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• (2) Paragraph 28(1)(l) of the Act is repealed.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