(e) subparagraph 191.2(1)(b)(iv).

TRANSITIONAL PROVISIONS

Chief Justice of Federal Court of Canada

185. (1) The person holding the office of Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court of Appeal.

Associate Chief Justice of Federal Court of Canada

(2) The person holding the office of Associate Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court.

Other judges in the Federal Court - Appeal Division

(3) Every other person holding office as a judge or supernumerary judge of the Federal Court - Appeal Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court of Appeal.

Other judges in the Federal Court - Trial Division

(4) Every other person holding office as a judge or supernumerary judge of the Federal Court - Trial Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court.

Prothonotaries

(5) Every person holding office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary, as the case may be, of the Federal Court.

Sheriffs

(6) Every person holding office as sheriff or deputy sheriff of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as sheriff or deputy sheriff, as the case may be, of the Federal Court of Appeal and the Federal Court.

Commissioner for taking oaths

(7) Every person who on the coming into force of section 1 of this Act was empowered to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Canada because of a commission under subsection 54(2) of the Federal Court Act is empowered in or outside Canada to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Appeal and the Federal Court as though the person had been so empowered by a commission under subsection 54(2) of the Federal Courts Act.

Chief Justice of the Tax Court of Canada

(8) The person holding the office of Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Chief Justice of the Tax Court of Canada.

Associate Chief Justice of the Tax Court of Canada

(9) The person holding the office of Associate Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Associate Chief Justice of the Tax Court of Canada.

Deputy judges of Tax Court of Canada

(10) A person who, on the coming into force of section 1 of this Act, was authorized to act as a deputy judge of the Tax Court of Canada may act as a deputy judge of that Court if requested to do so by the Chief Justice of the Court.

Interpretation

(11) For the purposes of subsections 31(1) and (2) of the Judges Act, as enacted by subsection 90(1) of this Act, any period during which a person holds the office of Chief Justice or Associate Chief Justice of the Federal Court of Canada is deemed to be a period during which he or she holds the office of Chief Justice of the Federal Court of Appeal or the Federal Court.

For greater certainty

(12) For greater certainty, for the purposes of sections 31, 43 and 44 of the English version of the Judges Act, ``Chief Justice'' and ``Associate Chief Justice'' include ``Chief Judge'' and ``Associate Chief Judge'', respectively.

Letters patent

(13) Letters patent under the Great Seal may be issued under the authority of the Governor in Council to each of the persons referred to in subsections (1) to (4), (8) and (9) evidencing the person's office by virtue of this section.

Transfer of court employees

(14) Nothing in this Act shall be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the coming into force of section 1 of this Act, occupied a position in or was a member of the staff of the Federal Court of Canada or the Tax Court of Canada, except that the employee, on that coming into force, occupies that position in the Courts Administration Service under the authority of the Chief Administrator of that Service.

Jurisdiction

186. Any jurisdiction of the Federal Court of Appeal or the Federal Court created by this Act shall be exercised in respect of matters arising before or after the coming into force of section 1 of this Act.

Judicial review rules to apply to certain appeals

187. (1) The provisions of the Federal Court Rules, 1998 that govern applications to the Federal Court of Appeal under section 28 of the Federal Courts Act apply to appeals to the Federal Court of Appeal under subsection 27(1.2) of that Act, with any modifications that the circumstances require, until other provisions are made to govern those appeals.

Other provisions to remain in force

(2) All provisions of law and rules and orders regulating the practice and procedure in the Federal Court of Canada on the coming into force of section 1 of this Act remain in force until amended, repealed or otherwise determined, to the extent that they are not inconsistent with the provisions of this Act.

Court proceedings to continue

188. Every proceeding taken in the Federal Court of Canada before the coming into force of section 1 of this Act shall be continued in conformity with the Federal Courts Act.

Court premises and supplies

189. All premises and supplies assigned to the Federal Court of Canada and the Tax Court of Canada on the coming into force of section 1 of this Act shall be assigned to the Courts Administration Service.

Appropriation s

190. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Registry of the Federal Court of Canada and the Registry of the Tax Court of Canada, is an amount appropriated for defraying the charges and expenses of the Courts Administration Service.

Rules made previously

191. Rules that were made under section 46 of the Federal Court Act before the coming into force of section 44 of this Act are deemed to have been validly made and continue to have force as though they had been made under section 46 of the Federal Courts Act, as amended by section 44 of this Act.

Special Import Measures Act

192. Subsection 12(1.1), paragraphs 44(2)(a) and 59(1)(d) and subsections 77.01(1) and 77.1(1) of the Special Import Measures Act, as enacted or amended by sections 169 to 173 of this Act, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.

