Bill C-51

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First Reading

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Division of Judge’s Annuity on Conjugal Breakdown

Definitions

52.1 The following definitions apply in this section and sections 52.11 to 52.22.

“agreement”
« accord »

“agreement” means an agreement referred to in subparagraph 52.11(2)(b)(ii).

“annuity”
« pension »

“annuity” means an annuity payable under section 42, 43 or 43.1.

“application”
« demande »

“application” means an application made under subsection 52.11(1).

“court order”
« ordonnance »

“court order” means an order referred to in paragraph 52.11(2)(a) or subparagraph 52.11(2)(b)(i).

“interested party”
« intéressé »

“interested party”, in relation to an application for division of a judge’s annuity benefits, means the judge or the spouse, former spouse or former common-law partner with whom those benefits would be divided under the application.

“judge”
« juge »

“judge” means a judge or former judge who is entitled to or may become entitled to an annuity under this Act.

“Minister”
« ministre »

“Minister” means the Minister of Justice of Canada.

“prescribed”
Version anglaise seulement

“prescribed” means prescribed by regulation.

“spouse”
« époux »

“spouse”, in relation to a judge, includes a person who is a party to a void marriage with the judge.

Application for division

52.11 (1) A judge or a spouse, former spouse or former common-law partner of a judge may, in the circumstances described in subsection (2), apply in writing to the Minister in accordance with the regulations for the division of the judge’s annuity benefits between the judge and the spouse, former spouse or former common-law partner.

When application may be made

(2) The circumstances in which an application may be made are

(a) where a court in Canada of competent jurisdiction, in proceedings in relation to divorce, annulment of marriage or separation, has made an order that provides for the annuity benefits to be divided between the interested parties; or

(b) where the interested parties are living separate and apart for a period of one year or more and, either before or after they commenced to live separate and apart,

(i) a court in Canada of competent jurisdiction has made an order that provides for the annuity benefits to be divided between them, or

(ii) the interested parties have entered into a written agreement that provides for the annuity benefits to be divided between them.

Notice to interested parties

(3) The Minister shall send a notice of the receipt of an application in accordance with the regulations to each interested party.

Objections by interested parties

52.12 (1) An interested party who objects to the division of the annuity benefits on any of the grounds described in subsection (2) may submit a notice of objection in writing to the Minister within ninety days after the day on which notice of the receipt of the application is sent to the interested party in accordance with the regulations.

Grounds for objection

(2) The grounds for objection are as follows:

(a) the court order or agreement has been varied or is of no force or effect;

(b) the terms of the court order or agreement have been or are being satisfied by other means; or

(c) proceedings have been commenced in a court in Canada of competent jurisdiction to appeal or review the court order or challenge the terms of the agreement.

Documentary evidence

(3) An interested party who submits a notice of objection shall include with that notice documentary evidence to establish the grounds for objection.

Approval of division

52.13 (1) Subject to subsections (2) and (3), the Minister shall, as soon as is practicable after the Minister is satisfied that an application meets the requirements of this Act, approve the division of the annuity benefits for which the application is made.

When decision to be deferred

(2) Where an interested party submits a notice of objection to the Minister in accordance with section 52.12, the Minister shall

(a) if the objection is on the grounds referred to in paragraph 52.12(2)(a) or (b), defer any decision on the application until such time as the Minister is able to ascertain to the Minister’s satisfaction whether those grounds have been established; and

(b) if the objection is on the grounds referred to in paragraph 52.12(2)(c), defer any decision on the application until the final disposition of the proceedings on which those grounds are based.

Refusal of division

(3) The Minister shall refuse to approve the division of the annuity benefits if

(a) the application is withdrawn in accordance with the regulations;

(b) a notice of objection has been submitted on grounds referred to in paragraph 52.12(2)(a) or (b) and the Minister is satisfied that those grounds have been established and constitute sufficient reason to refuse the division;

(c) a notice of objection has been submitted on grounds referred to in paragraph 52.12(2)(c) and the court order or agreement is of no force or effect as a result of the proceedings referred to in that paragraph;

(d) the period of cohabitation of the judge and the spouse, former spouse or former common-law partner cannot be determined under subsection 52.14(4); or

(e) the Minister is satisfied, based on evidence submitted to the Minister, that it would not be just to approve the division.

