Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)

359 Subsection 42(4) of the Act is replaced by the following:

360 The definition judicial office in subsection 43.1(6) of the Act is replaced by the following:

361 Subsection 50(5) of the Act is replaced by the following:

362 Paragraph 69(1)(a) of the Act is replaced by the following:

363 Section 71 of the Act is replaced by the following:

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

364 The definition federal board, commission or other tribunal in subsection 2(1) of the Federal Courts Act is replaced by the following:

365 Subsection 5(1) of the Act is replaced by the following:

• 366 (1) Section 12 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Number of prothonotaries

    (2) The Governor in Council may, by regulation, fix the number of prothonotaries that may be appointed under subsection (1).

  • Marginal note:Supernumerary prothonotaries

    (2.1) For each office of prothonotary of the Federal Court, there is an additional office of supernumerary prothonotary that a prothonotary of the Federal Court may elect under the Judges Act to hold.

• (2) Section 12 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Workload — supernumerary prothonotaries

    (5) The Governor in Council may, by regulation, fix the workload of a supernumerary prothonotary as a percentage of the workload of a prothonotary.

R.S., c. T-2Tax Court of Canada Act

367 Paragraph 4(1)(c) of the Tax Court of Canada Act is replaced by the following:

368 The Act is amended by adding the following after section 11:

369 Subsection 20(1.1) of the Act is amended by striking out “and” at the end of paragraph (k), by adding “and” at the end of paragraph (l) and by adding the following after paragraph (l):

370 Paragraph 22(1)(c) of the Act is replaced by the following:

Terminology Changes

Marginal note:Replacement of “prothonotary” and “prothonotaries”

371 Every reference to “prothonotary” and “prothonotaries” is replaced by a reference to “associate judge” and “associate judges”, respectively, in the following provisions:

• (a) in the Federal Courts Act,

  • (i) the definition federal board, commission or other tribunal in subsection 2(1),

  • (ii) section 12 and the heading before it,

  • (iii) paragraph 45.1(1)(b), and

  • (iv) paragraphs 46(1)(h) and (i);

• (b) in the Garnishment, Attachment and Pension Diversion Act,

  • (i) paragraph (a) of the definition salary in section 4, and

  • (ii) section 5;

• (c) in the Judges Act,

  • (i) the definitions age of retirement and survivor in section 2,

  • (ii) section 2.1,

  • (iii) the heading of Part I,

  • (iv) section 10.1,

  • (v) section 11.1,

  • (vi) section 26.11,

  • (vii) subsection 26.3(3),

  • (viii) subsections 26.4(1) and (3),

  • (ix) subsection 27(1.1),

  • (x) the heading before section 28,

  • (xi) section 30,

  • (xii) subsection 42(4),

  • (xiii) the definition judicial office in subsection 43.1(6),

  • (xiv) subsection 50(5),

  • (xv) paragraph 69(1)(a), and

  • (xvi) section 71;

• (d) in the Tax Court of Canada Act,

  • (i) section 11.1 and the heading before it,

  • (ii) paragraph 20(1.1)(m), and

  • (iii) paragraph 22(1)(c); and

• (e) subsection 13(4) of the Expenditure Restraint Act.

Transitional Provisions

Marginal note: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.

Marginal note:Judges Act

373 For greater certainty, for the purposes of the Judges Act, nothing in section 371 of this Act affects the number of years during which a person who held office as prothonotary, as defined in that Act as it read immediately before the day on which this section comes into force, has continued in judicial office.

Marginal note:Tax Court of Canada Act

374 Despite paragraph 22(1)(c) of the Tax Court of Canada Act, the rules committee referred to in that Act may exercise its powers and perform its duties without the designation, as a member of the rules committee, of a person appointed under section 11.1 of that Act until a person is first appointed under that section.

Coordinating Amendments

Marginal note:Bill C-9

• 375 (1) Subsections (2) to (10) apply if Bill C-9, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Judges Act (in this section referred to as the “other Act”), receives royal assent.

• (2) The reference to “Minister of Justice of Canada” is replaced with “Minister” in section 30 of the Judges Act.

• (3) If section 2 of the other Act comes into force before subparagraph 371(c)(ii) of this Act, then subsection 2.1(1) of the Judges Act is replaced by the following:

  Marginal note:Application to prothonotaries

  • 2.1 (1) Subject to subsection (2), sections 26 to 26.‍3, 34 and 39, paragraphs 40(1)‍(a) and (b), subsection 40(2), sections 41, 41.‍2 to 42, 43.‍1 to 56 and 57, paragraph 60(2)‍(b) and Part IV also apply to a prothonotary.

