Order Fixing the Day on Which this Order Is Made as the Day on Which Certain Provisions of the Budget Implementation Act, 2022, No. 1 Come into Force: SI/2022-46

Canada Gazette, Part II, Volume 156, Number 21

Registration
SI/2022-46 October 12, 2022

BUDGET IMPLEMENTATION ACT, 2022, NO. 1

Order Fixing the Day on Which this Order Is Made as the Day on Which Certain Provisions of the Budget Implementation Act, 2022, No. 1 Come into Force

P.C. 2022-1013 September 23 , 2022

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, under section 376 of the Budget Implementation Act, 2022, No. 1, chapter 10 of the Statutes of Canada, 2022, fixes the day on which this Order is made as the day on which subsections 333(3) and (4) and sections 371 to 373 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order sets the day on which it is made as the day on which subsections 333(3) and (4) and sections 371 to 373 of the Budget Implementation Act, 2022, No. 1 come into force, pursuant to section 376 of that Act. These provisions will amend the Judges Act, the Federal Courts Act, the Tax Court of Canada Act, the Garnishment, Attachment and Pension Diversion Act, and the Expenditure Restraint Act.

Objective

The objective of this Order is to bring into force certain amendments to the Judges Act, the Federal Courts Act, the Tax Court of Canada Act, the Garnishment, Attachment and Pension Diversion Act, and the Expenditure Restraint Act, changing the title of prothonotaries of the Federal Court and Tax Court of Canada from “prothonotary” to “associate judge.”

Background

The title “prothonotary” is currently used for junior judicial officers appointed by the Governor in Council to the Federal Court and Tax Court of Canada. At the Federal Court, prothonotaries perform a range of functions, including case management duties and the hearing of interlocutory matters. The Budget Implementation Act, 2022, No. 1 established the office of prothonotary of the Tax Court of Canada; however, prothonotaries have not yet been appointed to that Court.

Changing the title to “associate judge” is intended to provide clarity and be more broadly understood by court users. The title “prothonotary” is not well known and is often misunderstood. The title frequently confuses court users, who assume that prothonotaries are court clerks rather than judicial officers. The title is archaic, with roots in church hierarchy that are not related to the Federal Court.

Federal Court prothonotaries and several chief justices of the Federal Court have long sought a change in title for prothonotaries, including through Court committee consideration and recommendation, a practice direction, and a 2020 discussion paper.

Amendments to change the title “prothonotary” to “associate judge” were included in the Budget Implementation Act, 2022, No. 1, which received royal assent on June 23, 2022.

Implications

This Order establishes when the amendments come into force. It will allow for the implementation of the change in title from “prothonotary” to “associate judge,” which will offer clarity for court users and will appropriately reflect the responsibility and importance of the office. This is a title change only. This change will not affect the powers, duties or functions of prothonotaries.

Consultation

Prothonotaries and several chief justices of the Federal Court have long sought a change to this title. The Minister of Justice has advised the chief justices of the Federal Court of Appeal, Federal Court and Tax Court of Canada, as well as the Commissioner for Federal Judicial Affairs, of the title change. Stakeholders, including the affected courts and the prothonotaries, support this change.

Contact

Melissa Moor
Counsel
Judicial Affairs Section
Public Law and Legislative Services Sector
Department of Justice Canada
Telephone: 343‑553‑0914
Email: Melissa.Moor@justice.gc.ca