51. Sections 53 and 54 of the Act are replaced by the following:

Marginal note:1996, c. 31, s. 83

• 52. (1) Subsection 55(1) of the Act is replaced by the following:

  Marginal note:Application of process

  • 55. (1) The process of the Federal Court of Appeal and of the Federal Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable.

• (2) Subsections 55(4) and (5) of the Act are replaced by the following:

  • Marginal note:Sheriff to execute process

    (4) A sheriff or marshal shall execute the process of the Federal Court of Appeal or the Federal Court that is directed to the sheriff or marshal, whether or not it requires the sheriff or marshal to act outside their geographical jurisdiction, and shall perform all other duties expressly or impliedly assigned to the sheriff or marshal by the Rules.

  • Marginal note:Federal Court process if absence or incapacity of sheriff

    (5) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

  • Marginal note:Federal Court of Appeal process if absence or incapacity of sheriff

    (6) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court of Appeal shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

• 53. (1) Subsections 56(1) and (2) of the Act are replaced by the following:

  Marginal note:Analogy to provincial process

  • 56. (1) In addition to any writs of execution or other process that are prescribed by the Rules for enforcement of its judgments or orders, the Federal Court of Appeal or the Federal Court may issue process against the person or the property of any party, of the same tenor and effect as those that may be issued out of any of the superior courts of the province in which a judgment or an order is to be executed, and if, by the law of that province, an order of a judge is required for the issue of a process, a judge of that court may make a similar order with respect to like process to issue out of that court.

  • Marginal note:Process against person

    (2) No person shall be taken into custody under process of execution for debt issued out of the Federal Court of Appeal or the Federal Court.

• (2) Subsection 56(3) of the English version of the Act is replaced by the following:

  • Marginal note:Process against property

    (3) All writs of execution or other process against property, whether prescribed by the Rules or authorized by subsection (1), shall

    • (a) unless otherwise provided by the Rules, be executed, with respect to the property liable to execution and the mode of seizure and sale, as nearly as possible in the same manner as similar writs or process that are issued out of the superior courts of the province in which the property to be seized is situated are, by the law of that province, required to be executed; and

    • (b) bind property in the same manner as similar writs or process issued by the provincial superior courts, and the rights of purchasers under the writs or process are the same as those of purchasers under those similar writs or process.

• (3) Subsection 56(4) of the Act is replaced by the following:

  • Marginal note:Claim against property seized

    (4) Every claim made by a person to property seized under a writ of execution or other process issued out of the Federal Court of Appeal or the Federal Court, or to the proceeds of its sale, shall, unless otherwise provided by the Rules, be heard and disposed of as nearly as may be according to the procedure applicable to like claims to property seized under similar writs or process issued out of the courts of the provinces.

Marginal note:1990, c. 8, s. 19

• 54. (1) Subsections 57(1) and (2) of the Act are replaced by the following:

  Marginal note:Constitutional questions

  • 57. (1) If the constitutional validity, applicability or operability of an Act of Parliament or of the legislature of a province, or of regulations made under such an Act, is in question before the Federal Court of Appeal or the Federal Court or a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, the Act or regulation 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 Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, orders otherwise.

• Marginal note:1990, c. 8, s. 19

  (2) Subsection 57(3) of the English version of the Act is replaced by the following:

  • Marginal note:Notice of appeal or application for judicial review

    (3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal or application for judicial review made in respect of the constitutional question.

• Marginal note:1990, c. 8, s. 19

  (3) Subsection 57(4) of the Act is replaced by the following:

  • 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 Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, in respect of the constitutional question.

• Marginal note:1990, c. 8, s. 19

  (4) Subsection 57(5) of the English version of the Act is replaced by the following:

  • 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.

Marginal note:1990, c. 8, s. 19

55. Section 57.1 of the Act is replaced by the following:

56. Subsections 58(1) and (2) of the Act are replaced by the following:

57. Section 59 of the Act is replaced by the following: