Courts Administration Service Act (S.C. 2002, c. 8)
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Assented to 2002-03-27
R.S., c. C-42Copyright Act
Marginal note:R.S., c. 10 (4th Supp.), s. 12
131. Subsection 66.7(2) of the French version of the Copyright Act is replaced by the following:
Marginal note:Assimilation
(2) Les décisions de la Commission peuvent, en vue de leur exécution, être assimilées à des actes de la Cour fédérale ou de toute cour supérieure; le cas échéant, leur exécution s’effectue selon les mêmes modalités.
1992, c. 20Corrections and Conditional Release Act
Marginal note:1995, c. 42, s. 59
132. Subsection 155.1(2) of the Corrections and Conditional Release Act is replaced by the following:
Marginal note:Judge to conduct inquiry
(2) If the Minister considers it appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 155.2 referred to as a “judge”, shall conduct the inquiry.
1984, c. 18Cree-Naskapi (of Quebec) Act
133. Subsection 55(2) of the English version of the Cree-Naskapi (of Quebec) Act is replaced by the following:
Marginal note:Exclusion of Federal Court’s jurisdiction
(2) Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1).
R.S., c. 1 (2nd Supp.)Customs Act
134. Subsection 135(2) of the Customs Act is replaced by the following:
Marginal note:Ordinary action
(2) The Federal Courts Act and the rules made under that Act applicable to ordinary actions apply in respect of actions instituted under subsection (1) except as varied by special rules made in respect of such actions.
1996, c. 23Employment Insurance Act
Marginal note:1998, c. 19, s. 270
135. (1) Subsection 112(2) of the Employment Insurance Act is replaced by the following:
Marginal note:Judges acting as umpires
(2) Subject to subsection (4), a judge or former judge of a superior, county or district court or a judge or former judge appointed under an Act of Parliament or the legislature of a province may, at the request of the chief umpire made with the approval of the Governor in Council, act as an umpire and, while so acting, the judge or former judge has all the powers of an umpire.
(2) Subsection 112(5) of the Act is replaced by the following:
Marginal note:Salary and travel allowance
(5) A judge or former judge who acts as an umpire shall be paid
(a) a salary for the period the person acts at the rate fixed by the Judges Act for a judge of the Federal Court, other than the Chief Justice of that Court, less any amount otherwise payable to the person under that Act for the period; and
(b) the travel allowances that a judge is entitled to be paid under that Act.
R.S., c. E-9Energy Supplies Emergency Act
Marginal note:1996, c. 10, s. 222(1)
136. Subsection 42(1) of the Energy Supplies Emergency Act is replaced by the following:
Marginal note:Injunctions and orders
42. (1) When it appears to the Board that a person or an organization has engaged in, is engaged in or is about to engage in any acts or practices in contravention of a provision of a regulation made under this Act or in contravention of a decision or an order made by the Canadian Transportation Agency or the National Energy Board under a direction given under this Act, the Board may request the Attorney General of Canada to bring an action in a superior court to enjoin those acts or practices.
R.S., c. E-15Excise Tax Act
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3))
137. (1) Subsections 81.28(1) and (2) of the Excise Tax Act are replaced by the following:
Marginal note:Institution of appeal to Court
81.28 (1) An appeal to the Federal Court under section 81.2, 81.22 or 81.24 shall be instituted
(a) in the case of an appeal by a person, other than the Minister, in the manner set out in section 48 of the Federal Courts Act; and
(b) in the case of an appeal by the Minister, in the manner provided by the rules made under the Federal Courts Act for the commencement of an action.
Marginal note:Counter-claim or cross-demand
(2) If the respondent in an appeal under section 81.24 from a decision of the Tribunal desires to appeal that decision, the respondent may do so, whether or not the time fixed by that section has expired, by a counter-claim or cross-demand instituted in accordance with the Federal Courts Act and the rules made under that Act.
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)
(2) The portion of subsection 81.28(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Procedure
(3) An appeal to the Federal Court under this Part is deemed to be an action in the Federal Court to which the Federal Courts Act and the rules made under that Act applicable to an ordinary action apply, except as varied by special rules made in respect of such appeals and except that
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)
(3) Paragraph 81.28(3)(b) of the Act is replaced by the following:
(b) a copy of a notice of objection filed with the Federal Court under subsection 81.21(3) is deemed to be a statement of claim that is filed with the Court by the person serving the notice and served by that person on the Minister on the day it was so filed by the Minister; and
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)
138. Subsection 81.37(1) of the Act is replaced by the following:
Marginal note:Reference to Federal Court
81.37 (1) If the Minister and a person agree in writing that a question of law, fact or mixed law and fact relating to this Act should be determined by the Federal Court, the question shall be determined by that Court under subsection 17(3) of the Federal Courts Act.
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3))
139. The portion of subsection 81.38(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Payment by Minister on appeal
81.38 (1) If the Tribunal, the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada has, on the disposition of an appeal under this Part,
Marginal note:R.S., c. 7 (2nd Supp.), s. 41(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3))
140. Subsection 86(8) of the Act is replaced by the following:
Marginal note:Delay when agreement
(8) Despite subsections (1) to (7), if a person has served a notice of objection under section 81.15 or has appealed to the Tribunal or the Federal Court under this Part, otherwise than under section 81.33, in respect of an assessment and agrees in writing with the Minister to delay proceedings on the objection or appeal until a decision or judgment is rendered in another action before the Tribunal, the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada in which the issue is the same or substantially the same as that raised in the objection or appeal of that person, the Minister may take any of the actions described in paragraphs (4)(a) to (d) for the purpose of collecting any sum for which that person has been assessed, determined in a manner consistent with the decision or judgment of the Tribunal or Court in the other action, at any time after the Minister notifies the person in writing that the decision or judgment has been rendered.
