Exception

(5) Subsection (4) does not apply to a counter-claim or an action for a collision, in respect of which another action has already been commenced in the Federal Court.

1990, c. 8, s. 12

(4) Subsections 43(8) and (9) of the Act are replaced by the following:

Arrest

(8) The jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is beneficially owned by the person who is the owner of the ship that is the subject of the action.

Reciprocal security

(9) In an action for a collision in which a ship, an aircraft or other property of a defendant has been arrested, or security has been given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, an aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Federal Court may stay the proceedings in the principal action until security has been given to answer judgment in the cross-action or counter-claim.

41. Section 44 of the Act is replaced by the following:

Mandamus, injunction, specific performance or appointment of receiver

44. In addition to any other relief that the Federal Court of Appeal or the Federal Court may grant or award, a mandamus, an injunction or an order for specific performance may be granted or a receiver appointed by that court in all cases in which it appears to the court to be just or convenient to do so. The order may be made either unconditionally or on any terms and conditions that the court considers just.

42. Section 45 of the Act is replaced by the following:

Giving of judgment after judge ceases to hold office

45. (1) A judge of the Federal Court of Appeal or the Federal Court who resigns or is appointed to another court or otherwise ceases to hold office may, at the request of the Chief Justice of that court , at any time within eight weeks after that event, give judgment in any cause, action or matter previously tried by or heard before the judge as if he or she had continued in office.

Taking part in giving of judgment after judge of Federal Court of Appeal ceases to hold office

(2) If a judge of the Federal Court of Appeal who resigns or is appointed to another court or otherwise ceases to hold office has heard a cause, an action or a matter in the Federal Court of Appeal jointly with other judges of that court, the judge may, at the request of the Chief Justice of the Federal Court of Appeal , at any time within eight weeks after the resignation, appointment or other ceasing to hold office , take part in the giving of judgment by that court as if he or she had continued in office .

If judge unable to take part in giving of judgment

(3) If a person to whom subsection (2) applies or any other judge by whom a matter in the Federal Court of Appeal has been heard is unable to take part in the giving of judgment or has died, the remaining judges may give judgment and, for that purpose, are deemed to constitute the Federal Court of Appeal .

1990, c. 8, s. 13

43. (1) Paragraphs 45.1(1)(a) to (c) of the Act are replaced by the following:

    (a) the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court ;

    (b) three judges designated by the Chief Justice of the Federal Court of Appeal and five judges designated by the Chief Justice of the Federal Court;

    (b.1) the Chief Administrator of the Courts Administration Service;

    (c) five members of the bar of any province designated by the Attorney General of Canada, after consultation with the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court ; and

1990, c. 8, s. 13

(2) Subsections 45.1(2) and (3) of the Act are replaced by the following:

Represen-
tation

(2) The persons referred to in paragraph (1)(c) should be representative of the different regions of Canada and have experience in fields of law in respect of which the Federal Court of Appeal and the Federal Court have jurisdiction.

Chief Justice shall preside

(3) The Chief Justice of the Federal Court of Appeal or a member designated by the Chief Justice shall preside over the rules committee.

44. (1) The portion of paragraph 46(1)(a) of the Act before subparagraph (i) is replaced by the following:

    (a) for regulating the practice and procedure in the Federal Court of Appeal and in the Federal Court , including, without restricting the generality of the foregoing,

(2) Subparagraph 46(1)(a)(v) of the Act is replaced by the following:

      (v) rules governing the taking of evidence before a judge or any other qualified person, in or outside Canada, before or during trial and on commission or otherwise, of any person at a time either before or after the commencement of proceedings in the Federal Court of Appeal or the Federal Court to enforce the claim or possible claim in respect of which the evidence is required,

1990, c. 8, s. 14(2)

(3) Subparagraph 46(1)(a)(x) of the Act is replaced by the following:

      (x) rules governing the material to be furnished to the Federal Court of Appeal or the Federal Court by the Tax Court of Canada or any federal board, commission or other tribunal, for the purposes of any appeal, application or reference;

(4) Paragraphs 46(1)(c) and (d) of the Act are replaced by the following:

    (c) for the effectual execution and working of any Act by or under which jurisdiction is conferred on the Federal Court of Appeal or the Federal Court or on any judge of either court in respect of proceedings in that court and the attainment of the intention and objects of that Act;

    (d) for fixing the fees to be paid by a party to the Registry of the Federal Court of Appeal and of the Federal Court for payment into the Consolidated Revenue Fund in respect of proceedings in those courts ;

(5) Paragraph 46(1)(e) of the English version of the Act is replaced by the following:

    (e) for regulating the duties of officers of the Federal Court of Appeal or the Federal Court ;

(6) Paragraph 46(1)(g) of the English version of the Act is replaced by the following:

    (g) for awarding and regulating costs in the Federal Court of Appeal or the Federal Court in favour of or against the Crown, as well as the subject;

(7) Paragraphs 46(1)(h) and (i) of the Act are replaced by the following:

    (h) empowering a prothonotary to exercise any authority or jurisdiction, subject to supervision by the Federal Court, even though the authority or jurisdiction may be of a judicial nature;

    (i) permitting a judge or prothonotary to vary a rule or to dispense with compliance with a rule in special circumstances;

    (j) despite subsection 28(3), providing for the enforcement of orders of the Federal Court of Appeal in the Federal Court;

    (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) dealing with any other matter that any provision of this Act contemplates being the subject of a rule or the Rules.

45. Sections 48 and 49 of the Act are replaced by the following:

How proceeding against Crown instituted

48. (1) A proceeding against the Crown shall be instituted by filing in the Registry of the Federal Court the original and two copies of a document that may be in the form set out in the schedule and by payment of the sum of $2 as a filing fee.

Procedure for filing originating document

(2) The original and two copies of the originating document may be filed as required by subsection (1) by being forwarded, together with a remittance for the filing fee, by registered mail addressed to ``The Registry, The Federal Court, Ottawa, Canada''.

No juries

49. All causes or matters before the Federal Court of Appeal or the Federal Court shall be heard and determined without a jury.

46. (1) The portion of subsection 50(1) of the Act before paragraph (a) is replaced by the following:

Stay of proceedings authorized

50. (1) The Federal Court of Appeal or the Federal Court may, in its discretion, stay proceedings in any cause or matter

(2) Subsections 50(2) and (3) of the Act are replaced by the following:

Stay of proceedings required

(2) The Federal Court of Appeal or the Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown if it appears that the claimant has an action or a proceeding in respect of the same claim pending in another court against a person who, at the time when the cause of action alleged in the action or proceeding arose, was, in respect of that matter , acting so as to engage the liability of the Crown.

Lifting of stay

(3) A court that orders a stay under this section may subsequently, in its discretion, lift the stay .

1990, c. 8, s. 16

47. (1) Subsection 50.1(1) of the Act is replaced by the following:

Stay of proceedings

50.1 (1) The Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown where the Crown desires to institute a counter-claim or third-party proceedings in respect of which the Federal Court lacks jurisdiction.

1990, c. 8, s. 16

(2) Subsection 50.1(2) of the English version of the Act is replaced by the following:

Recommence in provincial court

(2) If the Federal Court stays proceedings under subsection (1), the party who instituted them may recommence the proceedings in a court constituted or established by or under a law of a province and otherwise having jurisdiction with respect to the subject-matter of the proceedings.

1990, c. 8, s. 16

(3) Subsection 50.1(3) of the Act is replaced by the following:

Prescription and limitation of actions

(3) If proceedings are recommenced under subsection (2) within 100 days after the proceedings are stayed in the Federal Court, the claim against the Crown in the recommenced proceedings is deemed, for the purposes of any laws relating to prescription and the limitation of actions, to have been instituted on the day the proceedings in the Federal Court were instituted.

48. Section 51 of the Act is replaced by the following:

Reasons for judgment to be filed

51. If a judge gives reasons for a judgment pronounced by the judge or pronounced by a court of which the judge was a member, the judge shall file a copy of the reasons in the Registry of the court.

