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Bill C-40

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R.S., c. S-26

Supreme Court Act

169. Paragraphs 30(1)(a) and (b) of the Supreme Court Act are replaced by the following:

    (a) of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada ; or

    (b) if the judges of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada are absent from Ottawa or for any reason are unable to sit, of a judge of a provincial superior court to be designated in writing by the chief justice, or in the absence of the chief justice , by any acting chief justice or the senior puisne judge of that provincial court on that request being made to that acting chief justice or that senior puisne judge in writing.

170. Section 64 of the Act is replaced by the following:

Exceptions

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 of Appeal or the Federal Court , in criminal cases or in proceedings for or on a writ of habeas corpus.

R.S., c. T-13

Trade-marks Act

171. Section 61 of the Trade-marks Act is replaced by the following:

Judgments to be filed

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, the Federal Court of Appeal or the Supreme Court of Canada relating to any trade-mark on the register.

R.S., c. 16 (2nd Supp.)

United Nations Foreign Arbitral Awards Convention Act

172. Section 6 of the United Nations Foreign Arbitral Awards Convention Act is replaced by the following:

Application to court

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.

1995, c. 18

Veterans Review and Appeal Board Act

173. Subsection 42(2) of the Veterans Review and Appeal Board Act is replaced by the following:

Judge to conduct inquiry

(2) If the Minister considers it appropriate that an inquiry be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court , in this section and section 43 referred to as a ``judge'', shall conduct the inquiry.

1994, c. 35

Yukon First Nations Self-Government Act

174. Subsection 15(2) of the Yukon First Nations Self-Government Act is replaced by the following:

Federal Court of Appeal or Federal Court

(2) Nothing in this Act shall be construed so as to limit the jurisdiction of the Federal Court of Appeal or the Federal Court .

1994, c. 43

Yukon Surface Rights Board Act

175. Subsection 76(1) of the Yukon Surface Rights Board Act is replaced by the following:

Application for judicial review

76. (1) Notwithstanding section 18 of the Federal Courts Act, the Federal Court 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.

References

Replacement of ``Federal Court Act'' with ``Federal Courts Act''

176. (1) The following provisions are amended by replacing the expression ``Federal Court Act'' with the expression ``Federal Courts Act'':

    (a) section 45 of the Access to Information Act;

    (b) subsection 14.02(5) of the Bankruptcy and Insolvency Act;

    (c) subsection 12(2) of the Canada Agricultural Products Act;

    (d) subsections 39.34(1) and 39.35(3) of the Canada Deposit Insurance Corporation Act;

    (e) subsections 22(1), 23(3) and 58(3) of the Canada Labour Code;

    (f) the portion of subsection 84(1) of the Canada Pension Plan after paragraph (f) and paragraphs 86.1(b) and (c) of that Act;

    (g) subsection 63(1), section 65 and subsection 106(10) of the Canada Petroleum Resources Act;

    (h) paragraph 28(c) of the Canadian Security Intelligence Service Act;

    (i) section 16 of the Citizenship Act;

    (j) subsection 31(7) of the Crown Liability and Proceedings Act;

    (k) subsection 37(9) of the Cultural Property Export and Import Act;

    (l) subsection 52(3) of the Emergencies Act;

    (m) subsections 30(3) and 39(8) of the Employment Equity Act;

    (n) sections 105 and 118 and subsection 132(3) of the Employment Insurance Act;

    (o) subsection 32.4(3) of the Energy Supplies Emergency Act;

    (p) subsection 311(5) of the Excise Tax Act;

    (q) subsection 36(3) of the First Nations Land Management Act;

    (r) subsection 46.04(3.1), subparagraph 49(1)(c)(i), subsection 82.1(1), section 82.2 and subsection 84(2) of the Immigration Act;

    (s) the portion of subsection 164(4.1) of the Income Tax Act after paragraph (d) and subsection 174(4.1) of that Act;

    (t) subsection 31(2) of the Indian Act;

    (u) subsection 31(1) of the Labour Adjustment Benefits Act;

    (v) paragraph (c) of the definition ``public office holder'' in subsection 2(1) of the Lobbyists Registration Act;

    (w) section 32 of the Mackenzie Valley Resource Management Act;

    (x) subsection 14(2) of the Motor Vehicle Fuel Consumption Standards Act;

    (y) section 29.15 of the National Defence Act, as enacted by section 7 of An Act to amend the National Defence Act, chapter 35 of the Statutes of Canada, 1998;

    (z) section 19 of the Nisga'a Final Agreement Act;

    (z.1) subsections 24(2) and 27(2) of the Northern Pipeline Act;

    (z.2) section 80 of the Official Languages Act;

    (z.3) subsections 28(2) and (3) of the Old Age Security Act;

