| R.S., c. S-22
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| R.S., c. 51
(4th Supp.),
s. 22
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174. Subsection 3(4) of the Statutory
Instruments Act is replaced by the
following:
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| Application
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(4) Paragraph (2)(d) does not apply to any
proposed rule, order or regulation governing
the practice or procedure in proceedings
before the Supreme Court of Canada, the
Federal Court of Appeal , the Federal Court,
the Tax Court of Canada or the Court Martial
Appeal Court.
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| R.S., c. S-26
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175. Paragraphs 30(1)(a) and (b) of the
Supreme Court Act are replaced by the
following:
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(a) of a judge of the Federal Court of
Appeal, the Federal Court or the Tax Court
of Canada ; or
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(b) if the judges of the Federal Court of
Appeal, the Federal Court or the Tax Court
of Canada are absent from Ottawa or for
any reason are unable to sit, of a judge of a
provincial superior court to be designated in
writing by the chief justice, or in the
absence of the chief justice , by any acting
chief justice or the senior puisne judge of
that provincial court on that request being
made to that acting chief justice or that
senior puisne judge in writing.
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176. Section 64 of the Act is replaced by
the following:
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| Exceptions
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64. The provisions of this Act requiring the
deposit of security for costs do not apply to
appeals by or on behalf of the Crown or in
election cases, in cases in the Federal Court of
Appeal or the Federal Court , in criminal cases
or in proceedings for or on a writ of habeas
corpus.
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| R.S., c. T-13
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177. Section 61 of the Trade-marks Act is
replaced by the following:
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| Judgments to
be filed
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61. An officer of the Registry of the Federal
Court shall file with the Registrar a certified
copy of every judgment or order made by the
Federal Court, the Federal Court of Appeal or
the Supreme Court of Canada relating to any
trade-mark on the register.
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| R.S., c. 16
(2nd Supp.)
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178. Section 6 of the United Nations
Foreign Arbitral Awards Convention Act is
replaced by the following:
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| Application to
court
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6. For the purpose of seeking recognition
and enforcement of an arbitral award pursuant
to the Convention, application may be made to
any superior, district or county court.
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| 1995, c. 18
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179. Subsection 42(2) of the Veterans
Review and Appeal Board Act is replaced by
the following:
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| Judge to
conduct
inquiry
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(2) If the Minister considers it appropriate
that an inquiry 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 43 referred to as a ``judge'', shall
conduct the inquiry.
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| 1994, c. 35
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180. Subsection 15(2) of the Yukon First
Nations Self-Government Act is replaced by
the following:
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| Federal Court
of Appeal or
Federal Court
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(2) Nothing in this Act shall be construed so
as to limit the jurisdiction of the Federal Court
of Appeal or the Federal Court .
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| 1994, c. 43
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181. Subsection 76(1) of the Yukon
Surface Rights Board Act is replaced by the
following:
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| Application
for judicial
review
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76. (1) Notwithstanding section 18 of the
Federal Courts Act, the Federal Court has
concurrent original jurisdiction in respect of
relief referred to in paragraph 18(1)(b) of that
Act, and the Attorney General of Canada, the
Territorial Minister or anyone directly
affected by the matter in respect of which
relief is sought may make an application for
judicial review to the Supreme Court of the
Yukon Territory for any relief that the
applicant could otherwise obtain in respect of
the Board by way of an application for an
order of or in the nature of mandamus,
prohibition or certiorari or by way of an action
for a declaration or an injunction.
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| Replacement
of ``Federal
Court Act''
with ``Federal
Courts Act''
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182. (1) The following provisions are
amended by replacing the expression
``Federal Court Act'' with the expression
``Federal Courts Act'':
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(a) section 45 of the Access to Information
Act;
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(b) subsection 14.02(5) of the Bankruptcy
and Insolvency Act;
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(c) subsection 12(2) of the Canada
Agricultural Products Act;
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(d) subsections 39.34(1) and 39.35(3) of
the Canada Deposit Insurance
Corporation Act;
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(e) subsections 22(1), 23(3) and 58(3) of
the Canada Labour Code;
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(f) the portion of subsection 84(1) of the
Canada Pension Plan after paragraph (f)
and paragraphs 86.1(b) and (c) of that
Act;
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(g) subsection 63(1), section 65 and
subsection 106(10) of the Canada
Petroleum Resources Act;
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(h) section 46 of the Canadian Payments
Association Act, as enacted by section 244
of the Financial Consumer Agency of
Canada Act, Chapter 9 of the Statutes of
Canada, 2001;
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(i) paragraph 28(c) of the Canadian
Security Intelligence Service Act;
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(j) section 16 of the Citizenship Act;
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(k) subsection 31(7) of the Crown Liability
and Proceedings Act;
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(l) subsection 37(9) of the Cultural
Property Export and Import Act;
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(m) subsection 52(3) of the Emergencies
Act;
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(n) subsections 30(3) and 39(8) of the
Employment Equity Act;
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(o) sections 105 and 118 and subsection
132(3) of the Employment Insurance Act;
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(p) subsection 32.4(3) of the Energy
Supplies Emergency Act;
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(q) subsection 311(5) of the Excise Tax
Act;
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(r) subsection 36(3) of the First Nations
Land Management Act;
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(s) subsection 46.04(3.1), subparagraph
49(1)(c)(i), subsection 82.1(1), section
82.2 and subsection 84(2) of the
Immigration Act;
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(t) the portion of subsection 164(4.1) of
the Income Tax Act after paragraph (d)
and subsection 174(4.1) of that Act;
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(u) subsection 31(2) of the Indian Act;
