Courts Administration Service Act (S.C. 2002, c. 8)
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Assented to 2002-03-27
R.S., c. T-2AMENDMENTS TO THE TAX COURT OF CANADA ACT
Marginal note:1990, c. 45, s. 61
76. The portion of section 18.3008 of the Act before paragraph (a) is replaced by the following:
Marginal note:Costs on further appeal
18.3008 If a judgment on an appeal referred to in section 18.3001 is appealed by the Minister of National Revenue under section 27 of the Federal Courts Act, the reasonable and proper costs of the appeal under that section of the person who brought the appeal referred to in section 18.3001 shall be borne by Her Majesty in right of Canada if that appeal was an appeal for which
77. The Act is amended by adding the following after section 19:
GENERAL
Marginal note:Vexatious proceedings
19.1 (1) If the Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in the Court or that a proceeding previously instituted by the person in the Court not be continued, except by leave of the Court, and may award costs against the person in accordance with the rules of the Court.
Marginal note:Attorney General of Canada
(2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3).
Marginal note:Application for rescission or leave to proceed
(3) A person against whom the Court has made an order under subsection (1) may apply to the Court for rescission of the order or for leave to institute or continue a proceeding.
Marginal note:Court may grant leave
(4) If an application is made to the Court under subsection (3) for leave to institute or continue a proceeding, the Court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.
Marginal note:No appeal
(5) A decision of the Court under subsection (4) is final and is not subject to appeal.
Marginal note:Constitutional questions
19.2 (1) If the constitutional validity, applicability or operability of an Act of Parliament or its regulations is in question before the Court, the Act or regulations shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2).
Marginal note:Time of notice
(2) The notice must be served at least 10 days before the day on which the constitutional question is to be argued, unless the Court orders otherwise.
Marginal note:Notice of appeal
(3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal to the Federal Court of Appeal made in respect of the constitutional question.
Marginal note:Right to be heard
(4) The Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the Court in respect of the constitutional question.
Marginal note:Appeal
(5) If the Attorney General of Canada or the attorney general of a province makes submissions, that attorney general is deemed to be a party to the proceedings for the purpose of any appeal in respect of the constitutional question.
78. Subsection 20(1.1) of the Act is amended by striking out the word “and” at the end of paragraph (i) and by adding the following after paragraph (j):
(k) designating an act or omission of a person to be in contempt of court, respecting the procedure to be followed in proceedings for contempt and establishing penalties for a finding of contempt; and
(l) for awarding and regulating costs in the Court against a person who is subject to an order under subsection 19.1(1).
Marginal note:R.S., c. 51 (4th Supp.), s. 7
79. (1) Paragraphs 22(1)(a) and (b) of the English version of the Act are replaced by the following:
(a) the Chief Justice;
(b) the Associate Chief Justice;
Marginal note:R.S., c. 51 (4th Supp.), s. 7
(2) Paragraph 22(1)(c) of the Act is replaced by the following:
(c) three judges of the Court that are designated from time to time by the Chief Justice;
(c.1) the Chief Administrator of the Courts Administration Service;
Marginal note:R.S., c. 51 (4th Supp.), s. 7
(3) Subsection 22(2) of the English version of the Act is replaced by the following:
Marginal note:President
(2) The Chief Justice or, in the Chief Justice’s absence, the Associate Chief Justice shall preside over the rules committee.
80. Section 23 of the Act is replaced by the following:
Marginal note:Designation of Judicial Administrator
23. (1) The Chief Justice may designate an employee of the Courts Administration Service as the Judicial Administrator of the Court.
Marginal note:Duties
(2) The Judicial Administrator of the Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of the 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; and
(b) arranging for the distribution of judicial business in the Court.
Marginal note:Revocation of designation
(3) 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.
81. The English version of the Act is amended by replacing the word “he” with the expression “he or she” in the following provisions:
(a) subsection 9(2); and
(b) subsection 19(2).
R.S., c. J-1AMENDMENTS TO THE JUDGES ACT
Marginal note:1992, c. 51, s. 2(2)
82. The definition “judge” in section 2 of the English version of the Judges Act is replaced by the following:
“judge”
« juge »
“judge” includes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge, senior judge and regional senior judge.
