Specific Claims Tribunal Act (S.C. 2008, c. 22)

Marginal note:Public hearings

• 27 (1) Subject to subsection (2), Tribunal hearings shall be public.

• Marginal note:Confidential hearings

  (2) The Tribunal may, on application by a party, take any measures and make any order that it considers necessary to ensure the confidentiality of a hearing if it is satisfied that the reasons for confidentiality outweigh the societal interest that the hearing be public.

Marginal note:Right to cross-examine

28 A party may cross-examine a witness

• (a) as of right, if the witness is called by a party adverse in interest; and

• (b) with leave of the Tribunal, in any other case.

Marginal note:Defences of Crown

29 Subject to section 19, section 24 of the Crown Liability and Proceedings Act applies in respect of a specific claim as if it were a proceeding.

Marginal note:Withdrawal

• 30 (1) A party may withdraw an issue from the Tribunal at any time before the Tribunal gives its decision on it and, in such a case, the Tribunal shall not render a decision on it.

• Marginal note:Costs

  (2) The Tribunal may award costs on the withdrawal of an issue from the Tribunal.

• Marginal note:Not a bar

  (3) Withdrawal of an issue does not bar any subsequent consideration of the issue by the Tribunal.

Marginal note:Evidence not admissible in other proceedings

31 Subject to subsection 34(1), evidence given by any person in the course of a Tribunal hearing, including anything said, any position taken or any admission made, is not admissible in any other proceeding.

Marginal note:Advance notice of decision on compensation

32 The Tribunal shall, not later than 14 days before it renders its decision on the issue of compensation, give notice to the parties and to the Chairperson that the decision will be rendered.

Marginal note:Written reasons and publication

33 The Tribunal shall give written reasons for its decisions and shall cause the reasons and the decisions to be published in the manner that it considers fit.

Marginal note:Judicial review

• 34 (1) A decision of the Tribunal is subject to judicial review under section 28 of the Federal Courts Act.

• Marginal note:Final and conclusive

  (2) Subject to subsection (1), the Tribunal’s decisions are final and conclusive between the parties in all proceedings in any court or tribunal arising out of the same or substantially the same facts and are not subject to review.

Marginal note:Release and indemnity

35 If the Tribunal decides that a specific claim is invalid or awards compensation for a specific claim,

• (a) each respondent is released from any cause of action, claim or liability to the claimant and any of its members of any kind, direct or indirect, arising out of the same or substantially the same facts on which the claim is based; and

• (b) the claimant shall indemnify each respondent against any amount that the respondent becomes liable to pay as a result of a claim, action or other proceeding for damages brought by the claimant or any of its members against any other person arising out of the same or substantially the same facts.

Marginal note:Payment of award

• 36 (1) An award of compensation against the Crown may, at the discretion of the Crown, be paid by instalments, but the award must be fully paid within five years after the day on which the Tribunal makes its decision.

• Marginal note:Interest

  (2) The unpaid balance of the award bears simple interest from the date of the award, at a rate equal to the Bank of Canada’s overnight rate on that day plus 2.5%, which shall be paid together with each instalment.

Marginal note:Abandoned specific claim

37 A specific claim is discontinued if the claimant

• (a) commences, before another tribunal or a court, a proceeding against the Crown that is based on the same or substantially the same facts as the claim, or that relates to the same land or other assets as the claim and could result in a decision irreconcilable with that of the claim, unless the claimant immediately has the proceeding adjourned; or

• (b) takes a new step in, or does not continue to adjourn, a proceeding mentioned in paragraph (a) or in subsection 15(3).

Marginal note:Public documents

• 38 (1) Subject to subsection (2), documents filed with the Tribunal are public documents.

• Marginal note:Confidential documents

  (2) The Tribunal, on the application of a party, may take any measures that it considers necessary to ensure the confidentiality of a document if it is satisfied that the interest of a party or a person that the document not be disclosed outweighs the societal interest that it be public.

General

Regulations

Marginal note:Regulations

39 The Governor in Council may make regulations adding to Part 2 of the schedule the name of any agreement related to aboriginal self-government.

