Bill 117 (Legislature 15, Session 2)

L15 S2 1558

Alberta — Bills

No. 117 2nd 'Session, 15th Legislature, Alberta 13 Elizabeth II BILL 117 A Bill respecting the Jurisdiction of the Supreme COUl"t of Canada and the Exchequer Court of Canada HON. MR. MANNING P i t • to the Queen's Most Excellent Majesty, Printed by L. S. WALL, r n el .. ~ 1965 Edmonton, AlberLA,

Explanatory Note General. The Supreme Court Act (R.S.C. 1952, c. 112, s. 62) provides that the Supreme Court of Canada has jurisdiction in civil cases where the validity of federal or provincial legislation is involved, if the matter is referred to it by the judge and if the Province concerned has reciprocal legislation. Similarly, the Exchequer Court Act (R.S.C. 1952, c. 98, s. 30) provides that the Exchequer Court of Canada has jurisdiction in cas'es of controver sies between Canada and a province or between two provinces, if the province or provinces concerned have reciprocal legislation. This Bill will provide the necessary reciprocal legislation. 2. Clauses (

a) and (

b) are reciprocal to

section 30 of the Ex chequer Court Act (Canada). Clause (

c) is reciprocal to

section 62 of the Supreme Court Act (Canada). 3. Use of court houses, etc., by federal court judges. 4. Commencement of Act.

BILL No. 117 of 1965

An Act respecting the Jurisdiction of the Supreme Court of Canada and the Exchequer Court of Canada (Assented to , 1965) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Federal Courts Juris diction Act". 2. The Supreme Court of Canada and the Exchequer Court of Canada, or the Supreme Court of Canada alone, according to the Supreme Cout't Act (Canada) and the Exchequer Cour't Act (Canada) have jurisdiction (

a) in controversies between Canada and Alberta; (

b) in controversies between Alberta and any 'Other province of Canada in which

an Act similar t'O this Act is in force; (

c) in actions or proceedings in which the parties by their pleadings have raised the question of the validity of

an Act of the Parliament of Canada or of

an Act of the Legislature of Alberta, when in the opinion of a judge of the court in which the same are pending the question is material, and in such case the judge shall, at the request of the parties, and may without such request if he thinks fit, order the case to be removed to the Supreme Court of Canada in order that the question may be decided. 3.

Where sittings of a court created by the Parliament of Canada, or of a judge thereof, are appointed to be held in a place in which a court house is situate, such court or judge has in all respects the same authority as a judge of the Supreme Court of Alberta in regard to the use of the court house and other buildings 'Or apartments set apart in that place for the administration of justice. 4. This Act comes into force on the day upon which it is assented to.

No. 117 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABETH II 1965 BILL

An Act respecting the Jurisdiction of the Supreme Court of Canada and the Exchequer Court of C~n ada Received and read the First time ...................... . Second time ....................................... . Third time ............ . HON. MR. MANNING Title: 1965 (15th, 2nd) Bill 117,

An Act respecting the Jurisdiction of the Supreme Court of Canada and the Exchequer Court of Canada

Document details

Collection	Alberta — Bills
Citation	L15 S2 1558
Type	bill
Volume / chapter	L15 S2 1558
Language	en
Format	json
Source	PROVINCIAL
Identifier	41285b458101ee9d660c9a24f0f065a61d5acbe6

Source file is stored in the law ingest library (json).