Courts Administration Service Act (S.C. 2002, c. 8)
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Assented to 2002-03-27
R.S., c. J-1AMENDMENTS TO THE JUDGES ACT
102. Section 55 of the English version of the Act is replaced by the following:
Marginal note:Judicial duties exclusively
55. No judge shall, either directly or indirectly, for himself or herself or others, engage in any occupation or business other than his or her judicial duties, but every judge shall devote himself or herself exclusively to those judicial duties.
103. Subsection 57(3) of the English version of the Act is replaced by the following:
Marginal note:Expenses excepted
(3) In the cases described in subsection (1), a judge may receive his or her moving or transportation expenses and the reasonable travel and other expenses incurred by him or her away from his or her ordinary place of residence while acting in any such capacity or in the performance of any such duty or service, in the same amount and under the same conditions as if the judge were performing a function or duty as such judge, if those expenses are paid in respect of any matter within the legislative authority of Parliament, by the Government of Canada, and in respect of any matter within the legislative authority of the legislature of a province, by the government of the province.
104. (1) Paragraph 59(1)(e) of the Act is repealed.
(2) Subsection 59(4) of the English version of the Act is replaced by the following:
Marginal note:Substitute member
(4) Each member of the Council may appoint a judge of that member’s court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he or she is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council.
Marginal note:1992, c. 51, s. 26
105. (1) Subsection 60(1) of the Act is replaced by the following:
Marginal note:Objects of Council
60. (1) The objects of the Council are to promote efficiency and uniformity, and to improve the quality of judicial service, in superior courts.
(2) Paragraph 60(2)(a) of the English version of the Act is replaced by the following:
(a) establish conferences of chief justices and associate chief justices;
Marginal note:1992, c. 51, s. 27
106. (1) Subsections 63(1) and (2) of the Act are replaced by the following:
Marginal note:Inquiries
63. (1) The Council shall, at the request of the Minister or the attorney general of a province, commence an inquiry as to whether a judge of a superior court should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d).
Marginal note:Investigations
(2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court.
(2) Paragraph 63(4)(a) of the English version of the Act is replaced by the following:
(a) power to summon before it any person or witness and to require him or her to give evidence on oath, orally or in writing or on solemn affirmation if the person or witness is entitled to affirm in civil matters, and to produce such documents and evidence as it deems requisite to the full investigation of the matter into which it is inquiring; and
Marginal note:1992, c. 51, s. 28
107. Paragraph 69(1)(a) of the Act is replaced by the following:
(a) a judge of a superior court, or
108. Paragraphs 74(1)(b) and (c) of the Act are replaced by the following:
(b) prepare budgetary submissions for the requirements of the Council;
(c) be responsible for any other administrative arrangements that are necessary to ensure that all reasonable requirements, including those for premises, equipment and other supplies and services and for officers, clerks and employees of the Council for the carrying out of its operations, are provided for in accordance with law; and
109. Section 76 of the Act and the heading before it are repealed.
110. Sections 77 and 78 of the Act are replaced by the following:
Marginal note:Appointment
77. The officers, clerks and employees who are required by the Commissioner to carry out the Commissioner’s duties and functions under section 74 shall be appointed under the Public Service Employment Act.
Marginal note:Commissioner is deputy head
78. The Commissioner and the officers, clerks and employees appointed under section 77 shall be a portion of the public service of Canada that is separate from the Department of Justice and of which the Commissioner shall be the deputy head.
111. The English version of the Act is amended by replacing the word “his” with the expression “his or her” in the following provisions:
(a) subsection 42(3);
(b) subsection 51(2);
(c) subsection 53(5);
(d) section 64; and
(e) paragraph 65(2)(d).
RELATED AND CONSEQUENTIAL AMENDMENTS
R.S., c. A-1Access to Information Act
112. Subsection 52(1) of the Access to Information Act is replaced by the following:
Marginal note:Applications relating to international affairs or defence
52. (1) An application under section 41 or 42 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)(a) or (b) or section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications.
113. Subsection 55(2) of the Act is replaced by the following:
Marginal note:Salary and expenses
(2) The Information Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this or any other Act of Parliament.
1997, c. 33Anti-Personnel Mines Convention Implementation Act
114. Subsection 11(2) of the Anti-Personnel Mines Convention Implementation Act is replaced by the following:
Marginal note:Application for court order
(2) If a person objects to providing or fails to provide any requested document or information within the specified time, the Minister may apply to a judge of a superior court for an order requiring the person to provide it.
R.S.C. 1970, c. A-16Army Benevolent Fund Act
Marginal note:R.S.C. 1970, c. 10 (2nd Supp.), s. 64(2)
115. Subsection 3(5) of the Army Benevolent Fund Act is replaced by the following:
Marginal note:Moneys in Fund the property of Her Majesty
(5) All moneys and securities required by this section to be paid or transferred to the Receiver General are hereby declared to be and to have been the property of Her Majesty in right of Canada and may be recovered by action on behalf of Her Majesty in the Federal Court.
2000, c. 9Canada Elections Act
116. Subsection 15(2) of the Canada Elections Act is replaced by the following:
Marginal note:Salary and expenses of Chief Electoral Officer
(2) The Chief Electoral Officer shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.
117. Paragraph 525(1)(b) of the Act is replaced by the following:
(b) the Federal Court.
