Bill C-40
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RECOMMENDATION |
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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to establish a body that provides administrative services to the Federal
Court of Appeal, the Federal Court, the Court Martial Appeal Court
and the Tax Court of Canada, to amend the Federal Court Act, the Tax
Court of Canada Act and the Judges Act, and to make related and
consequential amendments to other Acts''.
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SUMMARY |
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This enactment consolidates the current administrative services of
the Federal Court of Canada, the Court Martial Appeal Court and the
Tax Court of Canada into a single ``Courts Administration Service''.
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It amends the Federal Court Act and related legislation to create a
separate Federal Court of Appeal.
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It amends the Tax Court of Canada Act and related legislation to
change the status of the Tax Court of Canada to that of a superior court.
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It also makes consequential amendments to various other federal
statutes.
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EXPLANATORY NOTES |
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Federal Court Act |
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Clause 13: The long title reads as follows:
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****An Act respecting the Federal Court of Canada
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Clause 14: Section 1 reads as follows:
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1. This Act may be cited as the Federal Court Act.
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Clause 15: (1) and (2) The definitions ``Associate
Chief Justice'', ``Chief Justice'', ``Court'', ``Court of
Appeal'', ``federal board, commission or other
tribunal'', ``Federal Court of Appeal'', ``judge'' and
``Trial Division'' in subsection 2(1) read as follows:
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``Associate Chief Justice'' means the Associate Chief Justice of the
Court;
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``Chief Justice'' means the Chief Justice of the Court;
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``Court'' means the Federal Court of Canada continued by section 3;
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``Court of Appeal'' means that division of the Court referred to in
section 4 as the Federal Court-Appeal Division;
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``federal board, commission or other tribunal'' means any body or any
person or persons having, exercising or purporting to exercise
jurisdiction or powers conferred by or under an Act of Parliament or
by or under an order made pursuant to a prerogative of the Crown,
other than any such body constituted or established by or under a law
of a province or any such person or persons appointed under or in
accordance with a law of a province or under section 96 of the
Constitution Act, 1867;
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``Federal Court of Appeal'' has the meaning given in this section to
``Court of Appeal'';
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``judge'' means a judge of the Court and includes the Chief Justice and
Associate Chief Justice;
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``Trial Division'' means that division of the Court referred to in section
4 as the Federal Court-Trial Division.
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(3) New.
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Clause 16: Sections 5.1 to 5.4 are new. The heading
before section 3 and sections 3 to 6 read as follows:
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THE COURT |
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3. The court of law, equity and admiralty in and for Canada now
existing under the name of the Federal Court of Canada is hereby
continued as an additional court for the better administration of the laws
of Canada and shall continue to be a superior court of record having
civil and criminal jurisdiction.
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4. The Court shall consist of two divisions, called the Federal
Court-Appeal Division (which may be referred to as the Court of
Appeal or Federal Court of Appeal) and the Federal Court-Trial
Division.
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THE JUDGES |
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5. (1) The Court shall consist of the following judges:
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(2) For each office of judge of the Court of Appeal and of the Trial
Division, there shall be the additional office of supernumerary judge
that a judge of that Division may elect under the Judges Act to hold.
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(3) For each of the offices of Chief Justice and Associate Chief
Justice, there shall be the additional office of judge that the Chief Justice
or Associate Chief Justice, as the case may be, may elect under the
Judges Act to hold.
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(4) The judges shall be appointed by the Governor in Council by
letters patent under the Great Seal.
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(5) Any person may be appointed a judge of the Court who
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(6) Ten at least of the judges shall be persons who have been judges
of the Court of Appeal or of the Superior Court of the Province of
Quebec, or have been members of the bar of that Province.
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6. (1) The Chief Justice has rank and precedence over all the other
judges, and the Associate Chief Justice has rank and precedence after
the Chief Justice over all the other judges.
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(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 Exchequer Court of Canada or of the Court.
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(3) Where the office of Chief Justice or of Associate Chief Justice is
vacant, or the Chief Justice or the Associate Chief Justice is absent from
Canada or is for any reason unable or unwilling to act, the powers and
duties of the Chief Justice or the Associate Chief Justice shall be
exercised and performed by the senior judge who is in Canada and is
able and willing to act.
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Clause 17: Subsection 7(1) reads as follows:
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7. (1) The judges shall reside in the National Capital Region
described in the schedule to the National Capital Act or within forty
kilometres thereof.
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Clause 18: Subsections 8(1) and (2) read as follows:
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8. (1) Subject to subsection (2), the judges hold office during good
behaviour, but are removable by the Governor General on address of the
Senate and House of Commons.
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(2) A judge shall cease to hold office on attaining the age of
seventy-five years.
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Clause 19: Section 10.1 is new. Sections 9 to 11 read
as follows:
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9. (1) Every judge shall, before entering on the duties of the office of
judge, take an oath that he will duly and faithfully, and to the best of his
skill and knowledge, execute the powers and trusts reposed in him as a
judge of the Court.
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(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 case of absence or incapacity of the Chief
Justice, by any other judge.
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10. (1) Subject to subsection (3), any judge of a superior, county or
district court in Canada, and any person who has held office as a judge
of a superior, county or district court in Canada, may, at the request of
the Chief Justice made with the approval of the Governor in Council, act
as a judge of the Federal 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.
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(2) No request may be made under subsection (1) to a judge of a
superior, county or district court in a province without the consent of the
chief justice or chief judge of the court of which he is a member, or of
the attorney general of the province.
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(3) The Governor in Council may approve the making of requests
pursuant to subsection (1) in general terms or for particular periods or
purposes, and may limit the number of persons who may act under this
section.
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(4) A person who acts as a judge pursuant to subsection (1) shall be
paid a salary for the period he acts 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 him under that Act in
respect of that period, and shall also be paid the travel allowances that
a judge is entitled to be paid under the Judges Act.
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BARRISTERS, ADVOCATES, ATTORNEYS AND SOLICITORS |
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11. (1) Every person who is a barrister or advocate in a province may
practise as a barrister or advocate in the Court.
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(2) Every person who is an attorney or solicitor in a superior court
of a province may practise as an attorney or solicitor in the Court.
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(3) Every person who may practise as a barrister, advocate, attorney
or solicitor in the Court is an officer of the Court.
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Clause 20: (1) Subsection 12(1) reads as follows:
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12. (1) The Governor in Council may appoint as prothonotaries of
the Court such fit and proper persons who are barristers or advocates in
a province as are, in his opinion, necessary for the efficient performance
of the work of the Court that, under the Rules, is to be performed by
them.
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(2) New.
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Clause 21: (1) Subsections 13(1) and (2) read as
follows:
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13. (1) The Governor in Council may appoint a sheriff of the Court
for any geographical area.
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(2) Where no sheriff is appointed under subsection (1) for a
geographical area, the sheriff and deputy sheriffs of the county or other
judicial division or part thereof within that geographical area who are
appointed under provincial law are ex officio sheriff and deputy sheriffs
of the Court.
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(2) Subsection 13(4) reads as follows:
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(4) Every sheriff of the Court is ex officio a marshal of the Court and
every deputy sheriff of the Court is ex officio a deputy marshal of the
Court.
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Clause 22: Section 14 and the heading before it read
as follows:
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ADMINISTRATION OF COURT |
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14. (1) There is hereby established a Registry of the Court consisting
of a principal office of the Court in Ottawa and such other offices of the
Court as may be established by the Rules.
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(2) Such officers, clerks and employees as are required for the
purposes of the Court shall be appointed under the Public Service
Employment Act.
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(3) The employees of the Court shall be organized and the offices
shall be operated in such manner as may be provided by the Rules.
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Clause 23: Sections 15 and 16 read as follows:
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15. (1) Subject to the Rules, any judge of the Trial Division may sit
and act at any time and at any place in Canada for the transaction of the
business of the Court or any part thereof and, when he so sits or acts, he
constitutes the Court.
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(2) Subject to the Rules, all such arrangements as may be necessary
or proper for the holding of courts, or otherwise for the transaction of
business of the Trial Division, and the arrangements from time to time
of judges to hold such courts or to transact such business, shall be made
by the Associate Chief Justice.
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(3) The trial of any matter in the Trial Division may, by order of the
Court, take place partly at one place and partly at another.
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16. (1) Except as otherwise provided in this Act or any other Act of
Parliament, every appeal and every application for leave to appeal to the
Court of Appeal, and every application for judicial review or reference
to the Court of Appeal, shall be heard in the Court of Appeal before not
fewer than three judges sitting together and always before an uneven
number of judges, and, otherwise, the business of that Court shall be
dealt with by such judge or judges as the Chief Justice may arrange.
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(2) The Chief Justice shall designate the judges to sit from time to
time and the appeals or matters to be heard by them.
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(3) The place of each sitting of the Court of Appeal shall be arranged
by the Chief Justice to suit, as nearly as may be, the convenience of the
parties.
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(4) A judge shall not sit on the hearing of an appeal from a judgment
he has pronounced.
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(5) The Chief Justice when present at any sittings of the Court of
Appeal shall preside and, in the absence of the Chief Justice, the senior
judge who is present shall preside.
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Clause 24: The heading before section 17 reads as
follows:
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JURISDICTION OF TRIAL DIVISION |
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Clause 25: (1) Subsection 17(1) reads as follows:
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17. (1) Except as otherwise provided in this Act or any other Act of
Parliament, the Trial Division has concurrent original jurisdiction in all
cases where relief is claimed against the Crown.
