Bill C-17

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Division of Judge’s Annuity Benefits on Conjugal Breakdown

Definitions

52.1 The following definitions apply in this section and in 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.

“annuity benefit”
« prestation de pension »

“annuity benefit” means an annuity or contributions made under section 50.

“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” includes a former judge who has been granted an annuity.

“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 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) An application may be made under the following circumstances:

(a) where a court of competent jurisdiction in Canada, 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 have been living separate and apart for a period of one year or more and, either before or after they began to live separate and apart,

(i) a court of competent jurisdiction in Canada 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 to each interested party in accordance with the regulations a notice of the receipt of an application.

Objections by interested parties

52.12 (1) An interested party who objects to the division of annuity benefits on any of the grounds described in subsection (2) may submit a notice of objection in writing in accordance with the regulations within 90 days after the day on which notice of the receipt of the application is sent to the interested party under subsection 52.11(3).

Grounds for objection

(2) The grounds for objection are as follows:

(a) the court order or agreement on which the application is based 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 of competent jurisdiction in Canada 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 annuity benefits in respect of which the application is made.

When decision to be deferred

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

(a) if the objection is made on the grounds referred to in paragraph 52.12(2)(a) or (b), defer a decision on the application until the Minister is able to ascertain to his or her satisfaction whether those grounds have been established; and

(b) if the objection is made on the grounds referred to in paragraph 52.12(2)(c), defer a 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 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(6); or

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

Exception

(4) Notwithstanding subsection (3), the Minister may approve the division of 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) Subject to subsections (3) and (4), where the Minister approves the division of the annuity benefits of a judge, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

(a) an amount representing 50% of a proportion, determined in accordance with subsection (2), of the value of the annuity that is attributed, in accordance with the regulations, to the period subject to division; or

(b) if the terms of the court order or agreement on which the application for division is based provide for the payment to the spouse, former spouse or former common-law partner of a share of annuity benefits that is less than the amount determined under paragraph (a), that lesser share.

Proportion of annuity value

(2) The proportion of the value of an annuity referred to in paragraph (1)(a) is

(a) subject to paragraph (b), the period subject to division divided by the judge’s number of years of service until the judge’s actual date of retirement or, in the case of a judge who has not yet retired, until the judge’s expected date of retirement determined in accordance with the regulations; or

(b) in the case of a judge who resigns or is removed from office by reason of an infirmity referred to in paragraph 42(1)(c), the period subject to division divided by the judge’s number of years of service up to the judge’s expected date of retirement had the infirmity not occurred, determined in accordance with the regulations.

Division of contributions

(3) Subject to subsection (4), where the Minister approves the division of the annuity benefits of a judge who was not eligible to be granted an annuity at the end of the period subject to division, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

(a) an amount equal to 50% of the contributions made by the judge under section 50 during the period subject to division plus 50% of any interest payable on those contributions; or

Election by spouse

(4) A judge’s spouse, former spouse or former common-law partner who is entitled to be accorded a portion of the judge’s contributions under paragraph (3)(a) or (b) may elect in the manner prescribed by the regulations to receive, at the time the judge becomes eligible to be granted an annuity, a share of the judge’s annuity, determined as provided in subsection (1), to be paid in lieu of that portion of the judge’s contributions.

Death or resignation of judge

(5) Where an election has been made under subsection (4) and, before becoming eligible to be granted an annuity, the judge dies, resigns, is removed from office or otherwise ceases to hold office, the spouse, former spouse or former common-law partner shall instead be paid immediately the portion of the judge’s contributions to which the spouse was otherwise entitled under paragraph (3)(a) or (b).

Determination of periods of division and cohabitation

(6) For the purposes of this section and sections 52.15 and 52.16,

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

(b) a period of cohabitation is the period during which interested parties cohabited, as specified by the court order or agreement on which an application for division is based 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

(7) 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

(8) Where the Minister approves the division of a judge’s annuity benefits, the annuity benefits payable to the judge under this Act shall be adjusted in accordance with the regulations.

Notice of division

(9) The Minister shall send a notice of the division of 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 established 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 portion of the annuity that is attributed, in accordance with the regulations, to 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 is made in respect of a period subject to division under section 52.14, no further divisions may be made under that section in respect of that period.

Amounts transferred in error

52.17 Where 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 subsection 52.14(8) 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 the division of the judge’s annuity benefits under this Act.

