Courts Administration Service Act (S.C. 2002, c. 8)
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Assented to 2002-03-27
R.S., c. F-7AMENDMENTS TO THE FEDERAL COURT ACT
19. Sections 9 to 11 of the Act are replaced by the following:
Marginal note:Oath of office for judges
9. (1) Before judges of the Federal Court of Appeal or the Federal Court begin to perform their duties as judges, they shall take an oath that they will duly and faithfully execute their powers and trusts as judges to the best of their skill and knowledge.
Marginal note:How administered — Federal Court of Appeal
(2) The oath shall be administered to the Chief Justice of the Federal Court of Appeal before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.
Marginal note:How administered — Federal Court
(3) The oath shall be administered to the Chief Justice of the Federal Court before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court.
Marginal note:Deputy judges of the Federal Court of Appeal
10. (1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court of Appeal made with the approval of the Governor in Council, act as a judge of the Federal Court of Appeal, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court.
Marginal note:Deputy judges of the Federal Court
(1.1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court made with the approval of the Governor in Council, act as a judge of the Federal Court, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court.
Marginal note:Consent required
(2) No request may be made under subsection (1) or (1.1) to a judge of a superior, county or district court in a province without the consent of the chief justice or chief judge of the court of which he or she is a member, or of the attorney general of the province.
Marginal note:Approval of Governor in Council
(3) The Governor in Council may approve the making of requests under subsection (1) or (1.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section.
Marginal note:Salary of deputy judge
(4) A person who acts as a judge of a court under subsection (1) or (1.1) shall be paid a salary for the period that the judge acts, at the rate fixed by the Judges Act for a judge of the court other than the Chief Justice of the court, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act.
Marginal note:Meetings
10.1 The judges of the Federal Court of Appeal shall meet at least once in each year, on a day fixed by the Chief Justice of the court, in order to consider this Act, the Rules and the administration of justice, as shall the judges of the Federal Court on a day fixed by the Chief Justice of that court.
BARRISTERS, ADVOCATES, ATTORNEYS AND SOLICITORS
Marginal note:Barrister or advocate
11. (1) Every person who is a barrister or an advocate in a province may practise as a barrister or an advocate in the Federal Court of Appeal or the Federal Court.
Marginal note:Attorney or solicitor
(2) Every person who is an attorney or a solicitor in a superior court of a province may practise as an attorney or a solicitor in the Federal Court of Appeal or the Federal Court.
Marginal note:Officers of court
(3) Every person who may practise as a barrister, an advocate, an attorney or a solicitor in the Federal Court of Appeal or the Federal Court is an officer of that Court.
20. (1) Subsection 12(1) of the Act is replaced by the following:
Marginal note:Prothonotaries
12. (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) Section 12 of the Act is amended by adding the following after subsection (5):
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.
21. (1) Subsections 13(1) and (2) of the Act are replaced by the following:
Marginal note:Sheriff
13. (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.
(2) Subsection 13(4) of the Act is replaced by the following:
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.
22. Section 14 of the Act and the heading before it are replaced by the following:
JUDICIAL ADMINISTRATORS
Marginal note:Designation
14. (1) The Chief Justice of the Federal Court of Appeal may designate an employee of the Service as the Judicial Administrator of the Federal Court of Appeal, and the Chief Justice of the Federal Court may designate an employee of the Courts Administration Service as the Judicial Administrator of the Federal Court.
Marginal note:Duties — Federal Court of Appeal
(2) The Judicial Administrator of the Federal Court of Appeal shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including
(a) the making of an order fixing the time and place of a hearing, or adjourning a hearing;
(b) arranging for the distribution of judicial business in the court; and
(c) arranging from time to time for the establishment of any panels of judges of the court that are necessary.
Marginal note:Duties — Federal Court
(3) The Judicial Administrator of the Federal Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including
(a) the making of an order fixing the time and place of a trial or hearing, or adjourning a trial or hearing; and
(b) arranging for the distribution of judicial business in the court.
Marginal note:Revocation of designation
(4) A designation made under subsection (1) may be revoked at any time and is automatically revoked when the Chief Justice by whom it was made ceases to hold office as Chief Justice.
Marginal note:1990, c. 8, s. 2
23. Sections 15 and 16 of the Act are replaced by the following:
Marginal note:Sittings of the Federal Court
15. (1) Subject to the Rules, any judge of the Federal Court may sit and act at any time and at any place in Canada for the transaction of the business of the court or any part of it and, when a judge so sits or acts, the judge constitutes the court.
Marginal note:Arrangements to be made by Chief Justice of the Federal Court
(2) Subject to the Rules, the Chief Justice of the Federal Court shall make all arrangements that may be necessary or proper for the holding of courts, or otherwise for the transaction of business of the Federal Court, and the arrangements from time to time of judges to hold the courts or to transact that business.
Marginal note:Hearings in different places
(3) The trial or hearing of any matter in the Federal Court may, by order of that court, take place partly at one place and partly at another.
Marginal note:Sittings of the Federal Court of Appeal
16. (1) Except as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the Federal Court of Appeal, and every application for judicial review or reference to that court, shall be heard in that court before not fewer than three judges sitting together and always before an uneven number of judges. Otherwise, the business of the Federal Court of Appeal shall be dealt with by such judge or judges as the Chief Justice of that court may arrange.