    (z.4) section 17 and subsection 54(2) of the Patent Act;

    (z.5) section 21 of the Payment Clearing and Settlement Act;

    (z.6) section 44 of the Privacy Act;

    (z.7) subsections 32(1), 42(4) and (6), 45.16(7) and 45.26(6) of the Royal Canadian Mounted Police Act;

    (z.8) subsections 9(1) and 12(1), section 44, subsections 76(1), 77.01(2) and 77.011(2), (5) and (7), section 77.012, subsection 77.02(3), section 77.027, subsections 77.031(1) and (2), 77.1(2) and 77.11(2), (4) and (6), section 77.12, subsections 77.2(3), 96.1(5) and 96.11(1) and section 96.2 of the Special Import Measures Act;

    (z.9) section 76 and subsections 77.012(1) and 77.12(1) of the Special Import Measures Act, as enacted by sections 36, 39 and 41 of An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act, chapter 12 of the Statutes of Canada, 1999; and

    (z.10) subsections 21(1) and 37(3) of the Status of the Artist Act.

Other reference to Federal Court Act

(2) The definition ``Rules'' in section 687 of the English version of the Canada Shipping Act is amended by replacing the expression ``Federal Court Act'' with the expression ``Federal Courts Act''.

General replacement

177. Unless the context requires otherwise, the expression ``Federal Court Act'' is replaced by the expression ``Federal Courts Act'' in

    (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

    (b) any other instrument made

      (i) in the execution of a power conferred under an Act of Parliament, or

      (ii) by order or under the authority of the Governor in Council.

Replacement of ``Federal Court-Trial Division'' with ``Federal Court''

178. (1) The following provisions are amended by replacing the expression ``Federal Court-Trial Division'' with the expression ``Federal Court``:

    (a) the definition ``Court'' in section 3 of the Access to Information Act;

    (b) paragraph 525(1)(b) of the Canada Elections Act, chapter 9 of the Statutes of Canada, 2000;

    (c) paragraph 37(3)(a) of the Canada Evidence Act;

    (d) paragraph (g) of the definition ``court'' in section 103 of the Canada Marine Act;

    (e) the definition ``Court'' in subsection 2(1) of the Citizenship Act;

    (f) paragraph (g) of the definition ``court'' in subsection 16(22) of the Coasting Trade Act;

    (g) subsection 34(3), sections 73 and 74.09 and subsection 74.18(1) of the Competition Act;

    (h) paragraph 3(2)(a) of the Competition Tribunal Act;

    (i) subsection 13(2) of the Comprehensive Nuclear Test-Ban Treaty Implementation Act;

    (j) subsections 3(3), 4(3), 5(3) and 23(2) of the Divorce Act;

    (k) sections 81.2 and 81.21, subsections 81.22(1) and (2), paragraph 81.23(1)(a), subsection 81.23(2), sections 81.24, 81.29 and 81.3 and subsections 81.31(1), (2) and (4), 81.32(3), 81.34(1) to (3), 81.36(1) and (6) and 86(6) of the Excise Tax Act;

    (l) subsection 8(1) of the Foreign Publishers Advertising Services Act;

    (m) paragraph 46.04(3.1)(b), subparagraph 49(1)(c)(ii), subsections 77(3.2) and (3.3) and 82.1(1), (3) to (5) and (10), section 82.2 and subsections 83(1) to (3), 102.17(1) and 107.1(1) of the Immigration Act;

    (n) subsection 180(2) of the Income Tax Act;

    (o) subsection 14(1) of the Motor Vehicle Fuel Consumption Standards Act;

    (p) section 101 of the National Energy Board Act;

    (q) subsection 27(1) of the Northern Pipeline Act;

    (r) section 76 of the Official Languages Act;

    (s) the definition ``Court'' in subsection 2(1) of the Personal Information Protection and Electronic Documents Act;

    (t) the definition ``Court'' in section 3 of the Privacy Act; and

    (u) section 38 of the Supreme Court Act.

References to Federal Court-Trial Division generally

(2) Unless the context requires otherwise, the expression ``Federal Court Act'' is replaced by the expression ``Federal Courts Act'' in

    (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

    (b) any other instrument made

      (i) in the execution of a power conferred under an Act of Parliament, or

      (ii) by order or under the authority of the Governor in Council.

Replacement of ``Federal Court'' and ``Federal Court of Canada'' with ``Federal Court of Appeal''

179. The Income Tax Act is amended by replacing the expressions ``Federal Court'' and ``Federal Court of Canada'' with the expression ``Federal Court of Appeal'' in the following provisions:

    (a) paragraph 152(1.7)(b);

    (b) the portion of subsection 152(1.8) before paragraph (a);

    (c) subsection 164(4.1);

    (d) section 179; and

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