Bill C-40
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17. Subsection 7(1) of the Act is replaced
by the following:
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| Residence of
judges
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7. (1) The judges of the Federal Court of
Appeal and the Federal Court shall reside in
the National Capital Region described in the
schedule to the National Capital Act or within
40 kilometres of that Region .
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| R.S., c. 16
(3rd Supp.),
s. 7(1)
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18. Subsections 8(1) and (2) of the Act are
replaced by the following:
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| Tenure of
office
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8. (1) Subject to subsection (2), the judges
of the Federal Court of Appeal and the Federal
Court 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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| Cessation of
office
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(2) A judge of the Federal Court of Appeal
or the Federal Court ceases to hold office on
becoming 75 years old .
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19. Sections 9 to 11 of the Act are replaced
by the following:
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| Oath of office
for judges
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9. (1) Before judges of the Federal Court of
Appeal or the Federal Court begin to perform
their duties as judges, they shall take an oath
that they will duly and faithfully execute their
powers and trusts as judges to the best of their
skill and knowledge.
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| How adminis- tered - Federal Court of Appeal
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(2) The oath shall be administered to the
Chief Justice of the Federal Court of Appeal
before the Governor General, and to the other
judges of that court by the Chief Justice of that
court or, in the absence or incapacity of the
Chief Justice, by any other judge of that court .
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| How adminis- tered - Federal Court
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(3) The oath shall be administered to the
Chief Justice of the Federal Court before the
Governor General, and to the other judges of
that court by the Chief Justice of that court or,
in the absence or incapacity of the Chief
Justice, by any other judge of that court.
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| Deputy judges
of the Federal
Court of
Appeal
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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 of the Federal Court of Appeal made
with the approval of the Governor in Council,
act as a judge of the Federal Court of Appeal ,
and while so acting has all the powers of a
judge of that court and shall be referred to as
a deputy judge of that court.
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| Deputy judges
of the Federal
Court
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(1.1) 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 of the Federal Court 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 that court and
shall be referred to as a deputy judge of that
court.
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| Consent
required
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(2) No request may be made under
subsection (1) or (1.1) 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 or she is a member, or
of the attorney general of the province.
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| Approval of
Governor in
Council
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(3) The Governor in Council may approve
the making of requests under subsection (1) or
(1.1) 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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| Salary of
deputy judge
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(4) A person who acts as a judge of a court
under subsection (1) or (1.1) shall be paid a
salary for the period that the judge acts, at the
rate fixed by the Judges Act for a judge of the
court other than the Chief Justice of the court ,
less any amount otherwise payable to him or
her 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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| Meetings
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10.1 The judges of the Federal Court of
Appeal shall meet at least once in each year,
on a day fixed by the Chief Justice of the court,
in order to consider this Act, the Rules and the
administration of justice, as shall the judges of
the Federal Court on a day fixed by the Chief
Justice of that court.
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BARRISTERS, ADVOCATES, ATTORNEYS AND SOLICITORS |
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| Barrister or
advocate
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11. (1) Every person who is a barrister or an
advocate in a province may practise as a
barrister or an advocate in the Federal Court
of Appeal or the Federal Court .
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| Attorney or
solicitor
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(2) Every person who is an attorney or a
solicitor in a superior court of a province may
practise as an attorney or a solicitor in the
Federal Court of Appeal or the Federal Court .
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| Officers of
court
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(3) Every person who may practise as a
barrister, an advocate, an attorney or a
solicitor in the Federal Court of Appeal or the
Federal Court is an officer of those courts .
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20. (1) Subsection 12(1) of the Act is
replaced by the following:
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| Prothono- taries
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12. (1) The Governor in Council may
appoint as prothonotaries of the Federal Court
any fit and proper persons who are barristers
or advocates in a province and who are, in the
opinion of the Governor in Council , necessary
for the efficient performance of the work of
that court that, under the Rules, is to be
performed by them.
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(2) Section 12 of the Act is amended by
adding the following after subsection (5):
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| Immunity
from liability
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(6) A prothonotary shall have the same
immunity from liability as a judge of the
Federal Court.
