. (1) The Chief Justice, and after the Chief Justice the Associate Chief Justice, has rank and precedence over all the other judges.

  • Marginal note:Rank and precedence among other judges

    (2) The other judges have rank and precedence after the Chief Justice and the Associate Chief Justice and among themselves according to seniority determined by reference to the respective times when they became judges of the Court or members of the Tax Review Board.

• Marginal note:R.S., c. 51 (4th Supp.), s. 3

  (2) Subsection 5(3) of the Act is replaced by the following:

  • Marginal note:Incapacity of Chief Justice, etc.

    (3) If the office of Chief Justice is vacant, or the Chief Justice is for any reason unable to act, the powers of the Chief Justice shall be exercised and the duties of the Chief Justice shall be performed

    • (a) by the Associate Chief Justice;

    • (b) in the event of the incapacity of the Associate Chief Justice or if the office of Associate Chief Justice is vacant, by a judge designated by the Chief Justice for that purpose; or

    • (c) in the event of the incapacity of the judge referred to in paragraph (b), or if the Chief Justice has not designated a judge under that paragraph, by the senior judge who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.

63. Subsection 6(2) of the Act is repealed.

• 64. (1) Subsection 8(1) of the English version of the Act is replaced by the following:

  Marginal note:Oath of office

  • 8. (1) Every judge shall, before entering on the duties of their office, take an oath that they will duly and faithfully, and to the best of their skill and knowledge, execute the powers and trusts reposed in them as a judge of the Court.

• (2) Subsection 8(2) of the Act is replaced by the following:

  • Marginal note:How administered

    (2) The oath referred to in subsection (1) shall be administered to the Chief Justice before the Governor General, and to the other judges by the Chief Justice or, in the absence or incapacity of the Chief Justice, by any other judge.

Marginal note:1998, c. 19, s. 289

• 65. (1) Subsection 9(1) of the Act is replaced by the following:

  Marginal note:Deputy judges of the Court

  • 9. (1) Subject to subsection (3), any judge or former judge of a superior court in Canada or any judge or former judge of any other court who was appointed under an Act of the legislature of a province may, at the request of the Chief Justice made with the approval of the Governor in Council, act as a judge of the Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court.

• (2) Subsection 9(4) of the English version of the Act is replaced by the following:

  • Marginal note:Salary

    (4) A person who acts as a judge for a period under subsection (1) shall be paid a salary for the period at the rate fixed by the Judges Act for a judge of the Court, other than the Chief Justice or the Associate Chief Justice, less any amount otherwise payable to the person under that Act in respect of the period, and shall also be paid the travel allowances that a judge is entitled to be paid under that Act.

66. Section 11 of the English version of the Act is replaced by the following:

67. Section 13 of the Act is replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 5

68. Subsection 14(2) of the English version of the Act is replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 5

69. Section 14.1 of the Act is replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 5

70. Section 16 of the English version of the Act is replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 5

71. Section 17.4 of the Act is replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 5

72. Sections 17.6 and 17.7 of the Act are replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 5

73. Subsection 18.19(1) of the Act is replaced by the following:

Marginal note:1993, c. 27, s. 220(2)

74. Subsection 18.22(3) of the Act is replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 5

75. Sections 18.24 and 18.25 of the Act are replaced by the following:

Marginal note:1990, c. 45, s. 61

76. The portion of section 18.3008 of the Act before paragraph (a) is replaced by the following:

77. The Act is amended by adding the following after section 19:

78. Subsection 20(1.1) of the Act is amended by striking out the word “and” at the end of paragraph (i) and by adding the following after paragraph (j):

Marginal note:R.S., c. 51 (4th Supp.), s. 7

• 79. (1) Paragraphs 22(1)(a) and (b) of the English version of the Act are replaced by the following:

  • (a) the Chief Justice;

  • (b) the Associate Chief Justice;

• Marginal note:R.S., c. 51 (4th Supp.), s. 7

  (2) Paragraph 22(1)(c) of the Act is replaced by the following:

  • (c) three judges of the Court that are designated from time to time by the Chief Justice;

  • (c.1) the Chief Administrator of the Courts Administration Service;

• Marginal note:R.S., c. 51 (4th Supp.), s. 7

  (3) Subsection 22(2) of the English version of the Act is replaced by the following:

  • Marginal note:President

    (2) The Chief Justice or, in the Chief Justice’s absence, the Associate Chief Justice shall preside over the rules committee.

80. Section 23 of the Act is replaced by the following:

81. The English version of the Act is amended by replacing the word “he” with the expression “he or she” in the following provisions:

• (a) subsection 9(2); and

• (b) subsection 19(2).

R.S., c. J-1AMENDMENTS TO THE JUDGES ACT

Marginal note:1992, c. 51, s. 2(2)

82. The definition “judge” in section 2 of the English version of the Judges Act is replaced by the following:

Marginal note:2001, c. 7, s. 2

• 83. (1) The portion of paragraph 10(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) The Chief Justice of the Federal Court of Appeal

• Marginal note:2001, c. 7, s. 2

  (2) Paragraph 10(c) of the Act is replaced by the following:

  • (c) The Chief Justice of the Federal Court

    • (i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

    • (ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

    • (iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

    • (iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

• Marginal note:2001, c. 7, s. 2

  (3) The portion of paragraph 10(d) of the Act before subparagraph (i) is replaced by the following:

  • (d) The other judges of the Federal Court, each

Marginal note:2001, c. 7, s. 3

84. Paragraphs 11(a) and (b) of the English version of the Act are replaced by the following:

Marginal note:2001, c. 7, s. 18

85. Subsection 26.3(3) of the Act is replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 14; 1996, c. 30, s. 2(1)

• 86. (1) Subsections 27(3) to (4) of the Act are replaced by the following:

  • Marginal note:Additional allowance — Federal Courts and Tax Court of Canada

    (3) There shall be paid to every judge of the Federal Court of Appeal, the Federal Court and the Tax Court of Canada who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $2,000 as compensation for special incidental expenditures inherent in the exercise of their office as judge.

  • Marginal note:Continuance in force of subsection (3)

    (4) Subsection (3) shall continue in force for so long as subsection 57(2) continues in force in relation to judges of superior courts in the provinces.