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(2) The relevant portion of subsection 17(2) reads as
follows:
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(2) Without restricting the generality of subsection (1), the Trial
Division has concurrent original jurisdiction, except as otherwise
provided, in all cases in which
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(3) Subsections 17(3) and (4) read as follows:
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(3) The Trial Division has exclusive original jurisdiction to hear and
determine the following matters:
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(4) The Trial Division has concurrent original jurisdiction to hear
and determine proceedings to determine disputes where the Crown is or
may be under an obligation, in respect of which there are or may be
conflicting claims.
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(4) The relevant portion of subsection 17(5) reads as
follows:
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(5) The Trial Division has concurrent original jurisdiction
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(5) Subsection 17(6) reads as follows:
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(6) Where an Act of Parliament confers jurisdiction in respect of a
matter on a court constituted or established by or under a law of a
province, the Trial Division has no jurisdiction to entertain any
proceeding in respect of the same matter unless the Act expressly
confers that jurisdiction on the Court.
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Clause 26: (1) The relevant portion of subsection
18(1) reads as follows:
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18. (1) Subject to section 28, the Trial Division has exclusive original
jurisdiction
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(2) Subsection 18(2) reads as follows:
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(2) The Trial Division has exclusive original jurisdiction to hear and
determine every application for a writ of habeas corpus ad
subjiciendum, writ of certiorari, writ of prohibition or writ of
mandamus in relation to any member of the Canadian Forces serving
outside Canada.
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Clause 27: (1) Subsection 18.1(2) reads as follows:
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(2) An application for judicial review in respect of a decision or order
of a federal board, commission or other tribunal shall be made within
thirty days after the time the decision or order was first communicated
by the federal board, commission or other tribunal to the office of the
Deputy Attorney General of Canada or to the party directly affected
thereby, or within such further time as a judge of the Trial Division may,
either before or after the expiration of those thirty days, fix or allow.
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(2) The relevant portion of subsection 18.1(3) reads as
follows:
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(3) On an application for judicial review, the Trial Division may
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(3) The relevant portion of subsection 18.1(4) reads as
follows:
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(4) The Trial Division may grant relief under subsection (3) if it is
satisfied that the federal board, commission or other tribunal
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(4) Subsection 18.1(5) reads as follows:
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(5) Where the sole ground for relief established on an application for
judicial review is a defect in form or a technical irregularity, the Trial
Division may
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Clause 28: Sections 18.2 to 19 read as follows:
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18.2 On an application for judicial review, the Trial Division may
make such interim orders as it considers appropriate pending the final
disposition of the application.
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18.3 (1) A federal board, commission or other tribunal may at any
stage of its proceedings refer any question or issue of law, of jurisdiction
or of practice and procedure to the Trial Division for hearing and
determination.
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(2) The Attorney General of Canada may, at any stage of the
proceedings of a federal board, commission or other tribunal, other than
a service tribunal within the meaning of the National Defence Act, refer
any question or issue of the constitutional validity, applicability or
operability of an Act of Parliament or of regulations thereunder, to the
Trial Division for hearing and determination.
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18.4 (1) Subject to subsection (2), an application or reference to the
Trial Division under any of sections 18.1 to 18.3 shall be heard and
determined without delay and in a summary way.
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(2) The Trial Division 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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18.5 Notwithstanding sections 18 and 18.1, where provision is
expressly made by an Act of Parliament for an appeal as such to the
Court, to the Supreme Court of Canada, to the Court Martial Appeal
Court, to the Tax Court of Canada, to the Governor in Council or to the
Treasury Board from a decision or 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.
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19. Where the legislature of a province has passed an Act agreeing
that the Court, whether referred to in that Act by its present name or by
its former name of the Exchequer Court of Canada, has jurisdiction in
cases of controversies
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the Court has jurisdiction to determine the controversies and the Trial
Division shall deal with any such matter in the first instance.
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Clause 29: (1) The relevant portion of subsection
20(1) reads as follows:
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20. (1) The Trial Division has exclusive original jurisdiction,
between subject and subject as well as otherwise,
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(2) Subsection 20(2) reads as follows:
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(2) The Trial Division has concurrent jurisdiction in all cases, other
than those mentioned in subsection (1), in which a remedy is sought
under the authority of any 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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Clause 30: Section 21 reads as follows:
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21. The Trial Division has exclusive jurisdiction to hear and
determine all appeals that may be brought pursuant to subsection 14(5)
of the Citizenship Act.
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Clause 31: (1) Subsection 22(1) reads as follows:
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22. (1) The Trial Division 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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(2) and (3) The relevant portion of subsection 22(2)
reads as follows:
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(2) Without limiting the generality of subsection (1), it is hereby
declared for greater certainty that the Trial Division has jurisdiction
with respect to any one or more of the following:
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(4) The relevant portion of subsection 22(3) reads as
follows:
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(3) For greater certainty, it is hereby declared that the jurisdiction
conferred on the Court by this section is applicable
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Clause 32: The relevant portion of section 23 reads as
follows:
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23. Except to the extent that jurisdiction has been otherwise specially
assigned, the Trial Division 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, namely,
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Clause 33: Sections 24 to 26 read as follows:
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24. (1) Except as otherwise provided in this Act or any other Act of
Parliament, the Trial Division has exclusive original jurisdiction to hear
and determine all appeals that under any Act of Parliament may be taken
to the Court.
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(2) The Rules may transfer original jurisdiction to hear and
determine a particular class of appeal from the Trial Division to the
Court of Appeal.
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25. The Trial Division 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.
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26. (1) The Trial Division has original jurisdiction in respect of any
matter, not allocated specifically to the Court of Appeal, in respect of
which jurisdiction has been conferred by any Act of Parliament on the
Federal Court, whether referred to as such or as the Exchequer Court of
Canada.
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(2) Notwithstanding subsection (1), the Rules may transfer to the
Court of Appeal original jurisdiction to hear and determine a specified
class of matter to which that subsection applies.
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Clause 34: (1) Subsection 27(1) reads as follows:
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27. (1) An appeal lies to the Federal Court of Appeal from any
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of the Trial Division.
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(2) and (3) Subsections 27(1.2) to (1.4) are new.
Subsections 27(1.1) to (3) read as follows:
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(1.1) An appeal lies to the Federal Court of Appeal from
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of the Tax Court of Canada, other than one in respect of which section
18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies.
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(2) An appeal under this section shall be brought by filing a notice
of appeal in the Registry of the Court
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after the pronouncement of the judgment or determination appealed
from or within such further time as the Trial Division or the Tax Court
of Canada, as the case may be, may, either before or after the expiration
of those ten or thirty days, as the case may be, fix or allow.
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(3) All parties directly affected by an appeal under this section shall
be served forthwith with a true copy of the notice of appeal and evidence
of service thereof shall be filed in the Registry of the Court.
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Clause 35: (1) and (2) The relevant portion of
subsection 28(1) reads as follows:
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28. (1) The 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:
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(3) Subsections 28(2) and (3) read as follows:
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(2) Sections 18 to 18.5, except subsection 18.4(2), apply, with such
modifications as the circumstances require, in respect of any matter
within the jurisdiction of the Court of Appeal under subsection (1) and,
where they so apply, a reference to the Trial Division shall be read as a
reference to the Court of Appeal.
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(3) Where the Court of Appeal has jurisdiction to hear and determine
any matter, the Trial Division has no jurisdiction to entertain any
proceeding in respect of the same matter.
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Clause 36: (1) Subsection 36(1) reads as follows:
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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 Court in respect of any cause
of action arising in that province.
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(2) The relevant portion of subsection 36(2) reads as
follows:
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(2) A person who is entitled to an order for the payment of money in
respect of a cause of action arising outside any 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 thereon at such rate
as the Court considers reasonable in the circumstances, calculated
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(3) The relevant portion of subsection 36(4) reads as
follows:
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(4) Interest shall not be awarded under subsection (2)
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(4) Subsection 36(5) reads as follows:
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(5) The Court may, where 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.
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Clause 37: Section 37 reads as follows:
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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 Court in respect of any cause of
action arising in that province.
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(2) A judgment of the Court in respect of a cause of action arising
outside any province or in respect of causes of action arising in more
than one province shall bear interest at such rate as the Court considers
reasonable in the circumstances, calculated from the time of the giving
of the judgment.
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Clause 38: (1) and (2) Subsections 39(1) and (2) read
as follows:
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39. (1) Except as expressly provided by any other Act, the laws
relating to prescription and the limitation of actions in force in any
province between subject and subject apply to any proceedings in the
Court in respect of any cause of action arising in that province.
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(2) A proceeding in the 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.
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Clause 39: Section 40 reads as follows:
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40. (1) Where the Court is satisfied, on application, that a person has
persistently instituted vexatious proceedings or has conducted a
proceeding in a vexatious manner, the Court may order that no further
proceedings be instituted by the person in the Court or that a proceeding
previously instituted by the person in the Court not be continued, except
by leave of the Court.
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(2) An application under subsection (1) may be made only with the
consent of the Attorney General of Canada, who shall be entitled to be
heard on the application and on any application made under subsection
(3).
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(3) A person against whom an order under subsection (1) has been
made may apply to the Court for rescission of the order or for leave to
institute or continue a proceeding.
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(4) Where an application is made 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.
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(5) A decision of the Court under subsection (4) is final and is not
subject to appeal.
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Clause 40: (1) Subsections 43(1) to (3) read as
follows:
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43. (1) Subject to subsection (4), the jurisdiction conferred on the
Court by section 22 may in all cases be exercised in personam.
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(2) Subject to subsection (3), the jurisdiction conferred on the 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 of sale
thereof that have been paid into court.
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(3) Notwithstanding subsection (2), the jurisdiction conferred on the
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.
