Federal Courts Act (R.S.C., 1985, c. F-7)

RELATED PROVISIONS

• — R.S., 1985, c. 30 (2nd Supp.), s. 61(2)

  • Application of amendment

    • 61 (2) Subsection (1) applies only in respect of cases in which the hearing before the Pension Appeals Board takes place after the coming into force of this section.

• — R.S., 1985, c. 51 (4th Supp.), s. 24

  • Appeals pending before Federal Court

    24 Any appeal or proceeding instituted under the Income Tax Act or the Petroleum and Gas Revenue Tax Act and pending before the Federal Court of Canada on the day on which this section comes into force and that would, but for this section, have become subject to the jurisdiction of the Tax Court of Canada shall be continued, heard and disposed of, and any amendment to such an appeal made under paragraph 165(7)(b) of the Income Tax Act shall be heard and disposed of, before the Federal Court of Canada as though this Act and sections 13 to 26 and 45 of An Act to amend the Tax Court of Canada Act and other Acts in consequence thereof, chapter 61 of the Statutes of Canada, 1988, had not been enacted.

• — R.S., 1985, c. 51 (4th Supp.), s. 26

  • Appeals pending

    • 26 (1) Any appeal or proceeding instituted under the Income Tax Act or the Petroleum and Gas Revenue Tax Act and pending before the Tax Court of Canada on the day on which this section comes into force shall be heard and disposed of, and any amendment to an appeal made under paragraph 165(7)(b) of the Income Tax Act shall be heard and disposed of, by that Court as though this Act and sections 13 to 26 and 45 of An Act to amend the Tax Court of Canada Act and other Acts in consequence thereof, chapter 61 of the Statutes of Canada, 1988, had not been enacted.

    • Income Tax Act

      (2) For greater certainty, an appeal instituted under the Income Tax Act and referred to in subsection (1) shall be heard and disposed of, and all rights and obligations with respect to such an appeal shall apply, as though section 164, subsections 165(3), (4) and (7), 167(4) and (5), sections 170 and 171, subsections 172(1) to (3) and 173(1) and (2), sections 174 to 178 and 179.1 and subsections 225.1(3) to (5), 230(6), 239(4) and 247(3) were read as they existed immediately prior to the coming into force of this section.

• — R.S., 1985, c. 51 (4th Supp.), s. 27

  • Appeal to Federal Court

    27 An appeal from a decision in an appeal or other proceeding that has been instituted before the Tax Court of Canada under the Income Tax Act or the Petroleum and Gas Revenue Tax Act before the coming into force of this section shall be instituted before the Federal Court — Trial Division as though this Act and sections 13 to 26 and 45 of An Act to amend the Tax Court of Canada Act and other Acts in consequence thereof, chapter 61 of the Statutes of Canada, 1988, had not been enacted.

• — R.S., 1985, c. 51 (4th Supp.), s. 28

  • Former practice in Tax Court of Canada

    28 All rules regulating the practice and procedure before the Tax Court of Canada on the day on which this section comes into force shall, to the extent that they are not inconsistent with this Act, remain in force for appeals or proceedings referred to in section 18, 18.29 or 18.3 of the Tax Court of Canada Act, as amended by section 5, or proceedings in respect of which a request under subsection 18.33(1) of that Act, as enacted by section 5, has been granted, until amended, varied or revoked by the rules committee under section 20 of the Tax Court of Canada Act.

• — R.S., 1985, c. 51 (4th Supp.), s. 29

  • Practice in Federal Court — Trial Division

    29 All provisions of law and rules and orders regulating the practice and procedure in the Trial Division of the Federal Court of Canada that are not inconsistent with this Act or the Tax Court of Canada Act and are in force on the day on which this section comes into force shall apply, with such modifications as the circumstances require, in respect of all appeals and other proceedings in the Tax Court of Canada, other than appeals or proceedings referred to in section 26, 28 or 30, until amended, varied or revoked by the rules committee under section 20 of the Tax Court of Canada Act.

• — R.S., 1985, c. 51 (4th Supp.), s. 30

  • Practice in Pension Appeals Board

    30 All provisions of law and rules and orders regulating the practice and procedure before the Pension Appeals Board in force on the day on which this section comes into force shall apply, with such modifications as the circumstances require, in respect of all appeals and other proceedings in the Tax Court of Canada arising under Part I of the Canada Pension Plan until amended, varied or revoked by the rules committee under section 20 of the Tax Court of Canada Act.

• — 2002, c. 8, ss. 185(1) to (7)

  • Chief Justice of Federal Court of Canada

    • 185 (1) The person holding the office of Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court of Appeal.

    • Associate Chief Justice of Federal Court of Canada

      (2) The person holding the office of Associate Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court.

    • Other judges in the Federal Court — Appeal Division

      (3) Every other person holding office as a judge or supernumerary judge of the Federal Court — Appeal Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court of Appeal.