Information for spouse, etc. re benefits

52.21 Subject to the regulations, the Minister shall, at the 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 manner of making an application, the information that is to be provided in it and the documents that are to accompany it;

(b) prescribing the 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 circumstances in which a person may make an application or object to an application on behalf of another person, or may act on behalf of another person in proceeding with an application made by that other person;

(d) prescribing 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 of a judge may make or object to an application or may proceed with an application that was made by or on behalf of the judge, spouse, former spouse or former common-law partner;

(e) when 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 circumstances in which, the manner in which and the conditions under which a spouse, former spouse or former common-law partner of a judge may make an application after the death of the 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) respecting the manner of submitting notices of objection under subsection 52.12(1);

(j) for determining the value of an annuity to be attributed to a period subject to division, for the purposes of subsection 52.14(1);

(k) for determining the expected date of retirement of a judge, for the purposes of subsection 52.14(2);

(l) respecting the actuarial assumptions on which the determinations made under paragraphs (j) and (k) are to be based;

(m) respecting the notification of a judge of an election made by the judge’s spouse, former spouse or former common-law partner under subsection 52.14(4);

(n) prescribing, for the purposes of paragraph 52.14(6)(b), the manner of determining the period during which interested parties cohabited;

(o) respecting the adjustment of the annuity benefits payable to a judge under subsection 52.14(8);

(p) respecting the determination of the effective date of the adjustment of annuity benefits for the purposes of subsection 52.14(8);

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

(r) for determining the portion of an annuity to be attributed to a period subject to division, for the purposes of subsection 52.15(2);

(s) for the purposes of section 52.21, respecting the manner in which a request for information is to be made by a spouse, former spouse, common-law partner or former common-law partner of a judge, prescribing the information that is to be provided to that person concerning the benefits that are or may become payable to or in respect of the judge and specifying circumstances in which a request may be refused;

(t) prescribing remedial action that may be taken in prescribed circumstances in response to administrative error or the provision of erroneous information;

(u) prescribing any matter or thing that may be prescribed under sections 52.1 to 52.21; and

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

1989, c. 8, s. 13

16. Subsection 53(1) of the Act is replaced by the following:

Amounts payable out of C.R.F.

53. (1) The salaries, allowances and annuities payable under this Act and the amounts payable under sections 46.1, 51 and 52.15 shall be paid out of the Consolidated Revenue Fund.

PART 2

AMENDMENTS TO OTHER ACTS

1996, c. 10

Canada Transportation Act

2002, c. 8, s. 122

17. 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-50; 1990, c. 8, s. 21

Crown Liability and Proceedings Act

1990, c. 8, s. 32

18. (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)

19. 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.

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

Federal Courts Act

2002, c. 8, s. 16

20. Section 5.4 of the Federal Courts 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 10 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. 16

21. Subsection 6(2) of the Act is replaced by the following:

Absence or incapacity of a Chief Justice

(a) the judge of the Federal Court of Appeal or of the Federal Court, as the case may be, who has been designated for that purpose by the Chief Justice of that Court; or

(b) if no judge has been so designated, or if the judge so designated is absent from Canada or is unable or unwilling to act, the senior judge of the same court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.

22. Subsection 7(2) of the English version of the Act is replaced by the following:

Rota of judges

(2) Notwithstanding subsection (1), the Rules may provide for a rota of judges in order to ensure continuity of judicial availability in any centre where the volume of work or other circumstances make such an arrangement expedient.

23. Subsection 12(2) of the Act is repealed.

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

24. 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;

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

Pesticide Residue Compensation Act

1990, c. 8, s. 60

25. 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 the number of Deputy Assessors that 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

26. 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. 9, s. 10(3)

27. Subsection 12(4) of the Tax Court of Canada 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)

28. 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)

29. 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 of the Court.

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

30. 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

31. 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)

32. 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)

33. 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

34. Subsection 19.2(3) of the English version 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.

COMING INTO FORCE

Order in council

35. (1) Subsections 9(1), (2) and (4) come into force on a day to be fixed by order of the Governor in Council.

Order in council

(2) Sections 13 and 15 come into force on a day to be fixed by order of the Governor in Council.

Order in council

(3) Sections 28 to 30, 32 and 33 come into force on a day to be fixed by order of the Governor in Council.

Section 44.2 of the Judges Act

36. 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:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Clause 16: Existing text of subsection 53(1):

53. (1) The salaries, allowances and annuities payable under this Act and the amounts payable under sections 46.1 and 51 shall be paid out of the Consolidated Revenue Fund.

Canada Transportation Act

Clause 17: 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.

Crown Liability and Proceedings Act

Clause 18: (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 19: 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.

Federal Courts Act

Clause 20: 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 21: Existing text of subsection 6(2):

(2) If the office of Chief Justice of the Federal Court of Appeal or the office of the Chief Justice of the Federal Court is vacant, or the Chief Justice of either court is absent from Canada or is for any reason unable or unwilling to act, the powers and duties of the Chief Justice shall be exercised and performed by the senior judge of the same court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act.

Clause 22: Existing text of subsection 7(2):

(2) Notwithstanding subsection (1), the Rules may provide for a rota of judges in order to insure a continuity of judicial availability in any centre where the volume of work or other circumstances make such an arrangement expedient.

Clause 23: 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.

Clause 24: 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;

Pesticide Residue Compensation Act

Clause 25: 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 26: 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 27: 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 28: 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 29: 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 30: 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 31: 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 32: 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 33: 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 34: 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.