Exception

(4) Notwithstanding subsection (3), the Minister may approve the division of the annuity benefits on the basis of an order of a court issued pursuant to any proceedings referred to in paragraph 52.12(2)(c).

Transitional

(5) The Minister may approve the division of the annuity benefits even though the court order or agreement on which the application is based was made or entered into before the day on which subsection 52.11(1) comes into force.

Division of annuity benefits

52.14 (1) Where the Minister approves the division of the annuity benefits of a judge,

(a) the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of one of the following:

(i) a sum representing fifty per cent of a proportion, determined in accordance with subsection (2), of the value of the annuity benefits that are deemed, in accordance with the regulations, to have accrued to the judge,

(ii) in the case of a judge who has not become entitled to an annuity, a sum equal to fifty per cent of the contributions made by the judge under section 50 during the period subject to division and of any interest payable on those contributions, unless the spouse, former spouse or former common-law partner of a judge elects, in the prescribed manner, to receive, at such time as the judge becomes entitled to an annuity, an amount determined at that time in accordance with subparagraph (i), or

(iii) if the terms of a court order or the agreement provide for the payment to the spouse, former spouse or former common-law partner of an amount that is less than the amount determined under subparagraph (i) or (ii), as the case may be, that lesser amount; and

(b) the annuity benefits that are deemed, in accordance with the regulations, to have accrued to the judge shall be adjusted in the manner provided by the regulations.

Proportion

(2) The proportion of the value of annuity benefits referred to in subparagraph (1)(a)(i) is the period subject to division as a fraction of the total years of service of the judge up to the actual date of retirement or, in the case of a judge who has not yet retired, the expected date of retirement determined in accordance with the regulations.

Death of judge

(3) If an election has been made to receive an amount under subparagraph (1)(a)(ii) and the judge dies or ceases to hold office before becoming entitled to an annuity, the spouse, former spouse or former common-law partner shall instead be paid immediately an amount equal to fifty per cent of the contributions made by the judge under section 50 during the period subject to division and of any interest payable on those contributions.

Determination of periods of division and cohabitation

(4) For the purposes of this section,

(a) the period subject to division is the portion of the period of cohabitation during which the judge held office under this Act, measured in years to the nearest one tenth of a year; and

(b) the period of cohabitation is the period during which the interested parties cohabited, as specified by the court order or agreement or, if none is specified, as determined in accordance with the regulations on the basis of evidence submitted by either or both of the interested parties.

Death of spouse, former spouse or former common-law partner

(5) A share of annuity benefits that cannot be accorded under subsection (1) by reason only of the death of the spouse, former spouse or former common-law partner shall be paid to that person’s estate or succession.

Adjustment of accrued benefits

(6) The adjustment of annuity benefits required by paragraph (1)(b) shall be effective as of the date determined in accordance with the regulations, which date may be before the date on which the adjustment is actually made.

Notice of division

(7) The Minister shall send a notice of the division of the annuity benefits in the prescribed manner to each interested party.

Transfer and payment of share

52.15 (1) The spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits shall be accorded by

(a) the transfer of the specified portion of that share to a retirement savings plan for the spouse, former spouse or former common-law partner that is of the prescribed kind for the purposes of section 26 of the Pension Benefits Standards Act, 1985; and

(b) the payment of the remainder of that share, if any, to the spouse, former spouse or former common-law partner.

Calculation of specified portion

(2) For the purpose of paragraph (1)(a), the specified portion of a spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits is

(a) if that share consists of a portion of the judge’s contributions, that portion; or

(b) in any other case, the amount determined by the formula

(A x B x C)/D

where

A is the share of the annuity benefits,

B is the period subject to division,

C is the defined benefit limit, within the meaning of regulations made under the Income Tax Act, for the calendar year in which the share is accorded, and

D is the amount of the annuity benefits expressed on an annualized basis that are deemed, in accordance with the regulations, to have accrued to the judge during the period subject to division.

Tax treatment

(3) For the purposes of the Income Tax Act, an amount transferred to a retirement savings plan in accordance with paragraph (1)(a) is deemed to be an amount transferred from a registered pension plan in accordance with subsection 147.3(5) of that Act.

Further divisions precluded

52.16 Where a division of annuity benefits that are deemed to have accrued to a judge during any period is made under section 52.14, no further divisions may be made under that section in respect of that period.

