C-30 1 37 49-50-51 Elizabeth II 2001-2002

An Act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, to amend the Federal Court Act, the Tax Court of Canada Act and the Judges Act, and to make related and consequential amendments to other Acts

Courts Administration Service Act

Courts Administration Service 2002 3 27 8 2002 90155

SUMMARY

This enactment consolidates the current administrative services of the Federal Court of Canada, the Court Martial Appeal Court and the Tax Court of Canada into a single “Courts Administration Service”.

It amends the Federal Court Act and related legislation to create a separate Federal Court of Appeal.

It amends the Tax Court of Canada Act and related legislation to change the status of the Tax Court of Canada to that of a superior court.

It also makes consequential amendments to various other federal statutes.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

This Act may be cited as the Courts Administration Service Act .

PURPOSES OF ACT

Purposes

The purposes of this Act are to

(

a) facilitate coordination and cooperation among the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada for the purpose of ensuring the effective and efficient provision of administrative services to those courts;

(

b) enhance judicial independence by placing administrative services at arm’s length from the Government of Canada and by affirming the roles of chief justices and judges in the management of the courts; and

(

c) enhance accountability for the use of public money in support of court administration while safeguarding the independence of the judiciary.

COURTS ADMINISTRATION SERVICE

Establishment of Service

The Courts Administration Service (in this Act referred to as the “Service”), consisting of the Chief Administrator of the Service and employees of the Service, is hereby established as a portion of the public service of Canada.

Principal office

(1) The principal office of the Service shall be in the National Capital Region described in the

schedule to the National Capital Act .

Other offices

(2) The Chief Administrator may, after consultation with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, establish other offices of the Service elsewhere in Canada.

CHIEF ADMINISTRATOR

Appointment

(1) The Governor in Council shall appoint the Chief Administrator to hold office during pleasure for a term of up to five years.

Re-appointment

(2) The Chief Administrator is eligible for re-appointment at the end of each term of office.

Consultations

(3) The Minister of Justice shall consult the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada with respect to the appointment and re-appointment of the Chief Administrator and, if applicable, the termination of the Chief Administrator’s appointment.

Status of Chief Administrator

(4) The Chief Administrator shall have the rank and status of a deputy head of a department.

Absence or incapacity

(5) If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister of Justice shall appoint another person to act as Chief Administrator. That person may not act as Chief Administrator for more than 90 days unless the Governor in Council, on the recommendation of the Minister of Justice after consultation by that Minister with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, confirms that the person may continue to act as Chief Administrator.

Powers, duties and functions

(6) The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator under this Act or any other Act of Parliament.

Salary and expenses

(1) The Chief Administrator shall receive the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties and functions under this Act while absent from the Chief Administrator’s ordinary place of work.

Compensation

(2) The Chief Administrator is deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under

section 9 of the Aeronautics Act .

POWERS, DUTIES AND FUNCTIONS OF CHIEF ADMINISTRATOR

Chief Administrator

(1) The Chief Administrator is the chief executive officer of the Service and has supervision over and direction of its work and staff.

Powers

(2) The Chief Administrator has all the powers necessary for the overall effective and efficient management and administration of all court services, including court facilities and libraries and corporate services and staffing.

Duties and functions

(3) The Chief Administrator, in consultation with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, shall establish and maintain the registry or registries for those courts in any organizational form or forms and prepare budgetary submissions for the requirements of those courts and for the related needs of the Service.

Limitation

(4) The powers of the Chief Administrator do not extend to any matter assigned by law to the judiciary.

CHIEF JUSTICES

Judicial functions

(1) The Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada are responsible for the judicial functions of their courts, including the direction and supervision over court sittings and the assignment of judicial duties.

Included powers

(2) The direction and supervision over court sittings and the assignment of judicial duties include, without restricting the generality of those terms, the power to

(

a) determine the sittings of the court;

(

b) assign judges to sittings;

(

c) assign cases and other judicial duties to judges;

(

d) determine the sitting schedules and places of sittings for judges;

(

e) determine the total annual, monthly and weekly work load of judges; and

(

f) prepare hearing lists and assign courtrooms.

Directions by Chief Justice

(3) Officers, clerks and employees of the Service shall act at the direction of a chief justice in matters that are assigned by law to the judiciary.

Directions by judge

(4) The persons referred to in subsection (3) who are assigned to or present in a courtroom shall act at the direction of the judge presiding over proceedings in the courtroom while the court is in session.

Direction to Chief Administrator

(1) A chief justice may issue binding directions in writing to the Chief Administrator with respect to any matter within the Chief Administrator’s authority.

Statutory Instruments Act not to apply

(2) The Statutory Instruments Act does not apply to directions issued under subsection (1).

STAFF OF THE SERVICE

Staff to be public servants

The officers, clerks and employees who are required for the purposes of the Service shall be appointed under the Public Service Employment Act .

CONTRACTING FOR SERVICES

Experts

The Chief Administrator may engage on a temporary basis experts or persons who have specialized knowledge for the purposes of advising and assisting the Chief Administrator in the performance of his or her duties and functions in any matter.

REPORT TO PARLIAMENT

Annual report

(1) The Chief Administrator shall, within six months after the end of each fiscal year, send to the Minister of Justice a report on the activities of the Service for that year.

Tabling in Parliament

(2) The Minister of Justice shall have a copy of the report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report.

R.S., c. F-7

AMENDMENTS TO THE FEDERAL COURT ACT

The

long title of the Federal Court Act is replaced by the following:

An Act respecting the Federal Court of Appeal and the Federal Court

Section 1 of the Act is replaced by the following:

Short title

This Act may be cited as the Federal Courts Act .

(1) The

definitions Associate Chief Justice , Chief Justice , Court , Court of Appeal , Federal Court of Appeal , judge and Trial Division in subsection 2(1) of the Act are repealed.

1990, c. 8, s. 1(3)

(2) The definition federal board, commission or other tribunal in subsection 2(1) of the Act is replaced by the following:

federal board, commission or other tribunal

office fédéral

federal board, commission or other tribunal means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under

an Act of Parliament or by or under an order made pursuant to a prerogative of the Crown, other than the Tax Court of Canada or any of its judges, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under

section 96 of the Constitution Act, 1867 ;

(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

Registry

greffe

Registry means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act.

1992, c. 49, s. 127; 1993, c. 34, s. 68(F); 1996, c. 22, s. 1

The heading before

section 3 and sections 3 to 6 of the Act are replaced by the following:

THE COURTS

Federal Court — Appeal Division continued

The division of the Federal Court of Canada called the Federal Court — Appeal Division is continued under the name “Federal Court of Appeal” in English and “Cour d’appel fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.

Federal Court — Trial Division continued

The division of the Federal Court of Canada called the Federal Court — Trial Division is continued under the name “Federal Court” in English and “Cour fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction.

THE JUDGES

Constitution of Federal Court of Appeal

(1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 10 other judges.

Supernumerary judges

(2) For each office of judge of the Federal Court of Appeal, there is an additional office of supernumerary judge that a judge of the Federal Court of Appeal may elect under the Judges Act to hold.

Additional office of judge

(3) For the office of Chief Justice of the Federal Court of Appeal, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold.

Judges of Federal Court

(4) Every judge of the Federal Court is, by virtue of his or her office, a judge of the Federal Court of Appeal and has all the jurisdiction, power and authority of a judge of the Federal Court of Appeal.

Constitution of Federal Court

5.1

(1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, and 19 other judges.

Supernumerary judges

(2) For each office of judge of the Federal Court, there is an additional office of supernumerary judge that a judge of the Federal Court may elect under the Judges Act to hold.

Additional office of judge

(3) For the office of Chief Justice of the Federal Court, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold.

Judges of Federal Court of Appeal

(4) Every judge of the Federal Court of Appeal is, by virtue of that office, a judge of the Federal Court and has all the jurisdiction, power and authority of a judge of the Federal Court.

Appointment of judges

5.2

The judges of the Federal Court of Appeal and the Federal Court are to be appointed by the Governor in Council by letters patent under the Great Seal.

Who may be appointed judge

5.3

A person may be appointed a judge of the Federal Court of Appeal or the Federal Court if the person

(

a) is or has been a judge of a superior, county or district court in Canada;

(

b) is or has been a barrister or advocate of at least 10 years standing at the bar of any province; or

(

c) has, for at least 10 years,

(

i) been a barrister or advocate at the bar of any province, and

(ii)

after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province.

Judges from Quebec

5.4

At least four of the judges of the Federal Court of Appeal and at least six 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.

Rank and precedence

(1) The Chief Justices of the Federal Court of Appeal and the Federal Court and the other judges of those courts have rank and precedence among themselves in the following order:

(

a) the Chief Justice of the Federal Court of Appeal;

(

b) the Chief Justice of the Federal Court;

(

c) the other judges of the Federal Court of Appeal, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court of Appeal; and

(

d) the other judges of the Federal Court, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court.

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 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 .

Subsection 7(1) of the Act is replaced by the following:

Residence of judges

(1) The judges of the Federal Court of Appeal and the Federal Court shall reside in the National Capital Region described in the

schedule to the National Capital Act or within 40 kilometres of that Region.