1999, c. 18Extradition Act
141. (1) Subsection 57(1) of the Extradition Act is replaced by the following:
Marginal note:Review of order
57. (1) Despite the Federal Courts Act, the court of appeal of the province in which the committal of the person was ordered has exclusive original jurisdiction to hear and determine applications for judicial review under this Act, made in respect of the decision of the Minister under section 40.
(2) Subsection 57(7) of the Act is replaced by the following:
Marginal note:Grounds of review
(7) The court of appeal may grant relief under this section on any of the grounds on which the Federal Court may grant relief under subsection 18.1(4) of the Federal Courts Act.
R.S., c. F-11Financial Administration Act
Marginal note:1992, c. 1, s. 72
142. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the references to
Registry of the Federal Court of Canada
Greffe de la Cour fédérale du Canada
Registry of the Tax Court of Canada
Greffe de la Cour canadienne de l’impôt
and the corresponding references in column II to the “Minister of Justice”.
143. Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to
Courts Administration Service
Service administratif des tribunaux judiciaires
and a corresponding reference in column II to the “Minister of Justice”.
R.S., c. I-2Immigration Act
Marginal note:1992, c. 49, s. 53
144. Subsection 63.1(2) of the Immigration Act is replaced by the following:
Marginal note:Appointment
(2) If the Minister considers that it is appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 63.2 referred to as the “judge”, shall conduct the inquiry.
Marginal note:1992, c. 49, s. 73
145. Subsection 83(4) of the Act is replaced by the following:
Marginal note:Refusal not subject to appeal
(4) For greater certainty, a refusal of the Federal Court to certify that a serious question of general importance is involved in any matter is not subject to appeal.
Marginal note:1992, c. 49, s. 73
146. Subsection 84(1) of the Act is replaced by the following:
Marginal note:Rules
84. (1) Subject to the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to
(a) applications under section 82.1 for leave to commence an application for judicial review,
(b) applications for judicial review under that Act with respect to any decision or order made, or any matter arising, under this Act or the rules or regulations made under this Act, and
(c) appeals referred to in section 83,
and those rules shall be binding despite any rule or practice that would otherwise be applicable.
Marginal note:R.S., c. 29 (4th Supp.), s. 11
147. Subsection 102.17(2) of the Act is replaced by the following:
Marginal note:Ordinary action
(2) The Federal Courts Act and the rules made under that Act applicable to ordinary actions apply in respect of actions instituted under subsection (1), except as varied by special rules made in respect of such actions.
R.S., c. 1 (5th Supp.)Income Tax Act
148. The heading before section 169 of the Income Tax Act is replaced by the following:
Division J — Appeals to the Tax Court of Canada and the Federal Court of Appeal
149. Subsection 176(2) of the Act is replaced by the following:
Marginal note:Documents to be transferred to Federal Court of Appeal
(2) As soon as is reasonably practicable after receiving notice of an appeal to the Federal Court of Appeal in respect of which section 180 applies, the Minister shall cause to be transmitted to the registry of that Court copies of all documents that are relevant to the decision of the Minister appealed from.
1991, c. 13International Sale of Goods Contracts Convention Act
150. Section 7 of the International Sale of Goods Contracts Convention Act is replaced by the following:
Marginal note:Jurisdiction
7. The Federal Court and the superior courts of the provinces are courts of competent jurisdiction for the purpose of the enforcement of this Act and the Convention.
R.S., c. I-21Interpretation Act
151. (1) The definitions “Federal Court”, “Federal Court — Appeal Division” or “Federal Court of Appeal” and “Federal Court — Trial Division” in subsection 35(1) of the Interpretation Act are repealed.
(2) The portion of the definition “superior court” in subsection 35(1) of the Act after paragraph (e) is replaced by the following:
and includes the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada;
R.S., c. 28 (1st Supp.)Investment Canada Act
152. Subsection 40(6) of the Investment Canada Act is replaced by the following:
Definition of “superior court”
(6) In this section, “superior court” has the same meaning as in subsection 35(1) of the Interpretation Act but does not include the Supreme Court of Canada, the Federal Court of Appeal or the Tax Court of Canada.
R.S., c. N-5National Defence Act
153. Subsection 234(2) of the National Defence Act is replaced by the following:
Marginal note:Judges
(2) The judges of the Court Martial Appeal Court are
(a) not fewer than four judges of the Federal Court of Appeal or the Federal Court to be designated by the Governor in Council; and
(b) any additional judges of a superior court of criminal jurisdiction who are appointed by the Governor in Council.
Marginal note:Deputy judges of the Court
(2.1) Subject to subsection (2.2), any former judge of the Court Martial Appeal Court may, at the request of the Chief Justice of that Court made with the approval of the Governor in Council, act as a judge of the Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court.
Marginal note:Approval of Governor in Council
(2.2) The Governor in Council may approve the making of requests under subsection (2.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under that subsection.
Marginal note:Salary
(2.3) A person who acts as a judge under subsection (2.1) shall be paid a salary for the period he or she acts at the rate fixed by the Judges Act for a judge of the Federal Court of Appeal or the Federal Court, other than a Chief Justice, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act.
Marginal note:Giving of judgment after judge ceases to hold office
(2.4) If a judge of the Court Martial Appeal Court resigns his or her office or is appointed to another court or otherwise ceases to hold office, he or she may, at the request of the Chief Justice of the Court Martial Appeal Court, at any time within eight weeks after that event give judgment in any cause, action or matter previously tried by or heard before him or her as if he or she had continued in office.
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