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

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Act current to 2022-03-22 and last amended on 2021-06-29. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2019, c. 15, s. 55

    • 2002, c. 8, s. 28

      55 Subsection 18.3(2) of the Federal Courts Act is replaced by the following:

      • Reference by Attorney General of Canada

        (2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a court martial and an officer conducting a summary hearing, as defined in subsection 2(1) of the National Defence Act, refer any question or issue of the constitutional validity, applicability or operability of an Act of Parliament or of regulations made under an Act of Parliament to the Federal Court for hearing and determination.

  • — 2019, c. 15, s. 56

    • 2002, c. 8, s. 54(1)

      56 Subsection 57(1) of the Act is replaced by the following:

      • Constitutional questions

        • 57 (1) If the constitutional validity, applicability or operability of an Act of Parliament or of the legislature of a province, or of regulations made under such an Act, is in question before the Federal Court of Appeal or the Federal Court or a federal board, commission or other tribunal, other than a court martial and an officer conducting a summary hearing, as defined in subsection 2(1) of the National Defence Act, the Act or regulation shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2).

  • — 2021, c. 23, s. 237

  • — 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.

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