R.S., c. 16 (3rd Supp.), s. 7(1)

Subsections 8(1) and (2) of the Act are replaced by the following:

Tenure of office

(1) Subject to subsection (2), the judges of the Federal Court of Appeal and the Federal Court hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons.

Cessation of office

(2) A judge of the Federal Court of Appeal or the Federal Court ceases to hold office on becoming 75 years old.

Sections 9 to 11 of the Act are replaced by the following:

Oath of office for judges

(1) Before judges of the Federal Court of Appeal or the Federal Court begin to perform their duties as judges, they shall take an oath that they will duly and faithfully execute their powers and trusts as judges to the best of their skill and knowledge.

How administered — Federal Court of Appeal

(2) The oath shall be administered to the Chief Justice of the Federal Court of Appeal before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.

How administered — Federal Court

(3) The oath shall be administered to the Chief Justice of the Federal Court before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.

Deputy judges of the Federal Court of Appeal

(1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court of Appeal made with the approval of the Governor in Council, act as a judge of the Federal Court of Appeal, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court.

Deputy judges of the Federal Court

(1.1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court made with the approval of the Governor in Council, act as a judge of the Federal Court, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court.

Consent required

(2) No request may be made under subsection (1) or (1.1) to a judge of a superior, county or district court in a province without the consent of the chief justice or chief judge of the court of which he or she is a member, or of the attorney general of the province.

Approval of Governor in Council

(3) The Governor in Council may approve the making of requests under subsection (1) or (1.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section.

Salary of deputy judge

(4) A person who acts as a judge of a court under subsection (1) or (1.1) shall be paid a salary for the period that the judge acts, at the rate fixed by the Judges Act for a judge of the court other than the Chief Justice of the court, 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 .

Meetings

10.1

The judges of the Federal Court of Appeal shall meet at least once in each year, on a day fixed by the Chief Justice of the court, in order to consider this Act, the Rules and the administration of justice, as shall the judges of the Federal Court on a day fixed by the Chief Justice of that court.

BARRISTERS, ADVOCATES, ATTORNEYS AND SOLICITORS

Barrister or advocate

(1) Every person who is a barrister or an advocate in a province may practise as a barrister or an advocate in the Federal Court of Appeal or the Federal Court.

Attorney or solicitor

(2) Every person who is an attorney or a solicitor in a superior court of a province may practise as an attorney or a solicitor in the Federal Court of Appeal or the Federal Court.

Officers of court

(3) Every person who may practise as a barrister, an advocate, an attorney or a solicitor in the Federal Court of Appeal or the Federal Court is an officer of that Court.

(1) Subsection 12(1) of the Act is replaced by the following:

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.

(2) Section 12 of the Act is amended by adding the following after subsection (5):

Immunity from liability

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

Term of office

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

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.

(1) Subsections 13(1) and (2) of the Act are replaced by the following:

Sheriff

(1) The Governor in Council may appoint a sheriff of the Federal Court of Appeal and of the Federal Court for any geographical area.

Ex officio sheriffs

(2) If no sheriff is appointed under subsection (1) for a court for a geographical area, the sheriff and deputy sheriffs of the county or other judicial division or part of the county within that geographical area who are appointed under provincial law are ex officio sheriff and deputy sheriffs, respectively, of the Federal Court of Appeal and of the Federal Court.

(2) Subsection 13(4) of the Act is replaced by the following:

Sheriffs are marshals

(4) Every sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a marshal of that court and every deputy sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a deputy marshal of that court.

Section 14 of the Act and the heading before it are replaced by the following:

JUDICIAL ADMINISTRATORS

Designation

(1) The Chief Justice of the Federal Court of Appeal may designate an employee of the Service as the Judicial Administrator of the Federal Court of Appeal, and the Chief Justice of the Federal Court may designate an employee of the Courts Administration Service as the Judicial Administrator of the Federal Court.

Duties — Federal Court of Appeal

(2) The Judicial Administrator of the Federal Court of Appeal shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including

(

a) the making of an order fixing the time and place of a hearing, or adjourning a hearing;

(

b) arranging for the distribution of judicial business in the court; and

(

c) arranging from time to time for the establishment of any panels of judges of the court that are necessary.

Duties — Federal Court

(3) The Judicial Administrator of the Federal Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including

(

a) the making of an order fixing the time and place of a trial or hearing, or adjourning a trial or hearing; and

(

b) arranging for the distribution of judicial business in the court.

Revocation of designation

(4) A designation made under subsection (1) may be revoked at any time and is automatically revoked when the Chief Justice by whom it was made ceases to hold office as Chief Justice.

1990, c. 8, s. 2

Sections 15 and 16 of the Act are replaced by the following:

Sittings of the Federal Court

(1) Subject to the Rules, any judge of the Federal Court may sit and act at any time and at any place in Canada for the transaction of the business of the court or any part of it and, when a judge so sits or acts, the judge constitutes the court.

Arrangements to be made by Chief Justice of the Federal Court

(2) Subject to the Rules, the Chief Justice of the Federal Court shall make all arrangements that may be necessary or proper for the holding of courts, or otherwise for the transaction of business of the Federal Court, and the arrangements from time to time of judges to hold the courts or to transact that business.

Hearings in different places

(3) The trial or hearing of any matter in the Federal Court may, by order of that court, take place partly at one place and partly at another.

Sittings of the Federal Court of Appeal

(1) Except as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the Federal Court of Appeal, and every application for judicial review or reference to that court, shall be heard in that court before not fewer than three judges sitting together and always before an uneven number of judges. Otherwise, the business of the Federal Court of Appeal shall be dealt with by such judge or judges as the Chief Justice of that court may arrange.

Arrangements to be made by Chief Justice of the Federal Court of Appeal

(2) The Chief Justice of the Federal Court of Appeal shall designate the judges to sit from time to time and the appeals or matters to be heard by them.

Place of sittings

(3) The place of each sitting of the Federal Court of Appeal shall be arranged by the Chief Justice of that court to suit, as nearly as may be, the convenience of the parties.

No judge to hear appeal from own judgment

(4) A judge shall not sit on the hearing of an appeal from a judgment he or she has pronounced.

Chief Justice of Federal Court of Appeal to preside

(5) The Chief Justice of the Federal Court of Appeal, when present at any sittings of that court, shall preside and, in the absence of the Chief Justice, the senior judge of that court who is present shall preside.

The heading before

section 17 of the Act is replaced by the following:

JURISDICTION OF FEDERAL COURT

1990, c. 8, s. 3(1)

(1) Subsection 17(1) of the Act is replaced by the following:

Relief against the Crown

(1) Except as otherwise provided in this Act or any other Act of Parliament, the Federal Court has concurrent original jurisdiction in all cases in which relief is claimed against the Crown.

1990, c. 8, s. 3(1)

(2) The portion of subsection 17(2) of the Act before paragraph (

a) is replaced by the following:

Cases

(2) Without restricting the generality of subsection (1), the Federal Court has concurrent original jurisdiction, except as otherwise provided, in all cases in which

1990, c. 8, s. 3(2)

(3) Subsections 17(3) and (4) of the Act are replaced by the following:

Crown and subject: consent to jurisdiction

(3) The Federal Court has exclusive original jurisdiction to hear and determine the following matters:

(

a) the amount to be paid if the Crown and any person have agreed in writing that the Crown or that person shall pay an amount to be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada; and

(

b) any question of law, fact or mixed law and fact that the Crown and any person have agreed in writing shall be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada.

Conflicting claims against Crown

(4) The Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims.

(4) The portion of subsection 17(5) of the Act before paragraph (

a) is replaced by the following:

Relief in favour of Crown or against officer

(5) The Federal Court has concurrent original jurisdiction

1990, c. 8, s. 3(4)

(5) Subsection 17(6) of the Act is replaced by the following:

Federal Court has no jurisdiction

(6) If

an Act of Parliament confers jurisdiction in respect of a matter on a court constituted or established by or under a law of a province, the Federal Court has no jurisdiction to entertain any proceeding in respect of the same matter unless the Act expressly confers that jurisdiction on that court.

1990, c. 8, s. 4

(1) The portion of subsection 18(1) of the Act before paragraph (

a) is replaced by the following:

Extraordinary remedies, federal tribunals

(1) Subject to

section 28, the Federal Court has exclusive original jurisdiction

1990, c. 8, s. 4

(2) Subsection 18(2) of the Act is replaced by the following:

Extraordinary remedies, members of Canadian Forces

(2) The Federal Court has exclusive original jurisdiction to hear and determine every application for a writ of habeas corpus ad subjiciendum, writ of certiorari , writ of prohibition or writ of mandamus in relation to any member of the Canadian Forces serving outside Canada.

1990, c. 8, s. 5

(1) Subsection 18.1(2) of the Act is replaced by the following:

Time limitation

(2) An application for judicial review in respect of a decision or an order of a federal board, commission or other tribunal shall be made within 30 days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days.