Marginal note:Arrangements to be made by Chief Justice of the Federal Court of Appeal
(2) The Chief Justice of the Federal Court of Appeal shall designate the judges to sit from time to time and the appeals or matters to be heard by them.
Marginal note:Place of sittings
(3) The place of each sitting of the Federal Court of Appeal shall be arranged by the Chief Justice of that court to suit, as nearly as may be, the convenience of the parties.
Marginal note:No judge to hear appeal from own judgment
(4) A judge shall not sit on the hearing of an appeal from a judgment he or she has pronounced.
Marginal note:Chief Justice of Federal Court of Appeal to preside
(5) The Chief Justice of the Federal Court of Appeal, when present at any sittings of that court, shall preside and, in the absence of the Chief Justice, the senior judge of that court who is present shall preside.
24. The heading before section 17 of the Act is replaced by the following:
JURISDICTION OF FEDERAL COURT
Marginal note:1990, c. 8, s. 3(1)
25. (1) Subsection 17(1) of the Act is replaced by the following:
Marginal note:Relief against the Crown
17. (1) Except as otherwise provided in this Act or any other Act of Parliament, the Federal Court has concurrent original jurisdiction in all cases in which relief is claimed against the Crown.
Marginal note:1990, c. 8, s. 3(1)
(2) The portion of subsection 17(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Cases
(2) Without restricting the generality of subsection (1), the Federal Court has concurrent original jurisdiction, except as otherwise provided, in all cases in which
Marginal note:1990, c. 8, s. 3(2)
(3) Subsections 17(3) and (4) of the Act are replaced by the following:
Marginal note:Crown and subject: consent to jurisdiction
(3) The Federal Court has exclusive original jurisdiction to hear and determine the following matters:
(a) the amount to be paid if the Crown and any person have agreed in writing that the Crown or that person shall pay an amount to be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada; and
(b) any question of law, fact or mixed law and fact that the Crown and any person have agreed in writing shall be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada.
Marginal note:Conflicting claims against Crown
(4) The Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims.
(4) The portion of subsection 17(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Relief in favour of Crown or against officer
(5) The Federal Court has concurrent original jurisdiction
Marginal note:1990, c. 8, s. 3(4)
(5) Subsection 17(6) of the Act is replaced by the following:
Marginal note:Federal Court has no jurisdiction
(6) If an Act of Parliament confers jurisdiction in respect of a matter on a court constituted or established by or under a law of a province, the Federal Court has no jurisdiction to entertain any proceeding in respect of the same matter unless the Act expressly confers that jurisdiction on that court.
Marginal note:1990, c. 8, s. 4
26. (1) The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Extraordinary remedies, federal tribunals
18. (1) Subject to section 28, the Federal Court has exclusive original jurisdiction
Marginal note:1990, c. 8, s. 4
(2) Subsection 18(2) of the Act is replaced by the following:
Marginal note:Extraordinary remedies, members of Canadian Forces
(2) The Federal Court has exclusive original jurisdiction to hear and determine every application for a writ of habeas corpus ad subjiciendum, writ of certiorari, writ of prohibition or writ of mandamus in relation to any member of the Canadian Forces serving outside Canada.
Marginal note:1990, c. 8, s. 5
27. (1) Subsection 18.1(2) of the Act is replaced by the following:
Marginal note:Time limitation
(2) An application for judicial review in respect of a decision or an order of a federal board, commission or other tribunal shall be made within 30 days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days.
Marginal note:1990, c. 8, s. 5
(2) The portion of subsection 18.1(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers of Federal Court
(3) On an application for judicial review, the Federal Court may
Marginal note:1990, c. 8, s. 5
(3) The portion of subsection 18.1(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Grounds of review
(4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal
Marginal note:1990, c. 8, s. 5
(4) Subsection 18.1(5) of the Act is replaced by the following:
Marginal note:Defect in form or technical irregularity
(5) If the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court may
(a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and
(b) in the case of a defect in form or a technical irregularity in a decision or an order, make an order validating the decision or order, to have effect from any time and on any terms that it considers appropriate.
Marginal note:1990, c. 8, s. 5
28. Sections 18.2 to 19 of the Act are replaced by the following:
Marginal note:Interim orders
18.2 On an application for judicial review, the Federal Court may make any interim orders that it considers appropriate pending the final disposition of the application.
Marginal note:Reference by federal tribunal
18.3 (1) A federal board, commission or other tribunal may at any stage of its proceedings refer any question or issue of law, of jurisdiction or of practice and procedure to the Federal Court for hearing and determination.
Marginal note:Reference by Attorney General of Canada
(2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, refer any question or issue of the constitutional validity, applicability or operability of an Act of Parliament or of regulations made under an Act of Parliament to the Federal Court for hearing and determination.
Marginal note:Hearings in summary way
18.4 (1) Subject to subsection (2), an application or reference to the Federal Court under any of sections 18.1 to 18.3 shall be heard and determined without delay and in a summary way.
Marginal note:Exception
(2) The Federal Court may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action.
Marginal note:Exception to sections 18 and 18.1
18.5 Despite sections 18 and 18.1, if an Act of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act.
Marginal note:Intergovernmental disputes
19. If the legislature of a province has passed an Act agreeing that the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada has jurisdiction in cases of controversies between Canada and that province, or between that province and any other province or provinces that have passed a like Act, the Federal Court has jurisdiction to determine the controversies.
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