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Composition
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| Composition
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20. (1) The Commission Division of the
Centre consists of a Chief Commissioner, a
Vice-Chief Commissioner and up to five other
commissioners to be appointed by the
Governor in Council on the recommendation
of the Minister.
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| Modification
of number of
commissioner
s
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(2) The Governor in Council may, on the
recommendation of the Minister, at any time
increase or reduce the number of
commissioners.
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| Full-time and
part-time
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(3) The Chief Commissioner and
Vice-Chief Commissioner shall be appointed
as full-time commissioners, and other
commissioners may be appointed as full-time
or part-time commissioners.
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| Term and
tenure
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(4) The Chief Commissioner and the
Vice-Chief Commissioner shall hold office
during good behaviour for a term of not more
than five years and may be removed for cause
by the Governor in Council.
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| Term and
tenure
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(5) The other commissioners shall hold
office during good behaviour for a term of not
more than three years and may be removed for
cause by the Governor in Council.
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| Re-appointme
nt
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(6) A commissioner is eligible for
re-appointment on the expiration of any term
of office in the same or another capacity.
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Remuneration
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| Full-time
commissioner
s
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21. (1) Full-time commissioners shall
devote the whole of their time to the
performance of the duties of their office and
shall be paid the remuneration that is fixed by
the Governor in Council. They are entitled to
be paid reasonable travel and living expenses
incurred by them in the course of carrying out
their duties under this Act while absent from
their ordinary place of work, but the payment
may not exceed the maximum limits for those
expenses authorized by the Treasury Board for
employees of the Government of Canada.
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| Part-time
commissioner
s
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(2) Part-time commissioners shall be paid
the remuneration that is fixed by the Governor
in Council. They are entitled to be paid
reasonable travel and living expenses incurred
by them in the course of carrying out their
duties under this Act while absent from their
ordinary place of residence, but the payment
may not exceed the maximum limits for those
expenses authorized by the Treasury Board for
employees of the Government of Canada.
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| Conflicting
responsibilitie
s and
activities
prohibited
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(3) Commissioners shall not accept or hold
any office or employment or carry on any
activity inconsistent with their duties and
functions as commissioner.
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| Compensation
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(4) Commissioners are deemed to be
employed in the public service of Canada for
the purposes of the Government Employees
Compensation Act and any regulations made
under section 9 of the Aeronautics Act.
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Management
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| Chief
Commissioner
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22. (1) The Chief Commissioner is
responsible for the management of the
business and affairs of the Commission.
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| Absence or
incapacity
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(2) In the event of the absence or incapacity
of the Chief Commissioner, or if the office of
Chief Commissioner is vacant, the Vice-Chief
Commissioner has the powers and duties of
the Chief Commissioner.
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Functions, Powers and Duties
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| Functions
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23. The Commission is responsible for
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(a) administering funding for the research,
preparation and conduct by first nations of
specific claims;
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(b) assisting the parties in the effective use
of appropriate dispute resolution processes
at any time to facilitate the resolution of
specific claims under this Act; and
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(c) referring to the Tribunal issues of
validity or compensation.
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| Powers and
duties
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24. The Commission, in carrying out its
functions, may
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(a) make rules of procedure for specific
claims under this Act, except with respect to
proceedings before the Tribunal;
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(b) establish, in accordance with any
appropriation or allotment of funds to the
Centre for these purposes, criteria for the
provision of funding to first nations for
research, preparation and conduct of
specific claims, and allocate the funds in
accordance with those criteria;
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(c) arrange for any research, or expert or
technical studies, agreed to by the parties;
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(d) assist the parties to resolve any
interlocutory issues; and
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(e) foster, at all times, the effective use of
appropriate dispute resolution
processes - including facilitated
negotiation, mediation, non-binding
arbitration and, with the consent of the
parties, binding arbitration - for the
resolution of specific claims.
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Restriction
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| Participation
in funding
administration
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25. No person who participates or has
participated in the administration of funding
for the research, preparation or conduct of a
specific claim may, in respect of the claim,
attend a preparatory meeting under section 28
or participate in any capacity in a dispute
resolution process.
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Filing of Claims
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| Admissible
claims
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26. (1) Subject to subsections (2) and (3), a
first nation may file with the Commission a
claim based on any of the following grounds,
for compensation for its losses arising from
those grounds:
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(a) breach of - or failure to fulfil - a
legal obligation of the Crown, including a
fiduciary obligation,
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(i) that relates to the provision of lands or
other assets and that arises from an
agreement between the first nation and
the Crown or from a treaty,
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(ii) under any legislation - pertaining to
Indians or lands reserved for the
Indians - of Canada or of a colony of
Great Britain of which at least some
portion now forms part of Canada, or
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(iii) that arises out of the Crown's
administration of reserve lands, Indian
moneys or other assets of the claimant;
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(b) an illegal lease or disposition by the
Crown of reserve lands;
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(c) failure to provide compensation for
reserve lands taken or damaged by the
Crown or any of its agencies under legal
authority; or
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(d) fraud by employees or agents of the
Crown in connection with the acquisition,
leasing or disposition of reserve lands.