Amounts transferred in error

52.17 If the amount transferred or paid in respect of a spouse, former spouse or former common-law partner, or paid to the estate or succession of a deceased spouse, former spouse or former common-law partner, under section 52.14 or 52.15 exceeds the amount that the spouse, former spouse or former common-law partner was entitled to have transferred or paid or the estate or succession was entitled to be paid, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that spouse, former spouse or former common-law partner or that estate or succession.

Amounts paid before adjustment

52.18 Where an adjustment is made under paragraph 52.14(1)(b) and an amount is or has been paid to a judge that exceeds the amount to which the judge is or would have been entitled under this Act after the effective date of that adjustment, the amount in excess constitutes a debt due to Her Majesty in right of Canada by the judge and may be recovered at any time by set-off against any annuity benefit that is payable to the judge under this Act, without prejudice to any other recourse available to Her Majesty in right of Canada with respect to its recovery.

Void transactions

52.19 (1) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are not capable of being assigned, charged, anticipated or given as security, and any transaction that purports to assign, charge, anticipate or give as security any such amount is void.

Exemption from attachment, etc.

(2) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to under section 52.14 are exempt from attachment, seizure and execution, either at law or in equity.

Access of spouse, etc. to division of benefits

52.2 Notwithstanding any other provision of this Act, a court of competent jurisdiction may order, for any period that the court determines, that no action be taken by the Minister under this Act that may prejudice the ability of the spouse, common-law partner, former spouse or former common-law partner to make an application or obtain a division of the judge’s annuity benefits under this Act.

Information for spouse, etc. re benefits

52.21 The Minister shall, in accordance with the regulations, on request of a spouse, common-law partner, former spouse or former common-law partner of a judge, provide that person with information prescribed by the regulations concerning the benefits that are or may become payable to or in respect of that judge under this Act.

Regulations

52.22 The Governor in Council may make regulations

(a) respecting the information to be provided in an application and the documents that are to accompany an application;

(b) prescribing circumstances in which interested parties are deemed to have been living separate and apart for the purposes of paragraph 52.11(2)(b);

(c) prescribing the circumstances in which a person may make an application on behalf of another person or may act on behalf of another person in proceeding with an application that has been made by that other person;

(d) prescribing the circumstances in which, the manner in which and the conditions under which the personal representative or the liquidator of the succession of a deceased judge or of a deceased spouse, former spouse or former common-law partner may make an application or may proceed with an application that was made by the judge, spouse, former spouse or former common-law partner;

(e) where regulations are made under paragraph (c) or (d), respecting the manner in which and the extent to which any provision of this Act applies to a person referred to in that paragraph or in the circumstances prescribed by those regulations, and adapting any provision of this Act to those persons or circumstances;

(f) prescribing the circumstances in which, the manner in which and the conditions under which a spouse, former spouse or former common-law partner may make an application after the death of a judge;

(g) respecting the notice of receipt of applications to be given to interested parties under subsection 52.11(3);

(h) respecting the withdrawal of applications;

(i) for determining, for the purposes of subsections 52.14(1) and 52.15(2), on the basis of generally accepted actuarial principles and demographic assumptions prescribed by the regulations, the value of the annuity benefits that are deemed to have accrued to a judge;

(j) for determining, for the purposes of subsection 52.14(2), on the basis of demographic assumptions prescribed by the regulations, the expected date of retirement of a judge;

(k) respecting the adjustment, pursuant to paragraph 52.14(1)(b), by a factor not exceeding fifty per cent, of the annuity benefits that are deemed to have accrued to a judge;

(l) prescribing, for the purposes of paragraph 52.14(4)(b), the manner of determining the period during which interested parties cohabited;

(m) respecting the determination of the effective date of the adjustment of annuity benefits for the purposes of subsection 52.14(6);

(n) respecting the manner in which and the extent to which any provision of this Act applies, notwithstanding any other provisions of this Act, to any judge, to any spouse, former spouse, common-law partner or former common-law partner of a judge or to any other person where annuity benefits are divided under section 52.14, and adapting any provision of this Act to those persons;

(o) respecting the provision of information, for the purposes of section 52.21, to a spouse, former spouse, common-law partner or former common-law partner of a judge concerning the benefits that are or may become payable to or in respect of that judge;

(p) prescribing any matter or thing that by any of sections 52.1 to 52.21 is to be or may be prescribed; and

(q) generally for carrying out the purposes and provisions of sections 52.1 to 52.21.