1990, c. 8, s. 5

(2) The portion of subsection 18.1(3) of the Act before paragraph (

a) is replaced by the following:

Powers of Federal Court

(3) On an application for judicial review, the Federal Court may

1990, c. 8, s. 5

(3) The portion of subsection 18.1(4) of the Act before paragraph (

a) is replaced by the following:

Grounds of review

(4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal

1990, c. 8, s. 5

(4) Subsection 18.1(5) of the Act is replaced by the following:

Defect in form or technical irregularity

(5) If the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court may

(

a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and

(

b) in the case of a defect in form or a technical irregularity in a decision or an order, make an order validating the decision or order, to have effect from any time and on any terms that it considers appropriate.

1990, c. 8, s. 5

Sections 18.2 to 19 of the Act are replaced by the following:

Interim orders

18.2

On an application for judicial review, the Federal Court may make any interim orders that it considers appropriate pending the final disposition of the application.

Reference by federal tribunal

18.3

(1) A federal board, commission or other tribunal may at any stage of its proceedings refer any question or issue of law, of jurisdiction or of practice and procedure to the Federal Court for hearing and determination.

Reference by Attorney General of Canada

(2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act , refer any question or issue of the constitutional validity, applicability or operability of

an Act of Parliament or of regulations made under

an Act of Parliament to the Federal Court for hearing and determination.

Hearings in

summary way

18.4

(1) Subject to subsection (2), an application or reference to the Federal Court under any of sections 18.1 to 18.3 shall be heard and determined without delay and in a

summary way.

Exception

(2) The Federal Court may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action.

Exception to sections 18 and 18.1

18.5

Despite sections 18 and 18.1, if

an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.

Intergovernmental disputes

If the legislature of a province has passed

an Act agreeing that the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada has jurisdiction in cases of controversies between Canada and that province, or between that province and any other province or provinces that have passed a like Act, the Federal Court has jurisdiction to determine the controversies.

(1) The portion of subsection 20(1) of the Act before paragraph (

a) is replaced by the following:

Industrial property, exclusive jurisdiction

(1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,

1990, c. 37, s. 34(2)

(2) Subsection 20(2) of the Act is replaced by the following:

Industrial property, concurrent jurisdiction

(2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of

an Act of Parliament or at law or in equity respecting any patent of invention, copyright, trade-mark, industrial design or topography referred to in paragraph (1)( a ).

Section 21 of the Act is replaced by the following:

Citizenship appeals

The Federal Court has exclusive jurisdiction to hear and determine all appeals that may be brought under subsection 14(5) of the Citizenship Act .

(1) Subsection 22(1) of the Act is replaced by the following:

Navigation and shipping

(1) The Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping, except to the extent that jurisdiction has been otherwise specially assigned.

(2) The portion of subsection 22(2) of the Act before paragraph (

a) is replaced by the following:

Maritime jurisdiction

(2) Without limiting the generality of subsection (1), for greater certainty, the Federal Court has jurisdiction with respect to all of the following:

(3) Paragraph 22(2)(

o) of the English version of the Act is replaced by the following:

(

o) any claim by a master, officer or member of the crew of a ship for wages, money, property or other remuneration or benefits arising out of his or her employment;

(4) The portion of subsection 22(3) of the Act before paragraph (

a) is replaced by the following:

Jurisdiction applicable

(3) For greater certainty, the jurisdiction conferred on the Federal Court by this

section applies

The portion of

section 23 of the Act before paragraph (

a) is replaced by the following:

Bills of exchange and promissory notes — aeronautics and interprovincial works and undertakings

Except to the extent that jurisdiction has been otherwise specially assigned, the Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under

an Act of Parliament or otherwise in relation to any matter coming within any of the following classes of subjects:

1990, c. 8, s. 6

Sections 24 to 26 of the Act are replaced by the following:

Extraprovincial jurisdiction

The Federal Court has original jurisdiction, between subject and subject as well as otherwise, in any case in which a claim for relief is made or a remedy is sought under or by virtue of the laws of Canada if no other court constituted, established or continued under any of the Constitution Acts, 1867 to 1982 has jurisdiction in respect of that claim or remedy.

General original jurisdiction

The Federal Court has original jurisdiction in respect of any matter, not allocated specifically to the Federal Court of Appeal, in respect of which jurisdiction has been conferred by

an Act of Parliament on the Federal Court of Appeal, the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada.

1990, c. 8, s. 7(1)

(1) Subsection 27(1) of the Act is replaced by the following:

Appeals from Federal Court

(1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court:

(

a) a final judgment;

(

b) a judgment on a question of law determined before trial;

(

c) an interlocutory judgment; or

(

d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada.

R.S., c. 51 (4th Supp.), s. 11(1); 1993, c. 27, s. 214

(2) Subsection 27(1.1) of the English version of the Act is replaced by the following:

Appeals from Tax Court of Canada, except from informal procedure

(1.1) An appeal lies to the Federal Court of Appeal from

(

a) a final judgment of the Tax Court of Canada, other than one in respect of which

section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies;

(

b) a judgment of the Tax Court of Canada, other than one in respect of which

section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies, on a question of law determined before trial; or

(

c) an interlocutory judgment or order of the Tax Court of Canada, other than one in respect of which

section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

R.S., c. 51 (4th Supp.), s. 11(2); 1990, c. 8, s. 78(1)(E)

(3) Subsections 27(2) and (3) of the Act are replaced by the following:

Appeals from informal procedure in Tax Court of Canada

(1.2) An appeal lies to the Federal Court of Appeal from a final judgment of the Tax Court of Canada in respect of which

section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.

Grounds for appeal

(1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada

(

a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

(

b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

(

c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;

(

d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

(

e) acted, or failed to act, by reason of fraud or perjured evidence; or

(

f) acted in any other way that was contrary to law.

Hearing in

summary way

(1.4) An appeal under subsection (1.2) shall be heard and determined without delay and in a

summary way.

Notice of appeal

(2) An appeal under this

section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appeal

(

a) in the case of an interlocutory judgment, within 10 days after the pronouncement of the judgment or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 10 days; and

(

b) in any other case, within 30 days, not including any days in July and August, after the pronouncement of the judgment or determination appealed from or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 30 days.

Service

(3) All parties directly affected by an appeal under this

section shall be served without delay with a true copy of the notice of appeal, and evidence of the service shall be filed in the Registry of the Federal Court of Appeal.

1990, c. 8, s. 8

(1) The portion of subsection 28(1) of the Act before paragraph (

a) is replaced by the following:

Judicial review

(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.

1990, c. 8, s. 8

(3) Subsections 28(2) and (3) of the Act are replaced by the following:

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.

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.

1990, c. 8, s. 9

(1) Subsection 36(1) of the Act is replaced by the following:

Prejudgment interest — cause of action within province

(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.

1990, c. 8, s. 9

(2) The portion of subsection 36(2) of the Act before paragraph (

a) is replaced by the following:

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

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;

1990, c. 8, s. 9

(4) Subsection 36(5) of the Act is replaced by the following:

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.

1990, c. 8, s. 9

Section 37 of the Act is replaced by the following:

Judgment interest — causes of action within province

(1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments of the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

Judgment interest — causes of action outside or in more than one province

(2) A judgment of the Federal Court of Appeal or the Federal Court in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province bears interest at the rate that court considers reasonable in the circumstances, calculated from the time of the giving of the judgment.

(1) Subsection 39(1) of the Act is replaced by the following:

Prescription and limitation on proceedings

(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:

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.

1990, c. 8, s. 11

Section 40 of the Act is replaced by the following:

Vexatious proceedings

(1) If the Federal Court of Appeal or the Federal Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in that court or that a proceeding previously instituted by the person in that court not be continued, except by leave of that court.

Attorney General of Canada

(2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3).

Application for rescission or leave to proceed

(3) A person against whom a court has made an order under subsection (1) may apply to the court for rescission of the order or for leave to institute or continue a proceeding.

Court may grant leave

(4) If an application is made to a court under subsection (3) for leave to institute or continue a proceeding, the court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.

No appeal

(5) A decision of the court under subsection (4) is final and is not subject to appeal.

(1) Subsections 43(1) to (3) of the Act are replaced by the following:

Jurisdiction in personam

(1) Subject to subsection (4), the jurisdiction conferred on the Federal Court by

section 22 may in all cases be exercised in personam .

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.

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:

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.

1990, c. 8, s. 12

(4) Subsections 43(8) and (9) of the Act are replaced by the following:

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.

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.

Section 44 of the Act is replaced by the following:

Mandamus , injunction, specific performance or appointment of receiver

In addition to any other relief that the Federal Court of Appeal or the Federal Court may grant or award, a mandamus , an injunction or an order for specific performance may be granted or a receiver appointed by that court in all cases in which it appears to the court to be just or convenient to do so. The order may be made either unconditionally or on any terms and conditions that the court considers just.

Section 45 of the Act is replaced by the following:

Giving of judgment after judge ceases to hold office

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

Taking

part in giving of judgment after judge of Federal Court of Appeal ceases to hold office

(2) If a judge of the Federal Court of Appeal who resigns or is appointed to another court or otherwise ceases to hold office has heard a cause, an action or a matter in the Federal Court of Appeal jointly with other judges of that court, the judge may, at the request of the Chief Justice of the Federal Court of Appeal, at any time within eight weeks after the resignation, appointment or other ceasing to hold office, take

part in the giving of judgment by that court as if he or she had continued in office.

