Hearings in
summary way
|
18.4 (1) Subject to subsection (2), an
application or reference to the Federal Court
under any of sections 18.1 to 18.3 shall be
heard and determined without delay and in a
summary way.
|
|
Exception
|
(2) The Federal Court may, if it considers it
appropriate, direct that an application for
judicial review be treated and proceeded with
as an action.
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|
Exception to
sections 18
and 18.1
|
18.5 Despite sections 18 and 18.1, if an Act
of Parliament expressly provides for an
appeal to the Federal Court, the Federal Court
of Appeal , the Supreme Court of Canada, the
Court Martial Appeal Court, the Tax Court of
Canada, the Governor in Council or the
Treasury Board from a decision or an order of
a federal board, commission or other tribunal
made by or in the course of proceedings before
that board, commission or tribunal, that
decision or order is not, to the extent that it
may be so appealed, subject to review or to be
restrained, prohibited, removed, set aside or
otherwise dealt with, except in accordance
with that Act.
|
|
Intergovernm
ental disputes
|
19. If the legislature of a province has
passed an Act agreeing that the Federal Court,
the Federal Court of Canada or the Exchequer
Court of Canada has jurisdiction in cases of
controversies between Canada and that
province, or between that province and any
other province or provinces that have passed
a like Act, the Federal Court has jurisdiction
to determine the controversies.
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|
|
29. (1) The portion of subsection 20(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
Industrial
property,
exclusive
jurisdiction
|
20. (1) The Federal Court has exclusive
original jurisdiction, between subject and
subject as well as otherwise,
|
|
1990, c. 37,
s. 34(2)
|
(2) Subsection 20(2) of the Act is replaced
by the following:
|
|
Industrial
property,
concurrent
jurisdiction
|
(2) The Federal Court has concurrent
jurisdiction in all cases, other than those
mentioned in subsection (1), in which a
remedy is sought under the authority of an Act
of Parliament or at law or in equity respecting
any patent of invention, copyright,
trade-mark, industrial design or topography
referred to in paragraph (1)(a).
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|
|
30. Section 21 of the Act is replaced by the
following:
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|
Citizenship
appeals
|
21. The Federal Court has exclusive
jurisdiction to hear and determine all appeals
that may be brought under subsection 14(5) of
the Citizenship Act.
|
|
|
31. (1) Subsection 22(1) of the Act is
replaced by the following:
|
|
Navigation
and shipping
|
22. (1) The Federal Court has concurrent
original jurisdiction, between subject and
subject as well as otherwise, in all cases in
which a claim for relief is made or a remedy
is sought under or by virtue of Canadian
maritime law or any other law of Canada
relating to any matter coming within the class
of subject of navigation and shipping, except
to the extent that jurisdiction has been
otherwise specially assigned.
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|
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(2) The portion of subsection 22(2) of the
Act before paragraph (a) is replaced by the
following:
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|
Maritime
jurisdiction
|
(2) Without limiting the generality of
subsection (1), for greater certainty, the
Federal Court has jurisdiction with respect to
all of the following:
|
|
|
(3) Paragraph 22(2)(o) of the English
version of the Act is replaced by the
following:
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|
|
|
|
|
(4) The portion of subsection 22(3) of the
Act before paragraph (a) is replaced by the
following:
|
|
Jurisdiction
applicable
|
(3) For greater certainty, the jurisdiction
conferred on the Federal Court by this section
applies
|
|
|
32. The portion of section 23 of the Act
before paragraph (a) is replaced by the
following:
|
|
Bills of
exchange and
promissory
notes -
aeronautics
and
interprovincia
l works and
undertakings
|
23. Except to the extent that jurisdiction has
been otherwise specially assigned, the Federal
Court has concurrent original jurisdiction,
between subject and subject as well as
otherwise, in all cases in which a claim for
relief is made or a remedy is sought under an
Act of Parliament or otherwise in relation to
any matter coming within any of the following
classes of subjects:
|
|
1990, c. 8, s. 6
|
33. Sections 24 to 26 of the Act are
replaced by the following:
|
|
Extraprovinci
al jurisdiction
|
25. The Federal Court has original
jurisdiction, between subject and subject as
well as otherwise, in any case in which a claim
for relief is made or a remedy is sought under
or by virtue of the laws of Canada if no other
court constituted, established or continued
under any of the Constitution Acts, 1867 to
1982 has jurisdiction in respect of that claim
or remedy.
