|
|
|
|
|
|
(3) Subsection 56(4) of the Act is replaced
by the following:
|
|
| Claim against
property
seized
|
(4) Every claim made by a person to
property seized under a writ of execution or
other process issued out of the Federal Court
of Appeal or the Federal Court, or to the
proceeds of its sale, shall, unless otherwise
provided by the Rules, be heard and disposed
of as nearly as may be according to the
procedure applicable to like claims to
property seized under similar writs or process
issued out of the courts of the provinces.
|
|
| 1990, c. 8,
s. 19
|
54. (1) Subsections 57(1) and (2) of the Act
are replaced by the following:
|
|
| Constitutional
questions
|
57. (1) If the constitutional validity,
applicability or operability of an Act of
Parliament or of the legislature of a province,
or of regulations made under such an Act, is in
question before the Federal Court of Appeal or
the Federal Court or a federal board,
commission or other tribunal, other than a
service tribunal within the meaning of the
National Defence Act, the Act or regulation
shall not be judged to be invalid, inapplicable
or inoperable unless notice has been served on
the Attorney General of Canada and the
attorney general of each province in
accordance with subsection (2).
|
|
| Time of notice
|
(2) The notice must be served at least 10
days before the day on which the
constitutional question is to be argued, unless
the Federal Court of Appeal or the Federal
Court or the federal board, commission or
other tribunal, as the case may be, orders
otherwise.
|
|
| 1990, c. 8,
s. 19
|
(2) Subsection 57(3) of the English
version of the Act is replaced by the
following:
|
|
| Notice of
appeal or
application
for judicial
review
|
(3) The Attorney General of Canada and the
attorney general of each province are entitled
to notice of any appeal or application for
judicial review made in respect of the
constitutional question.
|
|
| 1990, c. 8,
s. 19
|
(3) Subsection 57(4) of the Act is replaced
by the following:
|
|
| Right to be
heard
|
(4) The Attorney General of Canada and the
attorney general of each province are entitled
to adduce evidence and make submissions to
the Federal Court of Appeal or the Federal
Court or the federal board, commission or
other tribunal, as the case may be, in respect
of the constitutional question.
|
|
| 1990, c. 8,
s. 19
|
(4) Subsection 57(5) of the English
version of the Act is replaced by the
following:
|
|
| Appeal
|
(5) If the Attorney General of Canada or the
attorney general of a province makes
submissions, that attorney general is deemed
to be a party to the proceedings for the purpose
of any appeal in respect of the constitutional
question.
|
|
| 1990, c. 8,
s. 19
|
55. Section 57.1 of the Act is replaced by
the following:
|
|
| Fees to be
paid to
Receiver
General
|
57.1 All fees payable in respect of
proceedings in the Federal Court of Appeal or
the Federal Court shall be paid to the Receiver
General unless they are, in accordance with an
arrangement made by the Minister of Justice,
to be received and dealt with in the same
manner as amounts paid as provincial court
fees, in which case they shall be dealt with as
so provided.
|
|
|
|
56. Subsections 58(1) and (2) of the Act
are replaced by the following:
|
|
| Law reports
editor
|
58. (1) The Minister of Justice shall appoint
or designate a fit and proper person to be editor
of the official reports of the decisions of the
Federal Court of Appeal and the Federal Court
and may appoint a committee of not more than
five persons to advise the editor.
|
|
| Contents
|
(2) The editor shall include in the reports
only the decisions or the parts of them that, in
the editor's opinion, are of sufficient
significance or importance to warrant
publication in the reports.
|
|
|
|
57. Section 59 of the Act is replaced by the
following:
|
|
| Police
services
|
59. Any services or assistance in connection
with the conduct of the hearings of the Federal
Court of Appeal and of the Federal Court, the
security of those courts and their premises and
of staff of the Courts Administration Service,
or in connection with the execution of orders
and judgments of those courts, that may,
having regard to the circumstances, be found
necessary shall be provided, at the request of
the Chief Justice of each of those courts, by the
Royal Canadian Mounted Police or any other
police force that the Governor in Council may
designate.
|
|
|
|
58. The schedule to the Act is replaced by
the schedule set out in the schedule to this
Act.
|
|
| R.S., c. T-2
|
AMENDMENTS TO THE TAX COURT OF CANADA ACT |
|
|
|
59. (1) The definitions ``Associate Chief
Judge'' and ``Chief Judge'' in section 2 of
the English version of the Tax Court of
Canada Act are repealed.