If judge unable to take

part in giving of judgment

(3) If a person to whom subsection (2) applies or any other judge by whom a matter in the Federal Court of Appeal has been heard is unable to take

part in the giving of judgment or has died, the remaining judges may give judgment and, for that purpose, are deemed to constitute the Federal Court of Appeal.

1990, c. 8, s. 13

(1) Paragraphs 45.1(1)(

a) to (

c) of the Act are replaced by the following:

(

a) the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court;

(

b) three judges designated by the Chief Justice of the Federal Court of Appeal and five judges designated by the Chief Justice of the Federal Court;

( b.1 )

the Chief Administrator of the Courts Administration Service;

(

c) five members of the bar of any province designated by the Attorney General of Canada, after consultation with the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court; and

1990, c. 8, s. 13

(2) Subsections 45.1(2) and (3) of the Act are replaced by the following:

Representation

(2) The persons referred to in paragraph (1)(

c) should be representative of the different regions of Canada and have experience in fields of law in respect of which the Federal Court of Appeal and the Federal Court have jurisdiction.

Chief Justice shall preside

(3) The Chief Justice of the Federal Court of Appeal or a member designated by the Chief Justice shall preside over the rules committee.

(1) The portion of paragraph 46(1)(

a) of the Act before subparagraph (

i) is replaced by the following:

(

a) for regulating the practice and procedure in the Federal Court of Appeal and in the Federal Court, including, without restricting the generality of the foregoing,

(2) Subparagraph 46(1)( a )(

v) of the Act is replaced by the following:

(

v) rules governing the taking of evidence before a judge or any other qualified person, in or outside Canada, before or during trial and on commission or otherwise, of any person at a time either before or after the commencement of proceedings in the Federal Court of Appeal or the Federal Court to enforce the claim or possible claim in respect of which the evidence is required,

1990, c. 8, s. 14(2)

(3) Subparagraph 46(1)( a )(

x) of the Act is replaced by the following:

(

x) rules governing the material to be furnished to the Federal Court of Appeal or the Federal Court by the Tax Court of Canada or any federal board, commission or other tribunal, for the purposes of any appeal, application or reference;

(4) Paragraphs 46(1)(

c) and (

d) of the Act are replaced by the following:

(

c) for the effectual execution and working of any Act by or under which jurisdiction is conferred on the Federal Court of Appeal or the Federal Court or on any judge of either court in respect of proceedings in that court and the attainment of the intention and objects of that Act;

(

d) for fixing the fees to be paid by a party to the Registry of the Federal Court of Appeal and of the Federal Court for payment into the Consolidated Revenue Fund in respect of proceedings in those courts;

(5) Paragraph 46(1)(

e) of the English version of the Act is replaced by the following:

(

e) for regulating the duties of officers of the Federal Court of Appeal or the Federal Court;

(6) Paragraph 46(1)(

g) of the English version of the Act is replaced by the following:

(

g) for awarding and regulating costs in the Federal Court of Appeal or the Federal Court in favour of or against the Crown, as well as the subject;

(7) Paragraphs 46(1)(

h) and (

i) of the Act are replaced by the following:

(

h) empowering a prothonotary to exercise any authority or jurisdiction, subject to supervision by the Federal Court, even though the authority or jurisdiction may be of a judicial nature;

(

i) permitting a judge or prothonotary to vary a rule or to dispense with compliance with a rule in special circumstances;

(

j) despite subsection 28(3), providing for the enforcement of orders of the Federal Court of Appeal in the Federal Court;

(

k) designating

an act or omission of a person to be in contempt of court, respecting the procedure to be followed in proceedings for contempt and establishing penalties for a finding of contempt; and

(

l) dealing with any other matter that any provision of this Act contemplates being the subject of a rule or the Rules.

Sections 48 and 49 of the Act are replaced by the following:

How proceeding against Crown instituted

(1) A proceeding against the Crown shall be instituted by filing in the Registry of the Federal Court the original and two copies of a document that may be in the form set out in the

schedule and by payment of the sum of $2 as a filing fee.

Procedure for filing originating document

(2) The original and two copies of the originating document may be filed as required by subsection (1) by being forwarded, together with a remittance for the filing fee, by registered mail addressed to “The Registry, The Federal Court, Ottawa, Canada”.

No juries

All causes or matters before the Federal Court of Appeal or the Federal Court shall be heard and determined without a jury.

(1) The portion of subsection 50(1) of the Act before paragraph (

a) is replaced by the following:

Stay of proceedings authorized

(1) The Federal Court of Appeal or the Federal Court may, in its discretion, stay proceedings in any cause or matter

(2) Subsections 50(2) and (3) of the Act are replaced by the following:

Stay of proceedings required

(2) The Federal Court of Appeal or the Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown if it appears that the claimant has an action or a proceeding in respect of the same claim pending in another court against a person who, at the time when the cause of action alleged in the action or proceeding arose, was, in respect of that matter, acting so as to engage the liability of the Crown.

Lifting of stay

(3) A court that orders a stay under this

section may subsequently, in its discretion, lift the stay.

1990, c. 8, s. 16

(1) Subsection 50.1(1) of the Act is replaced by the following:

Stay of proceedings

50.1

(1) The Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown where the Crown desires to institute a counter-claim or third-party proceedings in respect of which the Federal Court lacks jurisdiction.

1990, c. 8, s. 16

(2) Subsection 50.1(2) of the English version of the Act is replaced by the following:

Recommence in provincial court

(2) If the Federal Court stays proceedings under subsection (1), the party who instituted them may recommence the proceedings in a court constituted or established by or under a law of a province and otherwise having jurisdiction with respect to the subject-matter of the proceedings.

1990, c. 8, s. 16

(3) Subsection 50.1(3) of the Act is replaced by the following:

Prescription and limitation of actions

(3) If proceedings are recommenced under subsection (2) within 100 days after the proceedings are stayed in the Federal Court, the claim against the Crown in the recommenced proceedings is deemed, for the purposes of any laws relating to prescription and the limitation of actions, to have been instituted on the day the proceedings in the Federal Court were instituted.

Section 51 of the Act is replaced by the following:

Reasons for judgment to be filed

If a judge gives reasons for a judgment pronounced by the judge or pronounced by a court of which the judge was a member, the judge shall file a copy of the reasons in the Registry of the court.

The heading before

section 52 of the Act is replaced by the following:

JUDGMENTS OF FEDERAL COURT OF APPEAL

The portion of

section 52 of the Act before subparagraph ( c )(

i) is replaced by the following:

Powers of Federal Court of Appeal

The Federal Court of Appeal may

(

a) quash proceedings in cases brought before it in which it has no jurisdiction or whenever those proceedings are not taken in good faith;

(

b) in the case of an appeal from the Federal Court,

(

i) dismiss the appeal or give the judgment and award the process or other proceedings that the Federal Court should have given or awarded,

(ii)

in its discretion, order a new trial if the ends of justice seem to require it, or

(iii)

make a declaration as to the conclusions that the Federal Court should have reached on the issues decided by it and refer the matter back for a continuance of the trial on the issues that remain to be determined in light of that declaration; and

(

c) in the case of an appeal other than an appeal from the Federal Court,

Sections 53 and 54 of the Act are replaced by the following:

Taking of evidence

(1) The evidence of any witness may by order of the Federal Court of Appeal or the Federal Court be taken, subject to any rule or order that may relate to the matter, on commission, on examination or by affidavit.

Admissibility of evidence

(2) Evidence that would not otherwise be admissible is admissible, in the discretion of the Federal Court of Appeal or the Federal Court and subject to any rule that may relate to the matter, if it would be admissible in a similar matter in a superior court of a province in accordance with the law in force in any province, even though it is not admissible under

section 40 of the Canada Evidence Act .

Who may administer oath, affidavit or affirmation

(1) All persons authorized to take and receive affidavits to be used in any of the superior courts of a province may administer oaths and take and receive affidavits, declarations and solemn affirmations to be used in the Federal Court of Appeal or the Federal Court.

Person empowered by commission

(2) The Governor in Council may, by commission, empower any person who the Governor in Council thinks necessary, in or outside Canada, to administer oaths and to take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Federal Court of Appeal or the Federal Court.

Oath, affidavit or affirmation is valid

(3) Every oath, affidavit, declaration or solemn affirmation taken or made under this

section is as valid and of the same effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Federal Court of Appeal or the Federal Court.

Style of commissioner

(4) Every commissioner empowered under subsection (2) shall be styled a commissioner for administering oaths in the Federal Court of Appeal and the Federal Court.

1996, c. 31, s. 83

(1) Subsection 55(1) of the Act is replaced by the following:

Application of process

(1) The process of the Federal Court of Appeal and of the Federal Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable.

(2) Subsections 55(4) and (5) of the Act are replaced by the following:

Sheriff to execute process

(4) A sheriff or marshal shall execute the process of the Federal Court of Appeal or the Federal Court that is directed to the sheriff or marshal, whether or not it requires the sheriff or marshal to act outside their geographical jurisdiction, and shall perform all other duties expressly or impliedly assigned to the sheriff or marshal by the Rules.

