Specific Claims Tribunal Act (S.C. 2008, c. 22)
Assented to 2008-06-18
Marginal note:Unlawful disposition
21. (1) If compensation is awarded under this Act for an unlawful disposition of all of the interests or rights of a claimant in or to land and the interests or rights have never been restored to the claimant, then all of the claimant’s interests in and rights to the land are released, without prejudice to any right of the claimant to bring any proceeding related to that unlawful disposition against a province that is not a party to the specific claim.
Marginal note:Unlawful disposition of partial interest
(2) If compensation is awarded under this Act for the unlawful disposition of a partial interest or right of a claimant in or to reserve land, then the persons who, if the disposition had been lawful, would have had the partial interest or right in or to the land are deemed to have had that interest or right.
Marginal note:Notice to others
22. (1) If the Tribunal’s decision of an issue in relation to a specific claim might, in its opinion, significantly affect the interests of a province, First Nation or person, the Tribunal shall so notify them. The parties may make submissions to the Tribunal as to whose interests might be affected.
Marginal note:Effect of failure to notify
(2) Failure to provide notice does not invalidate any decision of the Tribunal.
23. (1) The Tribunal has jurisdiction with respect to a province only if the province is granted party status.
Marginal note:Party status of a province — mandatory
(2) If the Crown alleges that a province that has been notified under subsection 22(1) is wholly or partly at fault for the claimant’s losses, the Tribunal shall grant the province party status provided that the province certifies in writing that it has taken the steps necessary for it to be bound by decisions of the Tribunal.
Marginal note:Party status of a province — discretionary
(3) If the Crown does not allege that a province that has been notified under subsection 22(1) is wholly or partly at fault for the claimant’s losses, the Tribunal may, on application by the province, grant the province party status if the Tribunal considers it a necessary or proper party and provided that the province certifies in writing that it has taken the steps necessary for it to be bound by decisions of the Tribunal.
Marginal note:Party status of a First Nation
24. The Tribunal may, on application by a First Nation to whom notice under subsection 22(1) is provided, grant the First Nation party status if the Tribunal considers it a necessary or proper party.
Marginal note:Intervention by persons affected
25. (1) A First Nation or person to whom notice under subsection 22(1) is provided may, with leave of the Tribunal, intervene before it, to make representations relevant to the proceedings in respect of any matter that affects the First Nation or person.
(2) In exercising its discretion under subsection (1), the Tribunal shall consider all relevant factors, including the effect that granting intervenor status would have on the cost and length of the hearing.
Marginal note:Conduct of hearings
26. (1) Subject to this Act, the Tribunal shall conduct its hearings in any manner that it considers fit.
(2) In deciding how to conduct a hearing, the Tribunal shall have regard to any submissions that a party has made regarding the manner in which the hearing is to be conducted and to the importance of achieving an expeditious resolution.
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.
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.
(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.
(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.
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.
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.
(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
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.
(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.
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