GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal-Provincial Fiscal Arrangements Act — F-7.8
provincial auditor means such person as is charged by law with the audit of the accounts of a province; ( vérificateur provincial )
Federal-Provincial Fiscal Arrangements Act — F-7.8
secondary institution , in respect of a province, means an institution in that province that offers at a post-secondary level only prescribed programs of study. ( établissement secondaire )
Federal-Provincial Fiscal Arrangements Act — F-7.8 17
Failure to file return 17 Where a provincial return of operating expenditures for a fiscal year as described in subsection 16(2) has not been submitted to the Secretary of State of Canada, (a) in the case of the fiscal year commencing on the 1st day of April 1967, within twelve months after the end of the fiscal year, and (b) in the case of any subsequent fiscal year, within nine months after the end of the fiscal year, the Secretary of State of Canada, in determining the operating expenditures for post-secondary education in the province in the fiscal year, shall have recourse to and be guided by such information available to him as he considers appropriate, but in no such case shall the amount determined by the Secretary of State of Canada to be equal to fifty per cent of the operating expenditures for post-secondary education in the province in the fiscal year be less than the product obtained by multiplying $15 by the population of the province for the calendar year ending in the fiscal year. 1966-67, c. 89, s. 17
Federal-Provincial Fiscal Arrangements Act — F-7.8 18
Report of Minister of Supply and Services 18 The Minister of Supply and Services may, after consultation with the appropriate provincial authority, (a) examine any financial return for a fiscal year in respect of an educational institution, as described in subsection 16(3), and (b) request and receive from the independent auditor who certified any financial return for a fiscal year in respect of an educational institution, as described in subsection 16(3), such information, reports and explanations as he deems necessary in order to satisfy himself as to the method and procedure employed by such auditor in determining the operating expenditures incurred for post-secondary education by that institution during its financial year related to the fiscal year, and shall make such report to the Secretary of State of Canada in respect thereof as he considers appropriate. 1966-67, c. 89, s. 18; 1968-69, c. 28, s. 105
Federal-Provincial Fiscal Arrangements Act — F-7.8 19
C.R.F. 19 The amounts authorized to be paid by section 12 shall be paid out of the Consolidated Revenue Fund at such times and in such manner as may be prescribed. 1966-67, c. 89, s. 19
Federal-Provincial Fiscal Arrangements Act — F-7.8 20
Tax collection agreements 20 (1) Where a province imposes taxes on the income of individuals or corporations or both, the Minister, with the approval of the Governor in Council, may, on behalf of the Government of Canada, enter into an agreement with the government of the province pursuant to which the Government of Canada will collect the provincial taxes on behalf of the province and will make payments to the province in respect of the taxes so collected, in accordance with such terms and conditions as the agreement prescribes. Amendments to agreements (2) The Minister, with the approval of the Governor in Council, may, on behalf of the Government of Canada, enter into an agreement amending the terms and conditions of an agreement entered into pursuant to subsection (1). Application of requirements of provincial law to certain persons (3) Where the law of a province that imposes a tax on income as described in subsection (1) contains provisions requiring every person making a payment of a specified kind to another person to deduct or withhold therefrom an amount and to remit that amount on account of such tax, effect may be given to those provisions, in accordance with the regulations, in relation to persons to whom such payments are made out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada. 1966-67, c. 89, s. 20
Federal-Provincial Fiscal Arrangements Act — F-7.8 21
Agreements under former Act 21 Where an agreement was entered into pursuant to subsection 6(1) or (2) of the former Act, the agreement shall be deemed to have been entered into pursuant to subsection 20(1). 1966-67, c. 89, s. 21
Federal-Provincial Fiscal Arrangements Act — F-7.8 22
Advance payments under agreements 22 Where a province has entered into a tax collection agreement, the Minister, in accordance with the regulations, may make advance payments to the province out of the Consolidated Revenue Fund on account of any amount that may become payable to the province pursuant to the agreement. 1966-67, c. 89, s. 22
Federal-Provincial Fiscal Arrangements Act — F-7.8 23
Regulations 23 The Governor in Council may make regulations (a) defining, for the purposes of this Act, (i) the expression revenue base in subsection 8(2), (ii) the expressions in paragraphs (a) to (p) of the definition revenue source in subsection 8(2), (iii) the expressions junior matriculation and post-secondary level in subsection 11(1), (iv) the expression assisted, sponsored or contract research , and (v) the expression operating expenditures incurred for post-secondary education by or in respect of an educational institution or secondary institution; (b) respecting the payment to a province of advances on account of any amount that may become payable to the province pursuant to this Act or a tax collection agreement, the adjustment of other payments by reason of such advances and the recovery of overpayments; (c) prescribing the time and manner of making any payment under this Act or a tax collection agreement; (d) prescribing the accounts to be kept and their management; (e) respecting the determination of any matter that under this Act is to be determined by the Minister or the Secretary of State of Canada; (f) respecting any matter that by this Act is to be defined, provided or prescribed by, or done in accordance with, the regulations; and (g) generally for carrying into effect the purposes and provisions of this Act. 1966-67, c. 89, s. 23
Federal Courts Act — F-7 1
Short title 1 This Act may be cited as the Federal Courts Act . R.S., 1985, c. F-7, s. 1; 2002, c. 8, s. 14
Federal Courts Act — F-7 2
 deemed to be a federal board, commission or other tribunal for the purpose of subsection 18.3(1). R.S., 1985, c. F-7, s. 2; 1990, c. 8, s. 1; 2001, c. 6, s. 115; 2002, c. 8, s. 15; 2004, c. 7, ss. 7, 38; 2006, c. 9, ss. 5, 38; 2015, c. 36, s. 124; 2017, c. 20, s. 159 2022, c. 10, s. 364 2022, c. 10, s. 371
Federal Courts Act — F-7
action for collision includes an action for damage caused by one or more ships to another ship or ships or to property or persons on board another ship or ships as a result of carrying out or omitting to carry out a manoeuvre, or as a result of non-compliance with law, even though there has been no actual collision; ( action pour collision )
Federal Courts Act — F-7
Associate Chief Justice [Repealed, 2002, c. 8, s. 15]
Federal Courts Act — F-7
Canadian maritime law means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty Act , chapter A-1 of the Revised Statutes of Canada, 1970, or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this Act or any other Act of Parliament; ( droit maritime canadien )
Federal Courts Act — F-7
Chief Justice [Repealed, 2002, c. 8, s. 15]
Federal Courts Act — F-7
Court of Appeal [Repealed, 2002, c. 8, s. 15]
Federal Courts Act — F-7
Crown means Her Majesty in right of Canada; ( Couronne )
Federal Courts Act — F-7
federal board, commission or other tribunal means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made under a prerogative of the Crown, other than the Tax Court of Canada or any of its judges or associate judges, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96 of the Constitution Act, 1867 ; ( office fédéral )
Federal Courts Act — F-7
Federal Court of Appeal [Repealed, 2002, c. 8, s. 15]
Federal Courts Act — F-7
final judgment means any judgment or other decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding; ( jugement définitif )
Federal Courts Act — F-7
practice and procedure includes evidence relating to matters of practice and procedure; ( pratique et procédure )
Federal Courts Act — F-7
property means property of any kind, whether real or personal or corporeal or incorporeal, and, without restricting the generality of the foregoing, includes a right of any kind, a share or a chose in action; ( biens )
Federal Courts Act — F-7
Registry means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act; ( greffe )
Federal Courts Act — F-7
relief includes every species of relief, whether by way of damages, payment of money, injunction, declaration, restitution of an incorporeal right, return of land or chattels or otherwise; ( réparation )
Federal Courts Act — F-7
Rules means provisions of law and rules and orders made under section 46; ( règles )
Federal Courts Act — F-7 (a)
ship means any vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion, and includes (a) a ship in the process of construction from the time that it is capable of floating, and (b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up. ( navire )
Federal Courts Act — F-7
Supreme Court [Repealed, 1990, c. 8, s. 1]
Federal Courts Act — F-7
Trial Division [Repealed, 2002, c. 8, s. 15]
Federal Courts Act — F-7 3
