Bill C-30
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R.S., c. 19
(2nd Supp.),
Part I
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Competition Tribunal Act |
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130. Subsection 13(1) of the Competition
Tribunal Act is replaced by the following:
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Appeal
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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.
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R.S., c. C-42
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Copyright Act |
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R.S., c. 10
(4th Supp.),
s. 12
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131. Subsection 66.7(2) of the French
version of the Copyright Act is replaced by
the following:
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Assimilation
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(2) Les décisions de la Commission
peuvent, en vue de leur exécution, être
assimilées à des actes de la Cour fédérale ou
de toute cour supérieure; le cas échéant, leur
exécution s'effectue selon les mêmes
modalités.
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1992, c. 20
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Corrections and Conditional Release Act |
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1995, c. 42,
s. 59
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132. Subsection 155.1(2) of the
Corrections and Conditional Release Act is
replaced by the following:
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Judge to
conduct
inquiry
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(2) If the Minister considers it appropriate
that an inquiry under this section 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 155.2 referred to as a
``judge'', shall conduct the inquiry.
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1984, c. 18
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Cree-Naskapi (of Quebec) Act |
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133. Subsection 55(2) of the English
version of the Cree-Naskapi (of Quebec) Act
is replaced by the following:
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Exclusion of
Federal
Court's
jurisdiction
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(2) Notwithstanding the Federal Courts
Act, the Federal Court does not have the
jurisdiction to hear applications described in
subsection (1).
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R.S., c. 1 (2nd
Supp.)
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Customs Act |
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134. Subsection 135(2) of the Customs Act
is replaced by the following:
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Ordinary
action
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(2) The Federal Courts Act and the rules
made under that Act 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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1996, c. 23
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Employment Insurance Act |
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1998, c. 19,
s. 270
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135. (1) Subsection 112(2) of the
Employment Insurance Act is replaced by
the following:
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Judges acting
as umpires
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(2) Subject to subsection (4), a judge or
former judge of a superior, county or district
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) of the Act is
replaced by the following:
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Salary and
travel
allowance
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(5) A judge or former judge who acts as an
umpire shall be paid
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R.S., c. E-9
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Energy Supplies Emergency Act |
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1996, c. 10,
s. 222(1)
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136. Subsection 42(1) of the Energy
Supplies Emergency Act is replaced by the
following:
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Injunctions
and orders
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42. (1) When it appears to the Board that a
person or an organization has engaged in, is
engaged in or is about to engage in any acts or
practices in contravention of a provision of a
regulation made under this Act or in
contravention of a decision or an order made
by the Canadian Transportation Agency or the
National Energy Board under a direction
given under this Act, the Board may request
the Attorney General of Canada to bring an
action in a superior court to enjoin those acts
or practices.
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R.S., c. E-15
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Excise Tax Act |
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R.S., c. 7 (2nd
Supp.),
s. 38(1), c. 47
(4th Supp.),
s. 52 (Sch.,
item 5(3))
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137. (1) Subsections 81.28(1) and (2) of
the Excise Tax Act are replaced by the
following:
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Institution of
appeal to
Court
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81.28 (1) An appeal to the Federal Court
under section 81.2, 81.22 or 81.24 shall be
instituted
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Counter-claim
or
cross-demand
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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, the respondent
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 Courts Act and the rules made
under that Act .
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R.S., c. 7 (2nd
Supp.),
s. 38(1)
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(2) The portion of subsection 81.28(3) of
the Act before paragraph (a) is replaced by
the following:
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Procedure
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(3) An appeal to the Federal Court under
this Part is deemed to be an action in the
Federal Court to which the Federal Courts Act
and the rules made under that Act 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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R.S., c. 7 (2nd
Supp.),
s. 38(1)
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(3) Paragraph 81.28(3)(b) of the Act is
replaced by the following:
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R.S., c. 7 (2nd
Supp.),
s. 38(1)
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138. Subsection 81.37(1) of the Act is
replaced by the following:
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Reference to
Federal Court
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81.37 (1) If 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, the question
shall be determined by that Court under
subsection 17(3) of the Federal Courts Act.
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R.S., c. 7 (2nd
Supp.),
s. 38(1), c. 47
(4th Supp.),
s. 52 (Sch.,
item 5(3))
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139. The portion of subsection 81.38(1) of
the Act before paragraph (a) is replaced by
the following:
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Payment by
Minister on
appeal
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81.38 (1) If the Tribunal, the Federal Court,
the Federal Court of Appeal or the Supreme
Court of Canada has, on the disposition of an
appeal under this Part,
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R.S., c. 7 (2nd
Supp.),
s. 41(1), c. 47
(4th Supp.),
s. 52 (Sch.,
item 5(3))
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140. Subsection 86(8) of the Act is
replaced by the following:
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Delay when
agreement
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(8) Despite subsections (1) to (7), if a
person has served a notice of objection under
section 81.15 or has appealed to the Tribunal
or the Federal Court under this Part, otherwise
than under 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, the Federal Court
of Appeal 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 the person in writing that the
decision or judgment has been rendered.
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1999, c. 18
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Extradition Act |
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141. (1) Subsection 57(1) of the
Extradition Act is replaced by the following:
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Review of
order
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57. (1) Despite the Federal Courts 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) of the Act is replaced
by the following:
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Grounds of
review
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(7) The court of appeal may grant relief
under this section on any of the grounds on
which the Federal Court may grant relief
under subsection 18.1(4) of the Federal
Courts Act.
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R.S., c. F-11
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Financial Administration Act |
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1992, c. 1,
s. 72
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142. Schedule I.1 to the Financial
Administration Act is amended by striking
out, in column I, the references to
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Registry of the Federal Court of Canada
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Registry of the Tax Court of Canada
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and the corresponding references in column
II to the ``Minister of Justice''.
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143. Schedule I.1 to the Act is amended by
adding, in alphabetical order in column I, a
reference to
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Courts Administration Service
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and a corresponding reference in column II
to the ``Minister of Justice''.
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R.S., c. I-2
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Immigration Act |
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1992, c. 49,
s. 53
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144. Subsection 63.1(2) of the
Immigration Act is replaced by the
following:
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Appointment
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(2) If 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 of Canada,
the Federal Court of Appeal or the Federal
Court , in this section and section 63.2 referred
to as the ``judge'', shall conduct the inquiry.
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1992, c. 49,
s. 73
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145. Subsection 83(4) of the Act is
replaced by the following:
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Refusal not
subject to
appeal
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(4) For greater certainty, a refusal of the
Federal Court to certify that a serious question
of general importance is involved in any
matter is not subject to appeal.
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1992, c. 49,
s. 73
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146. Subsection 84(1) of the Act is
replaced by the following:
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Rules
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84. (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
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and those rules shall be binding despite any
rule or practice that would otherwise be
applicable.
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R.S., c. 29
(4th Supp.),
s. 11
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147. Subsection 102.17(2) of the Act is
replaced by the following:
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Ordinary
action
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(2) The Federal Courts Act and the rules
made under that Act 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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R.S., c. 1 (5th
Supp.)
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Income Tax Act |
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148. The heading before section 169 of the
Income Tax Act is replaced by the following:
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Division J - Appeals to the Tax Court of
Canada and the Federal Court of Appeal
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149. Subsection 176(2) of the Act is
replaced by the following:
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Documents to
be transferred
to Federal
Court of
Appeal
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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 that Court
copies of all documents that are relevant to the
decision of the Minister appealed from.
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