Bill C-30

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1991, c. 13	International Sale of Goods Contracts Convention Act
	*150. Section 7 of the International Sale of Goods Contracts Convention Act* is replaced by the following:**
Jurisdiction	7. The Federal Court and the superior courts of the provinces are courts of competent jurisdiction for the purpose of the enforcement of this Act and the Convention.
R.S., c. I-21	Interpretation Act
	151. (1) The definitions ``Federal Court'', ``Federal Court - Appeal Division'' or ``Federal Court of Appeal'' and ``Federal Court - Trial Division'' in subsection 35(1) of the Interpretation Act are repealed.
	(2) The portion of the definition ``superior court'' in subsection 35(1) of the Act after paragraph (e) is replaced by the following:
	and includes the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada;
R.S., c. 28 (1st Supp.)	Investment Canada Act
	*152. Subsection 40(6) of the Investment Canada Act* is replaced by the following:**
Definition of ``superior court''	(6) In this section, ``superior court'' has the same meaning as in subsection 35(1) of the Interpretation Act but does not include the Supreme Court of Canada, the Federal Court of Appeal or the Tax Court of Canada.
R.S., c. N-5	National Defence Act
	*153. Subsection 234(2) of the National Defence Act* is replaced by the following:**
Judges	(2) The judges of the Court Martial Appeal Court are
	(a) not fewer than four judges of the Federal Court of Appeal or the Federal Court to be designated by the Governor in Council; and
	(b) any additional judges of a superior court of criminal jurisdiction who are appointed by the Governor in Council.
Deputy judges of the Court	(2.1) Subject to subsection (2.2), any former judge of the Court Martial Appeal Court may, at the request of the Chief Justice of that Court made with the approval of the Governor in Council, act as a judge of the Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court.
Approval of Governor in Council	(2.2) The Governor in Council may approve the making of requests under subsection (2.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under that subsection.
Salary	(2.3) A person who acts as a judge under subsection (2.1) shall be paid a salary for the period he or she acts at the rate fixed by the Judges Act for a judge of the Federal Court of Appeal or the Federal Court, other than a Chief Justice, 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.
Giving of judgment after judge ceases to hold office	(2.4) If a judge of the Court Martial Appeal Court resigns his or her office or is appointed to another court or otherwise ceases to hold office, he or she may, at the request of the Chief Justice of the Court Martial Appeal Court, at any time within eight weeks after that event give judgment in any cause, action or matter previously tried by or heard before him or her as if he or she had continued in office.
	154. Subsection 236(3) of the Act is replaced by the following:
Staff	(3) The officers, clerks and employees appointed to the Courts Administration Service shall perform the duties of their respective offices in relation to the Court Martial Appeal Court.
R.S., c. 31 (4th Supp.)	Official Languages Act
	*155. Subsection 16(3) of the Official Languages Act* is replaced by the following:**
Limitation	(3) No federal court, other than the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, is required to comply with subsection (1) until five years after that subsection comes into force.
	156. Section 17 of the Act is replaced by the following:
Authority to make implementing rules	17. (1) The Governor in Council may make any rules governing the procedure in proceedings before any federal court, other than the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, including rules respecting the giving of notice, that the Governor in Council deems necessary to enable that federal court to comply with sections 15 and 16 in the exercise of any of its powers or duties.
Supreme Court, Federal Court of Appeal, Federal Court and Tax Court of Canada	(2) Subject to the approval of the Governor in Council, the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada may make any rules governing the procedure in their own proceedings, including rules respecting the giving of notice, that they deem necessary to enable themselves to comply with sections 15 and 16 in the exercise of any of their powers or duties.
	157. Subsection 50(2) of the Act is replaced by the following:
Salary and expenses	(2) The Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.
1990, c. 20	Plant Breeders' Rights Act
	*158. Subsection 49(1) of the Plant Breeders' Rights Act* is replaced by the following:**
Recording judicial invalidation	49. (1) A certificate of a decision of the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada holding plant breeder's rights to be invalid shall, at the instance of the person filing it to make it of record in the Plant Breeders' Rights Office, be noted in relation to those rights in the register.
