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Bill C-40

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TRANSITIONAL PROVISIONS

Chief Justice of Federal Court of Canada

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

Associate Chief Justice of Federal Court of Canada

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

Other judges in the Federal Court-Appe al Division

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

Other judges in the Federal Court-Trial Division

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

Prothono-
taries

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

Sheriffs

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

Commissioner for taking oaths

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

Chief Justice of the Tax Court of Canada

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

Associate Chief Justice of the Tax Court of Canada

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

Deputy judges of Tax Court of Canada

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

For greater certainty

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

Letters patent

(12) Letters patent under the Great Seal may be issued under the authority of the Governor in Council to each of the persons referred to in subsections (1) to (4) and (8) to (10) evidencing the person's office by virtue of this section.

Transfer of court employees

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

Jurisdiction

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

Judicial review rules to apply to certain appeals

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

Other provisions to remain in force

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

Court proceedings to continue

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

Court premises and supplies

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

Appropria-
tions

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

Rules made previously

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

CONDITIONAL AMENDMENTS

2000, c. 9

187. If the Canada Elections Act, chapter 9 of the Statutes of Canada, 2000, comes into force before the coming into force of section 113 of this Act, then that section and the heading before it are repealed.

Bill C-16

188. If Bill C-16, introduced in the 2nd session of the 36th Parliament and entitled the Citizenship of Canada Act (referred to in this section as the ``other Act''), receives royal assent and section 1 of this Act comes into force, then

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

      (i) paragraph 17(1)(a),

      (ii) subsections 17(2) and (3), and

      (iii) paragraph 43(g); and

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

      (i) subsection 18(4),

      (ii) subsection 29(2), and

      (iii) section 62 and the heading before it.

Bill C-22

189. If Bill C-22, introduced in the 2nd session of the 36th Parliament and entitled the Proceeds of Crime (Money Laundering) Act (referred to in this section as the ``other Act''), receives royal assent and section 1 of this Act comes into force, then subsection 30(2) of the other Act is replaced by the following:

Ordinary action

(2) The Federal Courts Act and the rules made under that Act that apply to ordinary actions apply to actions instituted under subsection (1) except as varied by special rules made in respect of such actions.

Bill C-23

190. (1) If Bill C-23, introduced in the 2nd session of the 36th Parliament and entitled the Modernization of Benefits and Obligations Act (referred to in this section as the ``other Act''), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

(2) On the later of the coming into force of subsection 84(2) of this Act and section 168 of the other Act, subsection 27(6) of the English version of the Judges Act is replaced by the following:

Represen-
tational allowance

(6) A chief justice, 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 Chief Justice of the Court of Appeal of Nunavut, the senior judge of the Supreme Court of the Yukon Territory, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or their spouse or common-law partner 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).

(3) On the later of the coming into force of subsection 91(2) of this Act and subsection 160(2) of the other Act, paragraph 40(1)(f) of the Judges Act is replaced by the following:

    (f) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge's death and, within two years after the death, moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court.

(4) On the later of the coming into force of subsection 95(1) of this Act and section 169 of the other Act, the portion of subsection 44(1) of the Judges Act before paragraph (a) is replaced by the following:

Annuity to survivor

44. (1) Subject to this section, if, after July 10, 1955, a judge of a superior court died or dies while holding office, the Governor in Council shall grant to the judge's survivor an annuity equal to one third of

Bill C-31

191. If Bill C-31, introduced in the 2nd session of the 36th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the ``other Act''), receives royal assent and section 1 of this Act comes into force, then

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

      (i) paragraph 66(3)(a), and

      (ii) subsection 71(1);

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

      (i) subsection 69(2), and

      (ii) subsection 73(3); and

    (c) subsection 69(1) of the other Act is replaced by the following:

Rules

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

COMING INTO FORCE

Coming into force

192. (1) Subject to subsection (2), the provisions of this Act, other than sections 187 to 191, and the provisions of any Act enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

Exception

(2) Subsection 82(1) is deemed to have come into force on February 1, 1993.

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