|
|
|
|
(2) The definition ``judge'' in section 2 of
the English version of the Act is replaced by
the following:
|
|
| ``judge'' « juge »
|
``judge'' means a judge of the Court and,
unless the context otherwise requires,
includes the Chief Justice and Associate
Chief Justice;
|
|
|
|
(3) Section 2 of the Act is amended by
adding the following in alphabetical order:
|
|
| ``Registry'' « greffe »
|
``Registry'' means a registry established by
the Chief Administrator of the Courts
Administration Service pursuant to the
Courts Administration Service Act for the
purposes of this Act.
|
|
|
|
(4) Section 2 of the English version of the
Act is amended by adding the following in
alphabetical order:
|
|
| ``Associate
Chief Justice'' « juge en chef adjoint »
|
``Associate Chief Justice'' means the
Associate Chief Justice of the Court;
|
|
| ``Chief
Justice'' « juge en chef »
|
``Chief Justice'' means the Chief Justice of the
Court;
|
|
|
|
60. Section 3 of the Act is replaced by the
following:
|
|
| Tax Court of
Canada
continued
|
3. The Tax Court of Canada is continued
under the name of the Tax Court of Canada as
a superior court of record.
|
|
|
|
61. (1) Paragraphs 4(1)(a) and (b) of the
English version of the Act are replaced by
the following:
|
|
|
|
|
|
|
|
|
|
| 1996, c. 22,
s. 3
|
(2) Paragraph 4(3)(a) of the Act is
replaced by the following:
|
|
|
|
|
|
|
|
(3) Subsection 4(4) of the Act is replaced
by the following:
|
|
| Chief Justice
or Associate
Chief Justice
to be from
Quebec
|
(4) Either the Chief Justice or the Associate
Chief Justice shall be a person who is or was
a member of the bar of the Province of
Quebec.
|
|
|
|
62. (1) Subsections 5(1) and (2) of the
English version of the Act are replaced by
the following:
|
|
| Chief Justice
and Associate
Chief Justice
to have rank
and
precedence
over all
judges
|
5. (1) The Chief Justice, and after the Chief
Justice the Associate Chief Justice, has rank
and precedence over all the other judges.
|
|
| Rank and
precedence
among other
judges
|
(2) The other judges have rank and
precedence after the Chief Justice and the
Associate Chief Justice and among
themselves according to seniority determined
by reference to the respective times when they
became judges of the Court or members of the
Tax Review Board.
|
|
| R.S., c. 51
(4th Supp.),
s. 3
|
(2) Subsection 5(3) of the Act is replaced
by the following:
|
|
| Incapacity of
Chief Justice,
etc.
|
(3) If the office of Chief Justice is vacant, or
the Chief Justice is for any reason unable to
act, the powers of the Chief Justice shall be
exercised and the duties of the Chief Justice
shall be performed
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
63. Subsection 6(2) of the Act is repealed.
|
|
|
|
64. (1) Subsection 8(1) of the English
version of the Act is replaced by the
following:
|
|
| Oath of office
|
8. (1) Every judge shall, before entering on
the duties of their office, take an oath that they
will duly and faithfully, and to the best of their
skill and knowledge, execute the powers and
trusts reposed in them as a judge of the Court.
|
|
|
|
(2) Subsection 8(2) of the Act is replaced
by the following:
|
|
| How
administered
|
(2) The oath referred to in subsection (1)
shall be administered to the Chief Justice
before the Governor General, and to the other
judges by the Chief Justice or, in the absence
or incapacity of the Chief Justice, by any other
judge.
|
|
| 1998, c. 19,
s. 289
|
65. (1) Subsection 9(1) of the Act is
replaced by the following:
|
|
| Deputy judges
of the Court
|
9. (1) Subject to subsection (3), any judge or
former judge of a superior court in Canada or
any judge or former judge of any other court
who was appointed under an Act of the
legislature of a province may, at the request of
the Chief Justice made with the approval of
the Governor in Council, act as a judge of the
Court and while so acting has all the powers of
a judge of the Court and shall be referred to as
a deputy judge of the Court.
|
|
|
|
(2) Subsection 9(4) of the English version
of the Act is replaced by the following:
|
|
| Salary
|
(4) A person who acts as a judge for a period
under subsection (1) shall be paid a salary for
the period at the rate fixed by the Judges Act
for a judge of the Court, other than the Chief
Justice or the Associate Chief Justice, less any
amount otherwise payable to the person under
that Act in respect of the period, and shall also
be paid the travel allowances that a judge is
entitled to be paid under that Act.
|
|
|
|
66. Section 11 of the English version of the
Act is replaced by the following:
|
|
| Additional
office of
judge
|
11. For each of the offices of Chief Justice
and Associate Chief Justice, there shall be an
additional office of judge that the Chief
Justice or Associate Chief Justice,
respectively, may elect under the Judges Act
to hold.