Federal Court process if absence or incapacity of sheriff

(5) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

Federal Court of Appeal process if absence or incapacity of sheriff

(6) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court of Appeal shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

(1) Subsections 56(1) and (2) of the Act are replaced by the following:

Analogy to provincial process

(1) In addition to any writs of execution or other process that are prescribed by the Rules for enforcement of its judgments or orders, the Federal Court of Appeal or the Federal Court may issue process against the person or the property of any party, of the same tenor and effect as those that may be issued out of any of the superior courts of the province in which a judgment or an order is to be executed, and if, by the law of that province, an order of a judge is required for the issue of a process, a judge of that court may make a similar order with respect to like process to issue out of that court.

Process against person

(2) No person shall be taken into custody under process of execution for debt issued out of the Federal Court of Appeal or the Federal Court.

(2) Subsection 56(3) of the English version of the Act is replaced by the following:

Process against property

(3) All writs of execution or other process against property, whether prescribed by the Rules or authorized by subsection (1), shall

(

a) unless otherwise provided by the Rules, be executed, with respect to the property liable to execution and the mode of seizure and sale, as nearly as possible in the same manner as similar writs or process that are issued out of the superior courts of the province in which the property to be seized is situated are, by the law of that province, required to be executed; and

(

b) bind property in the same manner as similar writs or process issued by the provincial superior courts, and the rights of purchasers under the writs or process are the same as those of purchasers under those similar writs or process.

(3) Subsection 56(4) of the Act is replaced by the following:

Claim against property seized

(4) Every claim made by a person to property seized under a writ of execution or other process issued out of the Federal Court of Appeal or the Federal Court, or to the proceeds of its sale, shall, unless otherwise provided by the Rules, be heard and disposed of as nearly as may be according to the procedure applicable to like claims to property seized under similar writs or process issued out of the courts of the provinces.

1990, c. 8, s. 19

(1) Subsections 57(1) and (2) of the Act are replaced by the following:

Constitutional questions

(1) If the constitutional validity, applicability or operability of

an Act of Parliament or of the legislature of a province, or of regulations made under such

an Act, is in question before the Federal Court of Appeal or the Federal Court or a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act , the Act or regulation shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2).

Time of notice

(2) The notice must be served at least 10 days before the day on which the constitutional question is to be argued, unless the Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, orders otherwise.

1990, c. 8, s. 19

(2) Subsection 57(3) of the English version of the Act is replaced by the following:

Notice of appeal or application for judicial review

(3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal or application for judicial review made in respect of the constitutional question.

1990, c. 8, s. 19

(3) Subsection 57(4) of the Act is replaced by the following:

Right to be heard

(4) The Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, in respect of the constitutional question.

1990, c. 8, s. 19

(4) Subsection 57(5) of the English version of the Act is replaced by the following:

Appeal

(5) If the Attorney General of Canada or the attorney general of a province makes submissions, that attorney general is deemed to be a party to the proceedings for the purpose of any appeal in respect of the constitutional question.

1990, c. 8, s. 19

Section 57.1 of the Act is replaced by the following:

Fees to be paid to Receiver General

57.1

All fees payable in respect of proceedings in the Federal Court of Appeal or the Federal Court shall be paid to the Receiver General unless they are, in accordance with an arrangement made by the Minister of Justice, to be received and dealt with in the same manner as amounts paid as provincial court fees, in which case they shall be dealt with as so provided.

Subsections 58(1) and (2) of the Act are replaced by the following:

Law reports editor

(1) The Minister of Justice shall appoint or designate a fit and proper person to be editor of the official reports of the decisions of the Federal Court of Appeal and the Federal Court and may appoint a committee of not more than five persons to advise the editor.

Contents

(2) The editor shall include in the reports only the decisions or the parts of them that, in the editor’s opinion, are of sufficient significance or importance to warrant publication in the reports.

Section 59 of the Act is replaced by the following:

Police services

Any services or assistance in connection with the conduct of the hearings of the Federal Court of Appeal and of the Federal Court, the security of those courts and their premises and of staff of the Courts Administration Service, or in connection with the execution of orders and judgments of those courts, that may, having regard to the circumstances, be found necessary shall be provided, at the request of the Chief Justice of each of those courts, by the Royal Canadian Mounted Police or any other police force that the Governor in Council may designate.

The

schedule to the Act is replaced by the

schedule set out in the

schedule to this Act.

R.S., c. T-2

AMENDMENTS TO THE TAX COURT OF CANADA ACT

(1) The

definitions Associate Chief Judge and Chief Judge in

section 2 of the English version of the Tax Court of Canada Act are repealed.

(2) The definition judge in

section 2 of the English version of the Act is replaced by the following:

judge

juge

judge means a judge of the Court and, unless the context otherwise requires, includes the Chief Justice and Associate Chief Justice;

(3) Section 2 of the Act is amended by adding the following in alphabetical order:

Registry

greffe

Registry means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act.

(4) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

Associate Chief Justice

juge en chef adjoint

Associate Chief Justice means the Associate Chief Justice of the Court;

Chief Justice

juge en chef

Chief Justice means the Chief Justice of the Court;

Section 3 of the Act is replaced by the following:

Tax Court of Canada continued

The Tax Court of Canada is continued under the name of the Tax Court of Canada as a superior court of record.

(1) Paragraphs 4(1)(

a) and (

b) of the English version of the Act are replaced by the following:

(

a) a chief justice called the Chief Justice of the Tax Court of Canada;

(

b) an associate chief justice called the Associate Chief Justice of the Tax Court of Canada; and

1996, c. 22, s. 3

(2) Paragraph 4(3)(

a) of the Act is replaced by the following:

(

a) is or has been a judge of a superior court in Canada;

(3) Subsection 4(4) of the Act is replaced by the following:

Chief Justice or Associate Chief Justice to be from Quebec

(4) Either the Chief Justice or the Associate Chief Justice shall be a person who is or was a member of the bar of the Province of Quebec.

(1) Subsections 5(1) and (2) of the English version of the Act are replaced by the following:

Chief Justice and Associate Chief Justice to have rank and precedence over all judges

(1) The Chief Justice, and after the Chief Justice the Associate Chief Justice, has rank and precedence over all the other judges.

Rank and precedence among other judges

(2) The other judges have rank and precedence after the Chief Justice and the Associate Chief Justice and among themselves according to seniority determined by reference to the respective times when they became judges of the Court or members of the Tax Review Board.

R.S., c. 51 (4th Supp.), s. 3

(2) Subsection 5(3) of the Act is replaced by the following:

Incapacity of Chief Justice, etc.

(3) If the office of Chief Justice is vacant, or the Chief Justice is for any reason unable to act, the powers of the Chief Justice shall be exercised and the duties of the Chief Justice shall be performed

(

a) by the Associate Chief Justice;

(

b) in the event of the incapacity of the Associate Chief Justice or if the office of Associate Chief Justice is vacant, by a judge designated by the Chief Justice for that purpose; or

(

c) in the event of the incapacity of the judge referred to in paragraph ( b ), or if the Chief Justice has not designated a judge under that paragraph, by the senior judge 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 .

Subsection 6(2) of the Act is repealed.

(1) Subsection 8(1) of the English version of the Act is replaced by the following:

Oath of office

(1) Every judge shall, before entering on the duties of their office, take an oath that they will duly and faithfully, and to the best of their skill and knowledge, execute the powers and trusts reposed in them as a judge of the Court.

(2) Subsection 8(2) of the Act is replaced by the following:

How administered

(2) The oath referred to in subsection (1) shall be administered to the Chief Justice before the Governor General, and to the other judges by the Chief Justice or, in the absence or incapacity of the Chief Justice, by any other judge.

1998, c. 19, s. 289

(1) Subsection 9(1) of the Act is replaced by the following:

Deputy judges of the Court

(1) Subject to subsection (3), any judge or former judge of a superior court in Canada or any judge or former judge of any other court who was appointed under

an Act of the legislature of a province may, at the request of the Chief Justice 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.

(2) Subsection 9(4) of the English version of the Act is replaced by the following:

Salary

(4) A person who acts as a judge for a period under subsection (1) shall be paid a salary for the period at the rate fixed by the Judges Act for a judge of the Court, other than the Chief Justice or the Associate Chief Justice, less any amount otherwise payable to the person under that Act in respect of the period, and shall also be paid the travel allowances that a judge is entitled to be paid under that Act.

Section 11 of the English version of the Act is replaced by the following:

Additional office of judge

For each of the offices of Chief Justice and Associate Chief Justice, there shall be an additional office of judge that the Chief Justice or Associate Chief Justice, respectively, may elect under the Judges Act to hold.

Section 13 of the Act is replaced by the following:

Contempt against Court

The Court has the power, jurisdiction and authority to deal with and impose punishment for contempt against the Court, whether or not committed in the face of the Court.

R.S., c. 51 (4th Supp.), s. 5

Subsection 14(2) of the English version of the Act is replaced by the following:

Arrangements to be made by Chief Justice

(2) Subject to the rules of Court, all arrangements that may be necessary or proper for the transaction of the business of the Court and the assignment from time to time of judges to transact that business shall be made by the Chief Justice.