|
|
General
original
jurisdiction
|
26. The Federal Court has original
jurisdiction in respect of any matter, not
allocated specifically to the Federal Court of
Appeal, in respect of which jurisdiction has
been conferred by an Act of Parliament on the
Federal Court of Appeal , the Federal Court,
the Federal Court of Canada or the Exchequer
Court of Canada.
|
|
1990, c. 8,
s. 7(1)
|
34. (1) Subsection 27(1) of the Act is
replaced by the following:
|
|
Appeals from
Federal Court
|
27. (1) An appeal lies to the Federal Court
of Appeal from any of the following decisions
of the Federal Court:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
R.S., c. 51
(4th Supp.),
s. 11(1); 1993,
c. 27, s. 214
|
(2) Subsection 27(1.1) of the English
version of the Act is replaced by the
following:
|
|
Appeals from
Tax Court of
Canada,
except from
informal
procedure
|
(1.1) An appeal lies to the Federal Court of
Appeal from
|
|
|
|
|
|
|
|
|
|
|
R.S., c. 51
(4th Supp.),
s. 11(2); 1990,
c. 8,
s. 78(1)(E)
|
(3) Subsections 27(2) and (3) of the Act
are replaced by the following:
|
|
Appeals from
informal
procedure in
Tax Court of
Canada
|
(1.2) An appeal lies to the Federal Court of
Appeal from a final judgment of the Tax Court
of Canada in respect of which section 18,
18.29, 18.3 or 18.3001 of the Tax Court of
Canada Act applies.
|
|
Grounds for
appeal
|
(1.3) The only grounds for an appeal under
subsection (1.2) are that the Tax Court of
Canada
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Hearing in
summary way
|
(1.4) An appeal under subsection (1.2) shall
be heard and determined without delay and in
a summary way.
|
|
Notice of
appeal
|
(2) An appeal under this section shall be
brought by filing a notice of appeal in the
Registry of the Federal Court of Appeal
|
|
|
|
|
|
|
|
Service
|
(3) All parties directly affected by an appeal
under this section shall be served without
delay with a true copy of the notice of appeal,
and evidence of the service shall be filed in the
Registry of the Federal Court of Appeal .
|
|
1990, c. 8, s. 8
|
35. (1) The portion of subsection 28(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
Judicial
review
|
28. (1) The Federal Court of Appeal has
jurisdiction to hear and determine
applications for judicial review made in
respect of any of the following federal boards,
commissions or other tribunals:
|
|
|
(2) Paragraph 28(1)(l) of the Act is
repealed.
|
|
1990, c. 8, s. 8
|
(3) Subsections 28(2) and (3) of the Act
are replaced by the following:
|
|
Sections apply
|
(2) Sections 18 to 18.5, except subsection
18.4(2), apply, with any modifications that
the circumstances require, in respect of any
matter within the jurisdiction of the Federal
Court of Appeal under subsection (1) and,
when they apply, a reference to the Federal
Court shall be read as a reference to the
Federal Court of Appeal.
|
|
Federal Court
deprived of
jurisdiction
|
(3) If the Federal Court of Appeal has
jurisdiction to hear and determine a matter,
the Federal Court has no jurisdiction to
entertain any proceeding in respect of that
matter.
|
|
1990, c. 8, s. 9
|
36. (1) Subsection 36(1) of the Act is
replaced by the following:
|
|
Prejudgment
interest -
cause of
action within
province
|
36. (1) Except as otherwise provided in any
other Act of Parliament, and subject to
subsection (2), the laws relating to
prejudgment interest in proceedings between
subject and subject that are in force in a
province apply to any proceedings in the
Federal Court of Appeal or the Federal Court
in respect of any cause of action arising in that
province.
|
|
1990, c. 8, s. 9
|
(2) The portion of subsection 36(2) of the
Act before paragraph (a) is replaced by the
following:
|
|
Prejudgment
interest -
cause of
action outside
province
|
(2) A person who is entitled to an order for
the payment of money in respect of a cause of
action arising outside a province or in respect
of causes of action arising in more than one
province is entitled to claim and have included
in the order an award of interest on the
payment at any rate that the Federal Court of
Appeal or the Federal Court considers
reasonable in the circumstances, calculated
|
|
1990, c. 8, s. 9
|
(3) Paragraph 36(4)(d) of the Act is
replaced by the following:
|
|
|
|
|
1990, c. 8, s. 9
|
(4) Subsection 36(5) of the Act is replaced
by the following:
|
|
Judicial
discretion
|
(5) The Federal Court of Appeal or the
Federal Court may, if it considers it just to do
so, having regard to changes in market interest
rates, the conduct of the proceedings or any
other relevant consideration, disallow interest
or allow interest for a period other than that
provided for in subsection (2) in respect of the
whole or any part of the amount on which
interest is payable under this section.