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(2) The relevant portion of subsection 43(4) reads as
follows:
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(4) No action in personam may be commenced in Canada for a
collision between ships unless
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(3) Subsection 43(5) reads as follows:
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(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 Court.
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(4) Subsections 43(8) and (9) read as follows:
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(8) The jurisdiction conferred on the Court by section 22 may be
exercised in rem against any ship that, at the time the action is brought,
is beneficially owned by the person who is the owner of the ship that is
the subject of the action.
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(9) In an action for a collision in which a ship, aircraft or other
property of a defendant has been arrested, or security given to answer
judgment against the defendant, and in which the defendant has
instituted a cross-action or counter-claim in which a ship, aircraft or
other property of the plaintiff is liable to arrest but cannot be arrested,
the Court may stay the proceedings in the principal action until security
has been given to answer judgment in the cross-action or counter-claim.
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Clause 41: Section 44 reads as follows:
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44. In addition to any other relief that the Court may grant or award,
a mandamus, injunction or order for specific performance may be
granted or a receiver appointed by the Court in all cases in which it
appears to the Court to be just or convenient to do so, and any such order
may be made either unconditionally or on such terms and conditions as
the Court deems just.
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Clause 42: Section 45 reads as follows:
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45. (1) Where a judge resigns his office or is appointed to any other
court or otherwise ceases to hold office, he may, at the request of the
Chief Justice, at any time within eight weeks after that event give
judgment in any cause, action or matter previously tried by or heard
before him as if he had continued in office.
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(2) Where a person to whom subsection (1) applies has heard a cause,
action or matter in the Federal Court of Appeal jointly with other judges
of the Court of Appeal, he may, at the request of the Chief Justice, at any
time within the period mentioned in subsection (1) take part in the
giving of judgment by that Court as if he were still a judge.
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(3) Where a person to whom subsection (1) applies or any other
judge by whom a matter in the Court of Appeal has been heard is unable
to take part in the giving of judgment or has died, the remaining judges
may give judgment and, for that purpose, shall be deemed to constitute
the Court.
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Clause 43: (1) Paragraph 45.1(1)(b.1) is new. The
relevant portion of subsection 45.1(1) reads as follows:
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45.1 (1) There shall be a rules committee composed of the following
members:
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(2) Subsections 45.1(2) and (3) read as follows:
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(2) The persons referred to in paragraph (1)(c) should be
representative of the different regions of Canada and have experience
in fields of law in respect of which the Court has jurisdiction.
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(3) The Chief Justice or a member designated by the Chief Justice
shall preside over the rules committee.
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Clause 44: (1) to (7) Paragraphs 46(1)(i), (j) and (k)
are new. The relevant portion of subsection 46(1) reads
as follows:
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46. (1) Subject to the approval of the Governor in Council and
subject also to subsection (4), the rules committee may make general
rules and orders
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Clause 45: Sections 48 and 49 read as follows:
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48. (1) A proceeding against the Crown shall be instituted by filing
in the Registry of the Court the original and two copies of a document
that may be in the form set out in the schedule and by payment of the
sum of two dollars as a filing fee.
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(2) The original and two copies of the originating document may be
filed as required by subsection (1) by being forwarded, together with a
remittance for the filing fee, by registered mail addressed to ``The
Registry, The Trial Division, The Federal Court of Canada, Ottawa,
Canada''.
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(3) When the original and two copies of the originating document
have been filed and the filing fee has been paid as required by this
section, an officer of the Registry of the Court shall, after verifying the
accuracy of the copies, forthwith, on behalf of the claimant, serve the
originating document on Her Majesty by transmitting the copies to the
office of the Deputy Attorney General of Canada.
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(4) When the copies have been transmitted to the office of the Deputy
Attorney General of Canada under subsection (3), a certificate signed
by an officer of the Registry respecting the date of filing and the date of
transmission of the copies shall be delivered, or forwarded by registered
mail, to the claimant or the claimant's counsel or solicitor at the address
appearing on the originating document, or at such other address as may
have been communicated to the Registry for the purpose.
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(5) A certificate under subsection (4) is evidence of the date of filing
and the date of service of the originating document referred to in the
certificate.
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49. All causes or matters before the Court shall be heard and
determined without a jury.
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Clause 46: (1) The relevant portion of subsection
50(1) reads as follows:
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50. (1) The Court may, in its discretion, stay proceedings in any cause
or matter,
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(2) Subsections 50(2) and (3) read as follows:
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(2) The Court shall, on the application of the Attorney General of
Canada, stay proceedings in any cause or matter in respect of a claim
against the Crown if it appears that the claimant has an action or
proceeding in respect of the same claim pending in any other court
against a person who, at the time when the cause of action alleged in the
action or proceeding arose, was, in respect thereof, acting so as to
engage the liability of the Crown.
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(3) Any stay ordered under this section may subsequently be lifted
in the discretion of the Court.
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Clause 47: (1) to (3) Section 50.1 reads as follows:
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50.1 (1) The Court shall, on application of the Attorney General of
Canada, stay proceedings in any cause or matter in respect of a claim
against the Crown where the Crown desires to institute a counter-claim
or third-party proceedings in respect of which the Court lacks
jurisdiction.
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(2) Where the Court stays proceedings under subsection (1), the
party who instituted the proceedings may recommence those
proceedings in a court constituted or established by or under a law of a
province and otherwise having jurisdiction with respect to the
subject-matter of the proceedings.
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(3) Where proceedings are recommenced pursuant to subsection (2)
within one hundred days after the proceedings are stayed in the Court,
the claim against the Crown in the recommenced proceedings shall, for
the purposes of any laws relating to prescription and the limitation of
actions, be deemed to have been instituted on the day the proceedings
in the Court were instituted.
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Clause 48: Section 51 reads as follows:
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51. Where a judge gives reasons for a judgment pronounced by him
or pronounced by a court of which he was a member, he shall file a copy
of the reasons in the Registry of the Court.
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Clause 49: The heading before section 52 reads as
follows:
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JUDGMENTS OF COURT OF APPEAL |
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Clause 50: The relevant portion of section 52 reads as
follows:
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52. The Federal Court of Appeal may
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Clause 51: Sections 53 and 54 read as follows:
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53. (1) The evidence of any witness may by order of the Court be
taken, subject to any rule or order that may relate to the matter, on
commission, on examination or by affidavit.
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(2) Evidence that would not otherwise be admissible shall be
admissible, in the discretion of the Court and subject to any rule that
may relate to the matter, if it would be admissible in a similar matter in
a superior court of a province in accordance with the law in force in any
province, notwithstanding that it is not admissible by virtue of section
40 of the Canada Evidence Act.
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54. (1) All persons authorized to take and receive affidavits to be
used in any of the superior courts of a province may administer oaths
and take and receive affidavits, declarations and solemn affirmations in
that province to be used in the Court.
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(2) The Governor in Council may, by commission, empower such
person as the Governor in Council thinks necessary, within or outside
Canada, to administer oaths and to take and receive affidavits,
declarations and solemn affirmations in or concerning any proceeding
had or to be had in the Court.
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(3) Every oath, affidavit, declaration or solemn affirmation taken or
made pursuant to this section is as valid and of the same effect, to all
intents, as if it had been administered, taken, sworn, made or affirmed
before the Court.
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(4) Every commissioner empowered under subsection (2) shall be
styled a commissioner for administering oaths in the Federal Court of
Canada.
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Clause 52: (1) Subsection 55(1) reads as follows:
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55. (1) The process of the Court runs throughout Canada and any
other place to which legislation enacted by Parliament has been made
applicable.
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(2) Subsection 55(6) is new. Subsections 55(4) and (5)
read as follows:
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(4) A sheriff or marshal shall execute the process of the Court that is
directed to him, whether or not it requires him to act outside his
geographical jurisdiction, and shall perform such other duties as may be
expressly or impliedly assigned to him by the Rules.
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(5) In any case where there is no sheriff or marshal or a sheriff or
marshal is unable or unwilling to act, the process of the Court shall be
directed to a deputy sheriff or deputy marshal, or to such other person
as may be provided by the Rules or by a special order of the Court made
for a particular case, and any such person is entitled to take and retain
for his own use such fees as may be provided by the Rules or the special
order.
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Clause 53: (1) to (3) Section 56 reads as follows:
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56. (1) In addition to any writs of execution or other process that are
prescribed by the Rules for enforcement of its judgments or orders, the
Court may issue process against the person or the property of any party,
of the same tenor and effect as those that may be issued out of any of the
superior courts of the province in which any judgment or order is to be
executed, and where, by the law of that province, an order of a judge is
required for the issue of any process, a judge of the Court may make a
similar order with respect to like process to issue out of the Court.
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(2) No person shall be taken into custody under process of execution
for debt issued out of the Court.
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(3) All writs of execution or other process against property, whether
prescribed by the Rules or authorized by subsection (1), shall, unless
otherwise provided by the Rules, be executed, with respect to the
property liable to execution and the mode of seizure and sale, as nearly
as possible in the same manner as similar writs or process, issued out of
the superior courts of the province in which the property to be seized is
situated, are, by the law of that province, required to be executed, and
the writs or other process issued by the Court shall bind property in the
same manner as similar writs or process issued by the provincial
superior courts, and the rights of purchasers thereunder are the same as
those of purchasers under those similar writs or process.
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(4) Every claim made by any person to property seized under a writ
of execution or other process issued out of the Court, or to the proceeds
of the sale of that property, 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 province.
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Clause 54: (1) to (4) Section 57 reads as follows:
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57. (1) Where the constitutional validity, applicability or operability
of an Act of Parliament or of the legislature of any province, or of
regulations thereunder, is in question before the 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 adjudged 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).
