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

Assented to 2002-03-27

TRANSITIONAL PROVISIONS

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:Effect of appeal

    (4) If a person has made a request under section 60 or 129 or has appealed under section 67 or 68 and the person agrees in writing with the Minister to delay proceedings on the request or appeal, as the case may be, until judgment has been given in another action before the Canadian International Trade Tribunal, the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, in which action the issue is the same or substantially the same as that raised in the request or appeal of the person, the Minister may take any of the actions described in subsection (1) for the purpose of collecting the amount payable, or a part of the amount payable, determined in a manner consistent with the decision or judgment in the other action at any time after the Minister notifies the person in writing that

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.

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