Federal Court — Appeal Division continued 3 The division of the Federal Court of Canada called the Federal Court — Appeal Division is continued under the name “Federal Court of Appeal” in English and “Cour d’appel fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction. R.S., 1985, c. F-7, s. 3; 1993, c. 34, s. 68(F); 2002, c. 8, s. 16
Federal Courts Act — F-7 4
Federal Court — Trial Division continued 4 The division of the Federal Court of Canada called the Federal Court — Trial Division is continued under the name “Federal Court” in English and “Cour fédérale” in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction. R.S., 1985, c. F-7, s. 4; 2002, c. 8, s. 16
Federal Courts Act — F-7 5
Constitution of Federal Court of Appeal 5 (1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 14 other judges. Supernumerary judges (2) For each office of judge of the Federal Court of Appeal, there is an additional office of supernumerary judge that a judge of the Federal Court of Appeal may elect under the Judges Act to hold. Additional office of judge (3) For the office of Chief Justice of the Federal Court of Appeal, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold. Judges of Federal Court (4) Every judge of the Federal Court is, by virtue of his or her office, a judge of the Federal Court of Appeal and has all the jurisdiction, power and authority of a judge of the Federal Court of Appeal. R.S., 1985, c. F-7, s. 5; R.S., 1985, c. 41 (1st Supp.), s. 11; 1992, c. 49, s. 127; 1996, c. 22, s. 1; 2001, c. 41, ss. 95, 144; 2002, c. 8, s. 16 2021, c. 23, s. 254 2022, c. 10, s. 365
Federal Courts Act — F-7 5.1
Constitution of Federal Court 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, an associate chief justice called the Associate Chief Justice of the Federal Court and 39 other judges. Supernumerary judges (2) For each office of judge of the Federal Court, there is an additional office of supernumerary judge that a judge of the Federal Court may elect under the Judges Act to hold. Additional office of judge (3) For each of the offices of Chief Justice of the Federal Court and Associate Chief Justice of the Federal Court, there is an additional office of judge that the Chief Justice and Associate Chief Justice may elect under the Judges Act to hold. Judges of Federal Court of Appeal (4) Every judge of the Federal Court of Appeal is, by virtue of that office, a judge of the Federal Court and has all the jurisdiction, power and authority of a judge of the Federal Court. 2001, c. 41, s. 144; 2002, c. 8, s. 16; 2010, c. 8, s. 41; 2018, c. 12, s. 304 2019, c. 29, s. 311
Federal Courts Act — F-7 5.2
Appointment of judges 5.2 The judges of the Federal Court of Appeal and the Federal Court are to be appointed by the Governor in Council by letters patent under the Great Seal. 2002, c. 8, s. 16
Federal Courts Act — F-7 5.3
Who may be appointed judge 5.3 A person may be appointed a judge of the Federal Court of Appeal or the Federal Court if the person (a) is or has been a judge of a superior, county or district court in Canada; (b) is or has been a barrister or advocate of at least 10 years standing at the bar of any province; or (c) has, for at least 10 years, (i) been a barrister or advocate at the bar of any province, and (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province. 2002, c. 8, s. 16
Federal Courts Act — F-7 5.4
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; 2006, c. 11, s. 20
Federal Courts Act — F-7 6
Rank and precedence 6 (1) The Chief Justices of the Federal Court of Appeal and the Federal Court and the other judges of those courts have rank and precedence among themselves in the following order: (a) the Chief Justice of the Federal Court of Appeal; (b) the Chief Justice of the Federal Court; (b.1) the Associate Chief Justice of the Federal Court; (c) the other judges of the Federal Court of Appeal, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court of Appeal; and (d) the other judges of the Federal Court, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court. Absence or incapacity of Chief Justice — Federal Court of Appeal (2) If the office of Chief Justice of the Federal Court of Appeal is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed by (a) the judge of the Federal Court of Appeal who has been designated for that purpose by the Chief Justice of that Court; or (b) if no judge has been designated under paragraph (a), or if the judge so designated is absent from Canada or is unable or unwilling to act, the senior judge of that 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 . Absence or incapacity of Chief Justice — Federal Court (2.1) If the office of Chief Justice of the Federal Court is vacant, or the Chief Justice is absent from Canada or is for any reason unable to act, the powers and duties of the Chief Justice shall be exercised and performed (a) by the Associate Chief Justice of the Federal Court; (b) if the office of Associate Chief Justice is vacant, or the Associate Chief Justice is absent from Canada or is for any reason unable to act, by a judge of that court designated by the Chief Justice for that purpose; or (c) if no judge has been designated under paragraph (b), or if the judge so designated is absent from Canada or is unable or unwilling to act, by the senior judge of that 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 . R.S., 1985, c. F-7, s. 6; 2002, c. 8, s. 16; 2006, c. 11, s. 21; 2018, c. 12, s. 305
