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

Act current to 2017-07-03 and last amended on 2017-06-19. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2012, c. 24, s. 86, as amended by 2014, c. 20, s. 236

    • 1990, c. 8, s. 8
      • 86 (1) Paragraph 28(1)(a) of the Federal Courts Act is repealed.

      • 1990, c. 8, s. 8

        (2) Paragraph 28(1)(b) of the Act is replaced by the following:

        • (b) the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act;

  • — 2014, c. 20, s. 366(1)

    • Replacement of “trade-mark” in other Acts
      • 366 (1) Unless the context requires otherwise, “trade-mark”, “trade-marks”, “Trade-mark”, “Trade-marks”, “trade mark” and “trade marks” are replaced by “trademark”, “trademarks”, “Trademark” or “Trademarks”, as the case may be, in the English version of any Act of Parliament, other than this Act and the Trademarks Act.

  • — 2017, c. 6, s. 128

    • 1990, c. 37, s. 34(1); 2002, c. 8, s. 29

      128 Section 20 of the Federal Courts Act is replaced by the following:

      • Industrial property, exclusive jurisdiction
        • 20 (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,

          • (a) in all cases of conflicting applications for any patent of invention or for any certificate of supplementary protection under the Patent Act, or for the registration of any copyright, trade-mark, industrial design or topography within the meaning of the Integrated Circuit Topography Act; and

          • (b) in all cases in which it is sought to impeach or annul any patent of invention or any certificate of supplementary protection issued under the Patent Act, or to have any entry in any register of copyrights, trade-marks, industrial designs or topographies referred to in paragraph (a) made, expunged, varied or rectified.

        • Industrial property, concurrent jurisdiction

          (2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, certificate of supplementary protection issued under the Patent Act, copyright, trade-mark, industrial design or topography referred to in paragraph (1)(a).

  • — 2017, c. 20, s. 159

    • 159 Subsection 2(2) of the Federal Courts Act is replaced by the following:

      • Senate and House of Commons

        (2) For greater certainty, the expression federal board, commission or other tribunal, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer, the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act, the Parliamentary Protective Service or the Parliamentary Budget Officer.

      • Deeming

        (3) Despite subsection (2), the Parliamentary Budget Officer is deemed to be a federal board, commission or other tribunal for the purpose of subsection 18.3(1).

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