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(2) Except where otherwise ordered by the Court or the federal
board, commission or other tribunal, the notice referred to in subsection
(1) shall be served at least ten days before the day on which the
constitutional question described in that subsection is to be argued.
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(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 described in
subsection (1).
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(4) The Attorney General of Canada and the attorney general of each
province are entitled to adduce evidence and make submissions to the
Court or federal board, commission or other tribunal in respect of the
constitutional question described in subsection (1).
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(5) Where the Attorney General of Canada or the attorney general of
a province makes submissions under subsection (4), that attorney
general shall be deemed to be a party to the proceedings for the purposes
of any appeal in respect of the constitutional question described in
subsection (1).
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Clause 55: Section 57.1 reads as follows:
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57.1 All fees payable in respect of proceedings in the Court shall be
paid to the Receiver General unless those fees 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.
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Clause 56: Subsections 58(1) and (2) read as follows:
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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
Court and may appoint a committee of not more than five persons to
advise the editor.
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(2) Only such of the decisions of the Court or such parts of such
decisions as, in the opinion of the editor, are of sufficient significance
or importance to warrant publication in the official reports shall be
included therein.
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Clause 57: Section 59 reads as follows:
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59. Such services or assistance in connection with the conduct of the
Court's hearings, the security of the Court, its premises and staff or the
execution of its orders and judgments as 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 such other
police force as the Governor in Council may designate.
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Clause 58: The schedule reads as follows:
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SCHEDULE
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IN THE FEDERAL COURT OF CANADA TRIAL DIVISION |
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Between
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A.B.
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Plaintiff
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and
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Her Majesty the Queen
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Defendant
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STATEMENT OF CLAIM |
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or |
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DECLARATION |
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(N.B. Either title may be used)
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Facts |
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(State with convenient certainty the facts on which the plaintiff relies
as entitling him to relief.)
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Relief Sought |
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The plaintiff therefore claims as follows:
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Dated at ................ the ................ day of ................, 19.......
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(Signature) Counsel for Plaintiff (or the plaintiff himself if he acts for himself)
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Tax Court of Canada Act |
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Clause 59: (1) and (2) The definitions ``Associate
Chief Judge'', ``Chief Judge'' and ``judge'' in section 2
read as follows:
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``Associate Chief Judge'' means the Associate Chief Judge of the Court;
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``Chief Judge'' means the Chief Judge of the Court;
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``judge'' means a judge of the Court and, unless the context otherwise
requires, includes the Chief Judge and Associate Chief Judge.
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(3) New.
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(4) New.
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Clause 60: Section 3 reads as follows:
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3. The Tax Review Board, established by the Tax Review Board Act,
chapter 11 of the Statutes of Canada, 1970-71-72, is hereby continued
under the name of the Tax Court of Canada as a court of record.
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Clause 61: (1) The relevant portion of subsection 4(1)
reads as follows:
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4. (1) The Tax Court of Canada shall consist of the following judges:
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(2) The relevant portion of subsection 4(3) reads as
follows:
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(3) Subject to subsection (4), any person may be appointed a judge
of the Court who
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(3) Subsection 4(4) reads as follows:
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(4) Either the Chief Judge or the Associate Chief Judge shall be or
have been a judge of the Superior Court of Quebec or a member of the
bar of that province.
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Clause 62: (1) and (2) Section 5 reads as follows:
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5. (1) The Chief Judge, and after him the Associate Chief Judge, has
rank and precedence over all the other judges.
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(2) The other judges have rank and precedence after the Chief Judge
and the Associate Chief Judge 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.
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(3) Where the office of Chief Judge is vacant, or the Chief Judge is
absent from Canada or is for any reason unable to act, the powers of the
Chief Judge shall be exercised and the duties of the Chief Judge shall
be performed
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Clause 63: Subsection 6(2) reads as follows:
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(2) Subsection (1) does not apply to a person who held office as a
member of the Tax Review Board immediately before July 18, 1983 and
at that time did not reside in the National Capital Region or within forty
kilometres thereof.
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Clause 64: (1) and (2) Section 8 reads as follows:
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8. (1) Every judge shall, before entering on the duties of his office,
take an oath that he will duly and faithfully, and to the best of his skill
and knowledge, execute the powers and trusts reposed in him as a judge
of the Court.
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(2) The oath referred to in subsection (1) shall be administered to the
Chief Judge before the Chief Justice of the Federal Court, and to the
other judges by the Chief Judge or, in his absence or incapacity, by any
other judge.
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Clause 65: (1) Subsection 9(1) reads as follows:
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9. (1) Subject to subsection (3), any former judge of the Court, any
judge or former judge of a superior, county or district court in Canada
or any judge or former judge of any other court who was appointed
pursuant to an Act of the legislature of a province may, at the request of
the Chief Judge 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.
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(2) Subsection 9(4) reads as follows:
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(4) A person who acts as a judge pursuant to subsection (1) shall be
paid a salary for the period he acts at the rate fixed by the Judges Act for
a judge of the Court, other than the Chief Judge or the Associate Chief
Judge, less any amount otherwise payable to him under that Act in
respect of that period, and shall also be paid the travel allowances that
a judge is entitled to be paid under that Act.
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Clause 66: Section 11 reads as follows:
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11. For each of the offices of Chief Judge and Associate Chief Judge,
respectively, there shall be the additional office of judge that the Chief
Judge or Associate Chief Judge, as the case may be, may elect under the
Judges Act to hold.
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Clause 67: Section 13 reads as follows:
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13. The Court has, with respect to the attendance, swearing and
examination of witnesses, the production and inspection of documents
and other matters necessary or proper for the due exercise of its
jurisdiction, all such powers, rights and privileges as are vested in a
superior court of record.
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Clause 68: Subsection 14(2) reads as follows:
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(2) Subject to the rules of Court, all such arrangements as 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 such business,
shall be made by the Chief Judge.
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Clause 69: Section 14.1 reads as follows:
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14.1 The Royal Canadian Mounted Police, or such other police force
as the Governor in Council designates, shall, at the request of the Chief
Judge, provide assistance in connection with the security of the Court,
its hearings, its premises and its staff.
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Clause 70: Section 16 reads as follows:
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16. Where a judge resigns or is appointed to any other court or
otherwise ceases to hold office, the judge may, at the request of the Chief
Judge, at any time within eight weeks after that event, give judgment in
any matter previously tried by or heard before the judge as if the judge
had continued in office.
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Clause 71: Section 17.4 reads as follows:
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17.4 When the Court has rendered its judgment in a proceeding in
respect of which this section applies, the Registrar shall send a copy of
the judgment and any written reasons therefor to each party to the
proceeding.
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Clause 72: Sections 17.6 and 17.7 read as follows:
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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 Court Act.
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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
and all provisions of the Federal Court Act and the Federal Court Rules
governing appeals to the Federal Court of Appeal shall apply, with such
modifications as the circumstances require, in respect of such an appeal.
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Clause 73: Subsection 18.19(1) reads as follows:
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18.19 (1) When the Court has fixed the date for a hearing, the
Registrar of the Court shall, not later than thirty days before that date,
send by registered mail to all parties, or have served on all parties, a
notice of hearing.
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Clause 74: Sections 18.24 and 18.25 read as follows:
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18.24 A judgment of the Court on an appeal referred to in section 18
is final and conclusive and is not open to question or review in any court
except the Federal Court of Appeal in accordance with section 28 of the
Federal Court Act.
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18.25 Where the Minister of National Revenue makes an application
under section 28 of the Federal Court Act to review and set aside a
judgment referred to in section 18.24, the reasonable and proper costs
of the taxpayer in respect of the application shall be paid by Her Majesty
in right of Canada.
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Clause 75: The relevant portion of section 18.3008
reads as follows:
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18.3008 Where the Minister of National Revenue makes an
application for judicial review in accordance with section 28 of the
Federal Court Act of a judgment on an appeal referred to in section
18.3001, the reasonable and proper costs of the person who brought the
appeal in respect of the application shall be borne by Her Majesty in
right of Canada where the appeal was an appeal for which
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Clause 76: New.
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Clause 77: New. The relevant portion of subsection
20(1.1) reads as follows:
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(1.1) Without limiting the generality of the foregoing, the rules
committee may make rules
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Clause 78: (1) and (2) Paragraph 22(1)(c.1) is new.
The relevant portion of subsection 22(1) reads as
follows:
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22. (1) The rules committee shall be composed of
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(3) Subsection 22(2) reads as follows:
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(2) The Chief Judge or, in the Chief Judge's absence, the Associate
Chief Judge shall preside over the rules committee.
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Clause 79: Section 23 reads as follows:
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23. (1) There shall be a Registry of the Court consisting of a principal
office of the Court in Ottawa and such other offices of the Court as may
be established by the rules made or continued under this Act.
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(2) Such officers, clerks and employees as are required for the
purposes of the Court shall be appointed under the Public Service
Employment Act.
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(3) The employees of the Court shall be organized and the offices
shall be operated in such manner as may be provided by the rules made
or continued under this Act.
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Judges Act |
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Clause 81: The definition ``judge'' in section 2 reads
as follows:
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``judge'' includes a chief justice, senior associate chief justice, associate
chief justice, supernumerary judge, chief judge, associate chief
judge, senior judge and regional senior judge.
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Clause 82: (1) and (2) Section 10.1 is new. Section 10
reads as follows:
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10. The yearly salaries of the judges of the Federal Court are as
follows:
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Clause 83: The relevant portion of section 11 reads as
follows:
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11. The yearly salaries of the judges of the Tax Court of Canada are
as follows:
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Clause 84: (1) Subsections 27(3) to (4) read as
follows:
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(3) There shall be paid to every judge of the Federal Court who is in
receipt of a salary under this Act, in addition to the allowance provided
by subsection (1), a non-accountable yearly allowance of $2,000 as
compensation for special incidental expenditures inherent in the
exercise of their office as judge.