PART 2

R.S., c. F-7; 2002, c. 8, s. 14

AMENDMENTS TO THE FEDERAL COURTS ACT

2001, c. 41, par. 144(2)(b)

15. Subsection 5.1(1) of the Federal Courts Act is replaced by the following:

Composition of the Federal Court

5.1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, 32 other judges and any prothonotary appointed under section 12.

2002, c. 8, s. 16

16. Section 5.4 of the Act is replaced by the following:

Judges from Quebec

5.4 At least five of the judges of the Federal Court of Appeal and at least ten of the judges of the Federal Court must be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.

2002, c. 8, s. 19

17. Subsection 10(4) of the Act is replaced by the following:

Judges

(4) A judge of a superior, county or district court shall be paid a per diem salary for the period during which the judge acts, less any amount otherwise payable to him or her under the Judges Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under that Act. The salary shall be based on the salary fixed by that Act for a judge, other than the Chief Justice, of the court in which the judge acts.

Former judges

(5) A person who has held office as a judge of a superior, county or district court shall be paid a per diem salary for the period during which the person acts and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act. However, the period during which the person may act as a judge in a year shall not exceed one third of the days worked in a year by a judge, other than a supernumerary judge, of the court in which the person acts. The salary shall be based on the salary fixed by the Judges Act for a judge of that court, other than the Chief Justice.

Annuities

(6) A person who has held office as a judge of a superior, county or district court may continue to receive an annuity under the Judges Act while acting as a judge of the Federal Court or the Federal Court of Appeal.

18. (1) Subsection 12(2) of the Act is repealed.

(2) Subsection 12(5) of the Act is replaced by the following:

Superannuation

(5) Subject to any regulations made under subsection 12.1(6), a prothonotary shall be deemed for the purposes of the Public Service Superannuation Act to be employed in the public service.

19. The Act is amended by adding the following after section 12:

Compensation and benefits committee

12.1 (1) The Governor in Council may establish, by regulation, a committee to inquire into the adequacy of the salary of prothonotaries, their benefits generally and any other amounts payable to them.

Appointments

(2) The committee shall consist of three part-time members appointed by the Governor in Council.

Term of office

(3) A person appointed to the committee shall be appointed for a term of four years. Each member holds office during good behaviour and may be removed for cause at any time by the Governor in Council.

Remuneration

(4) Members of the committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council and are entitled to be reimbursed the travel, living and other expenses, as are fixed by the Governor in Council, incurred in connection with their work for the committee while absent from their ordinary place of residence.

Personnel

(5) The committee may engage the services of any persons necessary for the proper conduct of the committee, but no person engaged shall, as a result, be considered to be employed in the federal public administration.

Regulations

(6) The Governor in Council may make regulations respecting

(a) the committee, including its terms of reference, composition, functioning and reports, and the reappointment of committee members;

(b) the salary of prothonotaries, their benefits generally and any other amounts payable to them; and

(c) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

Retroactive effect

(7) Regulations made under paragraph (6)(b) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

2002, c. 8, s. 43(1)

20. Paragraph 45.1(1)(b) of the Act is replaced by the following:

(b) three judges designated by the Chief Justice of the Federal Court of Appeal, and five judges and one prothonotary designated by the Chief Justice of the Federal Court;

PART 3

AMENDMENTS TO OTHER ACTS

1996, c. 10

Canada Transportation Act

2002, c. 8, s. 122

21. Subsection 33(1) of the Canada Transportation Act is replaced by the following:

Enforcement of decision or order

33. (1) A decision or an order of the Agency may be made an order of the Federal Court or of any superior court and is enforceable in the same manner as such an order.

R.S., c. C-46

Criminal Code

2002, c. 7, s. 140

22. Paragraph 188(4)(f) of the Criminal Code is replaced by the following:

(f) in Yukon, the Northwest Territories and Nunavut, the Chief Justice.

R.S., c. C-50; 1990, c. 8, s. 21

Crown Liability and Proceedings Act

1990, c. 8, s. 32

23. (1) Paragraph 34(a) of the Crown Liability and Proceedings Act is replaced by the following:

(a) prescribing rules of practice and procedure in respect of proceedings by, against or involving the Crown, including tariffs of fees and costs;

1990, c. 8, s. 32

(2) Paragraphs 34(d) and (e) of the Act are replaced by the following:

(d) making applicable to any proceedings by, against or involving the Crown all or any of the rules of evidence applicable in similar proceedings between subject and subject; and

(e) generally respecting proceedings by, against or involving the Crown.