R.S., c. P-21	Privacy Act
	*159. Subsection 51(1) of the Privacy Act* is replaced by the following:**
Actions relating to international affairs and defence	51. (1) Any application under section 41 or 42 relating to personal information that the head of a government institution has refused to disclose by reason of paragraph 19(1)(a) or (b) or section 21, and any application under section 43 in respect of a file contained in a personal information bank designated as an exempt bank under section 18 to contain files all of which consist predominantly of personal information described in section 21, shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of the Court that the Chief Justice may designate to hear the applications.
	160. Subsection 54(2) of the Act is replaced by the following:
Salary and expenses	(2) The Privacy Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Act or any other Act of Parliament.
2000, c. 17	Proceeds of Crime (Money Laundering) Act
	*161. Subsection 30(2) of the Proceeds of Crime (Money Laundering) 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.
1991, c. 30	Public Sector Compensation Act
	*162. Schedule I to the Public Sector Compensation Act* is amended by striking out the following under the heading ``Other Portions of the Public Service'':**
	Federal Court of Canada, Staff of
	Cour fédérale du Canada, Personnel de la
	Tax Court of Canada
	Cour canadienne de l'impôt
	*163. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Portions of the Public Service'':*
	Courts Administration Service
	Service administratif des tribunaux judiciaires
R.S., c. P-33	Public Service Employment Act
1992, c. 54, s. 16	*164. Section 21.1 of the Public Service Employment Act* is replaced by the following:**
Appeal to Federal Court of Appeal	21.1 Despite the Federal Courts Act, an application to the Federal Court for relief under section 18 or 18.1 of that Act against a decision of a board established under subsection 21(1) or (1.1) shall be transferred to the Federal Court of Appeal if the parties to the application so agree or if the Federal Court of Appeal, on application by any of those parties, so orders on the basis that the sound administration of that part of the Public Service over which the deputy head concerned has jurisdiction would be unduly prejudiced by delay if the matter were heard and determined by the Federal Court and subject to an appeal to the Federal Court of Appeal.
R.S., c. P-35	Public Service Staff Relations Act
1992, c. 54, s. 32(4)	*165. Paragraph (a) of the definition ``managerial or confidential position'' in subsection 2(1) of the Public Service Staff Relations Act* is replaced by the following:**
	(a) confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, the deputy head of a department or the chief executive officer of any other portion of the Public Service,
	166. Part I of Schedule I to the Act is amended by striking out the following:
	Staff of the Federal Court
	Personnel de la Cour fédérale
	Tax Court of Canada
	Cour canadienne de l'impôt
	167. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:
	Courts Administration Service
	Service administratif des tribunaux judiciaires
R.S., c. 32 (4th Supp.)	Railway Safety Act
	*168. Subsection 34(1) of the Railway Safety Act* is replaced by the following:**
Enforcement through court	34. (1) An order or emergency directive made by the Minister may be made an order of any superior court and shall be enforced in the same manner as an order of the court.
R.S., c. S-15	Special Import Measures Act
1993, c. 44, s. 207(2)(E)	*169. Subsection 12(1.1) of the English version of the Special Import Measures Act* is replaced by the following:**
Return of part of duty where order or finding set aside or rescinded	(1.1) Where, pursuant to an application under the Federal Courts Act or section 96.1 of this Act or a review under Part I.1 or II of this Act, an order or finding described in any of sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular goods and another such order or finding is made with respect to all or any of the goods to which the order or finding applies or all or any of those particular goods, as the case may be, any duty paid under this Act pursuant to the first-mentioned order or finding by or on behalf of an importer shall, except to the extent of any duty payable by the importer as a consequence of the other order or finding, be returned to the importer without delay after the other order or finding is made.
1990, c. 8, s. 71(2)(E)	170. Paragraph 44(2)(a) of the English version of the Act is replaced by the following:
	(a) the Secretary shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom the Secretary forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and
R.S., c. 47 (4th Supp.), s. 52 (Sch., item 10(5))	171. Paragraph 59(1)(d) of the Act is replaced by the following:
	(d) at any time, for the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada with respect to the goods; and
1993, c. 44, s. 218	172. The portion of the definition ``definitive decision'' in subsection 77.01(1) of the Act after paragraph (j) is replaced by the following:
	in so far as it applies to or is made in respect of particular goods of a NAFTA country, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods;
1988, c. 65, s. 42	173. The portion of the definition ``definitive decision'' in subsection 77.1(1) of the Act after paragraph (j) is replaced by the following:
	that applies to or in respect of particular goods of the United States, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods;