Courts Administration Service Act (S.C. 2002, c. 8)

Supreme Court Act

175 and 176 [Amendments]

Trade-marks Act

177 [Amendment]

United Nations Foreign Arbitral Awards Convention Act

178 [Amendment]

Veterans Review and Appeal Board Act

179 [Amendment]

Yukon First Nations Self-Government Act

180 [Amendment]

Yukon Surface Rights Board Act

181 [Amendment]

References

• 182 (1) and (2) [Amendments]

• Marginal note:General replacement

  (3) Unless the context requires otherwise, the expression “Federal Court Act” is replaced by the expression “Federal Courts Act” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred under an Act of Parliament, or

    • (ii) by order or under the authority of the Governor in Council.

• 183 (1) [Amendment]

• Marginal note:References to Federal Court — Trial Division generally

  (2) Unless the context requires otherwise, the expression “Federal Court — Trial Division” is replaced by the expression “Federal Court” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred under an Act of Parliament, or

    • (ii) by order or under the authority of the Governor in Council.

184 [Amendment]

Transitional Provisions

Marginal note:Chief Justice of Federal Court of Canada

• 185 (1) The person holding the office of Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court of Appeal.

• Marginal note:Associate Chief Justice of Federal Court of Canada

  (2) The person holding the office of Associate Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court.

• Marginal note:Other judges in the Federal Court — Appeal Division

  (3) Every other person holding office as a judge or supernumerary judge of the Federal Court — Appeal Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court of Appeal.

• Marginal note:Other judges in the Federal Court — Trial Division

  (4) Every other person holding office as a judge or supernumerary judge of the Federal Court — Trial Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court.

• Marginal note:Prothonotaries

  (5) Every person holding office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary, as the case may be, of the Federal Court.

• Marginal note:Sheriffs

  (6) Every person holding office as sheriff or deputy sheriff of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as sheriff or deputy sheriff, as the case may be, of the Federal Court of Appeal and the Federal Court.

• Marginal note:Commissioner for taking oaths

  (7) Every person who on the coming into force of section 1 of this Act was empowered to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Canada because of a commission under subsection 54(2) of the Federal Court Act is empowered in or outside Canada to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Appeal and the Federal Court as though the person had been so empowered by a commission under subsection 54(2) of the Federal Courts Act.

• Marginal note:Chief Justice of the Tax Court of Canada

  (8) The person holding the office of Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Chief Justice of the Tax Court of Canada.

• Marginal note:Associate Chief Justice of the Tax Court of Canada

  (9) The person holding the office of Associate Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Associate Chief Justice of the Tax Court of Canada.

• Marginal note:Deputy judges of Tax Court of Canada

  (10) A person who, on the coming into force of section 1 of this Act, was authorized to act as a deputy judge of the Tax Court of Canada may act as a deputy judge of that Court if requested to do so by the Chief Justice of the Court.

• Marginal note:Interpretation

  (11) For the purposes of subsections 31(1) and (2) of the Judges Act, as enacted by subsection 90(1) of this Act, any period during which a person holds the office of Chief Justice or Associate Chief Justice of the Federal Court of Canada is deemed to be a period during which he or she holds the office of Chief Justice of the Federal Court of Appeal or the Federal Court.

• Marginal note:For greater certainty

  (12) For greater certainty, for the purposes of sections 31, 43 and 44 of the English version of the Judges Act, “Chief Justice” and “Associate Chief Justice” include “Chief Judge” and “Associate Chief Judge”, respectively.

• Marginal note:Letters patent

  (13) Letters patent under the Great Seal may be issued under the authority of the Governor in Council to each of the persons referred to in subsections (1) to (4), (8) and (9) evidencing the person’s office by virtue of this section.

• Marginal note:Transfer of court employees

  (14) Nothing in this Act shall be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the coming into force of section 1 of this Act, occupied a position in or was a member of the staff of the Federal Court of Canada or the Tax Court of Canada, except that the employee, on that coming into force, occupies that position in the Courts Administration Service under the authority of the Chief Administrator of that Service.

Marginal note:Jurisdiction

186 Any jurisdiction of the Federal Court of Appeal or the Federal Court created by this Act shall be exercised in respect of matters arising before or after the coming into force of section 1 of this Act.

Marginal note:Judicial review rules to apply to certain appeals

• 187 (1) The provisions of the Federal Court Rules, 1998 that govern applications to the Federal Court of Appeal under section 28 of the Federal Courts Act apply to appeals to the Federal Court of Appeal under subsection 27(1.2) of that Act, with any modifications that the circumstances require, until other provisions are made to govern those appeals.

• Marginal note:Other provisions to remain in force

  (2) All provisions of law and rules and orders regulating the practice and procedure in the Federal Court of Canada on the coming into force of section 1 of this Act remain in force until amended, repealed or otherwise determined, to the extent that they are not inconsistent with the provisions of this Act.

Marginal note:Court proceedings to continue

188 Every proceeding taken in the Federal Court of Canada before the coming into force of section 1 of this Act shall be continued in conformity with the Federal Courts Act.

Marginal note:Court premises and supplies

189 All premises and supplies assigned to the Federal Court of Canada and the Tax Court of Canada on the coming into force of section 1 of this Act shall be assigned to the Courts Administration Service.

Marginal note:Appropriations

190 Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Registry of the Federal Court of Canada and the Registry of the Tax Court of Canada, is an amount appropriated for defraying the charges and expenses of the Courts Administration Service.

Marginal note:Rules made previously

191 Rules that were made under section 46 of the Federal Court Act before the coming into force of section 44 of this Act are deemed to have been validly made and continue to have force as though they had been made under section 46 of the Federal Courts Act, as amended by section 44 of this Act.

Marginal note:Special Import Measures Act

192 Subsection 12(1.1), paragraphs 44(2)(a) and 59(1)(d) and subsections 77.01(1) and 77.1(1) of the Special Import Measures Act, as enacted or amended by sections 169 to 173 of this Act, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.

Coordinating Amendments

193 to 198 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*199 The provisions of this Act, other than sections 193 to 198, and the provisions of any Act enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 193 to 198 in force on assent March 27, 2002; Act, except sections 193 to 198, in force July 2, 2003, see SI/2003-109.]