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(3.1) There shall be paid to every judge of the Tax Court of Canada
an additional yearly allowance of $2,000 as compensation for special
incidental expenditures inherent in the exercise of the office of judge.
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(4) Subsections (3) and (3.1) shall continue in force for so long as
subsection 57(2) continues in force in relation to judges of superior
courts in the provinces.
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(2) Subsection 27(6) reads as follows:
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(6) A chief justice or chief judge, a puisne judge of the Supreme
Court of Canada, the Chief Justice of the Court of Appeal of the Yukon
Territory, the Chief Justice of the Court of Appeal of the Northwest
Territories, the senior judge of the Supreme Court of the Yukon
Territory and the senior judge of the Supreme Court of the Northwest
Territories are entitled to be paid, as a representational allowance,
reasonable travel and other expenses actually incurred by the justice or
judge or the spouse of the justice or judge in discharging the special
extra-judicial obligations and responsibilities that devolve on the
justice or judge, to the extent that those expenses may not be reimbursed
under any other provision of this Act and their aggregate amount does
not exceed in any year the maximum amount indicated in respect of
each office in subsection (7).
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(3) and (4) The relevant portion of subsection 27(7)
reads as follows:
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(7) The maximum yearly amounts of the representational allowance
referred to in subsection (6) are as follows:
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(5) The definition ``chief judge'' in subsection 27(9)
reads as follows:
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``chief judge'' includes an associate chief judge;
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Clause 85: (1) Subsection 28(1) reads as follows:
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28. (1) Where a judge of the Federal Court or a judge of the Tax Court
of Canada has notified the Minister of Justice of Canada of his election
to give up regular judicial duties and hold office only as a
supernumerary judge, that judge shall thereupon hold only the office of
supernumerary judge of that Court and shall be paid the salary annexed
to that office until the judge reaches the age of retirement, resigns or is
removed from or otherwise ceases to hold office.
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(2) Subsection 28(3) reads as follows:
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(3) A judge who has made the election referred to in subsection (1)
shall hold himself available to perform such special judicial duties as
may be assigned to the judge
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(3) Subsection 28(4) reads as follows:
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(4) The salary of each supernumerary judge of the Federal Court or
the Tax Court of Canada is the salary annexed to the office of a judge,
other than the Chief Justice or the Associate Chief Justice, of the Federal
Court or a judge, other than the Chief Judge or the Associate Chief
Judge, of the Tax Court of Canada, as the case may be.
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Clause 86: (1) Subsection 29(1) reads as follows:
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29. (1) Where the legislature of a province has enacted legislation
establishing for each office of judge of a superior court or courts of the
province the additional office of supernumerary judge of the court or
courts and a judge of such a court has notified the Minister of Justice of
Canada and the attorney general of the province of his election to give
up regular judicial duties and hold office only as a supernumerary
judge, the judge shall thereupon hold only the office of supernumerary
judge of that court and shall be paid the salary annexed to that office
until he reaches the age of retirement, resigns or is removed from or
otherwise ceases to hold office.
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(2) The relevant portion of subsection 29(3) reads as
follows:
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(3) A judge who has made the election referred to in subsection (1)
shall hold himself available to perform such special judicial duties as
may be assigned to the judge
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Clause 87: The heading before section 31 reads as
follows:
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Chief Justice or Judge continuing as Judge |
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Clause 88: (1) and (2) Section 31 reads as follows:
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31. (1) Where the Chief Justice or Associate Chief Justice of the
Federal Court or the Chief Judge or Associate Chief Judge of the Tax
Court of Canada has notified the Minister of Justice of Canada of his
election to cease to perform the duties of that office and to perform only
the duties of a judge, he shall thereupon hold only the office of a judge
of the Federal Court or the Tax Court of Canada, as the case may be, and
shall be paid the salary annexed to the office of a judge of the Federal
Court or the Tax Court of Canada, as the case may be, until he reaches
the age of retirement, resigns or is removed from or otherwise ceases to
hold office.
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(2) The Chief Justice or Associate Chief Justice of the Federal Court
or the Chief Judge or Associate Chief Judge of the Tax Court of Canada
may make the election referred to in subsection (1) only if he has
continued in the office for at least five years or has continued in the
office and another office referred to in this subsection for a total of at
least five years.
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(3) The Chief Justice or Associate Chief Justice of the Federal Court
or the Chief Judge or Associate Chief Judge of the Tax Court of Canada
who has made the election referred to in subsection (1) shall perform all
of the judicial duties normally performed by a judge of the Federal
Court or the Tax Court of Canada, as the case may be.
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(4) The salary of a Chief Justice or Associate Chief Justice of the
Federal Court or a Chief Judge or Associate Chief Judge of the Tax
Court of Canada who has made the election referred to in subsection (1)
is the salary annexed to the office of judge, other than the Chief Justice
or the Associate Chief Justice, of the Federal Court or judge, other than
the Chief Judge or the Associate Chief Judge, of the Tax Court of
Canada, as the case may be.
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Clause 89: Subsection 32(1) reads as follows:
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32. (1) Where the legislature of a province has enacted legislation
establishing for each office of chief justice of a superior court of the
province such additional offices of judge of that court as are required for
the purposes of this section, and a chief justice of that court has notified
the Minister of Justice of Canada and the attorney general of the
province of his election to cease to perform the duties of chief justice
and to perform only the duties of a judge, the chief justice shall
thereupon hold only the office of a judge, other than a chief justice, of
that court and shall be paid the salary annexed to the office of a judge,
other than a chief justice, of that court until he reaches the age of
retirement, resigns or is removed from or otherwise ceases to hold
office.
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Clause 90: Subsection 34(1) reads as follows:
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34. (1) Subject to this section and sections 36 to 39, a judge of a
superior court or of the Tax Court of Canada who for the purposes of
performing any function or duty in that capacity attends at any place
other than that at which or in the immediate vicinity of which the judge
is by law obliged to reside is entitled to be paid, as a travel allowance,
moving or transportation expenses and the reasonable travel and other
expenses incurred by the judge in so attending.
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Clause 91: (1) and (2) The relevant portion of
subsection 40(1) reads as follows:
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40. (1) A removal allowance shall be paid to
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(3) Subsection 40(1.2) reads as follows:
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(1.2) Paragraphs (1)(e) and (f) apply only in respect of a judge who,
at the time of appointment to the Supreme Court of Canada, the Federal
Court or the Tax Court of Canada, as the case may be, resided outside
the area within which the judge was required to reside by the Act
establishing that Court.
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Clause 92: (1) Subsection 41(1) reads as follows:
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41. (1) A judge of a superior court or of the Tax Court of Canada who
attends a meeting, conference or seminar that is held for a purpose
relating to the administration of justice and that the judge in the capacity
of a judge is required by law to attend, or who, with the approval of the
chief justice or chief judge of that court, attends any such meeting,
conference or seminar that the judge in that capacity is expressly
authorized by law to attend, is entitled to be paid, as a conference
allowance, reasonable travel and other expenses actually incurred by
the judge in so attending.
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(2) The relevant portion of subsection 41(2) reads as
follows:
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(2) Subject to subsection (3), a judge of a superior court or of the Tax
Court of Canada who, with the approval of the chief justice or chief
judge of that court,
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(3) The relevant portion of subsection 41(3) reads as
follows:
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(3) Where the aggregate amount of conference allowances that have
been paid under subsection (2) in any year
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(4) The definition '' ``chief justice'' or ``chief judge''
'' in subsection 41(4) reads as follows:
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``chief justice'' or ``chief judge'' of any court of which a particular judge
is a member means the chief justice, chief judge or other person
recognized by law as having rank or status senior to all other
members of, or having the supervision of, that court, but where that
court is a superior court constituted with divisions, then the person
having such rank or status in relation to all other members of the
division of which the particular judge is a member;
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Clause 93: (1) Subsection 42(1) reads as follows:
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42. (1) The Governor in Council shall grant to
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an annuity equal to two-thirds of the salary annexed to the office held
by the judge at the time of his resignation, removal or attaining the age
of retirement, as the case may be.
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(2) Subsection 42(4) reads as follows:
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(4) In this section, ``judicial office'' means the office of a judge of a
superior or county court or of the Tax Court of Canada.
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(3) Subsection 42(4), as enacted by section 18 of the
Nova Scotia Amendments Act, 1992, reads as follows:
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(4) In this section, ``judicial office'' means the office of a judge of a
superior court or of the Tax Court of Canada.
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Clause 94: (1) and (2) Subsections 43(1) and (2) read
as follows:
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43. (1) Where a supernumerary judge, prior to becoming a
supernumerary judge, held the office of chief justice, senior associate
chief justice, associate chief justice, chief judge or associate chief judge,
the annuity payable to the judge under section 42 shall be an annuity
equal to two-thirds of the salary annexed, at the time of his resignation,
removal or attaining the age of retirement, to the office previously held
by him of chief justice, senior associate chief justice, associate chief
justice, chief judge or associate chief judge.
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(2) Where the Chief Justice or Associate Chief Justice of the Federal
Court or the Chief Judge or Associate Chief Judge of the Tax Court of
Canada, in accordance with section 31, or a chief justice of a superior
court of a province, in accordance with section 32, has elected to cease
to perform his duties as such and to perform only the duties of a judge,
the annuity payable to him under section 42 shall be an annuity equal
to two-thirds of the salary annexed, at the time of his resignation,
removal or attaining the age of retirement, to the office held by him
immediately prior to his election.
