Courts Administration Service Act

An Act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, to amend the Federal Court Act, the Tax Court of Canada Act and the Judges Act, and to make related and consequential amendments to other Acts Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Courts Administration Service Act. Purposes The purposes of this Act are to facilitate coordination and cooperation among the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada for the purpose of ensuring the effective and efficient provision of administrative services to those courts; enhance judicial independence by placing administrative services at arm’s length from the Government of Canada and by affirming the roles of chief justices and judges in the management of the courts; and enhance accountability for the use of public money in support of court administration while safeguarding the independence of the judiciary. Establishment of Service The Courts Administration Service (in this Act referred to as the “Service”), consisting of the Chief Administrator of the Service and employees of the Service, is hereby established as a portion of the federal public administration. Principal office The principal office of the Service shall be in the National Capital Region described in the schedule to the National Capital Act. Other offices The Chief Administrator may, after consultation with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, establish other offices of the Service elsewhere in Canada. Appointment The Governor in Council shall appoint the Chief Administrator to hold office during pleasure for a term of up to five years. Re-appointment The Chief Administrator is eligible for re-appointment at the end of each term of office. Consultations The Minister of Justice shall consult the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada with respect to the appointment and re-appointment of the Chief Administrator and, if applicable, the termination of the Chief Administrator’s appointment. Status of Chief Administrator The Chief Administrator shall have the rank and status of a deputy head of a department. Absence or incapacity If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister of Justice shall appoint another person to act as Chief Administrator. That person may not act as Chief Administrator for more than 90 days unless the Governor in Council, on the recommendation of the Minister of Justice after consultation by that Minister with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, confirms that the person may continue to act as Chief Administrator. Powers, duties and functions The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator under this Act or any other Act of Parliament. Salary and expenses The Chief Administrator shall receive the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties and functions under this Act while absent from the Chief Administrator’s ordinary place of work. Compensation The Chief Administrator is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Chief Administrator The Chief Administrator is the chief executive officer of the Service and has supervision over and direction of its work and staff. Powers The Chief Administrator has all the powers necessary for the overall effective and efficient management and administration of all court services, including court facilities and libraries and corporate services and staffing. Duties and functions The Chief Administrator, in consultation with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, shall establish and maintain the registry or registries for those courts in any organizational form or forms and prepare budgetary submissions for the requirements of those courts and for the related needs of the Service. Limitation The powers of the Chief Administrator do not extend to any matter assigned by law to the judiciary. Judicial functions The Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada are responsible for the judicial functions of their courts, including the direction and supervision over court sittings and the assignment of judicial duties. Included powers The direction and supervision over court sittings and the assignment of judicial duties include, without restricting the generality of those terms, the power to determine the sittings of the court; assign judges to sittings; assign cases and other judicial duties to judges; determine the sitting schedules and places of sittings for judges; determine the total annual, monthly and weekly work load of judges; and prepare hearing lists and assign courtrooms. Directions by Chief Justice Officers, clerks and employees of the Service shall act at the direction of a chief justice in matters that are assigned by law to the judiciary. Directions by judge The persons referred to in subsection (3) who are assigned to or present in a courtroom shall act at the direction of the judge presiding over proceedings in the courtroom while the court is in session. Direction to Chief Administrator A chief justice may issue binding directions in writing to the Chief Administrator with respect to any matter within the Chief Administrator’s authority. Statutory Instruments Act not to apply The Statutory Instruments Act does not apply to directions issued under subsection (1). Staff to be public servants The officers, clerks and employees who are required for the purposes of the Service shall be appointed under the Public Service Employment Act. Experts The Chief Administrator may engage on a temporary basis experts or persons who have specialized knowledge for the purposes of advising and assisting the Chief Administrator in the performance of his or her duties and functions in any matter. Annual report The Chief Administrator shall, within six months after the end of each fiscal year, send to the Minister of Justice a report on the activities of the Service for that year. Tabling in Parliament The Minister of Justice shall have a copy of the report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report. [Amendments] [Amendment] [Repealed, 2001, c. 41, s. 141] General replacement Unless the context requires otherwise, the expression “Federal Court Act” is replaced by the expression “Federal Courts Act” in any regulation, as defined in section 2 of the Statutory Instruments Act; and any other instrument made in the execution of a power conferred under an Act of Parliament, or by order or under the authority of the Governor in Council. References to Federal Court — Trial Division generally Unless the context requires otherwise, the expression “Federal Court — Trial Division” is replaced by the expression “Federal Court” in Chief Justice of Federal Court of Canada 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 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 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 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 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 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 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. Chief Justice of the Tax Court of Canada The person holding the office of Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Chief Justice of the Tax Court of Canada. Associate Chief Justice of the Tax Court of Canada The person holding the office of Associate Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Associate Chief Justice of the Tax Court of Canada. Deputy judges of Tax Court of Canada A person who, on the coming into force of section 1 of this Act, was authorized to act as a deputy judge of the Tax Court of Canada may act as a deputy judge of that Court if requested to do so by the Chief Justice of the Court. Interpretation For the purposes of subsections 31(1) and (2) of the Judges Act, as enacted by subsection 90(1) of this Act, any period during which a person holds the office of Chief Justice or Associate Chief Justice of the Federal Court of Canada is deemed to be a period during which he or she holds the office of Chief Justice of the Federal Court of Appeal or the Federal Court. For greater certainty For greater certainty, for the purposes of sections 31, 43 and 44 of the English version of the Judges Act, “Chief Justice” and “Associate Chief Justice” include “Chief Judge” and “Associate Chief Judge”, respectively. Letters patent 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 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. Jurisdiction Any jurisdiction of the Federal Court of Appeal or the Federal Court created by this Act shall be exercised in respect of matters arising before or after the coming into force of section 1 of this Act. Judicial review rules to apply to certain appeals 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 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. Court proceedings to continue 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. Court premises and supplies All premises and supplies assigned to the Federal Court of Canada and the Tax Court of Canada on the coming into force of section 1 of this Act shall be assigned to the Courts Administration Service. Appropriations Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Registry of the Federal Court of Canada and the Registry of the Tax Court of Canada, is an amount appropriated for defraying the charges and expenses of the Courts Administration Service. Rules made previously 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. Special Import Measures Act Subsection 12(1.1), paragraphs 44(2)(a) and 59(1)(d) and subsections 77.01(1) and 77.1(1) of the Special Import Measures Act, as enacted or amended by sections 169 to 173 of this Act, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act. Coming into force The provisions of this Act, other than sections 193 to 198, and the provisions of any Act enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 193 to 198 in force on assent March 27, 2002; Act, except sections 193 to 198, in force July 2, 2003, see SI/2003-109.]