Courts Administration Service Act (S.C. 2002, c. 8)
Full Document:
Assented to 2002-03-27
Marginal note:R.S., c. 51 (4th Supp.), s. 5
72. Sections 17.6 and 17.7 of the Act are replaced by the following:
Marginal note:Appeals to Federal Court of Appeal
17.6 An appeal from a judgment of the Court in a proceeding in respect of which this section applies lies to the Federal Court of Appeal in accordance with section 27 of the Federal Courts Act.
Marginal note:Procedure
17.7 A party wishing to appeal to the Federal Court of Appeal from a judgment of the Court in a proceeding in respect of which this section applies shall give notice of appeal to the Registry of the Federal Court of Appeal and all provisions of the Federal Courts Act and the rules made under that Act governing appeals to the Federal Court of Appeal apply, with any modifications that the circumstances require, in respect of the appeal.
Marginal note:R.S., c. 51 (4th Supp.), s. 5
73. Subsection 18.19(1) of the Act is replaced by the following:
Marginal note:Notice of hearing
18.19 (1) When the date of a hearing has been fixed, a copy of the notice of hearing shall, not later than thirty days before that date, be sent by registered mail to all parties, or served on all parties.
Marginal note:1993, c. 27, s. 220(2)
74. Subsection 18.22(3) of the Act is replaced by the following:
Marginal note:Copy of decision
(3) On the disposition of an appeal referred to in section 18, a copy of the decision and written reasons for the decision, if any, shall be forwarded by registered mail to the Minister of National Revenue and to each party to the appeal.
Marginal note:R.S., c. 51 (4th Supp.), s. 5
75. Sections 18.24 and 18.25 of the Act are replaced by the following:
Marginal note:Final judgment
18.24 An appeal from a judgment of the Court in a proceeding in respect of which this section applies lies to the Federal Court of Appeal in accordance with section 27 of the Federal Courts Act.
Marginal note:Costs
18.25 If the Minister of National Revenue appeals a judgment referred to in section 18.24, the reasonable and proper costs of the taxpayer in respect of the appeal shall be paid by Her Majesty in right of Canada.
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
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