Courts Administration Service Act (S.C. 2002, c. 8)

Act current to 2012-05-02 and last amended on 2005-04-01. Previous Versions

Courts Administration Service Act

S.C. 2002, c. 8

Assented to 2002-03-27

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

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

SHORT TITLE

Marginal note:Short title

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

PURPOSES OF ACT

Marginal note:Purposes

2. 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

Marginal note:Establishment of Service

3. 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 federal public administration.

  • 2002, c. 8, s. 3;
  • 2003, c. 22, s. 156(E).
Previous Version
Marginal note:Principal office

  • 4. (1) The principal office of the Service shall be in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note: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

Marginal note:Appointment

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

  • Marginal note:Re-appointment

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

  • Marginal note: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.

  • Marginal note:Status of Chief Administrator

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

  • Marginal note: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.

  • Marginal note: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.