• Marginal note:1999, c. 3, s. 73(2); 2000, c. 12, s. 168

  (2) Subsection 27(6) of the English version of the Act is replaced by the following:

  • Marginal note:Representational allowance

    (6) A chief justice, a puisne judge of the Supreme Court of Canada, the Chief Justice of the Court of Appeal of the Yukon Territory, the Chief Justice of the Court of Appeal of the Northwest Territories, the Chief Justice of the Court of Appeal of Nunavut, the senior judge of the Supreme Court of the Yukon Territory, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or their spouse or common-law partner in discharging the special extra-judicial obligations and responsibilities that devolve on the justice or judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated in respect of each office in subsection (7).

• Marginal note:2001, c. 7, s. 19(2)

  (3) Paragraphs 27(7)(c) and (d) of the Act are replaced by the following:

  • (c) The Chief Justice of the Federal Court of Appeal, and each chief justice described in sections 12 to 21 as the chief justice of a province$12,500

  • (d) Each other chief justice referred to in sections 10 to 21 $10,000

• Marginal note:2001, c. 7, s. 19(2)

  (4) Paragraph 27(7)(f) of the Act is repealed.

• (5) The definition “chief judge” in subsection 27(9) of the English version of the Act is repealed.

• 87. (1) Subsection 28(1) of the Act is replaced by the following:

  Marginal note:Supernumerary judges of the Federal Court of Appeal, Federal Court and Tax Court of Canada

  • 28. (1) If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of Justice of Canada of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall, after giving that notice, hold only the office of supernumerary judge of that Court and shall be paid the salary annexed to that office until the judge reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

• (2) Subsection 28(3) of the Act is replaced by the following:

  • Marginal note:Duties of judge

    (3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge

    • (a) by the Chief Justice of the Federal Court of Appeal, if the judge is a member of the Federal Court of Appeal;

    • (b) by the Chief Justice of the Federal Court, if the judge is a member of the Federal Court; or

    • (c) by the Chief Justice or the Associate Chief Justice of the Tax Court of Canada, if the judge is a judge of that Court.

• (3) Subsection 28(4) of the English version of the Act is replaced by the following:

  • Marginal note:Salary of supernumerary judge

    (4) The salary of each supernumerary judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada is the salary annexed to the office of a judge of that Court, other than the office of a Chief Justice or Associate Chief Justice.

• 88. (1) Subsection 29(1) of the English version of the Act is replaced by the following:

  Marginal note:Supernumerary judges of provincial superior courts

  • 29. (1) Where the legislature of a province has enacted legislation establishing for each office of judge of a superior court or courts of the province the additional office of supernumerary judge of the court or courts and a judge of such a court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall thereupon hold only the office of supernumerary judge of that court and shall be paid the salary annexed to that office until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

• (2) The portion of subsection 29(3) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Duties of judge

    (3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge

89. The heading before section 31 of the English version of the Act is replaced by the following:

• 90. (1) Subsections 31(1) and (2) of the Act are replaced by the following:

  Marginal note:Election of Chief or Associate Chief to change to duties of judge only

  • 31. (1) If the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada notifies the Minister of Justice of Canada of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall, after giving that notice, hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of that Court, until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

  • Marginal note:Restriction on election

    (2) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years.

• (2) Subsections 31(3) and (4) of the English version of the Act are replaced by the following:

  • Marginal note:Duties of judge

    (3) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of that Court.

  • Marginal note:Salary of judge

    (4) The salary of the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of judge (other than the Chief Justice) of the Federal Court of Appeal, judge (other than the Chief Justice) of the Federal Court or judge (other than the Chief Justice or the Associate Chief Justice) of the Tax Court of Canada, as the case may be.

91. Subsection 32(1) of the English version of the Act is replaced by the following:

Marginal note:1992, c. 51, s. 12

92. Subsection 34(1) of the Act is replaced by the following:

Marginal note:1992, c. 51, s. 16

• 93. (1) Paragraph 40(1)(a) of the Act is replaced by the following:

  • (a) a person who is appointed a judge of a superior court and who, for the purposes of assuming the functions and duties of that office, is required to move from his or her place of residence to a place outside the immediate vicinity of the place where the person resided at the time of the appointment;

• Marginal note:1989, c. 8, s. 11(1); 2000, c. 12, s. 160(2)

  (2) Paragraphs 40(1)(e) and (f) of the Act are replaced by the following:

  • (e) a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who, within two years after retiring or resigning from that office, moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court; and

  • (f) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court.

• Marginal note:1989, c. 8, s. 11(2)

  (3) Subsection 40(1.2) of the Act is replaced by the following:

  • Marginal note:Limitation

    (1.2) Paragraphs (1)(e) and (f) apply only in respect of a judge who, at the time of appointment to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, resided outside the area within which the judge was required to reside by the Act establishing that Court.

Marginal note:1992, c. 51, s. 17(1)

• 94. (1) Subsection 41(1) of the Act is replaced by the following:

  Marginal note:Meeting, conference and seminar expenses

  • 41. (1) A judge of a superior court who attends a meeting, conference or seminar that is held for a purpose relating to the administration of justice and that the judge in the capacity of a judge is required by law to attend, or who, with the approval of the chief justice of that court, attends any such meeting, conference or seminar that the judge in that capacity is expressly authorized by law to attend, is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending.