    • Other judges in the Federal Court — Trial Division

      (4) Every other person holding office as a judge or supernumerary judge of the Federal Court — Trial Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court.

    • Prothonotaries

      (5) Every person holding office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary, as the case may be, of the Federal Court.

    • Sheriffs

      (6) Every person holding office as sheriff or deputy sheriff of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as sheriff or deputy sheriff, as the case may be, of the Federal Court of Appeal and the Federal Court.

    • Commissioner for taking oaths

      (7) Every person who on the coming into force of section 1 of this Act was empowered to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Canada because of a commission under subsection 54(2) of the Federal Court Act is empowered in or outside Canada to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Appeal and the Federal Court as though the person had been so empowered by a commission under subsection 54(2) of the Federal Courts Act.

• — 2002, c. 8, ss. 185(13), (14)

  • Letters patent

    • 185 (13) Letters patent under the Great Seal may be issued under the authority of the Governor in Council to each of the persons referred to in subsections (1) to (4), (8) and (9) evidencing the person’s office by virtue of this section.

    • Transfer of court employees

      (14) Nothing in this Act shall be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the coming into force of section 1 of this Act, occupied a position in or was a member of the staff of the Federal Court of Canada or the Tax Court of Canada, except that the employee, on that coming into force, occupies that position in the Courts Administration Service under the authority of the Chief Administrator of that Service.

• — 2002, c. 8, s. 187

  • Judicial review rules to apply to certain appeals

    • 187 (1) The provisions of the Federal Court Rules, 1998 that govern applications to the Federal Court of Appeal under section 28 of the Federal Courts Act apply to appeals to the Federal Court of Appeal under subsection 27(1.2) of that Act, with any modifications that the circumstances require, until other provisions are made to govern those appeals.

    • Other provisions to remain in force

      (2) All provisions of law and rules and orders regulating the practice and procedure in the Federal Court of Canada on the coming into force of section 1 of this Act remain in force until amended, repealed or otherwise determined, to the extent that they are not inconsistent with the provisions of this Act.

• — 2002, c. 8, s. 188

  • Court proceedings to continue

    188 Every proceeding taken in the Federal Court of Canada before the coming into force of section 1 of this Act shall be continued in conformity with the Federal Courts Act.

• — 2002, c. 8, s. 191

  • Rules made previously

    191 Rules that were made under section 46 of the Federal Court Act before the coming into force of section 44 of this Act are deemed to have been validly made and continue to have force as though they had been made under section 46 of the Federal Courts Act, as amended by section 44 of this Act.

• — 2013, c. 40, s. 440

  • Applications for judicial review

    440 A decision of an adjudicator, as defined in subsection 2(1) of the Public Service Labour Relations Act, in respect of which an application for judicial review has been made before the day on which subsection 366(1) of this Act comes into force is to be dealt with as if that subsection had not come into force.

• — 2014, c. 39, s. 329

  • Salary

    329 Despite section 10.1 of the Judges Act, a prothonotary of the Federal Court is only entitled to be paid, in respect of the period beginning on April 1, 2012 and ending on the day on which this section comes into force, the difference between the salary described in that section 10.1 and any salary paid or payable to the prothonotary for the same period under the Federal Courts Act.

• — 2014, c. 39, s. 330

  • Election

    • 330 (1) A prothonotary of the Federal Court who holds office on the day on which this section comes into force will continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, as if subsection 12(5) of the Federal Courts Act was not repealed, if the prothonotary makes an election to that effect. The election must be made in writing, signed by the prothonotary, and sent to the President of the Treasury Board within six months after the day on which this section comes into force.

    • Election irrevocable

      (2) An election made under subsection (1) is irrevocable.

    • No election — no prior pensionable service

      (3) If a prothonotary does not make an election under subsection (1) and the prothonotary did not have any pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,

      • (a) the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;

      • (b) the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;

      • (c) the prothonotary is not entitled to a return of contributions under subsection 12(3) of that Act in respect of any period during which the prothonotary held the office of prothonotary;

      • (d) the period during which the prothonotary held the office of prothonotary is not counted as pensionable service for the purposes of that Act;

      • (e) if the prothonotary made an election under subsection 51(1) of that Act, the election is deemed never to have been made; and

      • (f) subsection 51(2) of that Act does not apply to the prothonotary.

