Courts Administration Service Act (S.C. 2002, c. 8)
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Assented to 2002-03-27
58. The schedule to the Act is replaced by the schedule set out in the schedule to this Act.
R.S., c. T-2AMENDMENTS TO THE TAX COURT OF CANADA ACT
59. (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“Associate Chief Judge” and “Chief Judge” in section 2 of the English version of the Tax Court of Canada Act are repealed.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;
60. Section 3 of the Act is replaced by the following:
Marginal note:Tax Court of Canada continued
3. The Tax Court of Canada is continued under the name of the Tax Court of Canada as a superior court of record.
61. (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
Marginal note: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:
Marginal note: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.
62. (1) Subsections 5(1) and (2) of the English version of the Act are replaced by the following:
Marginal note:Chief Justice and Associate Chief Justice to have rank and precedence over all judges
5. (1) The Chief Justice, and after the Chief Justice the Associate Chief Justice, has rank and precedence over all the other judges.
Marginal note: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.
Marginal note:R.S., c. 51 (4th Supp.), s. 3
(2) Subsection 5(3) of the Act is replaced by the following:
Marginal note: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.
63. Subsection 6(2) of the Act is repealed.
64. (1) Subsection 8(1) of the English version of the Act is replaced by the following:
Marginal note:Oath of office
8. (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:
Marginal note: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.
Marginal note:1998, c. 19, s. 289
65. (1) Subsection 9(1) of the Act is replaced by the following:
Marginal note:Deputy judges of the Court
9. (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:
Marginal note: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.
66. Section 11 of the English version of the Act is replaced by the following:
Marginal note:Additional office of judge
11. 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.
67. Section 13 of the Act is replaced by the following:
Marginal note:Contempt against Court
13. 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.
Marginal note:R.S., c. 51 (4th Supp.), s. 5
68. Subsection 14(2) of the English version of the Act is replaced by the following:
Marginal note: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.
Marginal note:R.S., c. 51 (4th Supp.), s. 5
69. Section 14.1 of the Act is replaced by the following:
Marginal note: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.
Marginal note:R.S., c. 51 (4th Supp.), s. 5
70. Section 16 of the English version of the Act is replaced by the following:
Marginal note:Giving of judgment after judge ceases to hold office
16. 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.
Marginal note:R.S., c. 51 (4th Supp.), s. 5
71. Section 17.4 of the Act is replaced by the following:
Marginal note: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.
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