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An Act to amend the Judges Act and certain other Acts in relation to courts (S.C. 2006, c. 11)

Assented to 2006-12-14

PART 1AMENDMENTS TO THE JUDGES ACT

R.S., c. J-1Judges Act

Marginal note:1989, c. 8, s. 13

16. Subsection 53(1) of the Act is replaced by the following:

Marginal note:Amounts payable out of C.R.F.

  • 53. (1) The salaries, allowances and annuities payable under this Act and the amounts payable under sections 46.1, 51 and 52.15 shall be paid out of the Consolidated Revenue Fund.

PART 2AMENDMENTS TO OTHER ACTS

1996, c. 10Canada Transportation Act

Marginal note:2002, c. 8, s. 122

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

Marginal note:Enforcement of decision or order

  • 33. (1) A decision or an order of the Agency may be made an order of the Federal Court or of any superior court and is enforceable in the same manner as such an order.

R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act

Marginal note:1990, c. 8, s. 32

  • 18. (1) Paragraph 34(a) of the Crown Liability and Proceedings Act is replaced by the following:

    • (a) prescribing rules of practice and procedure in respect of proceedings by, against or involving the Crown, including tariffs of fees and costs;

  • Marginal note:1990, c. 8, s. 32

    (2) Paragraphs 34(d) and (e) of the Act are replaced by the following:

    • (d) making applicable to any proceedings by, against or involving the Crown all or any of the rules of evidence applicable in similar proceedings between subject and subject; and

    • (e) generally respecting proceedings by, against or involving the Crown.

1996, c. 23Employment Insurance Act

Marginal note:2002, c. 8, par. 182(1)(o)

19. Section 105 of the Employment Insurance Act is replaced by the following:

Marginal note:Decision final

105. The decision of the Tax Court of Canada under section 103 is final and, except for an appeal under the Federal Courts Act, is not subject to appeal to or review by any court.

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

Marginal note:2002, c. 8, s. 16

20. Section 5.4 of the Federal Courts Act is replaced by the following:

Marginal note:Judges from Quebec

5.4 At least five of the judges of the Federal Court of Appeal and at least 10 of the judges of the Federal Court must be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.

Marginal note:2002, c. 8, s. 16

21. Subsection 6(2) of the Act is replaced by the following:

  • Marginal note:Absence or incapacity of a Chief Justice

    (2) If the office of Chief Justice of the Federal Court of Appeal or the office of the Chief Justice of the Federal Court is vacant, or the Chief Justice of either court is absent from Canada or is for any reason unable or unwilling to act, the powers and duties of the Chief Justice shall be exercised and performed by

    • (a) the judge of the Federal Court of Appeal or of the Federal Court, as the case may be, who has been designated for that purpose by the Chief Justice of that Court; or

    • (b) if no judge has been so designated, or if the judge so designated is absent from Canada or is unable or unwilling to act, the senior judge of the same court 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.

22. Subsection 7(2) of the English version of the Act is replaced by the following:

  • Marginal note:Rota of judges

    (2) Notwithstanding subsection (1), the Rules may provide for a rota of judges in order to ensure continuity of judicial availability in any centre where the volume of work or other circumstances make such an arrangement expedient.

23. Subsection 12(2) of the Act is repealed.

Marginal note:2002, c. 8, s. 43(1)

24. Paragraph 45.1(1)(b) of the Act is replaced by the following:

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

R.S., c. P-10; 2001, c. 4, s. 113(F)Pesticide Residue Compensation Act

Marginal note:1990, c. 8, s. 60

25. Subsection 14(1) of the Pesticide Residue Compensation Act is replaced by the following:

Marginal note:Assessor and Deputy Assessors

  • 14. (1) The Governor in Council may, from among the judges of the Federal Court and the judges of the superior, district or county courts of the provinces, appoint an Assessor and the number of Deputy Assessors that the Governor in Council considers necessary to hear and determine appeals from compensation awards made under this Act or under any other Act to which this Part is made applicable and, subject to this Act, may prescribe their jurisdiction.

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

Marginal note:2002, c. 8, s. 168

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

Marginal note:Enforcement through court

  • 34. (1) An order or emergency directive made by the Minister may be made an order of the Federal Court or any superior court and shall be enforced in the same manner as an order of the court.

R.S., c. T-2Tax Court of Canada Act

Marginal note:2002, c. 9, s. 10(3)

27. Subsection 12(4) of the Tax Court of Canada Act is replaced by the following:

Marginal note:R.S., c. 51 (4th Supp.), s. 5; 1998, c. 19, s. 291(1)

28. Section 17.2 of the Act is replaced by the following:

Marginal note:How proceeding instituted

  • 17.2 (1) Unless the Act under which the proceeding arises provides otherwise, a proceeding in respect of which this section applies shall be instituted by filing an originating document in the form and manner set out in the rules of Court and by paying, in accordance with the rules, any required filing fee.

  • Marginal note:Filing date

    (2) An originating document is deemed to be filed on the day on which it is received by the Registry of the Court.

  • Marginal note:Service of originating document

    (3) After the proceeding has been instituted, an officer of the Registry of the Court shall, on behalf of the party who instituted the proceeding and in accordance with the rules of the Court, serve the originating document without delay on Her Majesty in right of Canada by transmitting a copy to the office of the Deputy Attorney General of Canada.

  • Marginal note:Certificate

    (4) An officer of the Registry of the Court shall, in accordance with the rules of the Court, deliver or forward to the party who instituted the proceeding a certificate indicating the date of filing of the originating document and the date of service on Her Majesty in right of Canada.

  • Marginal note:Certificate to be evidence

    (5) A certificate is evidence of the dates of filing and service.

Marginal note:R.S., c. 51 (4th Supp.), s. 5; 1998, c. 19, s. 292(1)

29. Section 18.15 of the Act is replaced by the following:

Marginal note:How proceeding instituted

  • 18.15 (1) An appeal referred to in section 18 shall be instituted by filing an originating document with the Registry of the Court in the manner set out in the rules of Court and by paying, in accordance with the rules, any required filing fee. The document shall set out, in general terms, the reasons for the appeal and the relevant facts, but no special form is required unless the Act under which the appeal arises provides otherwise.

  • Marginal note:Filing date

    (2) An originating document is deemed to be filed on the day on which it is received by the Registry of the Court.

  • Marginal note:Hearing

    (3) Notwithstanding the provisions of the Act under which the appeal arises, the Court is not bound by any legal or technical rules of evidence in conducting a hearing and the appeal shall be dealt with by the Court as informally and expeditiously as the circumstances and considerations of fairness permit.

Marginal note:1998, c. 19, s. 283

30. Subsection 18.26(1) of the Act is replaced by the following:

Marginal note:Costs

  • 18.26 (1) The Court may, subject to the rules, award costs. In particular, the Court may award costs to the appellant if the judgment reduces the aggregate of all amounts in issue or the amount of interest in issue, or increases the amount of loss in issue, as the case may be, by more than one half.

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