|
|
1990, c. 8, s. 9
|
37. Section 37 of the Act is replaced by the
following:
|
|
Judgment
interest -
causes of
action within
province
|
37. (1) Except as otherwise provided in any
other Act of Parliament and subject to
subsection (2), the laws relating to interest on
judgments in causes of action between subject
and subject that are in force in a province
apply to judgments of the Federal Court of
Appeal or the Federal Court in respect of any
cause of action arising in that province.
|
|
Judgment
interest -
causes of
action outside
or in more
than one
province
|
(2) A judgment of the Federal Court of
Appeal or the Federal Court in respect of a
cause of action arising outside a province or
in respect of causes of action arising in more
than one province bears interest at the rate
that court considers reasonable in the
circumstances, calculated from the time of the
giving of the judgment.
|
|
|
38. (1) Subsection 39(1) of the Act is
replaced by the following:
|
|
Prescription
and limitation
on
proceedings
|
39. (1) Except as expressly provided by any
other Act, the laws relating to prescription and
the limitation of actions in force in a province
between subject and subject apply to any
proceedings in the Federal Court of Appeal or
the Federal Court in respect of any cause of
action arising in that province.
|
|
|
(2) Subsection 39(2) of the English
version of the Act is replaced by the
following:
|
|
Prescription
and limitation
on
proceedings
in the Court,
not in
province
|
(2) A proceeding in the Federal Court of
Appeal or the Federal Court in respect of a
cause of action arising otherwise than in a
province shall be taken within six years after
the cause of action arose.
|
|
1990, c. 8,
s. 11
|
39. Section 40 of the Act is replaced by the
following:
|
|
Vexatious
proceedings
|
40. (1) If the Federal Court of Appeal or the
Federal Court is satisfied, on application, that
a person has persistently instituted vexatious
proceedings or has conducted a proceeding in
a vexatious manner, it may order that no
further proceedings be instituted by the person
in that court or that a proceeding previously
instituted by the person in that court not be
continued, except by leave of that court.
|
|
Attorney
General of
Canada
|
(2) An application under subsection (1) may
be made only with the consent of the Attorney
General of Canada, who is entitled to be heard
on the application and on any application
made under subsection (3).
|
|
Application
for rescission
or leave to
proceed
|
(3) A person against whom a court has
made an order under subsection (1) may apply
to the court for rescission of the order or for
leave to institute or continue a proceeding.
|
|
Court may
grant leave
|
(4) If an application is made to a court
under subsection (3) for leave to institute or
continue a proceeding, the court may grant
leave if it is satisfied that the proceeding is not
an abuse of process and that there are
reasonable grounds for the proceeding.
|
|
No appeal
|
(5) A decision of the court under subsection
(4) is final and is not subject to appeal.
|
|
|
40. (1) Subsections 43(1) to (3) of the Act
are replaced by the following:
|
|
Jurisdiction in
personam
|
43. (1) Subject to subsection (4), the
jurisdiction conferred on the Federal Court by
section 22 may in all cases be exercised in
personam.
|
|
Jurisdiction in
rem
|
(2) Subject to subsection (3), the
jurisdiction conferred on the Federal Court by
section 22 may be exercised in rem against the
ship, aircraft or other property that is the
subject of the action, or against any proceeds
from its sale that have been paid into court.
|
|
Exception
|
(3) Despite subsection (2), the jurisdiction
conferred on the Federal Court by section 22
shall not be exercised in rem with respect to a
claim mentioned in paragraph 22(2)(e), (f),
(g), (h), (i), (k), (m), (n), (p) or (r) unless, at the
time of the commencement of the action, the
ship, aircraft or other property that is the
subject of the action is beneficially owned by
the person who was the beneficial owner at the
time when the cause of action arose.
|
|
|
(2) Paragraph 43(4)(c) of the Act is
replaced by the following:
|
|
|
|
|
|
(3) Subsection 43(5) of the Act is replaced
by the following:
|
|
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.
|
|