Bill C-51

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

(c) by any other means, including electronic means, in the form and manner provided for in the rules of Court.

(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

(c) by using any other means, including electronic means, in the form and manner provided for in the rules of Court.

(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.