Courts Administration Service Act (S.C. 2002, c. 8)
Full Document:
Assented to 2002-03-27
166. Part I of Schedule I to the Act is amended by striking out the following:
Staff of the Federal Court
Personnel de la Cour fédérale
Tax Court of Canada
Cour canadienne de l’impôt
167. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:
Courts Administration Service
Service administratif des tribunaux judiciaires
R.S., c. 32 (4th Supp.)Railway Safety Act
168. Subsection 34(1) of the Railway Safety Act is replaced by the following:
Marginal note:Enforcement through court
34. (1) An order or emergency directive made by the Minister may be made an order of any superior court and shall be enforced in the same manner as an order of the court.
R.S., c. S-15Special Import Measures Act
Marginal note:1993, c. 44, s. 207(2)(E)
169. Subsection 12(1.1) of the English version of the Special Import Measures Act is replaced by the following:
Marginal note:Return of part of duty where order or finding set aside or rescinded
(1.1) Where, pursuant to an application under the Federal Courts Act or section 96.1 of this Act or a review under Part I.1 or II of this Act, an order or finding described in any of sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular goods and another such order or finding is made with respect to all or any of the goods to which the order or finding applies or all or any of those particular goods, as the case may be, any duty paid under this Act pursuant to the first-mentioned order or finding by or on behalf of an importer shall, except to the extent of any duty payable by the importer as a consequence of the other order or finding, be returned to the importer without delay after the other order or finding is made.
Marginal note:1990, c. 8, s. 71(2)(E)
170. Paragraph 44(2)(a) of the English version of the Act is replaced by the following:
(a) the Secretary shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom the Secretary forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and
Marginal note:R.S., c. 47 (4th Supp.), s. 52 (Sch., item 10(5))
171. Paragraph 59(1)(d) of the Act is replaced by the following:
(d) at any time, for the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada with respect to the goods; and
Marginal note:1993, c. 44, s. 218
172. The portion of the definition “definitive decision” in subsection 77.01(1) of the Act after paragraph (j) is replaced by the following:
in so far as it applies to or is made in respect of particular goods of a NAFTA country, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods;
Marginal note:1988, c. 65, s. 42
173. The portion of the definition “definitive decision” in subsection 77.1(1) of the Act after paragraph (j) is replaced by the following:
that applies to or in respect of particular goods of the United States, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods;
R.S., c. S-22Statutory Instruments Act
Marginal note:R.S., c. 51 (4th Supp.), s. 22
174. Subsection 3(4) of the Statutory Instruments Act is replaced by the following:
Marginal note:Application
(4) Paragraph (2)(d) does not apply to any proposed rule, order or regulation governing the practice or procedure in proceedings before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Tax Court of Canada or the Court Martial Appeal Court.
R.S., c. S-26Supreme Court Act
175. Paragraphs 30(1)(a) and (b) of the Supreme Court Act are replaced by the following:
(a) of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada; or
(b) if the judges of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada are absent from Ottawa or for any reason are unable to sit, of a judge of a provincial superior court to be designated in writing by the chief justice, or in the absence of the chief justice, by any acting chief justice or the senior puisne judge of that provincial court on that request being made to that acting chief justice or that senior puisne judge in writing.
176. Section 64 of the Act is replaced by the following:
Marginal note:Exceptions
64. The provisions of this Act requiring the deposit of security for costs do not apply to appeals by or on behalf of the Crown or in election cases, in cases in the Federal Court of Appeal or the Federal Court, in criminal cases or in proceedings for or on a writ of habeas corpus.
R.S., c. T-13Trade-marks Act
177. Section 61 of the Trade-marks Act is replaced by the following:
Marginal note:Judgments to be filed
61. An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada relating to any trade-mark on the register.
R.S., c. 16 (2nd Supp.)United Nations Foreign Arbitral Awards Convention Act
178. Section 6 of the United Nations Foreign Arbitral Awards Convention Act is replaced by the following:
Marginal note:Application to court
6. For the purpose of seeking recognition and enforcement of an arbitral award pursuant to the Convention, application may be made to any superior, district or county court.
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