1996, c. 23

Employment Insurance Act

2002, c. 8, par. 182(1)(o)

24. Section 105 of the Employment Insurance Act is replaced by the following:

Decision final

105. The decision of the Tax Court of Canada under section 103 is final and, except for an appeal under the Federal Courts Act, is not subject to appeal to or review by any court.

1993, c. 28

Nunavut Act

1999, c. 3, s. 1

25. Section 10 of the Nunavut Act is replaced by the following:

Absence or incapacity

10. If both the Commissioner and the Deputy Commissioner are absent, ill or unable to act or both those offices are vacant, the Chief Justice of the Nunavut Court of Justice has and may exercise and perform all of the powers, duties and functions of the Commissioner.

R.S., c. P-10; 2001, c. 4, s. 113(F)

Pesticide Residue Compensation Act

1990, c. 8, s. 60

26. Subsection 14(1) of the Pesticide Residue Compensation Act is replaced by the following:

Assessor and Deputy Assessors

14. (1) The Governor in Council may, from among the judges of the Federal Court and the judges of the superior, district or county courts of the provinces, appoint an Assessor and such number of Deputy Assessors as the Governor in Council considers necessary to hear and determine appeals from compensation awards made under this Act or under any other Act to which this Part is made applicable and, subject to this Act, may prescribe their jurisdiction.

R.S., c. 32 (4th Supp.)

Railway Safety Act

2002, c. 8, s. 168

27. 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 the Federal Court or any superior court and shall be enforced in the same manner as an order of the court.

R.S., c. T-2

Tax Court of Canada Act

2002, c. 8, s. 65(2)(E)

28. Subsection 9(4) of the Tax Court of Canada Act is replaced by the following:

Judges

(4) A judge of a superior court or a judge of any other court who was appointed under an Act of the legislature of a province shall be paid a per diem salary for the period during which the judge acts, less any amount otherwise payable to him or her under the Judges Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under that Act. The salary shall be based on the salary fixed by that Act for a judge of the Court, other than the Chief Justice or Associate Chief Justice.

Former judges

(5) A former judge of a superior court or a former judge of any other court who was appointed under an Act of the legislature of a province shall be paid a per diem salary for the period during which the former judge acts and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act. However, the period during which a former judge may act as a judge in a year shall not exceed one third of the days worked in a year by a judge of the Court, other than a supernumerary judge. The salary shall be based on the salary fixed by the Judges Act for a judge of the Court, other than the Chief Justice or Associate Chief Justice.

Annuities

(6) A former judge of a superior court may continue to receive an annuity under the Judges Act while acting as a judge of the Court.

2002, c. 9, s. 10(3)

29. Subsection 12(4) of the Act is replaced by the following:

Extensions of time

(4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under section 45 or 47 of the Air Travellers Security Charge Act, subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 97.51 or 97.52 of the Customs Act, subsection 103(1) of the Employment Insurance Act, section 197 or 199 of the Excise Act, 2001, section 304 or 305 of the Excise Tax Act, or section 166.2 or 167 of the Income Tax Act.

R.S., c. 51 (4th Supp.), s. 5; 1998, c. 19, s. 291(1)

30. Section 17.2 of the Act is replaced by the following:

How proceeding instituted

17.2 (1) Unless the Act under which the proceeding arises provides otherwise, a proceeding in respect of which this section applies shall be instituted by filing an originating document in the form and manner set out in the rules of Court and by paying, in accordance with the rules, any required filing fee.

Filing date

(2) An originating document is deemed to be filed on the day on which it is received by the Registry of the Court.

Service of originating document

(3) After the proceeding has been instituted, an officer of the Registry of the Court shall, on behalf of the party who instituted the proceeding and in accordance with the rules of the Court, serve the originating document without delay on Her Majesty in right of Canada by transmitting a copy to the office of the Deputy Attorney General of Canada.

Certificate

(4) An officer of the Registry of the Court shall, in accordance with the rules of the Court, deliver or forward to the party who instituted the proceeding a certificate indicating the date of filing of the originating document and the date of service on Her Majesty in right of Canada.

Certificate to be evidence

(5) A certificate is evidence of the dates of filing and service.