R.S., c. 51 (4th Supp.), s. 5

Section 14.1 of the Act is replaced by the following:

Police force

14.1

Any services or assistance in connection with the conduct of the Court’s hearings, the security of the Court and its premises and of staff of the Courts Administration Service that may, having regard to the circumstances, be found necessary shall be provided, at the request of the Chief Justice, by the Royal Canadian Mounted Police or any other police force that the Governor in Council may designate.

R.S., c. 51 (4th Supp.), s. 5

Section 16 of the English version of the Act is replaced by the following:

Giving of judgment after judge ceases to hold office

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

R.S., c. 51 (4th Supp.), s. 5

Section 17.4 of the Act is replaced by the following:

Judgment shall be mailed

17.4

When the Court has rendered its judgment in a proceeding in respect of which this

section applies, a copy of the judgment and any written reasons for it shall be sent to each party to the proceeding.

R.S., c. 51 (4th Supp.), s. 5

Sections 17.6 and 17.7 of the Act are replaced by the following:

Appeals to Federal Court of Appeal

17.6

An appeal from a judgment of the Court in a proceeding in respect of which this

section applies lies to the Federal Court of Appeal in accordance with

section 27 of the Federal Courts Act .

Procedure

17.7

A party wishing to appeal to the Federal Court of Appeal from a judgment of the Court in a proceeding in respect of which this

section applies shall give notice of appeal to the Registry of the Federal Court of Appeal and all provisions of the Federal Courts Act and the rules made under that Act governing appeals to the Federal Court of Appeal apply, with any modifications that the circumstances require, in respect of the appeal.

R.S., c. 51 (4th Supp.), s. 5

Subsection 18.19(1) of the Act is replaced by the following:

Notice of hearing

18.19

(1) When the date of a hearing has been fixed, a copy of the notice of hearing shall, not later than thirty days before that date, be sent by registered mail to all parties, or served on all parties.

1993, c. 27, s. 220(2)

Subsection 18.22(3) of the Act is replaced by the following:

Copy of decision

(3) On the disposition of an appeal referred to in

section 18, a copy of the decision and written reasons for the decision, if any, shall be forwarded by registered mail to the Minister of National Revenue and to each party to the appeal.

R.S., c. 51 (4th Supp.), s. 5

Sections 18.24 and 18.25 of the Act are replaced by the following:

Final judgment

18.24

An appeal from a judgment of the Court in a proceeding in respect of which this

section applies lies to the Federal Court of Appeal in accordance with

section 27 of the Federal Courts Act .

Costs

18.25

If the Minister of National Revenue appeals a judgment referred to in

section 18.24, the reasonable and proper costs of the taxpayer in respect of the appeal shall be paid by Her Majesty in right of Canada.

1990, c. 45, s. 61

The portion of

section 18.3008 of the Act before paragraph (

a) is replaced by the following:

Costs on further appeal

18.3008

If a judgment on an appeal referred to in

section 18.3001 is appealed by the Minister of National Revenue under

section 27 of the Federal Courts Act , the reasonable and proper costs of the appeal under that

section of the person who brought the appeal referred to in

section 18.3001 shall be borne by Her Majesty in right of Canada if that appeal was an appeal for which

The Act is amended by adding the following after

section 19:

GENERAL

Vexatious proceedings

19.1

(1) If the Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in the Court or that a proceeding previously instituted by the person in the Court not be continued, except by leave of the Court, and may award costs against the person in accordance with the rules of the Court.

Attorney General of Canada

(2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3).

Application for rescission or leave to proceed

(3) A person against whom the Court has made an order under subsection (1) may apply to the Court for rescission of the order or for leave to institute or continue a proceeding.

Court may grant leave

(4) If an application is made to the Court under subsection (3) for leave to institute or continue a proceeding, the Court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.

No appeal

(5) A decision of the Court under subsection (4) is final and is not subject to appeal.

Constitutional questions

19.2

(1) If the constitutional validity, applicability or operability of

an Act of Parliament or its regulations is in question before the Court, the Act or regulations shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2).

Time of notice

(2) The notice must be served at least 10 days before the day on which the constitutional question is to be argued, unless the Court orders otherwise.

Notice of appeal

(3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal to the Federal Court of Appeal made in respect of the constitutional question.

Right to be heard

(4) The Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the Court in respect of the constitutional question.

Appeal

(5) If the Attorney General of Canada or the attorney general of a province makes submissions, that attorney general is deemed to be a party to the proceedings for the purpose of any appeal in respect of the constitutional question.

Subsection 20(1.1) of the Act is amended by striking out the word “and” at the end of paragraph (

i) and by adding the following after paragraph ( j ):

(

k) designating

an act or omission of a person to be in contempt of court, respecting the procedure to be followed in proceedings for contempt and establishing penalties for a finding of contempt; and

(

l) for awarding and regulating costs in the Court against a person who is subject to an order under subsection 19.1(1).

R.S., c. 51 (4th Supp.), s. 7

(1) Paragraphs 22(1)(

a) and (

b) of the English version of the Act are replaced by the following:

(

a) the Chief Justice;

(

b) the Associate Chief Justice;

R.S., c. 51 (4th Supp.), s. 7

(2) Paragraph 22(1)(

c) of the Act is replaced by the following:

(

c) three judges of the Court that are designated from time to time by the Chief Justice;

( c.1 )

the Chief Administrator of the Courts Administration Service;

R.S., c. 51 (4th Supp.), s. 7

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

President

(2) The Chief Justice or, in the Chief Justice’s absence, the Associate Chief Justice shall preside over the rules committee.

Section 23 of the Act is replaced by the following:

Designation of Judicial Administrator

(1) The Chief Justice may designate an employee of the Courts Administration Service as the Judicial Administrator of the Court.

Duties

(2) The Judicial Administrator of the Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of the Court, in accordance with the instructions given by the Chief Justice, including

(

a) the making of an order fixing the time and place of a hearing, or adjourning a hearing; and

(

b) arranging for the distribution of judicial business in the Court.

Revocation of designation

(3) A designation made under subsection (1) may be revoked at any time and is automatically revoked when the Chief Justice by whom it was made ceases to hold office as Chief Justice.

The English version of the Act is amended by replacing the word “he” with the expression “he or she” in the following provisions:

( a )

subsection 9(2); and

( b )

subsection 19(2).

R.S., c. J-1

AMENDMENTS TO THE JUDGES ACT

1992, c. 51, s. 2(2)

The definition judge in

section 2 of the English version of the Judges Act is replaced by the following:

judge

juge

judge includes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge, senior judge and regional senior judge.

2001, c. 7, s. 2

(1) The portion of paragraph 10(

a) of the Act before subparagraph (

i) is replaced by the following:

(

a) The Chief Justice of the Federal Court of Appeal

2001, c. 7, s. 2

(2) Paragraph 10(

c) of the Act is replaced by the following:

(

c) The Chief Justice of the Federal Court

(

i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii)

for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (

d) remains the same as the ratio between $217,100 and $198,000,

(iii)

for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (

d) remains the same as the ratio between $217,100 and $198,000, and

(iv)

for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (

d) remains the same as the ratio between $217,100 and $198,000; and

2001, c. 7, s. 2

(3) The portion of paragraph 10(

d) of the Act before subparagraph (

i) is replaced by the following:

(

d) The other judges of the Federal Court, each

2001, c. 7, s. 3

Paragraphs 11(

a) and (

b) of the English version of the Act are replaced by the following:

(

a) The Chief Justice

(

i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii)

for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (

c) remains the same as the ratio between $217,100 and $198,000,

(iii)

for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (

c) remains the same as the ratio between $217,100 and $198,000, and

(iv)

for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (

c) remains the same as the ratio between $217,100 and $198,000;

(

b) The Associate Chief Justice

(

i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii)

for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (

c) remains the same as the ratio between $217,100 and $198,000,

(iii)

for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (

c) remains the same as the ratio between $217,100 and $198,000, and

(iv)

for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (

c) remains the same as the ratio between $217,100 and $198,000; and

2001, c. 7, s. 18

Subsection 26.3(3) of the Act is replaced by the following:

Determination of costs

(3) A prothonotary of the Federal Court shall determine the amount of costs, on a solicitor-and-client basis, as if the assessment of costs were an assessment of costs under subsection 413(1) of the Federal Court Rules, 1998 , with any modifications that the circumstances require.

R.S., c. 51 (4th Supp.), s. 14; 1996, c. 30, s. 2(1)

(1) Subsections 27(3) to (4) of the Act are replaced by the following:

Additional allowance — Federal Courts and Tax Court of Canada

(3) There shall be paid to every judge of the Federal Court of Appeal, the Federal Court and the Tax Court of Canada who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $2,000 as compensation for special incidental expenditures inherent in the exercise of their office as judge.

Continuance in force of subsection (3)

(4) Subsection (3) shall continue in force for so long as subsection 57(2) continues in force in relation to judges of superior courts in the provinces.

1999, c. 3, s. 73(2); 2000, c. 12, s. 168

(2) Subsection 27(6) of the English version of the Act is replaced by the following:

Representational allowance

(6) A chief justice, a puisne judge of the Supreme Court of Canada, the Chief Justice of the Court of Appeal of the Yukon Territory, the Chief Justice of the Court of Appeal of the Northwest Territories, the Chief Justice of the Court of Appeal of Nunavut, the senior judge of the Supreme Court of the Yukon Territory, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or their spouse or common-law partner in discharging the special extra-judicial obligations and responsibilities that devolve on the justice or judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated in respect of each office in subsection (7).

