Courts Administration Service Act (S.C. 2002, c. 8)
Full Document:
Assented to 2002-03-27
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.
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