Bill C-30
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
|
|
|
|
TRANSITIONAL PROVISIONS |
|
| Chief Justice
of Federal
Court of
Canada
|
185. (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 -
Appeal
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.
|
|
| Prothonotaries
|
(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.
|
|
| Interpretation
|
(11) For the purposes of subsections 31(1)
and (2) of the Judges Act, as enacted by
subsection 90(1) of this Act, any period
during which a person holds the office of
Chief Justice or Associate Chief Justice of
the Federal Court of Canada is deemed to
be a period during which he or she holds the
office of Chief Justice of the Federal Court
of Appeal or the Federal Court.
|
|
| For greater
certainty
|
(12) 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
|
(13) 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
|
(14) 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
|
186. 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
|
187. (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
|
188. 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
|
189. 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.
|
|
| Appropriation
s
|
190. 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
|
191. 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.
|
|
| Special
Import
Measures Act
|
192. Paragraph 59(1)(d) and subsections
77.01(1) and 77.1(1) of the Special Import
Measures Act, as enacted and amended by
sections 171 to 173 of this Act, apply to
goods from a NAFTA country, as defined in
subsection 2(1) of that Act.
|
|
|
|
COORDINATING AMENDMENTS |
|
| Bill S-23
|
193. If Bill S-23, introduced in the 1st
session of the 37th Parliament and entitled
An Act to amend the Customs Act and to
make related amendments to other Acts
(referred to in this section as the ``other
Act''), receives royal assent and section 1 of
this Act comes into force, then the portion
of subsection 97.34(4) of the Customs Act
before paragraph (a), as enacted by
subsection 58(1) of the other Act, is replaced
by the following:
|
|
| Effect of
appeal
|
(4) If a person has made a request under
section 60 or 129 or has appealed under
section 67 or 68 and the person agrees in
writing with the Minister to delay proceedings
on the request or appeal, as the case may be,
until judgment has been given in another
action before the Canadian International
Trade Tribunal, the Federal Court, the Federal
Court of Appeal or the Supreme Court of
Canada, in which action the issue is the same
or substantially the same as that raised in the
request or appeal of the person, the Minister
may take any of the actions described in
subsection (1) for the purpose of collecting the
amount payable, or a part of the amount
payable, determined in a manner consistent
with the decision or judgment in the other
action at any time after the Minister notifies
the person in writing that
|
|
| Bill C-11
|
194. If Bill C-11, introduced in the 1st
session of the 37th Parliament and entitled
the Immigration and Refugee Protection Act
(referred to in this section as the ``other
Act''), is assented to and section 1 of this Act
comes into force, then
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Rules
|
75. (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 appeals. The rules are binding
despite any rule or practice that would
otherwise apply.
|
|
|
|
|
|
| ``judge'' « juge »
|
``judge'' means the Chief Justice of the
Federal Court or a judge of that Court
designated by the Chief Justice.
|
|
|
|
|
|
| Refugee
Protection
Division
|
198. The Refugee Protection Division has
jurisdiction to consider decisions of the
Convention Refugee Determination
Division that are set aside by the Federal
Court, the Federal Court of Appeal or the
Supreme Court of Canada, and shall
dispose of those matters in accordance with
the provisions of this Act.
|
|
| Bill C-14
|
195. If Bill C-14, introduced in the 1st
session of the 37th Parliament and entitled
the Canada Shipping Act, 2001 (referred to
in this section as the ``other Act''), receives
royal assent and section 1 of this Act comes
into force, then the expression ``Federal
Court Act'' in subsection 251(3) of the other
Act is replaced by the expression ``Federal
Courts Act''.
|
|
| Bill C-16
|
196. If Bill C-16, introduced in the 1st
session of the 37th Parliament and entitled
the Charities Registration (Security
Information) Act (referred to in this section
as the ``other Act''), receives royal assent, if
Bill C-11, introduced in the same session
and entitled the Immigration and Refugee
Protection Act, has not received royal
assent, and if section 1 of this Act comes into
force, then
|
|
|
|
|
|
| ``judge'' « juge »
|
``judge'' means the Chief Justice of the
Federal Court or a judge of that Court
designated by the Chief Justice.
|
|
|
|
|
|
| ``judge'' « juge »
|
``judge'' means the Chief Justice of the
Federal Court or a judge of that Court
designated by the Chief Justice.
|
|
| Bill C-16
|
197. If Bill C-11, introduced in the 1st
session of the 37th Parliament and entitled
the Immigration and Refugee Protection Act
(referred to in this section as the ``first
Act''), and Bill C-16, introduced in the same
session and entitled the Charities
Registration (Securities Information) Act
(referred to in this section as the ``second
Act''), receive royal assent, then
|
|
|
|
|
|
| ``judge'' « juge »
|
``judge'' means the Chief Justice of the
Federal Court or a judge of that Court
designated by the Chief Justice.
|
|
|
|
|
|
| ``judge'' « juge »
|
``judge'' means the Chief Justice of the
Federal Court or a judge of that Court
designated by the Chief Justice.
|
|
| Bill C-23
|
198. If Bill C-23, introduced in the 1st
session of the 37th Parliament and entitled
An Act to amend the Competition Act and the
Competition Tribunal Act (referred to in this
section as the ``other Act''), receives royal
assent and section 1 of this Act comes into
force, then
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
COMING INTO FORCE |
|
| Coming into
force
|
199. The provisions of this Act, other than
sections 193 to 198, 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.
|
|