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Clause 95: (1) and (2) The relevant portion of
subsection 44(1) reads as follows:
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44. (1) Subject to this section, where, after July 10, 1955, a judge of
a superior court or of the Tax Court of Canada died or dies while holding
office, the Governor in Council shall grant to the surviving spouse of the
judge an annuity equal to one third of
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Clause 96: (1) Subsection 47(3) reads as follows:
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(3) Where, after October 5, 1971, a judge of a superior or county
court or of the Tax Court of Canada dies while holding office, or a judge
who was granted an annuity after October 5, 1971 dies, an annuity shall
be granted to each surviving child of that judge as provided in
subsections (4) to (6).
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(2) Subsection 47(3), as enacted by section 22 of the
Nova Scotia Amendments Act, 1992, reads as follows:
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(3) Where, after October 5, 1971, a judge of a superior court or of the
Tax Court of Canada dies while holding office, or a judge who was
granted an annuity after October 5, 1971 dies, an annuity shall be
granted to each surviving child of that judge as provided in subsections
(4) to (6).
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Clause 97: Subsection 51(1) reads as follows:
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51. (1) Where a judge has ceased to hold office otherwise than by
reason of death and, at the time he ceased to hold office, no annuity
under this Act was granted or could be granted to that judge, there shall
thereupon be paid to the judge, in respect of his having ceased to hold
that office, an amount equal to the total contributions made by him
under subsection 50(1) or paragraph 50(2)(a), together with interest, if
any, calculated pursuant to subsection (4).
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Clause 98: (1) The relevant portion of subsection
54(1) reads as follows:
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54. (1) No judge of a superior court or of the Tax Court of Canada
shall be granted leave of absence from his or her judicial duties for a
period
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(2) Subsections 54(1.1) to (3) read as follows:
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(1.1) Whenever a leave of absence is granted pursuant to paragraph
(1)(a), the chief justice or senior judge of the superior court or the chief
judge of the Tax Court of Canada, as the case may be, shall, without
delay, notify the Minister of Justice of Canada and, in the case of
provincial or territorial courts, the minister of justice or the attorney
general of the province or territory.
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(1.2) Whenever a leave of absence is granted pursuant to paragraph
(1)(b), the Minister of Justice of Canada shall, without delay, notify the
chief justice or senior judge of the superior court or the chief judge of
the Tax Court of Canada, as the case may be, and, in the case of
provincial or territorial courts, the minister of justice or the attorney
general of the province or territory.
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(2) If it appears to the chief justice or senior judge of a superior court
or to the chief judge of the Tax Court of Canada that a judge of the court
is absent from the judge's judicial duties without the approval required
by subsection (1), the chief justice, senior judge or chief judge of the Tax
Court of Canada, as the case may be, shall report the absence to the
Minister of Justice of Canada.
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(3) Whenever a judge of a superior court or of the Tax Court of
Canada is absent from the judge's judicial duties for a period in excess
of thirty days, the judge shall report the absence and the reasons therefor
to the Minister of Justice of Canada.
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Clause 99: Section 55 reads as follows:
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55. No judge shall, either directly or indirectly, for himself or others,
engage in any occupation or business other than his judicial duties, but
every judge shall devote himself exclusively to those judicial duties.
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Clause 100: Subsection 57(3) reads as follows:
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(3) In the cases described in subsection (1), a judge may receive his
moving or transportation expenses and the reasonable travel and other
expenses incurred by him away from his ordinary place of residence
while acting in any such capacity or in the performance of any such duty
or service, in the same amount and under the same conditions as if the
judge were performing a function or duty as such judge, if those
expenses are paid in respect of any matter within the legislative
authority of Parliament, by the Government of Canada, and in respect
of any matter within the legislative authority of the legislature of a
province, by the government of the province.
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Clause 101: (1) The relevant portion of subsection
59(1) reads as follows:
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59. (1) There is hereby established a Council, to be known as the
Canadian Judicial Council, consisting of
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(2) Subsection 59(4) reads as follows:
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(4) Each member of the Council may appoint a judge of that
member's court to be a substitute member of the Council and the
substitute member shall act as a member of the Council during any
period in which he is appointed to act, but the Chief Justice of Canada
may, in lieu of appointing a member of the Supreme Court of Canada,
appoint any former member of that Court to be a substitute member of
the Council.
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Clause 102: (1) Subsection 60(1) reads as follows:
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60. (1) The objects of the Council are to promote efficiency and
uniformity, and to improve the quality of judicial service, in superior
courts and in the Tax Court of Canada.
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(2) The relevant portion of subsection 60(2) reads as
follows:
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(2) In furtherance of its objects, the Council may
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Clause 103: (1) Subsections 63(1) and (2) read as
follows:
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63. (1) The Council shall, at the request of the Minister or the attorney
general of a province, commence an inquiry as to whether a judge of a
superior court or of the Tax Court of Canada should be removed from
office for any of the reasons set out in paragraphs 65(2)(a) to (d).
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(2) The Council may investigate any complaint or allegation made
in respect of a judge of a superior court or of the Tax Court of Canada.
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(2) The relevant portion of subsection 63(4) reads as
follows:
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(4) The Council or an Inquiry Committee in making an inquiry or
investigation under this section shall be deemed to be a superior court
and shall have
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Clause 104: The relevant portion of subsection 69(1)
reads as follows:
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69. (1) The Council shall, at the request of the Minister, commence
an inquiry to establish whether a person appointed pursuant to an
enactment of Parliament to hold office during good behaviour other
than
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Clause 105: The relevant portion of subsection 74(1)
reads as follows:
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74. (1) It shall be the duty and function of the Commissioner, under
the Minister, to
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Clause 106: Section 76 and the heading before it read
as follows:
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Deputies of the Commissioner |
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76. (1) In so far as the duties and functions of the Commissioner
under paragraphs 74(1)(b) and (c) relate to the Federal Court, they shall
be carried out, under the direction of the Commissioner, by an officer
who shall be a deputy of the Commissioner and who shall be appointed
or designated by the Commissioner with the concurrence therein of the
Chief Justice and the Associate Chief Justice of that Court.
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(2) In so far as the duties and functions of the Commissioner under
paragraphs 74(1)(b) and (c) relate to the Tax Court of Canada, they shall
be carried out, under the direction of the Commissioner, by an officer
who shall be a deputy of the Commissioner and who shall be appointed
or designated by the Commissioner with the concurrence therein of the
Chief Judge and the Associate Chief Judge of that Court.
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(3) An officer appointed or designated under subsection (1) or (2)
may be an officer of the Court and, if he is such an officer, may continue
to perform his duties as an officer of the Court and may utilize the
services of other persons on the staff of the Court in carrying out his
duties and functions under this section.
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(4) An officer appointed or designated under subsection (1) or (2)
shall be known by such title as may be determined from time to time by
the Commissioner with the concurrence of the Chief Justice and the
Associate Chief Justice of the Federal Court or the Chief Judge and the
Associate Chief Judge of the Tax Court of Canada, as the case may be.
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(5) An officer appointed or designated under subsection (1) or (2)
shall, for the purposes of the Public Service Employment Act and other
Acts of Parliament and for purposes relating to the duties and functions
of the officer under this section, be deemed to be, as the case may be,
the deputy head of the portion of the public service of Canada appointed
under subsection 14(2) of the Federal Court Act or the deputy head of
the portion of the public service of Canada appointed under subsection
23(2) of the Tax Court of Canada Act.
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Clause 107: Sections 77 and 78 read as follows:
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77. Such officers, clerks and employees as are required by the
Commissioner to carry out the Commissioner's duties and functions
under section 74 shall, subject to section 76, be appointed under the
Public Service Employment Act.
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78. The Commissioner, the officers appointed or designated under
subsections 76(1) and (2) and the officers, clerks and employees
appointed under section 77 shall be a portion of the public service of
Canada, separate from the Department of Justice, of which the
Commissioner shall be the deputy head.
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Access to Information Act |
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Clause 109: Subsection 52(1) reads as follows:
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52. (1) Any application under section 41 or 42 relating to a record or
a part of a record that the head of a government institution has refused
to disclose by reason of paragraph 13(1)(a) or (b) or section 15 shall be
heard and determined by the Associate Chief Justice of the Federal
Court or by such other judge of the Court as the Associate Chief Justice
may designate to hear such applications.
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Clause 110: Subsection 55(2) reads as follows:
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(2) The Information Commissioner shall be paid a salary equal to the
salary of a judge of the Federal Court, other than the Chief Justice or the
Associate Chief Justice of that Court, and is entitled to be paid
reasonable travel and living expenses incurred in the performance of
duties under this or any other Act of Parliament.
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Anti-Personnel Mines Convention Implementation Act |
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Clause 111: Subsection 11(2) reads as follows:
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(2) If a person objects to providing or fails to provide any requested
document or information within the specified time, the Minister may
apply to a judge of a superior court or the Federal Court-Trial Division
for an order requiring the person to provide it.
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Army Benevolent Fund Act |
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Clause 112: Subsection 3(5) reads as follows:
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(5) All moneys and securities required by this section to be paid or
transferred to the Receiver General are hereby declared to be and to
have been the property of Her Majesty in right of Canada and may be
recovered by action on behalf of Her Majesty in the Federal Court of
Canada.
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Canada Elections Act |
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Clause 113: Subsection 5(1) reads as follows:
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5. (1) The Chief Electoral Officer shall be paid a salary equal to the
salary of a judge of the Federal Court, other than the Chief Justice or the
Associate Chief Justice of that Court, and is entitled to be paid
reasonable travel and living expenses while absent from his ordinary
place of residence in the course of his duties.
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Canada Evidence Act |
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Clause 114: Subsection 23(1) reads as follows:
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23. (1) Evidence of any proceeding or record whatever of, in or
before any court in Great Britain, the Supreme Court, Federal Court or
Tax Court of Canada, any court in any province, any court in any British
colony or possession or any court of record of the United States, of any
state of the United States or of any other foreign country, or before any
justice of the peace or coroner in any province, may be given in any
action or proceeding by an exemplification or certified copy of the
proceeding or record, purporting to be under the seal of the court or
under the hand or seal of the justice or coroner or court stenographer,
as the case may be, without any proof of the authenticity of the seal or
of the signature of the justice or coroner or court stenographer or other
proof whatever.
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Clause 115: The relevant portion of subsection 37(5)
reads as follows:
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(5) An appeal lies from a determination under subsection (2) or (3)
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Canada Labour Code |
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Clause 116: Section 152 reads as follows:
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152. The Minister may apply or cause an application to be made to
a judge of a superior court or the Federal Court-Trial Division for an
order enjoining any person from contravening a provision of this Part,
whether or not a prosecution has been instituted for an offence under
this Part, or enjoining any person from continuing any act or default for
which the person was convicted of an offence under this Part.
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Canada Pension Plan |
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Clause 117: (1) Subsection 83(5) reads as follows:
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(5) The Pension Appeals Board shall consist of the following
members to be appointed by the Governor in Council:
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(2) Subsection 83(5.1) reads as follows:
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(5.1) Subject to subsections (5.2) and (5.3), in addition to the
members of the Pension Appeals Board for whom provision is made by
subsection (5), any judge or former judge of the Federal Court or of a
superior or district court of a province may, on the request of the
Chairman of the Board made with the approval of the Governor in
Council, act as a temporary member of the Board.
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(3) The relevant portion of subsection 83(5.2) reads as
follows:
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(5.2) Except in relation to a former judge, no request may be made
under subsection (5.1)
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Canada Transportation Act |
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Clause 118: Subsection 33(1) reads as follows:
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33. (1) A decision or order of the Agency may be made an order of
the Federal Court or of any superior court and is enforceable in the same
manner as such an order.
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Canadian Ownership and Control Determination Act |
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Clause 119: Section 27 of reads as follows:
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27. Where a person is directly affected by a determination or
redetermination of Canadian ownership rate by the Minister under
subsection 7(2), 12(1) or 21(1), that person may apply for judicial
review under the Federal Court Act by filing a notice of the application
in the Federal Court-Trial Division within thirty days after the
determination or redetermination is made or within such further time as
the Trial Division or a judge thereof may, either before or after the
expiration of those thirty days, fix or allow.
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Civil International Space Station Agreement Implementation Act |
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Clause 120: Subsection 7(2) reads as follows:
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(2) If a person objects to providing or fails to provide the Minister or
a designated person, as the case may be, with any requested information
or a requested document within the specified period, the Minister may
apply to a judge of a superior court of a province or the Trial Division
of the Federal Court for an order requiring the person to provide it.
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Commercial Arbitration Act |
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Clause 121: Section 6 reads as follows:
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6. In the Code, ``court'' or ``competent court'' means the Federal
Court or any superior, county or district court, except where the context
otherwise requires.
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Competition Act |
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Clause 122: The relevant portion of subsection 11(1)
reads as follows:
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11. (1) Where, on the ex parte application of the Director or the
authorized representative of the Director, a judge of a superior or county
court or of the Federal Court is satisfied by information on oath or
solemn affirmation that an inquiry is being made under section 10 and
that any person has or is likely to have information that is relevant to the
inquiry, the judge may order that person to
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Clause 123: Subsection 14(3) reads as follows:
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(3) A judge of a superior or county court or of the Federal Court may,
on application by a presiding officer, order any person to comply with
any order made by the presiding officer under subsection (2).
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Clause 124: The relevant portion of subsection 15(1)
reads as follows:
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15. (1) Where, on the ex parte application of the Director or the
authorized representative of the Director, a judge of a superior or county
court or of the Federal Court is satisfied by information on oath or
solemn affirmation
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Clause 125: The relevant portion of subsection 17(1)
reads as follows:
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17. (1) Where a record or other thing is seized pursuant to paragraph
15(1)(d), subsection 15(7) or section 16, the Director or the authorized
representative of the Director shall, as soon as practicable,
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Competition Tribunal Act |
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Clause 126: Subsection 13(1) reads as follows:
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13. (1) Subject to subsection (2), an appeal lies to the Federal Court
of Appeal from any decision or order, whether final, interlocutory or
interim, of the Tribunal as if it were a judgment of the Federal
Court-Trial Division.
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Copyright Act |
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Clause 127: Subsection 66.7(2) reads as follows:
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(2) Any decision of the Board may, for the purposes of its
enforcement, be made an order of the Federal Court or of any superior
court and is enforceable in the same manner as an order thereof.
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Corrections and Conditional Release Act |
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Clause 128: Subsection 155.1(2) reads as follows:
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(2) Where the Minister considers it appropriate that an inquiry under
this section be held, a judge, supernumerary judge or former judge of
the Federal Court, in this section and section 155.2 referred to as a
``judge'', shall conduct the inquiry.
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Cree-Naskapi (of Quebec) Act |
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Clause 129: Subsection 55(2) reads as follows:
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(2) Notwithstanding the Federal Court Act, the Federal Court does
not have the jurisdiction to hear applications described in subsection
(1).
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Customs Act |
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Clause 130: Subsection 135(2) reads as follows:
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(2) The Federal Court Act and the Federal Court Rules applicable
to ordinary actions apply in respect of actions instituted under
subsection (1) except as varied by special rules made in respect of such
actions.
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Employment Insurance Act |
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Clause 131: (1) Subsection 112(2) reads as follows:
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(2) Subject to subsection (4), a judge or former judge of a superior
court or a judge or former judge appointed under an Act of Parliament
or the legislature of a province may, at the request of the chief umpire
made with the approval of the Governor in Council, act as an umpire
and, while so acting, the judge or former judge has all the powers of an
umpire.
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(2) Subsection 112(5) reads as follows:
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(5) A judge or former judge who acts as an umpire shall be paid
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Energy Supplies Emergency Act |
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Clause 132: Subsection 42(1) reads as follows:
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42. (1) When it appears to the Board that any person or organization
has engaged in, is engaged in or is about to engage in any acts or
practices in contravention of any provision of a regulation under this
Act or in contravention of any decision or order made by the Canadian
Transportation Agency or the National Energy Board pursuant to a
direction given under this Act, the Board may request the Attorney
General of Canada to bring an action in the Federal Court or any
superior court to enjoin those acts or practices.
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Excise Tax Act |
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Clause 133: (1) Subsections 81.28(1) and (2) read as
follows:
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81.28 (1) An appeal to the Federal Court-Trial Division under
section 81.2, 81.22 or 81.24 shall be instituted,
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(2) If the respondent in an appeal under section 81.24 from a decision
of the Tribunal desires to appeal that decision, he may do so, whether
or not the time fixed by that section has expired, by a counter-claim or
cross-demand instituted in accordance with the Federal Court Act and
the rules made pursuant thereto.
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(2) and (3) The relevant portion of subsection 81.28(3)
reads as follows:
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(3) An appeal to the Federal Court-Trial Division under this Part
shall be deemed to be an action in the Federal Court to which the
Federal Court Act and the rules made pursuant thereto applicable to an
ordinary action apply, except as varied by special rules made in respect
of such appeals and except that
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Clause 134: Subsection 81.37(1) reads as follows:
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81.37 (1) Where the Minister and a person agree in writing that a
question of law, fact or mixed law and fact relating to this Act should be
determined by the Federal Court-Trial Division, that question shall be
determined by the Court pursuant to subsection 17(3) of the Federal
Court Act.
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Clause 135: The relevant portion of subsection
81.38(1) reads as follows:
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81.38 (1) Where the Tribunal, the Federal Court or the Supreme
Court of Canada has, on the disposition of an appeal under this Part,
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Clause 136: Subsection 86(8) reads as follows:
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(8) Notwithstanding subsections (1) to (7), where a person has
served a notice of objection under section 81.15 or has appealed to the
Tribunal or the Federal Court-Trial Division under this Part, otherwise
than pursuant to section 81.33, in respect of an assessment and agrees
in writing with the Minister to delay proceedings on the objection or
appeal until a decision or judgment is rendered in another action before
the Tribunal, the Federal Court or the Supreme Court of Canada in
which the issue is the same or substantially the same as that raised in the
objection or appeal of that person, the Minister may take any of the
actions described in paragraphs (4)(a) to (d) for the purpose of
collecting any sum for which that person has been assessed determined
in a manner consistent with the decision or judgment of the Tribunal or
Court in the other action at any time after the Minister notifies that
person in writing that such decision or judgment has been rendered.
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Extradition Act |
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Clause 137: (1) Subsection 57(1) reads as follows:
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57. (1) Despite the Federal Court Act, the court of appeal of the
province in which the committal of the person was ordered has
exclusive original jurisdiction to hear and determine applications for
judicial review under this Act, made in respect of the decision of the
Minister under section 40.
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(2) Subsection 57(7) reads as follows:
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(7) The court of appeal may grant relief under this section on any of
the grounds on which the Trial Division of the Federal Court of Canada
may grant relief under subsection 18.1(4) of the Federal Court Act.
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Immigration Act |
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Clause 140: Subsection 63.1(2) reads as follows:
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(2) Where the Minister considers that it is appropriate that an inquiry
under this section be held, a judge, supernumerary judge or former
judge of the Federal Court, in this section and section 63.2 referred to
as the ``judge'', shall conduct the inquiry.