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| Term of office
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(7) A prothonotary shall hold office during
good behaviour but may be removed by the
Governor in Council for cause.
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| Cessation of
office
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(8) A prothonotary, whether appointed
before or after the coming into force of this
subsection, shall cease to hold office on
becoming 75 years old.
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21. (1) Subsections 13(1) and (2) of the Act
are replaced by the following:
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| Sheriff
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13. (1) The Governor in Council may
appoint a sheriff of the Federal Court of
Appeal and of the Federal Court for any
geographical area.
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| Ex officio
sheriffs
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(2) If no sheriff is appointed under
subsection (1) for a court for a geographical
area, the sheriff and deputy sheriffs of the
county or other judicial division or part of the
county within that geographical area who are
appointed under provincial law are ex officio
sheriff and deputy sheriffs, respectively, of the
Federal Court of Appeal and of the Federal
Court .
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(2) Subsection 13(4) of the Act is replaced
by the following:
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| Sheriffs are
marshals
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(4) Every sheriff of the Federal Court of
Appeal and of the Federal Court is ex officio
a marshal of that court and every deputy
sheriff of the Federal Court of Appeal and of
the Federal Court is ex officio a deputy
marshal of that court.
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22. Section 14 of the Act and the heading
before it are replaced by the following:
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JUDICIAL ADMINISTRATORS |
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| Designation
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14. (1) The Chief Justice of the Federal
Court of Appeal may designate an employee
of the Service as the Judicial Administrator of
the Federal Court of Appeal, and the Chief
Justice of the Federal Court may designate an
employee of the Service as the Judicial
Administrator of the Federal Court.
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| Duties -
Federal Court
of Appeal
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(2) The Judicial Administrator of the
Federal Court of Appeal shall perform any
non-judicial work that may be delegated to
him or her by the Chief Justice of that court,
in accordance with the instructions given by
the Chief Justice, including
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| Duties -
Federal Court
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(3) The Judicial Administrator of the
Federal Court shall perform any non-judicial
work that may be delegated to him or her by
the Chief Justice of that court, in accordance
with the instructions given by the Chief
Justice, including
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| Revocation of
designation
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(4) A designation made under subsection
(1) may be revoked at any time and is
automatically revoked when the Chief Justice
by whom it was made ceases to hold office as
Chief Justice.
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| 1990, c. 8, s. 2
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23. Sections 15 and 16 of the Act are
replaced by the following:
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| Sittings of the
Federal Court
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15. (1) Subject to the Rules, any judge of the
Federal Court 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 of it and,
when a judge so sits or acts, the judge
constitutes the court.
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| Arrangements
to be made by
Chief Justice
of the Federal
Court
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(2) Subject to the Rules, the Chief Justice of
the Federal Court shall make all arrangements
that may be necessary or proper for the
holding of courts, or otherwise for the
transaction of business of the Federal Court ,
and the arrangements from time to time of
judges to hold the courts or to transact that
business.
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| Hearings in
different
places
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(3) The trial or hearing of any matter in the
Federal Court may, by order of that court, take
place partly at one place and partly at another.
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| Sittings of the
Federal Court
of Appeal
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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 Federal Court of Appeal, and
every application for judicial review or
reference to that court, shall be heard in that
court before not fewer than three judges
sitting together and always before an uneven
number of judges. Otherwise, the business of
the Federal Court of Appeal shall be dealt
with by such judge or judges as the Chief
Justice of that court may arrange.
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| Arrangements
to be made by
Chief Justice
of the Federal
Court of
Appeal
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(2) The Chief Justice of the Federal Court of
Appeal shall designate the judges to sit from
time to time and the appeals or matters to be
heard by them.
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| Place of
sittings
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(3) The place of each sitting of the Federal
Court of Appeal shall be arranged by the Chief
Justice of that court to suit, as nearly as may
be, the convenience of the parties.
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| No judge to
hear appeal
from own
judgment
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(4) A judge shall not sit on the hearing of an
appeal from a judgment he or she has
pronounced.