• Marginal note:1992, c. 51, s. 17(2)

  (2) The portion of subsection 41(2) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Expenses for other meetings, conferences or seminars

    (2) Subject to subsection (3), a judge of a superior court who, with the approval of the chief justice of that court,

    • (a) attends a meeting, conference or seminar that the judge in the capacity of a judge is not expressly authorized by law or is not required by law to attend but that is certified by the chief justice to be a meeting, conference or seminar having as its object or as one of its objects the promotion of efficiency or uniformity in the superior courts, or the improvement of the quality of judicial service in those courts, or

• Marginal note:1992, c. 51, s. 17(3)

  (3) Paragraph 41(3)(b) of the Act is replaced by the following:

  • (b) to the judges of any other particular superior court exceeds the greater of $5,000 and the product obtained by multiplying the number of judges of that court by $500,

• (4) The definition “chief justice” or “chief judge” in subsection 41(4) of the English version of the Act is replaced by the following:

  “chief justice”

  « juge en chef »

  “chief justice” of any court of which a particular judge is a member means the chief justice or other person recognized by law as having rank or status senior to all other members of, or having the supervision of, that court, but if that court is constituted with divisions, then it means the person having that rank or status in relation to all other members of the division of which the particular judge is a member;

Marginal note:1998, c. 30, s. 7

• 95. (1) Subsection 42(1) of the English version of the Act is replaced by the following:

  Marginal note:Grant of annuities

  • 42. (1) The Governor in Council shall grant to

    • (a) a judge who has continued in judicial office for at least fifteen years, whose combined age and number of years in judicial office is not less than eighty and who resigns from office,

    • (b) a judge who has continued in judicial office for at least fifteen years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest,

    • (c) a judge who has become afflicted with a permanent infirmity disabling him or her from the due execution of the office of judge and resigns his or her office or by reason of that infirmity is removed from office,

    • (d) a judge who has attained the age of retirement and has held judicial office for at least ten years, or

    • (e) a judge of the Supreme Court of Canada who has continued in judicial office on that Court for at least ten years, has attained the age of sixty-five years and resigns from office,

    an annuity equal to two-thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be.

• (2) Subsection 42(4) of the Act is replaced by the following:

  • Definition of “judicial office”

    (4) In this section, “judicial office” means the office of a judge of a superior or county court.

• (3) Subsection 42(4) of the Act, as enacted by section 18 of the Nova Scotia Courts Amendment Act, 1992, chapter 51 of the Statutes of Canada, 1992, is replaced by the following:

  • Definition of “judicial office”

    (4) In this section, “judicial office” means the office of a judge of a superior court.

• 96. (1) Subsection 43(1) of the English version of the Act is replaced by the following:

  Marginal note:Annuity payable to supernumerary judge

  • 43. (1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office previously held by him or her of chief justice, senior associate chief justice or associate chief justice.

• (2) Subsection 43(2) of the Act is replaced by the following:

  • Marginal note:Annuity payable to judge who elected under section 31 or 32

    (2) If the Chief Justice of the Federal Court of Appeal or of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office held by him or her immediately before his or her election.

Marginal note:1992, c. 51, s. 20; 2000, c. 12, par. 169(a)

• 97. (1) The portion of subsection 44(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Annuity to surviving spouse

  • 44. (1) Subject to this section, if, after July 10, 1955, a judge of a superior court died or dies while holding office, the Governor in Council shall grant to the survivor of the judge an annuity equal to one third of

• (2) Paragraph 44(1)(b) of the English version of the Act is replaced by the following:

  • (b) the salary annexed, at the date of death, to the office previously held by the judge of chief justice, senior associate chief justice or associate chief justice, if either subsection 43(1) or (2) would have applied to the judge if he or she had resigned, been removed or attained the age of retirement, on the day of death,

• 98. (1) Subsection 47(3) of the Act is replaced by the following:

  • Marginal note:Annuity to surviving children

    (3) If a judge of a superior or county court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).

• (2) Subsection 47(3) of the Act, as enacted by section 22 of the Nova Scotia Courts Amendment Act, 1992, chapter 51 of the Statutes of Canada, 1992, is replaced by the following:

  • Marginal note:Annuity to surviving children

    (3) If a judge of a superior court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).

Marginal note:2001, c. 7, s. 25

99. Subsection 50(2.1) of the Act is replaced by the following:

100. Subsection 51(1) of the English version of the Act is replaced by the following:

Marginal note:1996, c. 30, s. 4(1)

• 101. (1) The portion of subsection 54(1) of the Act before paragraph (b) is replaced by the following:

  Marginal note:Leave of absence

  • 54. (1) No judge of a superior court shall be granted leave of absence from his or her judicial duties for a period

    • (a) of six months or less, except with the approval of the chief justice or senior judge of the superior court; or

• Marginal note:1992, c. 51, s. 24; 1996, c. 30, s. 4(1)

  (2) Subsections 54(1.1) to (3) of the Act are replaced by the following:

  • Marginal note:Notification of leave by chief justice, etc.

    (1.1) Whenever a leave of absence is granted under paragraph (1)(a), the chief justice or senior judge of the superior court shall, without delay, notify the Minister of Justice of Canada and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

  • Marginal note:Notification of leave by Minister of Justice of Canada

    (1.2) Whenever a leave of absence is granted under paragraph (1)(b), the Minister of Justice of Canada shall, without delay, notify the chief justice or senior judge of the superior court and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

  • Marginal note:Report by chief justice, etc., of absence

    (2) If it appears to the chief justice or senior judge of a superior court that a judge of the court is absent from the judge’s judicial duties without the approval required by subsection (1), the chief justice or senior judge, as the case may be, shall report the absence to the Minister of Justice of Canada.

  • Marginal note:Absentee judge to report

    (3) Whenever a judge of a superior court is absent from the judge’s judicial duties for a period of more than 30 days, the judge shall report the absence and the reasons for it to the Minister of Justice of Canada.

102. Section 55 of the English version of the Act is replaced by the following:

103. Subsection 57(3) of the English version of the Act is replaced by the following:

• 104. (1) Paragraph 59(1)(e) of the Act is repealed.

• (2) Subsection 59(4) of the English version of the Act is replaced by the following:

  • Marginal note:Substitute member

    (4) Each member of the Council may appoint a judge of that member’s court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he or she is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council.

Marginal note:1992, c. 51, s. 26

• 105. (1) Subsection 60(1) of the Act is replaced by the following:

  Marginal note:Objects of Council

  • 60. (1) The objects of the Council are to promote efficiency and uniformity, and to improve the quality of judicial service, in superior courts.

• (2) Paragraph 60(2)(a) of the English version of the Act is replaced by the following:

  • (a) establish conferences of chief justices and associate chief justices;

Marginal note:1992, c. 51, s. 27

• 106. (1) Subsections 63(1) and (2) of the Act are replaced by the following:

  Marginal note:Inquiries

  • 63. (1) The Council shall, at the request of the Minister or the attorney general of a province, commence an inquiry as to whether a judge of a superior court should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d).

  • Marginal note:Investigations

    (2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court.