COORDINATING AMENDMENTS

Bill S-23

193. If Bill S-23, introduced in the 1st session of the 37th Parliament and entitled An Act to amend the Customs Act and to make related amendments to other Acts (referred to in this section as the ``other Act''), receives royal assent and section 1 of this Act comes into force, then the portion of subsection 97.34(4) of the Customs Act before paragraph (a), as enacted by subsection 58(1) of the other Act, is replaced by the following:

Effect of appeal

(4) If a person has made a request under section 60 or 129 or has appealed under section 67 or 68 and the person agrees in writing with the Minister to delay proceedings on the request or appeal, as the case may be, until judgment has been given in another action before the Canadian International Trade Tribunal, the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, in which action the issue is the same or substantially the same as that raised in the request or appeal of the person, the Minister may take any of the actions described in subsection (1) for the purpose of collecting the amount payable, or a part of the amount payable, determined in a manner consistent with the decision or judgment in the other action at any time after the Minister notifies the person in writing that

Bill C-11

194. If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the ``other Act''), is assented to and section 1 of this Act comes into force, then

    (a) in the following provisions of the other Act, the expression ``Federal Court - Trial Division'' is replaced by the expression ``Federal Court'':

      (i) paragraph 72(2)(b), and

      (ii) subsection 77(1);

    (b) in the following provisions of the other Act, the expression ``Federal Court Act'' is replaced by the expression ``Federal Courts Act'':

      (i) subsection 75(2), and

      (ii) subsection 79(2); and

    (c) subsection 75(1) of the other Act is replaced by the following:

Rules

75. (1) Subject to the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, for judicial review and for appeals. The rules are binding despite any rule or practice that would otherwise apply.

    (d) the definition ``judge'' in section 76 of the other Act is replaced by the following:

``judge''
« juge »

``judge'' means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

    (e) section 198 of the English version of the other Act is replaced by the following:

Refugee Protection Division

198. The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act.

Bill C-14

195. If Bill C-14, introduced in the 1st session of the 37th Parliament and entitled the Canada Shipping Act, 2001 (referred to in this section as the ``other Act''), receives royal assent and section 1 of this Act comes into force, then the expression ``Federal Court Act'' in subsection 251(3) of the other Act is replaced by the expression ``Federal Courts Act''.

Bill C-16

196. If Bill C-16, introduced in the 1st session of the 37th Parliament and entitled the Charities Registration (Security Information) Act (referred to in this section as the ``other Act''), receives royal assent, if Bill C-11, introduced in the same session and entitled the Immigration and Refugee Protection Act, has not received royal assent, and if section 1 of this Act comes into force, then

    (a) the definition ``judge'' in section 3 of the other Act is replaced by the following:

``judge''
« juge »

``judge'' means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

    (b) the definition ``judge'' in section 4 of the other Act, as enacted by paragraph 20(b) of that Act, is replaced by the following:

``judge''
« juge »

``judge'' means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

Bill C-16

197. If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the ``first Act''), and Bill C-16, introduced in the same session and entitled the Charities Registration (Securities Information) Act (referred to in this section as the ``second Act''), receive royal assent, then

    (a) if the coming into force of section 1 of this Act precedes the coming into force of section 76 of the first Act and of section 1 of the second Act, the definition ``judge'' in section 3 of the second Act is replaced by the following:

``judge''
« juge »

``judge'' means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

    (b) if the coming into force of section 76 of the first Act and of section 1 of the second Act precede the coming into force of section 1 of this Act, the definition ``judge'' in section 4 of the second Act is replaced by the following:

``judge''
« juge »

``judge'' means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

Bill C-23

198. If Bill C-23, introduced in the 1st session of the 37th Parliament and entitled An Act to amend the Competition Act and the Competition Tribunal Act (referred to in this section as the ``other Act''), receives royal assent and section 1 of this Act comes into force, then

    (a) paragraph 30.19(2)(a) of the Competition Act, as enacted by section 3 of the other Act, is replaced by the following:

    (a) to the Attorney General of Canada, in the case of an application to the Federal Court or the Federal Court of Appeal;

    (b) paragraph 30.19(2)(b) of the English version of the Competition Act, as enacted by section 3 of the other Act, is replaced by the following:

    (b) the attorney general of the province in which the exhibit is located, in the case of an application to a court other than the Federal Court or the Federal Court of Appeal; or

    (c) in the following provisions, the expression ``Federal Court - Trial Division'' is replaced by the expression ``Federal Court'':

      (i) paragraph (f) of the definition ``judge'' in section 30 of the Competition Act, as enacted by section 3 of the other Act,

      (ii) section 30.24 of the Competition Act, as enacted by section 3 of the other Act,

      (iii) subsection 73(1) of the Competition Act, as enacted by section 8 of the other Act, and

      (iv) paragraph 3(2)(a) of the Competition Tribunal Act, as enacted by section 16 of the other Act.

COMING INTO FORCE

Coming into force

199. The provisions of this Act, other than sections 193 to 198, and the provisions of any Act enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.