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Courts Administration Service Act (S.C. 2002, c. 8)

Assented to 2002-03-27

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:Appointment

    (2) If the Minister considers that it is appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 63.2 referred to as the “judge”, shall conduct the inquiry.

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

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

  • Marginal note:Refusal not subject to appeal

    (4) For greater certainty, a refusal of the Federal Court to certify that a serious question of general importance is involved in any matter is not subject to appeal.

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

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

Marginal note:Rules

  • 84. (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

    • (a) applications under section 82.1 for leave to commence an application for judicial review,

    • (b) applications for judicial review under that Act with respect to any decision or order made, or any matter arising, under this Act or the rules or regulations made under this Act, and

    • (c) appeals referred to in section 83,

    and those rules shall be binding despite any rule or practice that would otherwise be applicable.

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

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

  • Marginal note:Ordinary action

    (2) The Federal Courts Act and the rules made under that Act applicable to ordinary actions apply in respect of actions instituted under subsection (1), except as varied by special rules made in respect of such actions.

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:

Division J — Appeals to the Tax Court of Canada and the Federal Court of Appeal

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

  • Marginal note:Documents to be transferred to Federal Court of Appeal

    (2) As soon as is reasonably practicable after receiving notice of an appeal to the Federal Court of Appeal in respect of which section 180 applies, the Minister shall cause to be transmitted to the registry of that Court copies of all documents that are relevant to the decision of the Minister appealed from.

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:

Marginal note:Jurisdiction

7. The Federal Court and the superior courts of the provinces are courts of competent jurisdiction for the purpose of the enforcement of this Act and the Convention.

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:

  • Definition of “superior court”

    (6) In this section, “superior court” has the same meaning as in subsection 35(1) of the Interpretation Act but does not include the Supreme Court of Canada, the Federal Court of Appeal or the Tax Court of Canada.

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

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

  • Marginal note:Judges

    (2) The judges of the Court Martial Appeal Court are

    • (a) not fewer than four judges of the Federal Court of Appeal or the Federal Court to be designated by the Governor in Council; and

    • (b) any additional judges of a superior court of criminal jurisdiction who are appointed by the Governor in Council.

  • Marginal note:Deputy judges of the Court

    (2.1) Subject to subsection (2.2), any former judge of the Court Martial Appeal Court may, at the request of the Chief Justice of that Court 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.

  • Marginal note:Approval of Governor in Council

    (2.2) The Governor in Council may approve the making of requests under subsection (2.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under that subsection.

  • Marginal note:Salary

    (2.3) A person who acts as a judge under subsection (2.1) shall be paid a salary for the period he or she acts at the rate fixed by the Judges Act for a judge of the Federal Court of Appeal or the Federal Court, other than a Chief Justice, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act.

  • Marginal note:Giving of judgment after judge ceases to hold office

    (2.4) If a judge of the Court Martial Appeal Court resigns his or her office or is appointed to another court or otherwise ceases to hold office, he or she may, at the request of the Chief Justice of the Court Martial Appeal Court, at any time within eight weeks after that event give judgment in any cause, action or matter previously tried by or heard before him or her as if he or she had continued in office.

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

  • Marginal note:Staff

    (3) The officers, clerks and employees appointed to the Courts Administration Service shall perform the duties of their respective offices in relation to the Court Martial Appeal Court.

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

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

  • Marginal note:Limitation

    (3) No federal court, other than the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, is required to comply with subsection (1) until five years after that subsection comes into force.

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

Marginal note:Authority to make implementing rules

  • 17. (1) The Governor in Council may make any rules governing the procedure in proceedings before any federal court, other than the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, including rules respecting the giving of notice, that the Governor in Council deems necessary to enable that federal court to comply with sections 15 and 16 in the exercise of any of its powers or duties.

  • Marginal note:Supreme Court, Federal Court of Appeal, Federal Court and Tax Court of Canada

    (2) Subject to the approval of the Governor in Council, the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada may make any rules governing the procedure in their own proceedings, including rules respecting the giving of notice, that they deem necessary to enable themselves to comply with sections 15 and 16 in the exercise of any of their powers or duties.

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

  • Marginal note:Salary and expenses

    (2) The Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.

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