R.S., c. C-5Canada Evidence Act
Marginal note:1997, c. 18, s. 117
118. Subsection 23(1) of the Canada Evidence Act is replaced by the following:
Marginal note:Evidence of judicial proceedings, etc.
23. (1) Evidence of any proceeding or record whatever of, in or before any court in Great Britain, the Supreme Court, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, any court in a province, any court in a British colony or possession or any court of record of the United States, of a state of the United States or of any other foreign country, or before any justice of the peace or coroner in a province, may be given in any action or proceeding by an exemplification or certified copy of the proceeding or record, purporting to be under the seal of the court or under the hand or seal of the justice, coroner or court stenographer, as the case may be, without any proof of the authenticity of the seal or of the signature of the justice, coroner or court stenographer or other proof whatever.
119. Paragraph 37(5)(a) of the Act is replaced by the following:
(a) to the Federal Court of Appeal from a determination of the Federal Court or the Tax Court of Canada; or
R.S., c. L-2Canada Labour Code
Marginal note:R.S., c. 9 (1st Supp.), s. 4
120. Section 152 of the Canada Labour Code is replaced by the following:
Marginal note:Injunction proceedings
152. The Minister may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part.
R.S., c. C-8Canada Pension Plan
Marginal note:R.S., c. 30 (2nd Supp.), s. 45(1)
121. (1) Paragraphs 83(5)(a) and (b) of the Canada Pension Plan are replaced by the following:
(a) a Chairman and a Vice-Chairman, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province; and
(b) not less than one and not more than ten other persons, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province.
Marginal note:1995, c. 33, s. 36(2)
(2) Subsection 83(5.1) of the Act is replaced by the following:
Marginal note:Temporary members of the Board
(5.1) Subject to subsections (5.2) and (5.3), in addition to the members of the Pension Appeals Board for whom provision is made by subsection (5), any judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court or of a superior or district court of a province may, on the request of the Chairman of the Board made with the approval of the Governor in Council, act as a temporary member of the Board.
Marginal note:1995, c. 33, s. 36(2)
(3) Paragraph 83(5.2)(a) of the Act is replaced by the following:
(a) to a judge of the Federal Court of Appeal or the Federal Court, without the consent of the Chief Justice of the Court or of the Attorney General of Canada; or
1996, c. 10Canada Transportation Act
122. Subsection 33(1) of the Canada Transportation Act is replaced by the following:
Marginal note:Enforcement of decision or order
33. (1) A decision or an order of the Agency may be made an order of any superior court and is enforceable in the same manner as such an order.
R.S., c. C-20Canadian Ownership and Control Determination Act
Marginal note:1990, c. 8, s. 48
123. Section 27 of the Canadian Ownership and Control Determination Act is replaced by the following:
Marginal note:Judicial review
27. A person that is directly affected by a determination or redetermination of Canadian ownership rate by the Minister under subsection 7(2), 12(1) or 21(1) may apply for judicial review under the Federal Courts Act by filing a notice of the application in the Federal Court within 30 days after the determination or redetermination is made, or within any further time that the Court or a judge of the Court may fix or allow before or after the end of those 30 days.
1999, c. 35Civil International Space Station Agreement Implementation Act
124. Subsection 7(2) of the Civil International Space Station Agreement Implementation Act is replaced by the following:
Marginal note:Application for court order
(2) If a person objects to providing or fails to provide the Minister or a designated person, as the case may be, with any requested information or a requested document within the specified period, the Minister may apply to a judge of a superior court of a province or of the Federal Court for an order requiring the person to provide it.
R.S., c. 17 (2nd Supp.)Commercial Arbitration Act
125. Section 6 of the Commercial Arbitration Act is replaced by the following:
Definition of “court” or “competent court”
6. In the Code, “court” or “competent court” means a superior, county or district court, except when the context requires otherwise.
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act
Marginal note:R.S., c. 19 (2nd Supp.), s. 24; 1999, c. 2, par. 37(d)
126. The portion of subsection 11(1) of the Competition Act before paragraph (a) is replaced by the following:
Marginal note:Order for oral examination, production or written return
11. (1) If, on the ex parte application of the Commissioner or his or her authorized representative, a judge of a superior or county court is satisfied by information on oath or solemn affirmation that an inquiry is being made under section 10 and that a person has or is likely to have information that is relevant to the inquiry, the judge may order the person to
Marginal note:R.S., c. 19 (2nd Supp.), s. 24
127. Subsection 14(3) of the Act is replaced by the following:
Marginal note:Application to court
(3) A judge of a superior or county court may, on application by a presiding officer, order any person to comply with an order made by the presiding officer under subsection (2).
Marginal note:R.S., c. 19 (2nd Supp.), s. 24; 1999, c. 2, par. 37(g)
128. The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Warrant for entry of premises
15. (1) If, on the ex parte application of the Commissioner or his or her authorized representative, a judge of a superior or county court is satisfied by information on oath or solemn affirmation
Marginal note:R.S., c. 19 (2nd Supp.), s. 24
129. Paragraph 17(1)(a) of the Act is replaced by the following:
(a) take the record or other thing before the judge who issued the warrant or a judge of the same court or, if no warrant was issued, before a judge of a superior or county court; or
R.S., c. 19 (2nd Supp.), Part ICompetition Tribunal Act
130. Subsection 13(1) of the Competition Tribunal Act is replaced by the following:
Marginal note:Appeal
13. (1) Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court.
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