R.S., c. 51 (4th Supp.), s. 5; 1998, c. 19, s. 292(1)

31. Section 18.15 of the Act is replaced by the following:

How proceeding instituted

18.15 (1) An appeal referred to in section 18 shall be instituted by filing an originating document with the Registry of the Court in the manner set out in the rules of Court and by paying, in accordance with the rules, any required filing fee. The document shall set out, in general terms, the reasons for the appeal and the relevant facts, but no special form is required unless the Act under which the appeal arises provides otherwise.

Filing date

(2) An originating document is deemed to be filed on the day on which it is received by the Registry.

Hearing

(3) Notwithstanding the provisions of the Act under which the appeal arises, the Court is not bound by any legal or technical rules of evidence in conducting a hearing and the appeal shall be dealt with by the Court as informally and expeditiously as the circumstances and considerations of fairness permit.

1998, c. 19, s. 283

32. Subsection 18.26(1) of the Act is replaced by the following:

Costs

18.26 (1) The Court may, subject to the rules, award costs. In particular, the Court may award costs to the appellant if the judgment reduces the aggregate of all amounts in issue or the amount of interest in issue, or increases the amount of loss in issue, as the case may be, by more than one half.

R.S., c. 51 (4th Supp.) s. 5; 1990, c. 45, s. 59; 1998, c. 19, s. 294

33. Section 18.27 of the Act is replaced by the following:

Regulations

18.27 The Governor in Council may make regulations increasing the amount in dispute referred to in paragraphs 18.3002(3)(c) and 18.3008(c) and subparagraph 18.3009(1)(c)(i) to any amount that does not exceed $12,000.

1998, c. 19, s. 295(1)

34. The portion of subsection 18.29(1) of the Act before paragraph (a) is replaced by the following:

Other applications

18.29 (1) The provisions of sections 18.14 and 18.15 — other than the reference to filing fees —, subsection 18.18(1), section 18.19, subsection 18.22(3) and sections 18.23 and 18.24 apply, with any modifications that the circumstances require, in respect of appeals arising under

2002, c. 22, s. 408(15)

35. The portion of subsection 18.3009(1) of the Act before paragraph (a) is replaced by the following:

Costs

18.3009 (1) In an appeal referred to in section 18.3001, the Court may, subject to the rules of Court, award costs. In particular, the Court may award costs to the person who brought the appeal if the judgment reduces the amount in dispute by more than one half and

2002, c. 8, s. 77

36. The English version of subsection 19.2(3) of the Act is replaced by the following:

Notice of appeal

(3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal made in respect of the constitutional question.

2002, c. 7

Yukon Act

37. Subsection 5(2) of the Yukon Act is replaced by the following:

Absence or inability

(2) The Chief Justice of the Supreme Court of Yukon may act as Administrator during the Administrator’s absence or illness or other inability or when that office is vacant.

COMING INTO FORCE

Order in council

38. (1) Subsections 3(2) to (4) and sections 30 to 32, 34 and 35 come into force on a day or days to be fixed by order of the Governor in Council.

Provisions related to territorial judges

(2) Section 1, subsections 3(5), 7(3) and (5) and 9(2) and (3), and sections 22, 25 and 37 come into force on the day on which the last of subsections 3(2) to (4) comes into force.

Order in council

(3) Section 14 comes into force on a day to be fixed by order of the Governor in Council.

Section 44.2 of the Judges Act

39. Section 44.2 of the Judges Act, as enacted by section 163 of the Modernization of Benefits and Obligations Act, chapter 12 of the Statutes of Canada, 2000, and replaced by section 24 of An Act to amend the Judges Act and to amend another Act in consequence, chapter 7 of the Statutes of Canada, 2001, and the Optional Survivor Annuity Regulations, made by Order in Council P.C. 2001-1362 on August 1, 2001 and registered as SOR/2001-283, are deemed to have come into force on August 1, 2001.

Published under authority of the Speaker of the House of Commons

Available from:
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Public Works and Government Services Canada

Explanatory Notes

Federal Courts Act

Clause 15: Existing text of subsection 5.1(1):

5.1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, and 32 other judges.

Clause 16: Existing text of section 5.4:

5.4 At least four of the judges of the Federal Court of Appeal and at least six of the judges of the Federal Court must be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.

Clause 17: Existing text of subsection 10(4):

(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.

Clause 18: (1) Existing text of subsection 12(2):

(2) The Governor in Council shall designate one of the prothonotaries to be Senior Prothonotary and one of the prothonotaries to be Associate Senior Prothonotary.