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(v) subsection 31(1) of the Labour
Adjustment Benefits Act;
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(w) paragraph (c) of the definition
``public office holder'' in subsection 2(1)
of the Lobbyists Registration Act;
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(x) section 32 of the Mackenzie Valley
Resource Management Act;
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(y) sections 5 and 16 of the Marine
Liability Act;
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(z) subsection 14(2) of the Motor Vehicle
Fuel Consumption Standards Act;
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(z.1) section 29.15 of the National Defence
Act, as enacted by section 7 of An Act to
amend the National Defence Act, chapter
35 of the Statutes of Canada, 1998;
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(z.2) section 19 of the Nisga'a Final
Agreement Act;
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(z.3) subsections 24(2) and 27(2) of the
Northern Pipeline Act;
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(z.4) section 80 of the Official Languages
Act;
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(z.5) subsections 28(2) and (3) of the Old
Age Security Act;
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(z.6) section 17 and subsection 54(2) of the
Patent Act;
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(z.7) section 21 of the Payment Clearing
and Settlement Act;
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(z.8) section 44 of the Privacy Act;
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(z.9) subsections 32(1), 42(4) and (6),
45.16(7) and 45.26(6) of the Royal
Canadian Mounted Police Act;
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(z.10) subsections 9(1) and 12(1), section
44, subsections 76(1), 77.01(2) and
77.011(2), (5) and (7), section 77.012,
subsection 77.02(3), section 77.027,
subsections 77.031(1) and (2), 77.1(2) and
77.11(2), (4) and (6), section 77.12,
subsections 77.2(3), 96.1(5) and 96.11(1)
and section 96.2 of the Special Import
Measures Act;
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(z.11) section 76 and subsections
77.012(1) and 77.12(1) of the Special
Import Measures Act, as enacted by
sections 36, 39 and 41 of An Act to amend
the Special Import Measures Act and the
Canadian International Trade Tribunal
Act, chapter 12 of the Statutes of Canada,
1999; and
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(z.12) subsections 21(1) and 37(3) of the
Status of the Artist Act.
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| Other
reference to
Federal Court
Act
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(2) The definition ``Rules'' in section 687
of the English version of the Canada
Shipping Act is amended by replacing the
expression ``Federal Court Act'' with the
expression ``Federal Courts Act''.
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| General
replacement
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(3) Unless the context requires otherwise,
the expression ``Federal Court Act'' is
replaced by the expression ``Federal Courts
Act'' in
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(a) any regulation, as defined in section 2
of the Statutory Instruments Act; and
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(b) any other instrument made
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(i) in the execution of a power
conferred under an Act of Parliament,
or
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(ii) by order or under the authority of
the Governor in Council.
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| Replacement
of ``Federal
Court - Trial
Division''
with ``Federal
Court''
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183. (1) The following provisions are
amended by replacing the expression
``Federal Court - Trial Division'' with the
expression ``Federal Court'':
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(a) the definition ``Court'' in section 3 of
the Access to Information Act;
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(b) paragraph 37(3)(a) of the Canada
Evidence Act;
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(c) paragraph (g) of the definition
``court'' in section 103 of the Canada
Marine Act;
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(d) the definition ``Court'' in subsection
2(1) of the Citizenship Act;
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(e) paragraph (g) of the definition
``court'' in subsection 16(22) of the
Coasting Trade Act;
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(f) subsection 34(3), sections 73 and 74.09
and subsection 74.18(1) of the
Competition Act;
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(g) paragraph 3(2)(a) of the Competition
Tribunal Act;
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(h) subsection 13(2) of the Comprehensive
Nuclear Test-Ban Treaty Implementation
Act;
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(i) subsections 3(3), 4(3), 5(3) and 23(2) of
the Divorce Act;
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(j) sections 81.2 and 81.21, subsections
81.22(1) and (2), paragraph 81.23(1)(a),
subsection 81.23(2), sections 81.24, 81.29
and 81.3 and subsections 81.31(1), (2) and
(4), 81.32(3), 81.34(1) to (3), 81.36(1) and
(6) and 86(6) of the Excise Tax Act;
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(k) subsection 8(1) of the Foreign
Publishers Advertising Services Act;
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(l) paragraph 46.04(3.1)(b),
subparagraph 49(1)(c)(ii), subsections
77(3.2) and (3.3) and 82.1(1), (3) to (5) and
(10), section 82.2 and subsections 83(1) to
(3), 102.17(1) and 107.1(1) of the
Immigration Act;
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(m) subsection 180(2) of the Income Tax
Act;
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(n) subsection 14(1) of the Motor Vehicle
Fuel Consumption Standards Act;
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(o) section 101 of the National Energy
Board Act;
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(p) subsection 27(1) of the Northern
Pipeline Act;
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(q) section 76 of the Official Languages
Act;
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(r) the definition ``Court'' in subsection
2(1) of the Personal Information
Protection and Electronic Documents Act;
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(s) the definition ``Court'' in section 3 of
the Privacy Act; and
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(t) section 38 of the Supreme Court Act.
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| References to
Federal
Court - Trial
Division
generally
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(2) Unless the context requires otherwise,
the expression ``Federal Court - Trial
Division'' is replaced by the expression
``Federal Court'' in
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(a) any regulation, as defined in section 2
of the Statutory Instruments Act; and
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(b) any other instrument made
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(i) in the execution of a power
conferred under an Act of Parliament,
or
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(ii) by order or under the authority of
the Governor in Council.
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| Replacement
of ``Federal
Court'' and
``Federal
Court of
Canada'' with
``Federal
Court of
Appeal''
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184. The Income Tax Act is amended by
replacing the expressions ``Federal Court''
and ``Federal Court of Canada'' with the
expression ``Federal Court of Appeal'' in
the following provisions:
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(a) paragraph 152(1.7)(b);
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(b) the portion of subsection 152(1.8)
before paragraph (a);
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