Assented to 2002-03-27
An Act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, to amend the Federal Court Act, the Tax Court of Canada Act and the Judges Act, and to make related and consequential amendments to other Acts
This enactment consolidates the current administrative services of the Federal Court of Canada, the Court Martial Appeal Court and the Tax Court of Canada into a single “Courts Administration Service”.
It amends the Federal Court Act and related legislation to create a separate Federal Court of Appeal.
It amends the Tax Court of Canada Act and related legislation to change the status of the Tax Court of Canada to that of a superior court.
It also makes consequential amendments to various other federal statutes.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
PURPOSES OF ACT
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
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.
5. (1) The Governor in Council shall appoint the Chief Administrator to hold office during pleasure for a term of up to five years.
(2) The Chief Administrator is eligible for re-appointment at the end of each term of office.
(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.
(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.
(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.
(4) The powers of the Chief Administrator do not extend to any matter assigned by law to the judiciary.
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
CONTRACTING FOR SERVICES
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:
Marginal note:Short title
1. This Act may be cited as the Federal Courts Act.
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:
« 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.
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