• (2) Paragraph 63(4)(a) of the English version of the Act is replaced by the following:

  • (a) power to summon before it any person or witness and to require him or her to give evidence on oath, orally or in writing or on solemn affirmation if the person or witness is entitled to affirm in civil matters, and to produce such documents and evidence as it deems requisite to the full investigation of the matter into which it is inquiring; and

Marginal note:1992, c. 51, s. 28

107. Paragraph 69(1)(a) of the Act is replaced by the following:

108. Paragraphs 74(1)(b) and (c) of the Act are replaced by the following:

109. Section 76 of the Act and the heading before it are repealed.

110. Sections 77 and 78 of the Act are replaced by the following:

111. The English version of the Act is amended by replacing the word “his” with the expression “his or her” in the following provisions:

• (a) subsection 42(3);

• (b) subsection 51(2);

• (c) subsection 53(5);

• (d) section 64; and

• (e) paragraph 65(2)(d).

RELATED AND CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

112. Subsection 52(1) of the Access to Information Act is replaced by the following:

113. Subsection 55(2) of the Act is replaced by the following:

1997, c. 33Anti-Personnel Mines Convention Implementation Act

114. Subsection 11(2) of the Anti-Personnel Mines Convention Implementation Act is replaced by the following:

R.S.C. 1970, c. A-16Army Benevolent Fund Act

Marginal note:R.S.C. 1970, c. 10 (2nd Supp.), s. 64(2)

115. Subsection 3(5) of the Army Benevolent Fund Act is replaced by the following:

2000, c. 9Canada Elections Act

116. Subsection 15(2) of the Canada Elections Act is replaced by the following:

117. Paragraph 525(1)(b) of the Act is replaced by the following:

R.S., c. C-5Canada Evidence Act

Marginal note:1997, c. 18, s. 117

118. Subsection 23(1) of the Canada Evidence Act is replaced by the following:

119. Paragraph 37(5)(a) of the Act is replaced by the following:

R.S., c. L-2Canada Labour Code

Marginal note:R.S., c. 9 (1st Supp.), s. 4

120. Section 152 of the Canada Labour Code is replaced by the following:

R.S., c. C-8Canada Pension Plan

Marginal note:R.S., c. 30 (2nd Supp.), s. 45(1)

• 121. (1) Paragraphs 83(5)(a) and (b) of the Canada Pension Plan are replaced by the following:

  • (a) a Chairman and a Vice-Chairman, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province; and

  • (b) not less than one and not more than ten other persons, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province.

• Marginal note:1995, c. 33, s. 36(2)

  (2) Subsection 83(5.1) of the Act is replaced by the following:

  • Marginal note:Temporary members of the Board

    (5.1) Subject to subsections (5.2) and (5.3), in addition to the members of the Pension Appeals Board for whom provision is made by subsection (5), any judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court or of a superior or district court of a province may, on the request of the Chairman of the Board made with the approval of the Governor in Council, act as a temporary member of the Board.

• Marginal note:1995, c. 33, s. 36(2)

  (3) Paragraph 83(5.2)(a) of the Act is replaced by the following:

  • (a) to a judge of the Federal Court of Appeal or the Federal Court, without the consent of the Chief Justice of the Court or of the Attorney General of Canada; or

1996, c. 10Canada Transportation Act

122. Subsection 33(1) of the Canada Transportation Act is replaced by the following:

R.S., c. C-20Canadian Ownership and Control Determination Act

Marginal note:1990, c. 8, s. 48

123. Section 27 of the Canadian Ownership and Control Determination Act is replaced by the following:

1999, c. 35Civil International Space Station Agreement Implementation Act

124. Subsection 7(2) of the Civil International Space Station Agreement Implementation Act is replaced by the following:

R.S., c. 17 (2nd Supp.)Commercial Arbitration Act

125. Section 6 of the Commercial Arbitration Act is replaced by the following:

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act

Marginal note:R.S., c. 19 (2nd Supp.), s. 24; 1999, c. 2, par. 37(d)

126. The portion of subsection 11(1) of the Competition Act before paragraph (a) is replaced by the following:

Marginal note:R.S., c. 19 (2nd Supp.), s. 24

127. Subsection 14(3) of the Act is replaced by the following:

Marginal note:R.S., c. 19 (2nd Supp.), s. 24; 1999, c. 2, par. 37(g)

128. The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:R.S., c. 19 (2nd Supp.), s. 24

129. Paragraph 17(1)(a) of the Act is replaced by the following:

R.S., c. 19 (2nd Supp.), Part ICompetition Tribunal Act

130. Subsection 13(1) of the Competition Tribunal Act is replaced by the following:

R.S., c. C-42Copyright Act

Marginal note:R.S., c. 10 (4th Supp.), s. 12

131. Subsection 66.7(2) of the French version of the Copyright Act is replaced by the following:

1992, c. 20Corrections and Conditional Release Act

Marginal note:1995, c. 42, s. 59

132. Subsection 155.1(2) of the Corrections and Conditional Release Act is replaced by the following:

1984, c. 18Cree-Naskapi (of Quebec) Act

133. Subsection 55(2) of the English version of the Cree-Naskapi (of Quebec) Act is replaced by the following:

R.S., c. 1 (2nd Supp.)Customs Act

134. Subsection 135(2) of the Customs Act is replaced by the following:

1996, c. 23Employment Insurance Act

Marginal note:1998, c. 19, s. 270

• 135. (1) Subsection 112(2) of the Employment Insurance Act is replaced by the following:

  • Marginal note:Judges acting as umpires

    (2) Subject to subsection (4), a judge or former judge of a superior, county or district court or a judge or former judge appointed under an Act of Parliament or the legislature of a province may, at the request of the chief umpire made with the approval of the Governor in Council, act as an umpire and, while so acting, the judge or former judge has all the powers of an umpire.

• (2) Subsection 112(5) of the Act is replaced by the following:

  • Marginal note:Salary and travel allowance

    (5) A judge or former judge who acts as an umpire shall be paid

    • (a) a salary for the period the person acts at the rate fixed by the Judges Act for a judge of the Federal Court, other than the Chief Justice of that Court, less any amount otherwise payable to the person under that Act for the period; and

    • (b) the travel allowances that a judge is entitled to be paid under that Act.

