Federal Courts Act (R.S.C., 1985, c. F-7)

Act current to 2014-09-01 and last amended on 2014-08-01. Previous Versions

PROTHONOTARIES

Marginal note: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  • (2) [Repealed, 2006, c. 11, s. 23]

  • Marginal note:Powers and duties

    (3) The powers, duties and functions of the prothonotaries shall be determined by the Rules.

  • Marginal note:Salary

    (4) Each prothonotary shall be paid a salary to be fixed by the Governor in Council.

  • Marginal note:Superannuation

    (5) For the purposes of the Public Service Superannuation Act, a prothonotary shall be deemed to be employed in the public service.

  • Marginal note:Immunity from liability

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

  • Marginal note:Term of office

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

  • Marginal note: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.

  • R.S., 1985, c. F-7, s. 12;
  • 2002, c. 8, s. 20;
  • 2003, c. 22, ss. 225(E), 263;
  • 2006, c. 11, s. 23.

SHERIFFS AND MARSHALS

Marginal note: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.

  • Marginal note: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.

  • Marginal note:Deputy sheriff

    (3) The Rules may provide for the appointment of deputy sheriffs.

  • Marginal note: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.

  • R.S., 1985, c. F-7, s. 13;
  • 2002, c. 8, s. 21.