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Bill C-48

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45 ELIZABETH II

CHAPTER 23

An Act to amend the Federal Court Act, the Judges Act and the Tax Court of Canada Act

[Assented to 20th June, 1996]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. F-7; R.S., c. 41 (1st Supp.), c. 30 (2nd Supp.), c. 16 (3rd Supp.), c. 51 (4th Supp.); 1990, cc. 8, 37; 1992, cc. 1, 26, 33, 49; 1993, cc. 27, 34

FEDERAL COURT ACT

1. Subsection 5(5) of the Federal Court Act is replaced by the following:

Who may be appointed judge

(5) Any person may be appointed a judge of the Court who

    (a) is or has been a judge of a superior, county or district court in Canada,

    (b) is or has been a barrister or advocate of at least ten years standing at the bar of any province, or

    (c) has, for an aggregate of at least ten years,

      (i) been a barrister or advocate at the bar of any province, and

      (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held pursuant to a law of Canada or a province.

R.S., c. J-1; R.S., cc. 5, 11, 27, 41, 50 (1st Supp.), c. 27 (2nd Supp.), cc. 16, 39 (3rd Supp.), c. 51 (4th Supp.); 1989, c. 8; 1990, cc. 16, 17; 1992, cc. 1, 51; 1993, cc. 13, 28, 34; 1994, c. 18; 1996, c. 2

JUDGES ACT

R.S., c. 27 (1st Supp.), s. 203

2. Paragraph 3(b) of the Judges Act is replaced by the following:

    (b) has, for an aggregate of at least ten years,

      (i) been a barrister or advocate at the bar of any province, and

      (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held pursuant to a law of Canada or a province.

R.S., c. T-2; R.S., c. 48 (1st Supp.), c. 16 (3rd Supp.), cc. 1, 51 (4th Supp.); 1990, c. 45; 1991, c. 49; 1992, c. 24; 1993, c. 27; 1994, c. 26; 1995, cc. 18, 38

TAX COURT OF CANADA ACT

3. Subsection 4(3) of the Tax Court of Canada Act is replaced by the following:

Who may be appointed judge

(3) Subject to subsection (4), any person may be appointed a judge of the Court who

    (a) is or has been a judge of a superior, county or district court in Canada,

    (b) is or has been a barrister or advocate of at least ten years standing at the bar of any province, or

    (c) has, for an aggregate of at least ten years,

      (i) been a barrister or advocate at the bar of any province, and

      (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held pursuant to a law of Canada or a province.

COMING INTO FORCE

Coming into force

4. Sections 1 and 3 are deemed to have come into force on November 28, 1995 and April 12, 1990, respectively.