Courts Administration Service Act (S.C. 2002, c. 8)
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Assented to 2002-03-27
RELATED AND CONSEQUENTIAL AMENDMENTS
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act
Marginal note:R.S., c. 19 (2nd Supp.), s. 24
129. Paragraph 17(1)(a) of the Act is replaced by the following:
(a) take the record or other thing before the judge who issued the warrant or a judge of the same court or, if no warrant was issued, before a judge of a superior or county court; or
R.S., c. 19 (2nd Supp.), Part ICompetition Tribunal Act
130. Subsection 13(1) of the Competition Tribunal Act is replaced by the following:
Marginal note:Appeal
13. (1) Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court.
R.S., c. C-42Copyright Act
Marginal note:R.S., c. 10 (4th Supp.), s. 12
131. Subsection 66.7(2) of the French version of the Copyright Act is replaced by the following:
Marginal note:Assimilation
(2) Les décisions de la Commission peuvent, en vue de leur exécution, être assimilées à des actes de la Cour fédérale ou de toute cour supérieure; le cas échéant, leur exécution s’effectue selon les mêmes modalités.
1992, c. 20Corrections and Conditional Release Act
Marginal note:1995, c. 42, s. 59
132. Subsection 155.1(2) of the Corrections and Conditional Release Act is replaced by the following:
Marginal note:Judge to conduct inquiry
(2) If the Minister considers it appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 155.2 referred to as a “judge”, shall conduct the inquiry.
1984, c. 18Cree-Naskapi (of Quebec) Act
133. Subsection 55(2) of the English version of the Cree-Naskapi (of Quebec) Act is replaced by the following:
Marginal note:Exclusion of Federal Court’s jurisdiction
(2) Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1).
R.S., c. 1 (2nd Supp.)Customs Act
134. Subsection 135(2) of the Customs Act is replaced by the following:
Marginal note:Ordinary action
(2) The Federal Courts Act and the rules made under that Act applicable to ordinary actions apply in respect of actions instituted under subsection (1) except as varied by special rules made in respect of such actions.
1996, c. 23Employment Insurance Act
Marginal note:1998, c. 19, s. 270
135. (1) Subsection 112(2) of the Employment Insurance Act is replaced by the following:
Marginal note:Judges acting as umpires
(2) Subject to subsection (4), a judge or former judge of a superior, county or district court or a judge or former judge appointed under an Act of Parliament or the legislature of a province may, at the request of the chief umpire made with the approval of the Governor in Council, act as an umpire and, while so acting, the judge or former judge has all the powers of an umpire.
(2) Subsection 112(5) of the Act is replaced by the following:
Marginal note:Salary and travel allowance
(5) A judge or former judge who acts as an umpire shall be paid
(a) a salary for the period the person acts at the rate fixed by the Judges Act for a judge of the Federal Court, other than the Chief Justice of that Court, less any amount otherwise payable to the person under that Act for the period; and
(b) the travel allowances that a judge is entitled to be paid under that Act.
R.S., c. E-9Energy Supplies Emergency Act
Marginal note:1996, c. 10, s. 222(1)
136. Subsection 42(1) of the Energy Supplies Emergency Act is replaced by the following:
Marginal note:Injunctions and orders
42. (1) When it appears to the Board that a person or an organization has engaged in, is engaged in or is about to engage in any acts or practices in contravention of a provision of a regulation made under this Act or in contravention of a decision or an order made by the Canadian Transportation Agency or the National Energy Board under a direction given under this Act, the Board may request the Attorney General of Canada to bring an action in a superior court to enjoin those acts or practices.
R.S., c. E-15Excise Tax Act
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3))
137. (1) Subsections 81.28(1) and (2) of the Excise Tax Act are replaced by the following:
Marginal note:Institution of appeal to Court
81.28 (1) An appeal to the Federal Court under section 81.2, 81.22 or 81.24 shall be instituted
(a) in the case of an appeal by a person, other than the Minister, in the manner set out in section 48 of the Federal Courts Act; and
(b) in the case of an appeal by the Minister, in the manner provided by the rules made under the Federal Courts Act for the commencement of an action.
Marginal note:Counter-claim or cross-demand
(2) If the respondent in an appeal under section 81.24 from a decision of the Tribunal desires to appeal that decision, the respondent may do so, whether or not the time fixed by that section has expired, by a counter-claim or cross-demand instituted in accordance with the Federal Courts Act and the rules made under that Act.
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)
(2) The portion of subsection 81.28(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Procedure
(3) An appeal to the Federal Court under this Part is deemed to be an action in the Federal Court to which the Federal Courts Act and the rules made under that Act applicable to an ordinary action apply, except as varied by special rules made in respect of such appeals and except that
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)
(3) Paragraph 81.28(3)(b) of the Act is replaced by the following:
(b) a copy of a notice of objection filed with the Federal Court under subsection 81.21(3) is deemed to be a statement of claim that is filed with the Court by the person serving the notice and served by that person on the Minister on the day it was so filed by the Minister; and
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)
138. Subsection 81.37(1) of the Act is replaced by the following:
Marginal note:Reference to Federal Court
81.37 (1) If the Minister and a person agree in writing that a question of law, fact or mixed law and fact relating to this Act should be determined by the Federal Court, the question shall be determined by that Court under subsection 17(3) of the Federal Courts Act.
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3))
139. The portion of subsection 81.38(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Payment by Minister on appeal
81.38 (1) If the Tribunal, the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada has, on the disposition of an appeal under this Part,
Marginal note:R.S., c. 7 (2nd Supp.), s. 41(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3))
140. Subsection 86(8) of the Act is replaced by the following:
Marginal note:Delay when agreement
(8) Despite subsections (1) to (7), if a person has served a notice of objection under section 81.15 or has appealed to the Tribunal or the Federal Court under this Part, otherwise than under section 81.33, in respect of an assessment and agrees in writing with the Minister to delay proceedings on the objection or appeal until a decision or judgment is rendered in another action before the Tribunal, the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada in which the issue is the same or substantially the same as that raised in the objection or appeal of that person, the Minister may take any of the actions described in paragraphs (4)(a) to (d) for the purpose of collecting any sum for which that person has been assessed, determined in a manner consistent with the decision or judgment of the Tribunal or Court in the other action, at any time after the Minister notifies the person in writing that the decision or judgment has been rendered.
1999, c. 18Extradition Act
141. (1) Subsection 57(1) of the Extradition Act is replaced by the following:
Marginal note:Review of order
57. (1) Despite the Federal Courts Act, the court of appeal of the province in which the committal of the person was ordered has exclusive original jurisdiction to hear and determine applications for judicial review under this Act, made in respect of the decision of the Minister under section 40.
(2) Subsection 57(7) of the Act is replaced by the following:
Marginal note:Grounds of review
(7) The court of appeal may grant relief under this section on any of the grounds on which the Federal Court may grant relief under subsection 18.1(4) of the Federal Courts Act.
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