2001, c. 7, s. 19(2)

(3) Paragraphs 27(7)(

c) and (

d) of the Act are replaced by the following:

(

c) The Chief Justice of the Federal Court of Appeal, and each chief justice described in sections 12 to 21 as the chief justice of a province$12,500

(

d) Each other chief justice referred to in sections 10 to 21 $10,000

2001, c. 7, s. 19(2)

(4) Paragraph 27(7)(

f) of the Act is repealed.

(5) The definition chief judge in subsection 27(9) of the English version of the Act is repealed.

(1) Subsection 28(1) of the Act is replaced by the following:

Supernumerary judges of the Federal Court of Appeal, Federal Court and Tax Court of Canada

(1) If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of Justice of Canada of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall, after giving that notice, hold only the office of supernumerary judge of that Court and shall be paid the salary annexed to that office until the judge reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

(2) Subsection 28(3) of the Act is replaced by the following:

Duties of judge

(3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge

(

a) by the Chief Justice of the Federal Court of Appeal, if the judge is a member of the Federal Court of Appeal;

(

b) by the Chief Justice of the Federal Court, if the judge is a member of the Federal Court; or

(

c) by the Chief Justice or the Associate Chief Justice of the Tax Court of Canada, if the judge is a judge of that Court.

(3) Subsection 28(4) of the English version of the Act is replaced by the following:

Salary of supernumerary judge

(4) The salary of each supernumerary judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada is the salary annexed to the office of a judge of that Court, other than the office of a Chief Justice or Associate Chief Justice.

(1) Subsection 29(1) of the English version of the Act is replaced by the following:

Supernumerary judges of provincial superior courts

(1) Where the legislature of a province has enacted legislation establishing for each office of judge of a superior court or courts of the province the additional office of supernumerary judge of the court or courts and a judge of such a court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall thereupon hold only the office of supernumerary judge of that court and shall be paid the salary annexed to that office until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

(2) The portion of subsection 29(3) of the English version of the Act before paragraph (

a) is replaced by the following:

Duties of judge

(3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge

The heading before

section 31 of the English version of the Act is replaced by the following:

Chief Justice Continuing as Judge

(1) Subsections 31(1) and (2) of the Act are replaced by the following:

Election of Chief or Associate Chief to change to duties of judge only

(1) If the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada notifies the Minister of Justice of Canada of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall, after giving that notice, hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of that Court, until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

Restriction on election

(2) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years.

(2) Subsections 31(3) and (4) of the English version of the Act are replaced by the following:

Duties of judge

(3) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of that Court.

Salary of judge

(4) The salary of the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of judge (other than the Chief Justice) of the Federal Court of Appeal, judge (other than the Chief Justice) of the Federal Court or judge (other than the Chief Justice or the Associate Chief Justice) of the Tax Court of Canada, as the case may be.

Subsection 32(1) of the English version of the Act is replaced by the following:

Election to cease to perform duties of chief justice of provincial superior court

(1) Where the legislature of a province has enacted legislation establishing for each office of chief justice of a superior court of the province such additional offices of judge of that court as are required for the purposes of this section, and a chief justice of that court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, the chief justice shall thereupon hold only the office of a judge, other than a chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than a chief justice, of that court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

1992, c. 51, s. 12

Subsection 34(1) of the Act is replaced by the following:

Superior courts

(1) Subject to this

section and sections 36 to 39, a judge of a superior court who, for the purposes of performing any function or duty in that capacity, attends at any place other than that at which or in the immediate vicinity of which the judge is by law obliged to reside is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending.

1992, c. 51, s. 16

(1) Paragraph 40(1)(

a) of the Act is replaced by the following:

(

a) a person who is appointed a judge of a superior court and who, for the purposes of assuming the functions and duties of that office, is required to move from his or her place of residence to a place outside the immediate vicinity of the place where the person resided at the time of the appointment;

1989, c. 8, s. 11(1); 2000, c. 12, s. 160(2)

(2) Paragraphs 40(1)(

e) and (

f) of the Act are replaced by the following:

(

e) a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who, within two years after retiring or resigning from that office, moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court; and

(

f) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court.

1989, c. 8, s. 11(2)

(3) Subsection 40(1.2) of the Act is replaced by the following:

Limitation

(1.2) Paragraphs (1)(

e) and (

f) apply only in respect of a judge who, at the time of appointment to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, resided outside the area within which the judge was required to reside by the Act establishing that Court.

1992, c. 51, s. 17(1)

(1) Subsection 41(1) of the Act is replaced by the following:

Meeting, conference and seminar expenses

(1) A judge of a superior court who attends a meeting, conference or seminar that is held for a purpose relating to the administration of justice and that the judge in the capacity of a judge is required by law to attend, or who, with the approval of the chief justice of that court, attends any such meeting, conference or seminar that the judge in that capacity is expressly authorized by law to attend, is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending.

1992, c. 51, s. 17(2)

(2) The portion of subsection 41(2) of the Act before paragraph (

b) is replaced by the following:

Expenses for other meetings, conferences or seminars

(2) Subject to subsection (3), a judge of a superior court who, with the approval of the chief justice of that court,

(

a) attends a meeting, conference or seminar that the judge in the capacity of a judge is not expressly authorized by law or is not required by law to attend but that is certified by the chief justice to be a meeting, conference or seminar having as its object or as one of its objects the promotion of efficiency or uniformity in the superior courts, or the improvement of the quality of judicial service in those courts, or

1992, c. 51, s. 17(3)

(3) Paragraph 41(3)(

b) of the Act is replaced by the following:

(

b) to the judges of any other particular superior court exceeds the greater of $5,000 and the product obtained by multiplying the number of judges of that court by $500,

(4) The definition chief justice or chief judge in subsection 41(4) of the English version of the Act is replaced by the following:

chief justice

juge en chef

chief justice of any court of which a particular judge is a member means the chief justice or other person recognized by law as having rank or status senior to all other members of, or having the supervision of, that court, but if that court is constituted with divisions, then it means the person having that rank or status in relation to all other members of the division of which the particular judge is a member;

1998, c. 30, s. 7

(1) Subsection 42(1) of the English version of the Act is replaced by the following:

Grant of annuities

(1) The Governor in Council shall grant to

(

a) a judge who has continued in judicial office for at least fifteen years, whose combined age and number of years in judicial office is not less than eighty and who resigns from office,

(

b) a judge who has continued in judicial office for at least fifteen years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest,

(

c) a judge who has become afflicted with a permanent infirmity disabling him or her from the due execution of the office of judge and resigns his or her office or by reason of that infirmity is removed from office,

(

d) a judge who has attained the age of retirement and has held judicial office for at least ten years, or

(

e) a judge of the Supreme Court of Canada who has continued in judicial office on that Court for at least ten years, has attained the age of sixty-five years and resigns from office,

an annuity equal to two-thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be.

(2) Subsection 42(4) of the Act is replaced by the following:

Definition of judicial office

(4) In this section, judicial office means the office of a judge of a superior or county court.

(3) Subsection 42(4) of the Act, as enacted by

section 18 of the Nova Scotia Courts Amendment Act, 1992 ,

chapter 51 of the Statutes of Canada, 1992, is replaced by the following:

Definition of judicial office

(4) In this section, judicial office means the office of a judge of a superior court.

(1) Subsection 43(1) of the English version of the Act is replaced by the following:

Annuity payable to supernumerary judge

(1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, the annuity payable to the judge under

section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office previously held by him or her of chief justice, senior associate chief justice or associate chief justice.

(2) Subsection 43(2) of the Act is replaced by the following:

Annuity payable to judge who elected under

section 31 or 32

(2) If the Chief Justice of the Federal Court of Appeal or of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada, in accordance with

section 31, or a chief justice of a superior court of a province, in accordance with

section 32, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under

section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office held by him or her immediately before his or her election.

1992, c. 51, s. 20; 2000, c. 12, par. 169( a )

(1) The portion of subsection 44(1) of the Act before paragraph (

a) is replaced by the following:

Annuity to surviving spouse

(1) Subject to this section, if, after July 10, 1955, a judge of a superior court died or dies while holding office, the Governor in Council shall grant to the survivor of the judge an annuity equal to one third of

(2) Paragraph 44(1)(

b) of the English version of the Act is replaced by the following:

(

b) the salary annexed, at the date of death, to the office previously held by the judge of chief justice, senior associate chief justice or associate chief justice, if either subsection 43(1) or (2) would have applied to the judge if he or she had resigned, been removed or attained the age of retirement, on the day of death,

(1) Subsection 47(3) of the Act is replaced by the following:

Annuity to surviving children

(3) If a judge of a superior or county court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).

(2) Subsection 47(3) of the Act, as enacted by

section 22 of the Nova Scotia Courts Amendment Act, 1992 ,

chapter 51 of the Statutes of Canada, 1992, is replaced by the following:

Annuity to surviving children

(3) If a judge of a superior court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6).