R.S., c. E-9Energy Supplies Emergency Act

Marginal note:1996, c. 10, s. 222(1)

136. Subsection 42(1) of the Energy Supplies Emergency Act is replaced by the following:

R.S., c. E-15Excise Tax Act

Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3))

• 137. (1) Subsections 81.28(1) and (2) of the Excise Tax Act are replaced by the following:

  Marginal note:Institution of appeal to Court

  • 81.28 (1) An appeal to the Federal Court under section 81.2, 81.22 or 81.24 shall be instituted

    • (a) in the case of an appeal by a person, other than the Minister, in the manner set out in section 48 of the Federal Courts Act; and

    • (b) in the case of an appeal by the Minister, in the manner provided by the rules made under the Federal Courts Act for the commencement of an action.

  • Marginal note:Counter-claim or cross-demand

    (2) If the respondent in an appeal under section 81.24 from a decision of the Tribunal desires to appeal that decision, the respondent may do so, whether or not the time fixed by that section has expired, by a counter-claim or cross-demand instituted in accordance with the Federal Courts Act and the rules made under that Act.

• Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)

  (2) The portion of subsection 81.28(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Procedure

    (3) An appeal to the Federal Court under this Part is deemed to be an action in the Federal Court to which the Federal Courts Act and the rules made under that Act applicable to an ordinary action apply, except as varied by special rules made in respect of such appeals and except that

• Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)

  (3) Paragraph 81.28(3)(b) of the Act is replaced by the following:

  • (b) a copy of a notice of objection filed with the Federal Court under subsection 81.21(3) is deemed to be a statement of claim that is filed with the Court by the person serving the notice and served by that person on the Minister on the day it was so filed by the Minister; and

Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)

138. Subsection 81.37(1) of the Act is replaced by the following:

Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3))

139. The portion of subsection 81.38(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:R.S., c. 7 (2nd Supp.), s. 41(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3))

140. Subsection 86(8) of the Act is replaced by the following:

1999, c. 18Extradition Act

• 141. (1) Subsection 57(1) of the Extradition Act is replaced by the following:

  Marginal note:Review of order

  • 57. (1) Despite the Federal Courts Act, the court of appeal of the province in which the committal of the person was ordered has exclusive original jurisdiction to hear and determine applications for judicial review under this Act, made in respect of the decision of the Minister under section 40.

• (2) Subsection 57(7) of the Act is replaced by the following:

  • Marginal note:Grounds of review

    (7) The court of appeal may grant relief under this section on any of the grounds on which the Federal Court may grant relief under subsection 18.1(4) of the Federal Courts Act.

R.S., c. F-11Financial Administration Act

Marginal note:1992, c. 1, s. 72

142. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the references to

• Registry of the Federal Court of Canada

  Greffe de la Cour fédérale du Canada

• Registry of the Tax Court of Canada

  Greffe de la Cour canadienne de l’impôt

and the corresponding references in column II to the “Minister of Justice”.

143. Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

• Courts Administration Service

  Service administratif des tribunaux judiciaires

and a corresponding reference in column II to the “Minister of Justice”.

R.S., c. I-2Immigration Act

Marginal note:1992, c. 49, s. 53

144. Subsection 63.1(2) of the Immigration Act is replaced by the following:

Marginal note:1992, c. 49, s. 73

145. Subsection 83(4) of the Act is replaced by the following:

Marginal note:1992, c. 49, s. 73

146. Subsection 84(1) of the Act is replaced by the following:

Marginal note:R.S., c. 29 (4th Supp.), s. 11

147. Subsection 102.17(2) of the Act is replaced by the following:

R.S., c. 1 (5th Supp.)Income Tax Act

148. The heading before section 169 of the Income Tax Act is replaced by the following:

149. Subsection 176(2) of the Act is replaced by the following:

1991, c. 13International Sale of Goods Contracts Convention Act

150. Section 7 of the International Sale of Goods Contracts Convention Act is replaced by the following:

R.S., c. I-21Interpretation Act

• 151. (1) The definitions “Federal Court”, “Federal Court — Appeal Division” or “Federal Court of Appeal” and “Federal Court — Trial Division” in subsection 35(1) of the Interpretation Act are repealed.

• (2) The portion of the definition “superior court” in subsection 35(1) of the Act after paragraph (e) is replaced by the following:

  and includes the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada;

R.S., c. 28 (1st Supp.)Investment Canada Act

152. Subsection 40(6) of the Investment Canada Act is replaced by the following:

R.S., c. N-5National Defence Act

153. Subsection 234(2) of the National Defence Act is replaced by the following:

154. Subsection 236(3) of the Act is replaced by the following:

R.S., c. 31 (4th Supp.)Official Languages Act

155. Subsection 16(3) of the Official Languages Act is replaced by the following:

156. Section 17 of the Act is replaced by the following:

157. Subsection 50(2) of the Act is replaced by the following:

1990, c. 20Plant Breeders’ Rights Act

158. Subsection 49(1) of the Plant Breeders’ Rights Act is replaced by the following:

R.S., c. P-21Privacy Act

159. Subsection 51(1) of the Privacy Act is replaced by the following:

160. Subsection 54(2) of the Act is replaced by the following:

2000, c. 17Proceeds of Crime (Money Laundering) Act

161. Subsection 30(2) of the Proceeds of Crime (Money Laundering) Act is replaced by the following:

1991, c. 30Public Sector Compensation Act

162. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:

Marginal note:

163. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”:

R.S., c. P-33Public Service Employment Act

Marginal note:1992, c. 54, s. 16

164. Section 21.1 of the Public Service Employment Act is replaced by the following:

R.S., c. P-35Public Service Staff Relations Act

Marginal note:1992, c. 54, s. 32(4)

165. Paragraph (a) of the definition “managerial or confidential position” in subsection 2(1) of the Public Service Staff Relations Act is replaced by the following:

166. Part I of Schedule I to the Act is amended by striking out the following:

167. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:

R.S., c. 32 (4th Supp.)Railway Safety Act

168. Subsection 34(1) of the Railway Safety Act is replaced by the following:

R.S., c. S-15Special Import Measures Act

Marginal note:1993, c. 44, s. 207(2)(E)

169. Subsection 12(1.1) of the English version of the Special Import Measures Act is replaced by the following:

Marginal note:1990, c. 8, s. 71(2)(E)