• (4) If subparagraph 371(c)(ii) of this Act comes into force before section 2 of the other Act, then subsection 2.1(1) of the Judges Act is replaced by the following:

  Marginal note:Application to associate judges

  • 2.1 (1) Subject to subsection (2), sections 26 to 26.‍3, 34 and 39, paragraphs 40(1)‍(a) and (b), subsection 40(2), sections 41, 41.‍2 to 42, 43.‍1 to 56 and 57, paragraph 60(2)‍(b) and Part IV also apply to an associate judge.

• (5) If section 2 of the other Act comes into force on the same day as subparagraph 371(c)(ii) of this Act, then that subparagraph 371(c)(ii) is deemed to have come into force before that section 2 and subsection (4) applies as a consequence.

• (6) If section 10 of the other Act comes into force before section 362 of this Act, then

  • (a) that section 362 and section 363 of this Act are deemed never to have come into force and are repealed;

  • (b) section 79 of the Judges Act is replaced by the following:

    Marginal note:Definition of judicial office

    79 In this Division, judicial office includes the office of a prothonotary.

  • (c) paragraph 371(c) of this Act is amended by adding “and” after subparagraph (xiv) and by replacing subparagraphs (xv) and (xvi) with the following:

    • (xv) section 79;

• (7) If section 362 of this Act comes into force before section 10 of the other Act and that section 10 comes into force before subparagraph 371(c)(xv) of this Act, then

  • (a) section 79 of the Judges Act is replaced by the following:

    Marginal note:Definition of judicial office

    79 In this Division, judicial office includes the office of a prothonotary.

  • (b) paragraph 371(c) of this Act is amended by adding “and” after subparagraph (xiv) and by replacing subparagraphs (xv) and (xvi) with the following:

    • (xv) section 79;

• (8) If section 10 of the other Act comes into force on the same day as section 362 of this Act, then that section 10 is deemed to have come into force before that section 362 and subsection (6) applies as a consequence.

• (9) If paragraph 371(c) of this Act comes into force before section 12 of the other Act, then section 79 of the Judges Act is replaced by the following:

  Marginal note:Definition of judicial office

  79 In this Division, judicial office includes the office of an associate judge.

• (10) If section 12 of the other Act comes into force on the same day as paragraph 371(c) of this Act, then that paragraph 371(c) is deemed to have come into force before that section 12 and subsection (9) applies as a consequence.

Coming into Force

Marginal note:Order in council

376 Subsections 333(3) and (4) and sections 371 to 373 come into force on a day to be fixed by order of the Governor in Council.

DIVISION 232001, c. 27Immigration and Refugee Protection Act

Amendments to the Act

• 377 (1) Paragraph 10.3(1)(a) of the French version of the Immigration and Refugee Protection Act is replaced by the following:

  • a) les catégories auxquelles le paragraphe 10.1(1) s’applique;

• (2) Paragraphs 10.3(1)(h) to (j) of the Act are replaced by the following:

  • (h) the basis on which an eligible foreign national may be ranked;

  • (h.1) subject to subsection (1.01), the establishment of categories of eligible foreign nationals for the purposes of ranking, which groupings may consist of

    • (i) all eligible foreign nationals,

    • (ii) eligible foreign nationals who are eligible to be members of a class referred to in an instruction given under paragraph (a), or

    • (iii) eligible foreign nationals who are eligible to be members of a category established in an instruction given under paragraph (h.2);

  • (h.2) the establishment of categories for the purposes of ranking and the criteria for eligibility to be a member of a category;

  • (i) the rank within a grouping that an eligible foreign national must occupy to be invited to make an application in respect of a class referred to in an instruction given under paragraph (a);

  • (j) the number of invitations that may be issued within a specified period in respect of a grouping;

  • (j.1) the class referred to in an instruction given under paragraph (a) in respect of which an eligible foreign national who is invited to make an application must apply, if the foreign national is eligible to be a member of more than one class;

• (3) Subsection 10.3(2) of the Act is replaced by the following:

  • Marginal note:Category — condition

    (1.01) An instruction given under paragraph (1)(h.1) must not establish a category in respect of which a public consultation process referred to in subsection 10.5(1) has not been given the opportunity to provide advice and recommendations.

  • Marginal note:Category — economic goal

    (1.1) If the Minister establishes a category in an instruction given under paragraph (1)(h.2), the Minister shall set out, in the instruction, the economic goal that the Minister seeks to support in establishing the category.

  • Marginal note:Clarification

    (2) For greater certainty, an instruction given under paragraph (1)(j) may provide that the number of invitations that may be issued in any specified period in respect of a grouping be zero.