Government of Canada / Gouvernement du Canada
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Federal Courts Act

Version of section 12 from 2022-06-23 to 2022-09-22:

Marginal note:Prothonotaries

  •  (1) The Governor in Council may appoint as prothonotaries of the Federal Court any fit and proper persons who are barristers or advocates in a province and who are, in the opinion of the Governor in Council, necessary for the efficient performance of the work of that court that, under the Rules, is to be performed by them.

  • Marginal note:Number of prothonotaries

    (2) The Governor in Council may, by regulation, fix the number of prothonotaries that may be appointed under subsection (1).

  • Marginal note:Supernumerary prothonotaries

    (2.1) For each office of prothonotary of the Federal Court, there is an additional office of supernumerary prothonotary that a prothonotary of the Federal Court may elect under the Judges Act to hold.

  • Marginal note:Powers and duties

    (3) The powers, duties and functions of the prothonotaries shall be determined by the Rules.

  • Marginal note:Salary, allowances and annuities

    (4) Each prothonotary shall be paid a salary, and the allowances and annuities, provided for under the Judges Act.

  • Marginal note:Workload — supernumerary prothonotaries

    (5) The Governor in Council may, by regulation, fix the workload of a supernumerary prothonotary as a percentage of the workload of a prothonotary.

  • Marginal note:Immunity from liability

    (6) A prothonotary shall have the same immunity from liability as a judge of the Federal Court.

  • Marginal note:Term of office

    (7) A prothonotary shall hold office during good behaviour but may be removed by the Governor in Council for cause.

  • Marginal note:Cessation of office

    (8) A prothonotary, whether appointed before or after the coming into force of this subsection, shall cease to hold office on becoming 75 years old.

  • R.S., 1985, c. F-7, s. 12
  • 2002, c. 8, s. 20
  • 2003, c. 22, ss. 225(E), 263
  • 2006, c. 11, s. 23
  • 2014, c. 39, s. 328
  • 2022, c. 10, s. 366

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