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Federal Courts Act

Version of section 12 from 2005-04-01 to 2006-12-13:


Marginal note:Prothonotaries

  •  (1) The Governor in Council may appoint as prothonotaries of the Federal Court any fit and proper persons who are barristers or advocates in a province and who are, in the opinion of the Governor in Council, necessary for the efficient performance of the work of that court that, under the Rules, is to be performed by them.

  • Marginal note:Senior Prothonotary and Associate Senior Prothonotary

    (2) The Governor in Council shall designate one of the prothonotaries to be Senior Prothonotary and one of the prothonotaries to be Associate Senior Prothonotary.

  • Marginal note:Powers and duties

    (3) The powers, duties and functions of the prothonotaries shall be determined by the Rules.

  • Marginal note:Salary

    (4) Each prothonotary shall be paid a salary to be fixed by the Governor in Council.

  • Marginal note:Superannuation

    (5) For the purposes of the Public Service Superannuation Act, a prothonotary shall be deemed to be employed in the public service.

  • Marginal note:Immunity from liability

    (6) A prothonotary shall have the same immunity from liability as a judge of the Federal Court.

  • Marginal note:Term of office

    (7) A prothonotary shall hold office during good behaviour but may be removed by the Governor in Council for cause.

  • Marginal note:Cessation of office

    (8) A prothonotary, whether appointed before or after the coming into force of this subsection, shall cease to hold office on becoming 75 years old.

  • R.S., 1985, c. F-7, s. 12
  • 2002, c. 8, s. 20
  • 2003, c. 22, ss. 225(E), 263
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