(2) Existing text of subsection 12(5):

(5) For the purposes of the Public Service Superannuation Act, a prothonotary shall be deemed to be employed in the Public Service.

Clause 19: New.

Clause 20: Relevant portion of subsection 45.1(1):

45.1 (1) There shall be a rules committee composed of the following members:

...

(b) three judges designated by the Chief Justice of the Federal Court of Appeal and five judges designated by the Chief Justice of the Federal Court;

Canada Transportation Act

Clause 21: Existing text of subsection 33(1):

33. (1) A decision or order of the Agency may be made an order of any superior court and is enforceable in the same manner as such an order.

Criminal Code

Clause 22: Relevant portion of subsection 188(4):

(4) In this section, “Chief Justice” means

...

(f) in the Yukon Territory, the Northwest Territories and Nunavut, the senior judge within the meaning of subsection 22(3) of the Judges Act.

Crown Liability and Proceedings Act

Clause 23: (1) and (2) Relevant portion of section 34:

34. The Governor in Council may make regulations

(a) prescribing rules of practice and procedure in respect of proceedings by or against the Crown, including tariffs of fees and costs;

...

(d) making applicable to any proceedings against the Crown all or any of the rules of evidence applicable in similar proceedings between subject and subject; and

(e) generally respecting proceedings by or against the Crown.

Employment Insurance Act

Clause 24: Existing text of section 105:

105. The decision of the Tax Court of Canada under section 103 is final and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.

Nunavut Act

Clause 25: Existing text of section 10:

10. If both the Commissioner and the Deputy Commissioner are absent, ill or unable to act or both those offices are vacant, the senior judge, within the meaning of subsection 22(3) of the Judges Act, of the Nunavut Court of Justice has and may exercise and perform all of the powers, duties and functions of the Commissioner.

Pesticide Residue Compensation Act

Clause 26: Existing text of subsection 14(1):

14. (1) The Governor in Council may, from among the judges of the superior, district or county courts of the provinces, appoint an Assessor and such number of Deputy Assessors as the Governor in Council considers necessary to hear and determine appeals from compensation awards made under this Act or under any other Act to which this Part is made applicable, and, subject to this Act, may prescribe their jurisdiction.

Railway Safety Act

Clause 27: Existing text of subsection 34(1):

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.

Tax Court of Canada Act

Clause 28: Existing text of subsection 9(4):

(4) A person who acts as a judge pursuant to subsection (1) shall be paid a salary for the period he acts at the rate fixed by the Judges Act for a judge of the Court, other than the Chief Justice or the Associate Chief Justice, less any amount otherwise payable to him 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 that Act.

Clause 29: Existing text of subsection 12(4):

(4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under section 45 or 47 of the Air Travellers Security Charge Act, subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 97.52 or 97.53 of the Customs Act, subsection 103(1) of the Employment Insurance Act, section 197 or 199 of the Excise Act, 2001, section 304 or 305 of the Excise Tax Act, or section 166.2 or 167 of the Income Tax Act.

Clause 30: Existing text of section 17.2:

17.2 (1) Unless the Act under which the proceeding arises provides otherwise, a proceeding in respect of which this section applies shall be instituted by filing an originating document in the form set out in the rules of Court and by paying the filing fee in accordance with those rules.

(2) The originating document shall be filed

(a) by depositing the original and two copies of the document in the Registry of the Court;

(b) by forwarding by mail the original and two copies of the document to the Registry of the Court; or

(2.1) The date of filing of an originating document in the Registry of the Court is deemed to be the day on which the document is received by the Registry.

(2.2) Where an originating document is filed in accordance with paragraph (2)(c), the party who instituted the proceeding or that party’s counsel shall forthwith send the original and two copies of the document to the Registry of the Court.

(3) Where the original and two copies of the originating document have been received by the Registry of the Court and the filing fee has been paid as required by this section, an officer of the Registry of the Court shall, after verifying the accuracy of the copies, forthwith, on behalf of the party who instituted the proceeding, serve the originating document on Her Majesty in right of Canada by transmitting the copies to the office of the Deputy Attorney General of Canada.