170. Paragraph 44(2)(a) of the English version of the Act is replaced by the following:

Marginal note:R.S., c. 47 (4th Supp.), s. 52 (Sch., item 10(5))

171. Paragraph 59(1)(d) of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

172. The portion of the definition “definitive decision” in subsection 77.01(1) of the Act after paragraph (j) is replaced by the following:

Marginal note:1988, c. 65, s. 42

173. The portion of the definition “definitive decision” in subsection 77.1(1) of the Act after paragraph (j) is replaced by the following:

R.S., c. S-22Statutory Instruments Act

Marginal note:R.S., c. 51 (4th Supp.), s. 22

174. Subsection 3(4) of the Statutory Instruments Act is replaced by the following:

R.S., c. S-26Supreme Court Act

175. Paragraphs 30(1)(a) and (b) of the Supreme Court Act are replaced by the following:

176. Section 64 of the Act is replaced by the following:

R.S., c. T-13Trade-marks Act

177. Section 61 of the Trade-marks Act is replaced by the following:

R.S., c. 16 (2nd Supp.)United Nations Foreign Arbitral Awards Convention Act

178. Section 6 of the United Nations Foreign Arbitral Awards Convention Act is replaced by the following:

1995, c. 18Veterans Review and Appeal Board Act

179. Subsection 42(2) of the Veterans Review and Appeal Board Act is replaced by the following:

1994, c. 35Yukon First Nations Self-Government Act

180. Subsection 15(2) of the Yukon First Nations Self-Government Act is replaced by the following:

1994, c. 43Yukon Surface Rights Board Act

181. Subsection 76(1) of the Yukon Surface Rights Board Act is replaced by the following:

References

Marginal note:Replacement of “Federal Court Act” with “Federal Courts Act”

• 182. (1) The following provisions are amended by replacing the expression “Federal Court Act” with the expression “Federal Courts Act”:

  • (a) section 45 of the Access to Information Act;

  • (b) subsection 14.02(5) of the Bankruptcy and Insolvency Act;

  • (c) subsection 12(2) of the Canada Agricultural Products Act;

  • (d) subsections 39.34(1) and 39.35(3) of the Canada Deposit Insurance Corporation Act;

  • (e) subsections 22(1), 23(3) and 58(3) of the Canada Labour Code;

  • (f) the portion of subsection 84(1) of the Canada Pension Plan after paragraph (f) and paragraphs 86.1(b) and (c) of that Act;

  • (g) subsection 63(1), section 65 and subsection 106(10) of the Canada Petroleum Resources Act;

  • (h) section 46 of the Canadian Payments Association Act, as enacted by section 244 of the Financial Consumer Agency of Canada Act, Chapter 9 of the Statutes of Canada, 2001;

  • (i) paragraph 28(c) of the Canadian Security Intelligence Service Act;

  • (j) section 16 of the Citizenship Act;

  • (k) subsection 31(7) of the Crown Liability and Proceedings Act;

  • (l) subsection 37(9) of the Cultural Property Export and Import Act;

  • (m) subsection 52(3) of the Emergencies Act;

  • (n) subsections 30(3) and 39(8) of the Employment Equity Act;

  • (o) sections 105 and 118 and subsection 132(3) of the Employment Insurance Act;

  • (p) subsection 32.4(3) of the Energy Supplies Emergency Act;

  • (q) subsection 311(5) of the Excise Tax Act;

  • (r) subsection 36(3) of the First Nations Land Management Act;

  • (s) subsection 46.04(3.1), subparagraph 49(1)(c)(i), subsection 82.1(1), section 82.2 and subsection 84(2) of the Immigration Act;

  • (t) the portion of subsection 164(4.1) of the Income Tax Act after paragraph (d) and subsection 174(4.1) of that Act;

  • (u) subsection 31(2) of the Indian Act;

  • (v) subsection 31(1) of the Labour Adjustment Benefits Act;

  • (w) paragraph (c) of the definition “public office holder” in subsection 2(1) of the Lobbyists Registration Act;

  • (x) section 32 of the Mackenzie Valley Resource Management Act;

  • (y) sections 5 and 16 of the Marine Liability Act;

  • (z) subsection 14(2) of the Motor Vehicle Fuel Consumption Standards Act;

  • (z.1) section 29.15 of the National Defence Act, as enacted by section 7 of An Act to amend the National Defence Act, chapter 35 of the Statutes of Canada, 1998;

  • (z.2) section 19 of the Nisga’a Final Agreement Act;

  • (z.3) subsections 24(2) and 27(2) of the Northern Pipeline Act;

  • (z.4) section 80 of the Official Languages Act;

  • (z.5) subsections 28(2) and (3) of the Old Age Security Act;

  • (z.6) section 17 and subsection 54(2) of the Patent Act;

  • (z.7) section 21 of the Payment Clearing and Settlement Act;

  • (z.8) section 44 of the Privacy Act;

  • (z.9) subsections 32(1), 42(4) and (6), 45.16(7) and 45.26(6) of the Royal Canadian Mounted Police Act;

  • (z.10) subsections 9(1) and 12(1), section 44, subsections 76(1), 77.01(2) and 77.011(2), (5) and (7), section 77.012, subsection 77.02(3), section 77.027, subsections 77.031(1) and (2), 77.1(2) and 77.11(2), (4) and (6), section 77.12, subsections 77.2(3), 96.1(5) and 96.11(1) and section 96.2 of the Special Import Measures Act;

  • (z.11) section 76 and subsections 77.012(1) and 77.12(1) of the Special Import Measures Act, as enacted by sections 36, 39 and 41 of An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act, chapter 12 of the Statutes of Canada, 1999; and

  • (z.12) subsections 21(1) and 37(3) of the Status of the Artist Act.

• Marginal note:Other reference to Federal Court Act

  (2) The definition “Rules” in section 687 of the English version of the Canada Shipping Act is amended by replacing the expression “Federal Court Act” with the expression “Federal Courts Act”.

• Marginal note:General replacement

  (3) Unless the context requires otherwise, the expression “Federal Court Act” is replaced by the expression “Federal Courts Act” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred under an Act of Parliament, or

    • (ii) by order or under the authority of the Governor in Council.

Marginal note:Replacement of “Federal Court — Trial Division” with “Federal Court”

• 183. (1) The following provisions are amended by replacing the expression “Federal Court — Trial Division” with the expression “Federal Court”:

  • (a) the definition “Court” in section 3 of the Access to Information Act;

  • (b) paragraph 37(3)(a) of the Canada Evidence Act;

  • (c) paragraph (g) of the definition “court” in section 103 of the Canada Marine Act;

  • (d) the definition “Court” in subsection 2(1) of the Citizenship Act;

  • (e) paragraph (g) of the definition “court” in subsection 16(22) of the Coasting Trade Act;

  • (f) subsection 34(3), sections 73 and 74.09 and subsection 74.18(1) of the Competition Act;

  • (g) paragraph 3(2)(a) of the Competition Tribunal Act;

  • (h) subsection 13(2) of the Comprehensive Nuclear Test-Ban Treaty Implementation Act;

  • (i) subsections 3(3), 4(3), 5(3) and 23(2) of the Divorce Act;

  • (j) sections 81.2 and 81.21, subsections 81.22(1) and (2), paragraph 81.23(1)(a), subsection 81.23(2), sections 81.24, 81.29 and 81.3 and subsections 81.31(1), (2) and (4), 81.32(3), 81.34(1) to (3), 81.36(1) and (6) and 86(6) of the Excise Tax Act;

  • (k) subsection 8(1) of the Foreign Publishers Advertising Services Act;

  • (l) paragraph 46.04(3.1)(b), subparagraph 49(1)(c)(ii), subsections 77(3.2) and (3.3) and 82.1(1), (3) to (5) and (10), section 82.2 and subsections 83(1) to (3), 102.17(1) and 107.1(1) of the Immigration Act;

  • (m) subsection 180(2) of the Income Tax Act;

  • (n) subsection 14(1) of the Motor Vehicle Fuel Consumption Standards Act;

  • (o) section 101 of the National Energy Board Act;

  • (p) subsection 27(1) of the Northern Pipeline Act;

  • (q) section 76 of the Official Languages Act;

  • (r) the definition “Court” in subsection 2(1) of the Personal Information Protection and Electronic Documents Act;

  • (s) the definition “Court” in section 3 of the Privacy Act; and

  • (t) section 38 of the Supreme Court Act.

• Marginal note:References to Federal Court — Trial Division generally

  (2) Unless the context requires otherwise, the expression “Federal Court — Trial Division” is replaced by the expression “Federal Court” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred under an Act of Parliament, or

    • (ii) by order or under the authority of the Governor in Council.

Marginal note:Replacement of “Federal Court” and “Federal Court of Canada” with “Federal Court of Appeal”

184. The Income Tax Act is amended by replacing the expressions “Federal Court” and “Federal Court of Canada” with the expression “Federal Court of Appeal” in the following provisions:

• (a) paragraph 152(1.7)(b);

• (b) the portion of subsection 152(1.8) before paragraph (a);

• (c) subsection 164(4.1);

• (d) section 179; and

• (e) subparagraph 191.2(1)(b)(iv).

TRANSITIONAL PROVISIONS

Marginal note:Chief Justice of Federal Court of Canada

• 185. (1) The person holding the office of Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court of Appeal.

• Marginal note:Associate Chief Justice of Federal Court of Canada

  (2) The person holding the office of Associate Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court.

• Marginal note:Other judges in the Federal Court — Appeal Division

  (3) Every other person holding office as a judge or supernumerary judge of the Federal Court — Appeal Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court of Appeal.

• Marginal note:Other judges in the Federal Court — Trial Division

  (4) Every other person holding office as a judge or supernumerary judge of the Federal Court — Trial Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court.

• Marginal note:Prothonotaries

  (5) Every person holding office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary, as the case may be, of the Federal Court.

• Marginal note:Sheriffs

  (6) Every person holding office as sheriff or deputy sheriff of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as sheriff or deputy sheriff, as the case may be, of the Federal Court of Appeal and the Federal Court.

• Marginal note:Commissioner for taking oaths

  (7) Every person who on the coming into force of section 1 of this Act was empowered to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Canada because of a commission under subsection 54(2) of the Federal Court Act is empowered in or outside Canada to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Appeal and the Federal Court as though the person had been so empowered by a commission under subsection 54(2) of the Federal Courts Act.

• Marginal note:Chief Justice of the Tax Court of Canada

  (8) The person holding the office of Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Chief Justice of the Tax Court of Canada.

• Marginal note:Associate Chief Justice of the Tax Court of Canada

  (9) The person holding the office of Associate Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Associate Chief Justice of the Tax Court of Canada.

• Marginal note:Deputy judges of Tax Court of Canada

  (10) A person who, on the coming into force of section 1 of this Act, was authorized to act as a deputy judge of the Tax Court of Canada may act as a deputy judge of that Court if requested to do so by the Chief Justice of the Court.

• Marginal note:Interpretation

  (11) For the purposes of subsections 31(1) and (2) of the Judges Act, as enacted by subsection 90(1) of this Act, any period during which a person holds the office of Chief Justice or Associate Chief Justice of the Federal Court of Canada is deemed to be a period during which he or she holds the office of Chief Justice of the Federal Court of Appeal or the Federal Court.

• Marginal note:For greater certainty

  (12) For greater certainty, for the purposes of sections 31, 43 and 44 of the English version of the Judges Act, “Chief Justice” and “Associate Chief Justice” include “Chief Judge” and “Associate Chief Judge”, respectively.

• Marginal note:Letters patent

  (13) Letters patent under the Great Seal may be issued under the authority of the Governor in Council to each of the persons referred to in subsections (1) to (4), (8) and (9) evidencing the person’s office by virtue of this section.

• Marginal note:Transfer of court employees

  (14) Nothing in this Act shall be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the coming into force of section 1 of this Act, occupied a position in or was a member of the staff of the Federal Court of Canada or the Tax Court of Canada, except that the employee, on that coming into force, occupies that position in the Courts Administration Service under the authority of the Chief Administrator of that Service.

Marginal note:Jurisdiction

186. Any jurisdiction of the Federal Court of Appeal or the Federal Court created by this Act shall be exercised in respect of matters arising before or after the coming into force of section 1 of this Act.

Marginal note:Judicial review rules to apply to certain appeals

• 187. (1) The provisions of the Federal Court Rules, 1998 that govern applications to the Federal Court of Appeal under section 28 of the Federal Courts Act apply to appeals to the Federal Court of Appeal under subsection 27(1.2) of that Act, with any modifications that the circumstances require, until other provisions are made to govern those appeals.

• Marginal note:Other provisions to remain in force

  (2) All provisions of law and rules and orders regulating the practice and procedure in the Federal Court of Canada on the coming into force of section 1 of this Act remain in force until amended, repealed or otherwise determined, to the extent that they are not inconsistent with the provisions of this Act.

Marginal note:Court proceedings to continue

188. Every proceeding taken in the Federal Court of Canada before the coming into force of section 1 of this Act shall be continued in conformity with the Federal Courts Act.

Marginal note:Court premises and supplies

189. All premises and supplies assigned to the Federal Court of Canada and the Tax Court of Canada on the coming into force of section 1 of this Act shall be assigned to the Courts Administration Service.

Marginal note:Appropriations

190. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Registry of the Federal Court of Canada and the Registry of the Tax Court of Canada, is an amount appropriated for defraying the charges and expenses of the Courts Administration Service.

Marginal note:Rules made previously

191. Rules that were made under section 46 of the Federal Court Act before the coming into force of section 44 of this Act are deemed to have been validly made and continue to have force as though they had been made under section 46 of the Federal Courts Act, as amended by section 44 of this Act.

Marginal note:Special Import Measures Act

192. Subsection 12(1.1), paragraphs 44(2)(a) and 59(1)(d) and subsections 77.01(1) and 77.1(1) of the Special Import Measures Act, as enacted or amended by sections 169 to 173 of this Act, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.

COORDINATING AMENDMENTS

Marginal note:Bill S-23

193. If Bill S-23, introduced in the 1st session of the 37th Parliament and entitled An Act to amend the Customs Act and to make related amendments to other Acts (referred to in this section as the “other Act”), receives royal assent and section 1 of this Act comes into force, then the portion of subsection 97.34(4) of the Customs Act before paragraph (a), as enacted by subsection 58(1) of the other Act, is replaced by the following:

Marginal note:Bill C-11

194. If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the “other Act”), is assented to and section 1 of this Act comes into force, then

• (a) in the following provisions of the other Act, the expression “Federal Court — Trial Division” is replaced by the expression “Federal Court”:

  • (i) paragraph 72(2)(b), and

  • (ii) subsection 77(1);

• (b) in the following provisions of the other Act, the expression “Federal Court Act” is replaced by the expression “Federal Courts Act”:

  • (i) subsection 75(2), and

  • (ii) subsection 79(2); and

• (c) subsection 75(1) of the other Act is replaced by the following:

  Marginal note:Rules

  • 75. (1) Subject to the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, for judicial review and for appeals. The rules are binding despite any rule or practice that would otherwise apply.

• (d) the definition “judge” in section 76 of the other Act is replaced by the following:

  “judge”

  « juge »

  “judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

• (e) section 198 of the English version of the other Act is replaced by the following:

  Marginal note:Refugee Protection Division

  198. The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act.

Marginal note:Bill C-14

195. If Bill C-14, introduced in the 1st session of the 37th Parliament and entitled the Canada Shipping Act, 2001 (referred to in this section as the “other Act”), receives royal assent and section 1 of this Act comes into force, then the expression “Federal Court Act” in subsection 251(3) of the other Act is replaced by the expression “Federal Courts Act”.

Marginal note:Bill C-16

196. If Bill C-16, introduced in the 1st session of the 37th Parliament and entitled the Charities Registration (Security Information) Act (referred to in this section as the “other Act”), receives royal assent, if Bill C-11, introduced in the same session and entitled the Immigration and Refugee Protection Act, has not received royal assent, and if section 1 of this Act comes into force, then

• (a) the definition “judge” in section 3 of the other Act is replaced by the following:

  “judge”

  « juge »

  “judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

• (b) the definition “judge” in section 4 of the other Act, as enacted by paragraph 20(b) of that Act, is replaced by the following:

  “judge”

  « juge »

  “judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

Marginal note:Bill C-16

197. If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the “first Act”), and Bill C-16, introduced in the same session and entitled the Charities Registration (Securities Information) Act (referred to in this section as the “second Act”), receive royal assent, then

• (a) if the coming into force of section 1 of this Act precedes the coming into force of section 76 of the first Act and of section 1 of the second Act, the definition “judge” in section 3 of the second Act is replaced by the following:

  “judge”

  « juge »

  “judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

• (b) if the coming into force of section 76 of the first Act and of section 1 of the second Act precede the coming into force of section 1 of this Act, the definition “judge” in section 4 of the second Act is replaced by the following:

  “judge”

  « juge »

  “judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

Marginal note:Bill C-23

198. If Bill C-23, introduced in the 1st session of the 37th Parliament and entitled An Act to amend the Competition Act and the Competition Tribunal Act (referred to in this section as the “other Act”), receives royal assent and section 1 of this Act comes into force, then

• (a) paragraph 30.19(2)(a) of the Competition Act, as enacted by section 3 of the other Act, is replaced by the following:

  • (a) to the Attorney General of Canada, in the case of an application to the Federal Court or the Federal Court of Appeal;

• (b) paragraph 30.19(2)(b) of the English version of the Competition Act, as enacted by section 3 of the other Act, is replaced by the following:

  • (b) the attorney general of the province in which the exhibit is located, in the case of an application to a court other than the Federal Court or the Federal Court of Appeal; or

• (c) in the following provisions, the expression “Federal Court — Trial Division” is replaced by the expression “Federal Court”:

  • (i) paragraph (f) of the definition “judge” in section 30 of the Competition Act, as enacted by section 3 of the other Act,

  • (ii) section 30.24 of the Competition Act, as enacted by section 3 of the other Act,

  • (iii) subsection 73(1) of the Competition Act, as enacted by section 8 of the other Act, and

  • (iv) paragraph 3(2)(a) of the Competition Tribunal Act, as enacted by section 16 of the other Act.

COMING INTO FORCE

Marginal note:Coming into force

199. The provisions of this Act, other than sections 193 to 198, and the provisions of any Act enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.