2001, c. 7, s. 25

Subsection 50(2.1) of the Act is replaced by the following:

Reduction of contributions

(2.1) A supernumerary judge, a judge who continues in judicial office after having been in judicial office for at least fifteen years and whose combined age and number of years in judicial office is not less than eighty, a judge of the Supreme Court of Canada who continues in judicial office after having held office in that Court for at least ten years and having attained the age of sixty-five years, or a judge referred to in

section 41.1 is not required, on or after April 1, 2000, to contribute under subsections (1) and (2) but is required to contribute, by reservation from salary, to the Supplementary Retirement Benefits Account, in respect of the period beginning on that day, at a rate of one per cent of his or her salary.

Subsection 51(1) of the English version of the Act is replaced by the following:

Return of contributions where no annuity

(1) If a judge has ceased to hold office otherwise than by reason of death and, at the time he or she ceased to hold office, no annuity under this Act was granted or could be granted to that judge, there shall thereupon be paid to the judge, in respect of his or her having ceased to hold that office, an amount equal to the total contributions made by him or her under subsection 50(1) or paragraph 50(2)( a ), together with interest, if any, calculated pursuant to subsection (4).

1996, c. 30, s. 4(1)

(1) The portion of subsection 54(1) of the Act before paragraph (

b) is replaced by the following:

Leave of absence

(1) No judge of a superior court shall be granted leave of absence from his or her judicial duties for a period

(

a) of six months or less, except with the approval of the chief justice or senior judge of the superior court; or

1992, c. 51, s. 24; 1996, c. 30, s. 4(1)

(2) Subsections 54(1.1) to (3) of the Act are replaced by the following:

Notification of leave by chief justice, etc.

(1.1) Whenever a leave of absence is granted under paragraph (1)( a ), the chief justice or senior judge of the superior court shall, without delay, notify the Minister of Justice of Canada and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

Notification of leave by Minister of Justice of Canada

(1.2) Whenever a leave of absence is granted under paragraph (1)( b ), the Minister of Justice of Canada shall, without delay, notify the chief justice or senior judge of the superior court and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory.

Report by chief justice, etc., of absence

(2) If it appears to the chief justice or senior judge of a superior court that a judge of the court is absent from the judge’s judicial duties without the approval required by subsection (1), the chief justice or senior judge, as the case may be, shall report the absence to the Minister of Justice of Canada.

Absentee judge to report

(3) Whenever a judge of a superior court is absent from the judge’s judicial duties for a period of more than 30 days, the judge shall report the absence and the reasons for it to the Minister of Justice of Canada.

Section 55 of the English version of the Act is replaced by the following:

Judicial duties exclusively

No judge shall, either directly or indirectly, for himself or herself or others, engage in any occupation or business other than his or her judicial duties, but every judge shall devote himself or herself exclusively to those judicial duties.

Subsection 57(3) of the English version of the Act is replaced by the following:

Expenses excepted

(3) In the cases described in subsection (1), a judge may receive his or her moving or transportation expenses and the reasonable travel and other expenses incurred by him or her away from his or her ordinary place of residence while acting in any such capacity or in the performance of any such duty or service, in the same amount and under the same conditions as if the judge were performing a function or duty as such judge, if those expenses are paid in respect of any matter within the legislative authority of Parliament, by the Government of Canada, and in respect of any matter within the legislative authority of the legislature of a province, by the government of the province.

(1) Paragraph 59(1)(

e) of the Act is repealed.

(2) Subsection 59(4) of the English version of the Act is replaced by the following:

Substitute member

(4) Each member of the Council may appoint a judge of that member’s court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he or she is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council.

1992, c. 51, s. 26

(1) Subsection 60(1) of the Act is replaced by the following:

Objects of Council

(1) The objects of the Council are to promote efficiency and uniformity, and to improve the quality of judicial service, in superior courts.

(2) Paragraph 60(2)(

a) of the English version of the Act is replaced by the following:

(

a) establish conferences of chief justices and associate chief justices;

1992, c. 51, s. 27

(1) Subsections 63(1) and (2) of the Act are replaced by the following:

Inquiries

(1) The Council shall, at the request of the Minister or the attorney general of a province, commence an inquiry as to whether a judge of a superior court should be removed from office for any of the reasons set out in paragraphs 65(2)(

a) to ( d ).

Investigations

(2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court.

(2) Paragraph 63(4)(

a) of the English version of the Act is replaced by the following:

(

a) power to summon before it any person or witness and to require him or her to give evidence on oath, orally or in writing or on solemn affirmation if the person or witness is entitled to affirm in civil matters, and to produce such documents and evidence as it deems requisite to the full investigation of the matter into which it is inquiring; and

1992, c. 51, s. 28

Paragraph 69(1)(

a) of the Act is replaced by the following:

(

a) a judge of a superior court, or

Paragraphs 74(1)(

b) and (

c) of the Act are replaced by the following:

(

b) prepare budgetary submissions for the requirements of the Council;

(

c) be responsible for any other administrative arrangements that are necessary to ensure that all reasonable requirements, including those for premises, equipment and other supplies and services and for officers, clerks and employees of the Council for the carrying out of its operations, are provided for in accordance with law; and

Section 76 of the Act and the heading before it are repealed.

Sections 77 and 78 of the Act are replaced by the following:

Appointment

The officers, clerks and employees who are required by the Commissioner to carry out the Commissioner’s duties and functions under

section 74 shall be appointed under the Public Service Employment Act .

Commissioner is deputy head

The Commissioner and the officers, clerks and employees appointed under

section 77 shall be a portion of the public service of Canada that is separate from the Department of Justice and of which the Commissioner shall be the deputy head.

The English version of the Act is amended by replacing the word “his” with the expression “his or her” in the following provisions:

( a )

subsection 42(3);

( b )

subsection 51(2);

( c )

subsection 53(5);

(

d) section 64; and

( e )

paragraph 65(2)( d ).

RELATED AND CONSEQUENTIAL AMENDMENTS

R.S., c. A-1

Access to Information Act

Subsection 52(1) of the Access to Information Act is replaced by the following:

Applications relating to international affairs or defence

(1) An application under

section 41 or 42 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)(

a) or (

b) or

section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications.

Subsection 55(2) of the Act is replaced by the following:

Salary and expenses

(2) The Information 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 incurred in the performance of duties under this or any other Act of Parliament.

1997, c. 33

Anti-Personnel Mines Convention Implementation Act

Subsection 11(2) of the Anti-Personnel Mines Convention Implementation Act is replaced by the following:

Application for court order

(2) If a person objects to providing or fails to provide any requested document or information within the specified time, the Minister may apply to a judge of a superior court for an order requiring the person to provide it.

R.S.C. 1970, c. A-16

Army Benevolent Fund Act

R.S.C. 1970, c. 10 (2nd Supp.), s. 64(2)

Subsection 3(5) of the Army Benevolent Fund Act is replaced by the following:

Moneys in Fund the property of Her Majesty

(5) All moneys and securities required by this

section to be paid or transferred to the Receiver General are hereby declared to be and to have been the property of Her Majesty in right of Canada and may be recovered by action on behalf of Her Majesty in the Federal Court.

2000, c. 9

Canada Elections Act

Subsection 15(2) of the Canada Elections Act is replaced by the following:

Salary and expenses of Chief Electoral Officer

(2) The Chief Electoral Officer 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.

Paragraph 525(1)(

b) of the Act is replaced by the following:

(

b) the Federal Court.

R.S., c. C-5

Canada Evidence Act

1997, c. 18, s. 117

Subsection 23(1) of the Canada Evidence Act is replaced by the following:

Evidence of judicial proceedings, etc.

(1) Evidence of any proceeding or record whatever of, in or before any court in Great Britain, the Supreme Court, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, any court in a province, any court in a British colony or possession or any court of record of the United States, of a state of the United States or of any other foreign country, or before any justice of the peace or coroner in a province, may be given in any action or proceeding by an exemplification or certified copy of the proceeding or record, purporting to be under the seal of the court or under the hand or seal of the justice, coroner or court stenographer, as the case may be, without any proof of the authenticity of the seal or of the signature of the justice, coroner or court stenographer or other proof whatever.

Paragraph 37(5)(

a) of the Act is replaced by the following:

(

a) to the Federal Court of Appeal from a determination of the Federal Court or the Tax Court of Canada; or

R.S., c. L-2

Canada Labour Code

R.S., c. 9 (1st Supp.), s. 4

Section 152 of the Canada Labour Code is replaced by the following:

Injunction proceedings

The Minister may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part.

R.S., c. C-8

Canada Pension Plan

R.S., c. 30 (2nd Supp.), s. 45(1)

(1) Paragraphs 83(5)(

a) and (

b) of the Canada Pension Plan are replaced by the following:

(

a) a Chairman and a Vice-Chairman, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province; and

(

b) not less than one and not more than ten other persons, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province.

1995, c. 33, s. 36(2)

(2) Subsection 83(5.1) of the Act is replaced by the following:

Temporary members of the Board

(5.1) Subject to subsections (5.2) and (5.3), in addition to the members of the Pension Appeals Board for whom provision is made by subsection (5), any judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court or of a superior or district court of a province may, on the request of the Chairman of the Board made with the approval of the Governor in Council, act as a temporary member of the Board.