(4) When the copies have been transmitted to the office of the Deputy Attorney General of Canada under subsection (3), a certificate signed by an officer of the Registry of the Court respecting the date of filing and the date of transmission of the copies shall be delivered or forwarded by registered mail to the party who instituted the proceeding or that party’s counsel at the address appearing on the originating document, or at such other address as may have been communicated to the Registry of the Court for the purpose.

(5) A certificate referred to in subsection (4) is evidence of the date of filing and the date of service of the originating document referred to in the certificate.

Clause 31: Existing text of section 18.15:

18.15 (1) An appeal referred to in section 18 shall be made in writing and shall set out, in general terms, the reasons for the appeal and the relevant facts, but no special form of pleadings is required unless the Act out of which the appeal arises expressly provides otherwise.

(2) An appeal referred to in section 18 may be brought in the form set out in the rules of Court.

(3) An appeal referred to in section 18 shall be instituted by

(a) filing the original of the written appeal referred to in subsection (1); and

(b) paying $100 as a filing fee.

(3.1) The written appeal referred to in subsection (1) shall be filed

(a) by depositing the original of the written appeal in the Registry of the Court;

(b) by mailing the original of the written appeal to the Registry of the Court; or

(3.2) The date of filing of a written appeal in the Registry of the Court is deemed to be the day on which the written appeal is received by the Registry.

(3.3) Where a written appeal is filed in accordance with paragraph (3.1)(c), the party who instituted the proceeding or that party’s counsel or agent shall forthwith send the original of the written appeal to the Registry of the Court.

(3.4) The Court may, on application made by an individual in the written appeal referred to in subsection (1), waive the payment of the filing fee where the Court is satisfied that its payment would cause severe financial hardship to the individual.

(3.5) The Court shall decide whether to grant an application made under subsection (3.4) solely on the basis of the information contained in the written appeal referred to in subsection (1).

(4) Notwithstanding the provisions of the Act out of which an appeal arises, the Court, in hearing an appeal referred to in section 18, is not bound by any legal or technical rules of evidence in conducting a hearing for the purposes of that Act, and all appeals referred to in section 18 shall be dealt with by the Court as informally and expeditiously as the circumstances and considerations of fairness permit.

Clause 32: Existing text of subsection 18.26(1):

18.26 (1) Where an appeal referred to in section 18 is allowed, the Court

(a) shall reimburse to the appellant the filing fee paid by the appellant under paragraph 18.15(3)(b); and

(b) where the judgment reduces the aggregate of all amounts in issue or the amount of interest in issue, or increases the amount of loss in issue, as the case may be, by more than one-half, may award costs to the appellant in accordance with the rules of Court.

Clause 33: Existing text of section 18.27:

18.27 The Governor in Council may make regulations

(a) increasing the amount of $7,000 referred to in paragraph 18(1)(a), section 18.1, subsections 18.11(2) and (3) and sections 18.12 and 18.13 to any amount that does not exceed $12,000;

(b) increasing the amount of $14,000 referred to in paragraph 18(1)(b) and sections 18.1, 18.12 and 18.13 to any amount that does not exceed $24,000;

(c) increasing the amount of $7,000 referred to in paragraphs 18.3002(3)(a), 18.3008(a) and 18.3009(1)(a) to any amount that does not exceed $12,000; and

(d) varying the amount of $100 referred to in paragraph 18.15(3)(b).

Clause 34: Relevant portion of subsection 18.29(1):

18.29 (1) The provisions of section 18.14, subsections 18.15(1) and (2), paragraph 18.15(3)(a), subsections 18.15(3.1) to (3.3) and (4), paragraph 18.18(1)(a), section 18.19, subsection 18.22(3) and sections 18.23 and 18.24 apply, with such modifications as the circumstances require, in respect of appeals arising under

Clause 35: Relevant portion of subsection 18.3009(1):

18.3009 (1) If an appeal referred to in section 18.3001 is allowed, the Court shall reimburse to the person who brought the appeal the filing fee paid by that person under paragraph 18.15(3)(b). The Court may, in accordance with the rules of Court, award costs to that person if the judgement reduces the amount in dispute by more than one half and

Clause 36: Existing text of subsection 19.2(3):

(3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal to the Federal Court of Appeal made in respect of the constitutional question.

Yukon Act

Clause 37: Existing text of subsection 5(2):

(2) The senior judge, within the meaning of subsection 22(3) of the Judges Act, of the Supreme Court of Yukon may act as Administrator during the Administrator’s absence or illness or other inability or when that office is vacant.