    • No election — prior pensionable service

      (4) If a prothonotary does not make an election under subsection (1) and the prothonotary had pensionable service to their credit for the purposes of the Public Service Superannuation Act before holding the office of prothonotary,

      • (a) the prothonotary ceases to be deemed to be employed in the public service for the purposes of that Act on the day on which this section comes into force;

      • (b) the prothonotary is not entitled to a refund of any contributions made by the prothonotary under that Act in respect of any period during which the prothonotary held the office of prothonotary;

      • (c) the period during which the prothonotary held the office of prothonotary before the day on which this section comes into force is not counted as pensionable service for the purposes of that Act, other than for the purposes of sections 12 and 13 of that Act;

      • (d) despite subsection 69(3) of that Act, for the purposes of section 69 of that Act, the retirement year or retirement month of the prothonotary is the year or month, as the case may be, in which the prothonotary was appointed to the office of prothonotary; and

      • (e) for the purposes of Part II of that Act, the prothonotary’s salary is their salary in the public service on the day before the day on which they were appointed to the office of prothonotary, expressed in terms of an annual rate.

• — 2021, c. 23, s. 238

  • Definitions

    238 The following definitions apply in this section and sections 239 to 243.

    Appeal Division

    Appeal Division means the Appeal Division of the Tribunal. (division d’appel)

    former Act

    former Act means the Department of Employment and Social Development Act as it read immediately before the day on which this Division comes into force. (ancienne loi)

    General Division

    General Division means the General Division of the Tribunal. (division générale)

    Income Security Section

    Income Security Section means the Income Security Section of the General Division of the Tribunal. (section de la sécurité du revenu)

    new Act

    new Act means the Department of Employment and Social Development Act as it reads on the day on which this Division comes into force. (nouvelle loi)

    Tribunal

    Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act. (Tribunal)

• — 2021, c. 23, s. 239

  • Clarification — immediate application

    239 For greater certainty, but subject to sections 240 to 242, the new Act applies in respect of applications and appeals that are ongoing on the day on which this Division comes into force.

• — 2021, c. 23, s. 240

  • Time limit for appeals — summary dismissal

    • 240 (1) An appeal of a decision made by the General Division under section 53 of the former Act must be brought to the Appeal Division within 90 days after the day on which this Division comes into force. Despite subsection 56(1) of the new Act, no leave is necessary.

    • Appeals — summary dismissal

      (2) An appeal of a decision made by the General Division under section 53 of the former Act that is ongoing on the day on which this Division comes into force, or that is referred to in subsection (1), is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.

    • Federal Court

      (3) Despite paragraph 28(1)(g.1) of the Federal Courts Act, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division that relates to an appeal brought under subsection 53(3) of the former Act or that is referred to in subsection (1).

    • Judicial review

      (4) If, following a judicial review referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.

• — 2021, c. 23, s. 241

  • Applications under section 66 of former Act

    • 241 (1) An application under section 66 of the former Act that is ongoing before the General Division or Appeal Division on the day on which this Division comes into force is to be dealt with in accordance with that section 66.

    • Referral back to General Division

      (2) If, following an appeal of a decision made by the General Division under section 66 of the former Act, the Appeal Division refers the matter back to the General Division, the matter is to be dealt with in accordance with that section 66.

    • Applications for leave to appeal — decision under section 66 of former Act

      (3) An application for leave to appeal a decision made by the General Division under section 66 of the former Act is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

    • Appeals — decisions under section 66 of former Act

      (4) If leave to appeal is granted, the appeal is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the appeal is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.

    • Judicial review — leave to appeal

      (5) If, following a judicial review of a decision of the Appeal Division referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

    • Judicial review — appeals

      (6) If, following a judicial review of a decision of the Appeal Division referred to in subsection (4), the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the matter is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.

• — 2021, c. 23, s. 242

  • Applications for leave to appeal — Income Security Section

    • 242 (1) An application for leave to appeal a decision of the Income Security Section that is ongoing on the day on which this Division comes into force is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

    • Ongoing appeals

      (2) An appeal of a decision of the Income Security Section that is ongoing on the day on which this Division comes into force, or an appeal that results from an application for leave to appeal referred to in subsection (1) that is granted, is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.

    • Federal Court — before coming into force

      (3) In the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

    • Federal Court — after coming into force

      (4) In the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(5), if, on or after the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.

    • Federal Court of Appeal — before coming into force

      (5) In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.

    • Federal Court Appeal — after coming into force

      (6) In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(6), if, on or after the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.

• — 2021, c. 23, s. 243

  • Interpretation of consequential amendment to Federal Courts Act

    243 For greater certainty, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division made under section 58 of the former Act before the day on which this Division comes into force.

• — 2022, c. 10, s. 372

  • Prothonotaries

    372 For greater certainty, every person who, immediately before the day on which this section comes into force, holds office as prothonotary of the Federal Court, supernumerary prothonotary of the Federal Court, prothonotary of the Tax Court of Canada or supernumerary prothonotary of the Tax Court of Canada continues in office as associate judge of the Federal Court, supernumerary associate judge of the Federal Court, associate judge of the Tax Court of Canada or supernumerary associate judge of the Tax Court of Canada, as the case may be.