|
|
|
|
67. Section 13 of the Act is replaced by the
following:
|
|
| Contempt
against Court
|
13. The Court has the power, jurisdiction
and authority to deal with and impose
punishment for contempt against the Court,
whether or not committed in the face of the
Court.
|
|
| R.S., c. 51
(4th Supp.),
s. 5
|
68. Subsection 14(2) of the English
version of the Act is replaced by the
following:
|
|
| Arrangements
to be made by
Chief Justice
|
(2) Subject to the rules of Court, all
arrangements that may be necessary or proper
for the transaction of the business of the Court
and the assignment from time to time of
judges to transact that business shall be made
by the Chief Justice.
|
|
| R.S., c. 51
(4th Supp.),
s. 5
|
69. Section 14.1 of the Act is replaced by
the following:
|
|
| Police force
|
14.1 Any services or assistance in
connection with the conduct of the Court's
hearings, the security of the Court and its
premises and of staff of the Courts
Administration Service that may, having
regard to the circumstances, be found
necessary shall be provided, at the request of
the Chief Justice, by the Royal Canadian
Mounted Police or any other police force that
the Governor in Council may designate.
|
|
| R.S., c. 51
(4th Supp.),
s. 5
|
70. Section 16 of the English version of
the Act is replaced by the following:
|
|
| Giving of
judgment
after judge
ceases to hold
office
|
16. If a judge resigns or is appointed to
another court or otherwise ceases to hold
office, the judge may, at the request of the
Chief Justice, at any time within eight weeks
after that event, give judgment in any matter
previously tried by or heard before the judge
as if he or she had continued in office.
|
|
| R.S., c. 51
(4th Supp.),
s. 5
|
71. Section 17.4 of the Act is replaced by
the following:
|
|
| Judgment
shall be
mailed
|
17.4 When the Court has rendered its
judgment in a proceeding in respect of which
this section applies, a copy of the judgment
and any written reasons for it shall be sent to
each party to the proceeding.
|
|
| R.S., c. 51
(4th Supp.),
s. 5
|
72. Sections 17.6 and 17.7 of the Act are
replaced by the following:
|
|
| Appeals to
Federal Court
of Appeal
|
17.6 An appeal from a judgment of the
Court in a proceeding in respect of which this
section applies lies to the Federal Court of
Appeal in accordance with section 27 of the
Federal Courts Act.
|
|
| Procedure
|
17.7 A party wishing to appeal to the
Federal Court of Appeal from a judgment of
the Court in a proceeding in respect of which
this section applies shall give notice of appeal
to the Registry of the Federal Court of Appeal
and all provisions of the Federal Courts Act
and the rules made under that Act governing
appeals to the Federal Court of Appeal apply,
with any modifications that the circumstances
require, in respect of the appeal.
|
|
| R.S., c. 51
(4th Supp.),
s. 5
|
73. Subsection 18.19(1) of the Act is
replaced by the following:
|
|
| Notice of
hearing
|
18.19 (1) When the date of a hearing has
been fixed, a copy of the notice of hearing
shall, not later than thirty days before that
date, be sent by registered mail to all parties,
or served on all parties.
|
|
| 1993, c. 27,
s. 220(2)
|
74. Subsection 18.22(3) of the Act is
replaced by the following:
|
|
| Copy of
decision
|
(3) On the disposition of an appeal referred
to in section 18, a copy of the decision and
written reasons for the decision, if any, shall be
forwarded by registered mail to the Minister
of National Revenue and to each party to the
appeal.
|
|
| R.S., c. 51
(4th Supp.),
s. 5
|
75. Sections 18.24 and 18.25 of the Act are
replaced by the following:
|
|
| Final
judgment
|
18.24 An appeal from a judgment of the
Court in a proceeding in respect of which this
section applies lies to the Federal Court of
Appeal in accordance with section 27 of the
Federal Courts Act.
|
|
| Costs
|
18.25 If the Minister of National Revenue
appeals a judgment referred to in section
18.24, the reasonable and proper costs of the
taxpayer in respect of the appeal shall be paid
by Her Majesty in right of Canada.
|
|
| 1990, c. 45,
s. 61
|
76. The portion of section 18.3008 of the
Act before paragraph (a) is replaced by the
following:
|
|
| Costs on
further appeal
|
18.3008 If a judgment on an appeal referred
to in section 18.3001 is appealed by the
Minister of National Revenue under section
27 of the Federal Courts Act, the reasonable
and proper costs of the appeal under that
section of the person who brought the appeal
referred to in section 18.3001 shall be borne
by Her Majesty in right of Canada if that
appeal was an appeal for which
|
|
|
|
77. The Act is amended by adding the
following after section 19:
|
|