Prothonotary Title Changed to Associate Judge

Summary#

This order sets the day it was made, September 23, 2022, as the day certain parts of the Budget Implementation Act, 2022, No. 1 come into force. The main practical effect is to rename the judicial office currently called “prothonotary” to associate judge in the federal courts; the change is a title update only.

What it does#

• Fixes the coming-into-force date as September 23, 2022 for specific provisions of the Budget Implementation Act, 2022, No. 1.
• Brings into force those provisions that 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.
• Changes the judicial title from “prothonotary” to associate judge for junior judicial officers in the Federal Court and the Tax Court of Canada.
• Makes no change to the legal powers, duties or functions of those officers; it is a title change only.
• Notes that while the Budget Act established the office for the Tax Court of Canada, prothonotaries had not yet been appointed there.

Who's affected#

• Current and future prothonotaries (who will now be called associate judges) in the Federal Court and the Tax Court of Canada.
• Court users who interact with those courts — including lawyers, litigants and the public — because the new title is meant to be clearer.
• Court administrators and information materials that will need to update job titles and documents.

Why it matters#

• The title change aims to reduce confusion. The old title, “prothonotary,” is unfamiliar to many people and can be mistaken for a court clerk.
• Calling these officers associate judges makes their judicial role clearer to the public and better reflects their responsibilities.
• Because the order only changes titles and not functions, it should not affect case handling or legal rights — mostly a clarity and communication improvement.