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| Chief Justice
of Federal
Court of
Appeal to
preside
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(5) The Chief Justice of the Federal Court of
Appeal , when present at any sittings of that
court, shall preside and, in the absence of the
Chief Justice, the senior judge of that court
who is present shall preside.
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24. The heading before section 17 of the
Act is replaced by the following:
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JURISDICTION OF FEDERAL COURT |
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| 1990, c. 8,
s. 3(1)
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25. (1) Subsection 17(1) of the Act is
replaced by the following:
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| Relief against
the Crown
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17. (1) Except as otherwise provided in this
Act or any other Act of Parliament, the Federal
Court has concurrent original jurisdiction in
all cases in which relief is claimed against the
Crown.
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| 1990, c. 8,
s. 3(1)
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(2) The portion of subsection 17(2) of the
Act before paragraph (a) is replaced by the
following:
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| Cases
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(2) Without restricting the generality of
subsection (1), the Federal Court has
concurrent original jurisdiction, except as
otherwise provided, in all cases in which
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| 1990, c. 8,
s. 3(2)
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(3) Subsections 17(3) and (4) of the Act
are replaced by the following:
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| Crown and
subject:
consent to
jurisdiction
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(3) The Federal Court has exclusive
original jurisdiction to hear and determine the
following matters:
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| Conflicting
claims against
Crown
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(4) The Federal Court has concurrent
original jurisdiction to hear and determine
proceedings to determine disputes in which
the Crown is or may be under an obligation
and in respect of which there are or may be
conflicting claims.
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(4) The portion of subsection 17(5) of the
Act before paragraph (a) is replaced by the
following:
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| Relief in
favour of
Crown or
against officer
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(5) The Federal Court has concurrent
original jurisdiction
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| 1990, c. 8,
s. 3(4)
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(5) Subsection 17(6) of the Act is replaced
by the following:
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| Federal Court
has no
jurisdiction
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(6) If 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 Federal Court has no
jurisdiction to entertain any proceeding in
respect of the same matter unless the Act
expressly confers that jurisdiction on that
court.
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| 1990, c. 8, s. 4
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26. (1) The portion of subsection 18(1) of
the Act before paragraph (a) is replaced by
the following:
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| Extraordinary
remedies,
federal
tribunals
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18. (1) Subject to section 28, the Federal
Court has exclusive original jurisdiction
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| 1990, c. 8, s. 4
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(2) Subsection 18(2) of the Act is replaced
by the following:
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| Extraordinary
remedies,
members of
Canadian
Forces
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(2) The Federal Court 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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| 1990, c. 8, s. 5
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27. (1) Subsection 18.1(2) of the Act is
replaced by the following:
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| Time
limitation
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(2) An application for judicial review in
respect of a decision or an order of a federal
board, commission or other tribunal shall be
made within 30 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 by it , or within any further time that
a judge of the Federal Court may fix or allow
before or after the end of those 30 days.
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| 1990, c. 8, s. 5
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(2) The portion of subsection 18.1(3) of
the Act before paragraph (a) is replaced by
the following:
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| Powers of
Federal Court
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(3) On an application for judicial review,
the Federal Court may
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| 1990, c. 8, s. 5
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(3) The portion of subsection 18.1(4) of
the Act before paragraph (a) is replaced by
the following:
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| Grounds of
review
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(4) The Federal Court may grant relief
under subsection (3) if it is satisfied that the
federal board, commission or other tribunal
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| 1990, c. 8, s. 5
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(4) Subsection 18.1(5) of the Act is
replaced by the following:
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| Defect in
form or
technical
irregularity
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(5) If the sole ground for relief established
on an application for judicial review is a defect
in form or a technical irregularity, the Federal
Court may
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| 1990, c. 8, s. 5
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28. Sections 18.2 to 19 of the Act are
replaced by the following:
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| Interim orders
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18.2 On an application for judicial review,
the Federal Court may make any interim
orders that it considers appropriate pending
the final disposition of the application.
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| Reference by
federal
tribunal
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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 Federal Court for hearing and
determination.
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| Reference by
Attorney
General of
Canada
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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 made under an
Act of Parliament to the Federal Court for
hearing and determination.
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