Marginal note:2001, c. 7, s. 2
83. (1) The portion of paragraph 10(a) of the Act before subparagraph (i) is replaced by the following:
(a) The Chief Justice of the Federal Court of Appeal
Marginal note:2001, c. 7, s. 2
(2) Paragraph 10(c) of the Act is replaced by the following:
(c) The Chief Justice of the Federal Court
(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,
(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,
(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and
(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and
Marginal note:2001, c. 7, s. 2
(3) The portion of paragraph 10(d) of the Act before subparagraph (i) is replaced by the following:
(d) The other judges of the Federal Court, each
Marginal note:2001, c. 7, s. 3
84. Paragraphs 11(a) and (b) of the English version of the Act are replaced by the following:
(a) The Chief Justice
(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,
(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000,
(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, and
(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000;
(b) The Associate Chief Justice
(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,
(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000,
(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, and
(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000; and
Marginal note:2001, c. 7, s. 18
85. Subsection 26.3(3) of the Act is replaced by the following:
Marginal note:Determination of costs
(3) A prothonotary of the Federal Court shall determine the amount of costs, on a solicitor-and-client basis, as if the assessment of costs were an assessment of costs under subsection 413(1) of the Federal Court Rules, 1998, with any modifications that the circumstances require.
Marginal note:R.S., c. 51 (4th Supp.), s. 14; 1996, c. 30, s. 2(1)
86. (1) Subsections 27(3) to (4) of the Act are replaced by the following:
Marginal note:Additional allowance — Federal Courts and Tax Court of Canada
(3) There shall be paid to every judge of the Federal Court of Appeal, the Federal Court and the Tax Court of Canada who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $2,000 as compensation for special incidental expenditures inherent in the exercise of their office as judge.
Marginal note:Continuance in force of subsection (3)
(4) Subsection (3) shall continue in force for so long as subsection 57(2) continues in force in relation to judges of superior courts in the provinces.
Marginal note:1999, c. 3, s. 73(2); 2000, c. 12, s. 168
(2) Subsection 27(6) of the English version of the Act is replaced by the following:
Marginal note:Representational allowance
(6) A chief justice, a puisne judge of the Supreme Court of Canada, the Chief Justice of the Court of Appeal of the Yukon Territory, the Chief Justice of the Court of Appeal of the Northwest Territories, the Chief Justice of the Court of Appeal of Nunavut, the senior judge of the Supreme Court of the Yukon Territory, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or their spouse or common-law partner in discharging the special extra-judicial obligations and responsibilities that devolve on the justice or judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated in respect of each office in subsection (7).
Marginal note:2001, c. 7, s. 19(2)
(3) Paragraphs 27(7)(c) and (d) of the Act are replaced by the following:
(c) The Chief Justice of the Federal Court of Appeal, and each chief justice described in sections 12 to 21 as the chief justice of a province$12,500
(d) Each other chief justice referred to in sections 10 to 21 $10,000
Marginal note:2001, c. 7, s. 19(2)
(4) Paragraph 27(7)(f) of the Act is repealed.
(5) The definition “chief judge” in subsection 27(9) of the English version of the Act is repealed.
87. (1) Subsection 28(1) of the Act is replaced by the following:
Marginal note:Supernumerary judges of the Federal Court of Appeal, Federal Court and Tax Court of Canada
28. (1) If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of Justice of Canada of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall, after giving that notice, hold only the office of supernumerary judge of that Court and shall be paid the salary annexed to that office until the judge reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.
(2) Subsection 28(3) of the Act is replaced by the following:
Marginal note:Duties of judge
(3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge
(a) by the Chief Justice of the Federal Court of Appeal, if the judge is a member of the Federal Court of Appeal;
(b) by the Chief Justice of the Federal Court, if the judge is a member of the Federal Court; or
(c) by the Chief Justice or the Associate Chief Justice of the Tax Court of Canada, if the judge is a judge of that Court.
(3) Subsection 28(4) of the English version of the Act is replaced by the following:
Marginal note:Salary of supernumerary judge
(4) The salary of each supernumerary judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada is the salary annexed to the office of a judge of that Court, other than the office of a Chief Justice or Associate Chief Justice.
88. (1) Subsection 29(1) of the English version of the Act is replaced by the following:
Marginal note:Supernumerary judges of provincial superior courts
29. (1) Where the legislature of a province has enacted legislation establishing for each office of judge of a superior court or courts of the province the additional office of supernumerary judge of the court or courts and a judge of such a court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall thereupon hold only the office of supernumerary judge of that court and shall be paid the salary annexed to that office until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.
(2) The portion of subsection 29(3) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Duties of judge
(3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge
89. The heading before section 31 of the English version of the Act is replaced by the following:
Chief Justice Continuing as Judge
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