Marginal note:Replacement of “Federal Court — Trial Division” with “Federal Court”

• 183. (1) The following provisions are amended by replacing the expression “Federal Court — Trial Division” with the expression “Federal Court”:

  • (a) the definition “Court” in section 3 of the Access to Information Act;

  • (b) paragraph 37(3)(a) of the Canada Evidence Act;

  • (c) paragraph (g) of the definition “court” in section 103 of the Canada Marine Act;

  • (d) the definition “Court” in subsection 2(1) of the Citizenship Act;

  • (e) paragraph (g) of the definition “court” in subsection 16(22) of the Coasting Trade Act;

  • (f) subsection 34(3), sections 73 and 74.09 and subsection 74.18(1) of the Competition Act;

  • (g) paragraph 3(2)(a) of the Competition Tribunal Act;

  • (h) subsection 13(2) of the Comprehensive Nuclear Test-Ban Treaty Implementation Act;

  • (i) subsections 3(3), 4(3), 5(3) and 23(2) of the Divorce Act;

  • (j) sections 81.2 and 81.21, subsections 81.22(1) and (2), paragraph 81.23(1)(a), subsection 81.23(2), sections 81.24, 81.29 and 81.3 and subsections 81.31(1), (2) and (4), 81.32(3), 81.34(1) to (3), 81.36(1) and (6) and 86(6) of the Excise Tax Act;

  • (k) subsection 8(1) of the Foreign Publishers Advertising Services Act;

  • (l) paragraph 46.04(3.1)(b), subparagraph 49(1)(c)(ii), subsections 77(3.2) and (3.3) and 82.1(1), (3) to (5) and (10), section 82.2 and subsections 83(1) to (3), 102.17(1) and 107.1(1) of the Immigration Act;

  • (m) subsection 180(2) of the Income Tax Act;

  • (n) subsection 14(1) of the Motor Vehicle Fuel Consumption Standards Act;

  • (o) section 101 of the National Energy Board Act;

  • (p) subsection 27(1) of the Northern Pipeline Act;

  • (q) section 76 of the Official Languages Act;

  • (r) the definition “Court” in subsection 2(1) of the Personal Information Protection and Electronic Documents Act;

  • (s) the definition “Court” in section 3 of the Privacy Act; and

  • (t) section 38 of the Supreme Court Act.

• Marginal note:References to Federal Court — Trial Division generally

  (2) Unless the context requires otherwise, the expression “Federal Court — Trial Division” is replaced by the expression “Federal Court” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred under an Act of Parliament, or

    • (ii) by order or under the authority of the Governor in Council.

Marginal note:Replacement of “Federal Court” and “Federal Court of Canada” with “Federal Court of Appeal”

184. The Income Tax Act is amended by replacing the expressions “Federal Court” and “Federal Court of Canada” with the expression “Federal Court of Appeal” in the following provisions:

• (a) paragraph 152(1.7)(b);

• (b) the portion of subsection 152(1.8) before paragraph (a);

• (c) subsection 164(4.1);

• (d) section 179; and

• (e) subparagraph 191.2(1)(b)(iv).

TRANSITIONAL PROVISIONS

Marginal note:Chief Justice of Federal Court of Canada

• 185. (1) The person holding the office of Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court of Appeal.

• Marginal note:Associate Chief Justice of Federal Court of Canada

  (2) The person holding the office of Associate Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court.

• Marginal note:Other judges in the Federal Court — Appeal Division

  (3) Every other person holding office as a judge or supernumerary judge of the Federal Court — Appeal Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court of Appeal.

• Marginal note:Other judges in the Federal Court — Trial Division

  (4) Every other person holding office as a judge or supernumerary judge of the Federal Court — Trial Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court.

• Marginal note:Prothonotaries

  (5) Every person holding office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary, as the case may be, of the Federal Court.

• Marginal note:Sheriffs

  (6) Every person holding office as sheriff or deputy sheriff of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as sheriff or deputy sheriff, as the case may be, of the Federal Court of Appeal and the Federal Court.

• Marginal note:Commissioner for taking oaths

  (7) Every person who on the coming into force of section 1 of this Act was empowered to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Canada because of a commission under subsection 54(2) of the Federal Court Act is empowered in or outside Canada to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Appeal and the Federal Court as though the person had been so empowered by a commission under subsection 54(2) of the Federal Courts Act.

• Marginal note:Chief Justice of the Tax Court of Canada

  (8) The person holding the office of Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Chief Justice of the Tax Court of Canada.

• Marginal note:Associate Chief Justice of the Tax Court of Canada

  (9) The person holding the office of Associate Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Associate Chief Justice of the Tax Court of Canada.

• Marginal note:Deputy judges of Tax Court of Canada

  (10) A person who, on the coming into force of section 1 of this Act, was authorized to act as a deputy judge of the Tax Court of Canada may act as a deputy judge of that Court if requested to do so by the Chief Justice of the Court.

• Marginal note:Interpretation

  (11) For the purposes of subsections 31(1) and (2) of the Judges Act, as enacted by subsection 90(1) of this Act, any period during which a person holds the office of Chief Justice or Associate Chief Justice of the Federal Court of Canada is deemed to be a period during which he or she holds the office of Chief Justice of the Federal Court of Appeal or the Federal Court.

• Marginal note:For greater certainty

  (12) For greater certainty, for the purposes of sections 31, 43 and 44 of the English version of the Judges Act, “Chief Justice” and “Associate Chief Justice” include “Chief Judge” and “Associate Chief Judge”, respectively.

• Marginal note:Letters patent

  (13) Letters patent under the Great Seal may be issued under the authority of the Governor in Council to each of the persons referred to in subsections (1) to (4), (8) and (9) evidencing the person’s office by virtue of this section.

• Marginal note:Transfer of court employees

  (14) Nothing in this Act shall be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the coming into force of section 1 of this Act, occupied a position in or was a member of the staff of the Federal Court of Canada or the Tax Court of Canada, except that the employee, on that coming into force, occupies that position in the Courts Administration Service under the authority of the Chief Administrator of that Service.

Marginal note:Jurisdiction

186. Any jurisdiction of the Federal Court of Appeal or the Federal Court created by this Act shall be exercised in respect of matters arising before or after the coming into force of section 1 of this Act.

Marginal note:Judicial review rules to apply to certain appeals

• 187. (1) The provisions of the Federal Court Rules, 1998 that govern applications to the Federal Court of Appeal under section 28 of the Federal Courts Act apply to appeals to the Federal Court of Appeal under subsection 27(1.2) of that Act, with any modifications that the circumstances require, until other provisions are made to govern those appeals.

• Marginal note:Other provisions to remain in force

  (2) All provisions of law and rules and orders regulating the practice and procedure in the Federal Court of Canada on the coming into force of section 1 of this Act remain in force until amended, repealed or otherwise determined, to the extent that they are not inconsistent with the provisions of this Act.