Federal Courts Act — F-7 7
Residence of judges 7 (1) The judges of the Federal Court of Appeal and the Federal Court shall reside in the National Capital Region described in the schedule to the National Capital Act or within 40 kilometres of that Region. 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. No judge to be away for more than one month (3) No judge shall be required under rules made under subsection (2) to remain in any centre other than the National Capital Region for a period longer than one month, unless it becomes necessary to do so to complete the hearing of a cause or matter. R.S., 1985, c. F-7, s. 7; 2002, c. 8, s. 17; 2006, c. 11, s. 22(E)
Federal Courts Act — F-7 8
Tenure of office 8 (1) Subject to subsection (2), the judges of the Federal Court of Appeal and the Federal Court hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons. Cessation of office (2) A judge of the Federal Court of Appeal or the Federal Court ceases to hold office on becoming 75 years old. Transitional (3) A judge who holds office on March 1, 1987 may retire at the age of seventy years. R.S., 1985, c. F-7, s. 8; R.S., 1985, c. 16 (3rd Supp.), s. 7; 2002, c. 8, s. 18
Federal Courts Act — F-7 9
Oath of office for judges 9 (1) Before judges of the Federal Court of Appeal or the Federal Court begin to perform their duties as judges, they shall take an oath that they will duly and faithfully execute their powers and trusts as judges to the best of their skill and knowledge. How administered — Federal Court of Appeal (2) The oath shall be administered to the Chief Justice of the Federal Court of Appeal before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court. How administered — Federal Court (3) The oath shall be administered to the Chief Justice of the Federal Court before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court. R.S., 1985, c. F-7, s. 9; 2002, c. 8, s. 19
Federal Courts Act — F-7 10
Deputy judges of the Federal Court of Appeal 10 (1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court of Appeal made with the approval of the Governor in Council, act as a judge of the Federal Court of Appeal, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court. Deputy judges of the Federal Court (1.1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court made with the approval of the Governor in Council, act as a judge of the Federal Court, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court. Consent required (2) No request may be made under subsection (1) or (1.1) to a judge of a superior, county or district court in a province without the consent of the chief justice or chief judge of the court of which he or she is a member, or of the attorney general of the province. Approval of Governor in Council (3) The Governor in Council may approve the making of requests under subsection (1) or (1.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section. Salary of deputy judge (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 and the Associate 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 . R.S., 1985, c. F-7, s. 10; 2002, c. 8, s. 19; 2018, c. 12, s. 306
Federal Courts Act — F-7 10.1
Meetings 10.1 The judges of the Federal Court of Appeal shall meet at least once in each year, on a day fixed by the Chief Justice of the court, in order to consider this Act, the Rules and the administration of justice, as shall the judges of the Federal Court on a day fixed by the Chief Justice of that court. 2002, c. 8, s. 19
Federal Courts Act — F-7 11
Barrister or advocate 11 (1) Every person who is a barrister or an advocate in a province may practise as a barrister or an advocate in the Federal Court of Appeal or the Federal Court. Attorney or solicitor (2) Every person who is an attorney or a solicitor in a superior court of a province may practise as an attorney or a solicitor in the Federal Court of Appeal or the Federal Court. Officers of court (3) Every person who may practise as a barrister, an advocate, an attorney or a solicitor in the Federal Court of Appeal or the Federal Court is an officer of that Court. R.S., 1985, c. F-7, s. 11; 2002, c. 8, s. 19