49. The heading before section 52 of the Act is replaced by the following:

JUDGMENTS OF FEDERAL COURT OF APPEAL

50. The portion of section 52 of the Act before subparagraph (c)(i) is replaced by the following:

Powers of Federal Court of Appeal

52. The Federal Court of Appeal may

    (a) quash proceedings in cases brought before it in which it has no jurisdiction or whenever those proceedings are not taken in good faith;

    (b) in the case of an appeal from the Federal Court ,

      (i) dismiss the appeal or give the judgment and award the process or other proceedings that the Federal Court should have given or awarded,

      (ii) in its discretion, order a new trial if the ends of justice seem to require it, or

      (iii) make a declaration as to the conclusions that the Federal Court should have reached on the issues decided by it and refer the matter back for a continuance of the trial on the issues that remain to be determined in light of that declaration; and

    (c) in the case of an appeal other than an appeal from the Federal Court ,

51. Sections 53 and 54 of the Act are replaced by the following:

Taking of evidence

53. (1) The evidence of any witness may by order of the Federal Court of Appeal or the Federal Court be taken, subject to any rule or order that may relate to the matter, on commission, on examination or by affidavit.

Admissibility of evidence

(2) Evidence that would not otherwise be admissible is admissible, in the discretion of the Federal Court of Appeal or the Federal Court and subject to any rule that may relate to the matter, if it would be admissible in a similar matter in a superior court of a province in accordance with the law in force in any province, even though it is not admissible under section 40 of the Canada Evidence Act.

Who may administer oath, affidavit or affirmation

54. (1) All persons authorized to take and receive affidavits to be used in any of the superior courts of a province may administer oaths and take and receive affidavits, declarations and solemn affirmations to be used in the Federal Court of Appeal or the Federal Court .

Person empowered by commission

(2) The Governor in Council may, by commission, empower any person who the Governor in Council thinks necessary, in or outside Canada, to administer oaths and to take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Federal Court of Appeal or the Federal Court .

Oath, affidavit or affirmation is valid

(3) Every oath, affidavit, declaration or solemn affirmation taken or made under this section is as valid and of the same effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Federal Court of Appeal or the Federal Court .

Style of commissioner

(4) Every commissioner empowered under subsection (2) shall be styled a commissioner for administering oaths in the Federal Court of Appeal and the Federal Court .

1996, c. 31, s. 83

52. (1) Subsection 55(1) of the Act is replaced by the following:

Application of process

55. (1) The process of the Federal Court of Appeal and of the Federal Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable.

(2) Subsections 55(4) and (5) of the Act are replaced by the following:

Sheriff to execute process

(4) A sheriff or marshal shall execute the process of the Federal Court of Appeal or the Federal Court that is directed to the sheriff or marshal , whether or not it requires the sheriff or marshal to act outside their geographical jurisdiction, and shall perform all other duties expressly or impliedly assigned to the sheriff or marshal by the Rules.

Federal Court process if absence or incapacity of sheriff

(5) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

Federal Court of Appeal process if absence or incapacity of sheriff

(6) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court of Appeal shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order.

53. (1) Subsections 56(1) and (2) of the Act are replaced by the following:

Analogy to provincial process

56. (1) In addition to any writs of execution or other process that are prescribed by the Rules for enforcement of its judgments or orders, the Federal Court of Appeal or the Federal Court may issue process against the person or the property of any party, of the same tenor and effect as those that may be issued out of any of the superior courts of the province in which a judgment or an order is to be executed, and if , by the law of that province, an order of a judge is required for the issue of a process, a judge of that court may make a similar order with respect to like process to issue out of that court.

Process against person

(2) No person shall be taken into custody under process of execution for debt issued out of the Federal Court of Appeal or the Federal Court .

(2) Subsection 56(3) of the English version of the Act is replaced by the following:

Process against property

(3) All writs of execution or other process against property, whether prescribed by the Rules or authorized by subsection (1), shall