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Clause 141: Subsection 83(4) reads as follows:
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(4) For greater certainty, a refusal of the Federal Court-Trial
Division to certify that a serious question of general importance is
involved in any matter is not subject to appeal.
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Clause 142: Subsection 84(1) reads as follows:
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84. (1) Subject to the approval of the Governor in Council, the Chief
Justice of the Federal Court may make rules governing the practice and
procedure in relation to
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and those rules shall be binding notwithstanding any rule or practice
that would otherwise be applicable.
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Clause 143: Subsection 102.17(2) reads as follows:
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(2) The Federal Court Act and the Federal Court Rules applicable
to ordinary actions apply in respect of actions instituted under
subsection (1), except as varied by special rules made in respect of such
actions.
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Income Tax Act |
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Clause 144: The heading before section 169 reads as
follows:
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Division J - Appeals to the Tax Court of Canada and the Federal
Court
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Clause 145: Subsection 176(2) reads as follows:
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(2) As soon as is reasonably practicable after receiving notice of an
appeal to the Federal Court of Appeal in respect of which section 180
applies, the Minister shall cause to be transmitted to the Registry of the
Federal Court copies of all documents that are relevant to the decision
of the Minster appealed from.
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International Sale of Goods Contracts Convention Act |
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Clause 146: Section 7 reads as follows:
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7. The Federal Court or any superior, district or county court is a
court of competent jurisdiction for the purpose of the enforcement of
this Act and the Convention.
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Interpretation Act |
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Clause 147: (1) The definitions ``Federal Court'',
``Federal Court-Appeal Division'' or ``Federal Court
of Appeal'' and ``Federal Court-Trial Division'' in
subsection 35(1) read as follows:
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``Federal Court'' means the Federal Court of Canada;
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``Federal Court-Appeal Division'' or ``Federal Court of Appeal''
means that division of the Federal Court of Canada called the Federal
Court-Appeal Division or referred to as the Court of Appeal or
Federal Court of Appeal by the Federal Court Act;
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``Federal Court-Trial Division'' means that division of the Federal
Court of Canada so named by the Federal Court Act;
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(2) The relevant portion of the definition ``superior
court'' in subsection 35(1) reads as follows:
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``superior court'' means
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Investment Canada Act |
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Clause 148: Subsection 40(6) reads as follows:
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(6) In this section, ``superior court'' has the same meaning as in
subsection 35(1) of the Interpretation Act but does not include the
Supreme Court of Canada.
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National Defence Act |
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Clause 149: Subsections 234(2.1) to (2.4) are new.
Subsection 234(2) reads as follows:
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(2) The judges of the Court Martial Appeal Court are not less than
four judges of the Federal Court to be designated by the Governor in
Council and such additional judges of a superior court of criminal
jurisdiction as are appointed by the Governor in Council.
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Clause 150: Subsection 236(3) reads as follows:
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(3) The officers, clerks and employees appointed to the Federal
Court shall perform the duties of their respective offices in relation to
the Court Martial Appeal Court.
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Official Languages Act |
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Clause 151: Subsection 16(3) reads as follows:
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(3) No federal court, other than the Federal Court of Canada or the
Tax Court of Canada, is required to comply with subsection (1) until five
years after that subsection comes into force.
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Clause 152: Section 17 reads as follows:
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17. (1) The Governor in Council may make such rules governing the
procedure in proceedings before any federal court, other than the
Supreme Court of Canada, the Federal Court or the Tax Court of
Canada, including rules respecting the giving of notice, as the Governor
in Council deems necessary to enable that federal court to comply with
sections 15 and 16 in the exercise of any of its powers or duties.
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(2) Subject to the approval of the Governor in Council, the Supreme
Court of Canada, the Federal Court and the Tax Court of Canada may
make such rules governing the procedure in their own proceedings,
including rules respecting the giving of notice, as they deem necessary
to enable themselves to comply with sections 15 and 16 in the exercise
of any of their powers or duties.
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Plant Breeders' Rights Act |
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Clause 153: Subsection 49(1) reads as follows:
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49. (1) A certificate of a decision of the Federal Court or the Supreme
Court of Canada holding plant breeder's rights to be invalid shall, at the
instance of the person filing it to make it of record in the Plant Breeders'
Rights Office, be noted in relation to those rights in the register.
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Privacy Act |
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Clause 154: Subsection 51(1) reads as follows:
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51. (1) Any application under section 41 or 42 relating to personal
information that the head of a government institution has refused to
disclose by reason of paragraph 19(1)(a) or (b) or section 21, and any
application under section 43 in respect of a file contained in a personal
information bank designated as an exempt bank under section 18 to
contain files all of which consist predominantly of personal information
described in section 21, shall be heard and determined by the Associate
Chief Justice of the Federal Court or by such other judge of the Court
as the Associate Chief Justice may designate to hear the applications.
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Clause 155: Subsection 54(2) reads as follows:
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(2) The Privacy Commissioner shall be paid a salary equal to the
salary of a judge of the Federal Court, other than the Chief Justice or the
Associate Chief Justice of that Court, and is entitled to be paid
reasonable travel and living expenses incurred in the performance of
duties under this Act or any other Act of Parliament.
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Public Service Employment Act |
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Clause 158: Section 21.1 reads as follows:
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21.1 Notwithstanding the Federal Court Act, an application to the
Federal Court-Trial Division for relief under section 18 or 18.1 of that
Act against a decision of a board established under subsection 21(1) or
(1.1) shall be transferred to the Federal Court of Appeal if the parties to
that application so agree or if the Federal Court of Appeal, on
application by any of those parties, so orders on the basis that the sound
administration of that part of the Public Service over which the deputy
head concerned has jurisdiction would be unduly prejudiced by delay
if the matter were heard and determined by the Federal Court-Trial
Division and subject to an appeal to the Federal Court of Appeal.
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Public Service Staff Relations Act |
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Clause 159: The relevant portion of the definition
``managerial or confidential position'' in subsection 2(1)
reads as follows:
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``managerial or confidential position'' means a position
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Railway Safety Act |
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Clause 162: Subsection 34(1) reads as follows:
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34. (1) An order or emergency directive made by the Minister may
be made an order of the Federal Court or of any superior court, and shall
be enforced in the same manner as an order of the court.
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Special Import Measures Act |
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Clause 163: Subsection 12(1.1) reads as follows:
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(1.1) Where, pursuant to an application under the Federal Court Act
or section 96.1 of this Act or a review under Part I.1 or II of this Act, an
order or finding described in any of sections 3 to 6 is set aside or
rescinded or is set aside or rescinded in relation to particular goods and
another such order or finding is made with respect to all or any of the
goods to which the order or finding applies or all or any of those
particular goods, as the case may be, any duty paid under this Act
pursuant to the first-mentioned order or finding by or on behalf of an
importer shall, except to the extent of any duty payable by the importer
as a consequence of the other order or finding, be returned to the
importer forthwith after the other order or finding is made.
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Clause 164: The relevant portion of subsection 44(2)
reads as follows:
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(2) Where an inquiry is recommenced pursuant to subsection (1)
with respect to any goods,
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Clause 165: The relevant portion of subsection 59(1)
reads as follows:
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59. (1) Subject to subsection (3), the Deputy Minister may
re-determine any determination or re-determination referred to in
section 55, 56 or 57 made in respect of any imported goods
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Clause 166: The relevant portion of the definition
``definitive decision'' in subsection 77.01(1) reads as
follows:
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``definitive decision'' means
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Clause 167: The relevant portion of the definition
``definitive decision'' in subsection 77.1(1) reads as
follows:
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``definitive decision'' means
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Statutory Instruments Act |
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Clause 168: Subsection 3(4) reads as follows:
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(4) Paragraph (2)(d) does not apply to any proposed rule, order or
regulation governing the practice or procedure in any proceedings
before the Supreme Court of Canada, the Federal Court of Canada, the
Tax Court of Canada or the Court Martial Appeal Court of Canada.
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Supreme Court Act |
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Clause 169: Subsection 30(1) reads as follows:
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30. (1) Where at any time there is not a quorum of the judges
available to hold or continue any session of the Court, owing to a
vacancy or vacancies, or to the absence through illness or on leave or
in the discharge of other duties assigned by statute or order in council,
or to the disqualification of a judge or judges, the Chief Justice of
Canada, or in the absence of the Chief Justice, the senior puisne judge,
may in writing request the attendance at the sittings of the Court, as an
ad hoc judge, for such period as may be necessary,
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Clause 170: Section 64 reads as follows:
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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, in criminal cases or in proceedings
for or on a writ of habeas corpus.
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Trade-marks Act |
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Clause 171: Section 61 reads as follows:
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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 or by the Supreme Court of Canada relating to any
trade-mark on the register.
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United Nations Foreign Arbitral Awards Convention Act |
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Clause 172: Section 6 reads as follows:
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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
the Federal Court or any superior, district or county court.
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Veterans Review and Appeal Board Act |
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Clause 173: Subsection 42(2) reads as follows:
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(2) Where the Minister considers it appropriate that an inquiry be
held, a judge, supernumerary judge or former judge of the Federal
Court, in this section and section 43 referred to as a ``judge'', shall
conduct the inquiry.
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Yukon First Nations Self-Government Act |
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Clause 174: Subsection 15(2) reads as follows:
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(2) Nothing in this Act shall be construed so as to limit the
jurisdiction of the Federal Court of Canada.
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Yukon Surface Rights Board Act |
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Clause 175: Subsection 76(1) reads as follows:
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76. (1) Notwithstanding section 18 of the Federal Court Act, the
Federal Court-Trial Division 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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