Annual Report

Marginal note:Annual report

• 40 (1) The Chairperson shall submit an annual report on the work of the Tribunal in a fiscal year and its projected activities for the following fiscal year to the Minister within six months after the end of that fiscal year, including the financial statements of the Tribunal and any report on them of the Auditor General of Canada.

• Marginal note:Resources

  (2) The annual report may include a statement on whether the Tribunal had sufficient resources, including a sufficient number of members, to address its case load in the past fiscal year and whether it will have sufficient resources for the following fiscal year.

• Marginal note:Tabling of report

  (3) The Minister shall submit a copy of the report to each House of Parliament on any of the first 30 days on which that House is sitting after the report is submitted to the Minister.

Review and Report

Marginal note:Review

• 41 (1) Within one year after the fifth anniversary of the coming into force of this Act, the Minister shall undertake a review of the mandate and structure of the Tribunal, of its efficiency and effectiveness of operation and of any other matters related to this Act that the Minister considers appropriate. In carrying out the review, the Minister shall give First Nations an opportunity to make representations.

• Marginal note:Report

  (2) Within one year after a review is undertaken, the Minister shall cause to be prepared and sign a report that sets out a statement of any changes to this Act, including any changes to the Tribunal’s functions, powers or duties, that the Minister recommends and the representations which have been made by First Nations.

• Marginal note:Tabling and referral of report

  (3) The Minister shall submit to each House of Parliament a copy of the report on any of the first 90 days on which that House is sitting after the Minister signs the report, and each House shall refer the report to the appropriate committee of that House.

Transitional Provisions

Marginal note:Existing claims

• 42 (1) If a First Nation has submitted a claim based on any one or more of the grounds referred to in subsection 14(1) to the Minister before the day on which this Act comes into force containing the kind of information that would meet the minimum standard established under subsection 16(2), or if the claim is being negotiated on the day on which this Act comes into force, the claim is deemed to have been filed with the Minister in accordance with section 16, or the Minister is deemed to have decided to negotiate the claim and to have notified the First Nation in writing of that decision, as the case may be, on the day on which this Act comes into force.

• Marginal note:Examination by Minister

  (2) Within six months after the day on which this Act comes into force, the Minister shall examine all claims — except those that the Minister has notified the First Nation in writing of the Minister’s decision not to negotiate, in whole or in part — that are based on any one or more of the grounds referred to in subsection 14(1) submitted by First Nations to the Minister before the day on which this Act comes into force, and

  • (a) if a claim contains the kind of information that would meet the minimum stand- ard established under subsection 16(2), the Minister shall notify the First Nation in writing that its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force;

  • (b) if a claim does not contain that kind of information, the Minister shall request in writing that the First Nation provide the Minister with the missing information; or

  • (c) if a claim is being negotiated, in whole or in part, the Minister shall notify the First Nation in writing that for the purpose of section 16 the date of the Minister’s decision to negotiate the claim is deemed to be the day on which this Act comes into force.

• Marginal note:Amended claim — deemed filing date

  (3) If a First Nation provides the Minister with the information requested under paragraph (2)(b)

  • (a) within six months after the date of the Minister’s request, its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force; or

  • (b) later than six months after the date of the Minister’s request, its claim will be filed with the Minister in accordance with section 16 on the date the requested information is received by the Minister.

• Marginal note:Notice of filing date

  (4) On receiving the information referred to in paragraph (2)(b), the Minister shall notify the First Nation in writing of the date on which its claim was filed with the Minister.

Marginal note:Previous decision not to negotiate

43 For greater certainty, if, before the coming into force of this Act, a First Nation has been notified by the Minister of his or her decision not to negotiate a claim, the First Nation may not file that claim with the Tribunal on the basis of that decision but nothing prevents the First Nation from filing the claim with the Minister after the coming into force of this Act.

Consequential Amendments

Access to Information Act

44 [Amendment]

45 [Amendment]

Federal Courts Act

46 [Amendment]

Financial Administration Act

47 [Amendment]

48 [Amendment]

49 [Amendment]

Privacy Act

50 [Amendment]

Public Service Superannuation Act

51 [Amendment]

Repeal

52 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*53 This Act comes into force 120 days after the day on which it receives royal assent.

• Return to footnote ^*[Note: Act in force October 16, 2008.]