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| Exceptions
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(2) A first nation may not file a claim that
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(a) is based on events that occurred within
the 15 years immediately preceding the
filing of the claim;
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(b) is based on a land claims agreement
entered into after December 31, 1973, or
any related agreement or Act of Parliament;
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(c) is based on an Act of Parliament or
agreement that is mentioned in the
schedule, or an Act of Parliament or
agreement for the implementation of such
an Act or agreement;
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(d) concerns the delivery or funding of
programs or services related to policing,
regulatory enforcement, corrections,
education, health, child protection or social
assistance, or of any similar public
programs or services;
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(e) is based on any agreement between the
first nation and the Crown that provides for
another mechanism for the resolution of
disputes arising from the agreement; or
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(f) is based on, or alleges, aboriginal rights
or title.
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| When other
proceedings
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(3) A first nation may not file a claim if
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(a) there are proceedings before a court or
tribunal other than the Tribunal that relate
to the same assets and could result in a
decision irreconcilable with that of the
claim, or that are based on the same or
substantially the same facts;
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(b) the first nation and the Crown are parties
to those proceedings; and
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(c) the proceedings have not been
adjourned.
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| Extended
meaning of
``Crown'' -
obligations
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(4) In the application of paragraph (1)(a) in
respect of any legal obligation that was to be
performed in an area within Canada's present
boundaries before that area became part of
Canada, a reference to the Crown includes the
Sovereign of Great Britain to the extent that
the legal obligation or any liability relating to
its breach or non-fulfilment became - or
would, apart from any rule or doctrine that had
the effect of limiting claims or prescribing
rights against the Crown because of passage of
time or delay, have become - the
responsibility of the Crown in right of Canada.
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| Extended
meaning of
``Crown'' -
illegal lease or
disposition
|
(5) In the application of paragraph (1)(b) in
respect of an illegal lease or disposition of
reserve land located in an area within
Canada's present boundaries before that area
became part of Canada, a reference to the
Crown includes the Sovereign of Great Britain
to the extent that liability for the illegal lease
or disposition became - or would, apart from
any rule or doctrine that had the effect of
limiting claims or prescribing rights against
the Crown because of passage of time or delay,
have become - the responsibility of the
Crown in right of Canada.
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| Extended
meaning of
``Crown'' -
other
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(6) In the application of paragraphs (1)(c)
and (d) in respect of reserve lands located in an
area within Canada's present boundaries, a
reference to the Crown includes the Sovereign
of Great Britain for the period before that area
became part of Canada.
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| Copy to
Minister on
filing
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27. On the filing of a specific claim, the
Commission shall provide a copy of it and its
supporting documentation to the Minister.
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Preparatory Meetings
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| Initial meeting
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28. (1) The Commission shall, on the filing
of a specific claim, convene a preparatory
meeting of the parties for the purpose of
identifying and clarifying the basis of the
claim and the matters of fact or law on which
the claimant relies in support of the claim, any
additional research required and any other
issue relevant to the preparation of the claim
for consideration by the Minister.
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| Additional
meetings
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(2) The Commission, on the request of a
party, may convene additional preparatory
meetings and, when appropriate, community
meetings in order to permit the involvement of
other interested persons including elders,
members of the claimant and relevant public
officials.
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| Amendments
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29. At any time during or on the completion
of the preparatory meetings, the claimant may
make any amendments to its specific claim
that it desires in order to fully and clearly set
out the basis for its claim and the matters of
fact or law on which it relies in support of the
claim. The Commission shall provide a copy
of any such amendments to the Minister.
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| Process
suspended for
Minister's
decision
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30. (1) On the completion of the preparatory
meetings relating to a specific claim and
receipt of any amendments under section 29,
the Commission shall suspend proceedings in
relation to the claim until it receives in writing
the Minister's decision on whether the
Minister will negotiate the claim.
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| Delay not to
be considered
for validity
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(2) The Minister, in making a decision on
whether to negotiate a claim, shall not
consider any rule or doctrine that would have
the effect of limiting claims or prescribing
rights against the Crown because of passage of
time or delay.
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| Report of
Minister
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(3) The Minister shall, at least every six
months after the completion of the
preparatory meetings, report to the
Commission on the status of the review, the
expected date of the Minister's decision and,
if applicable, the reasons why more time is
required than previously expected.
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| No deemed
decision
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(4) No passage of time in relation to the
decision on whether to negotiate a claim may
be considered as constituting a decision not to
negotiate the claim.
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Validity of Claims
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| After decision
not to
negotiate
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31. On receipt of the Minister's decision not
to negotiate a specific claim, the Commission
shall, on the request of the claimant, assist the
parties to attempt to resolve the issue of
validity using any appropriate dispute
resolution process.
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| Referral to
Tribunal
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32. (1) On the request of the claimant, the
Commission shall refer the issue of the
validity of a specific claim to the Tribunal if
it is satisfied that
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(a) the basis for the claim and all matters of
fact and law on which the claimant relies in
support of the claim have been fully and
clearly identified and adequately
researched and have been considered by the
Minister;
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(b) all dispute resolution processes
appropriate for resolving the issue have
been exhausted without the issue having
been resolved; and
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(c) the claimant has, in prescribed form,
waived any compensation for the claim that
is in excess of the claim limit as it applies to
the claim in accordance with section 56.
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| Documents on
referral
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(2) When it refers the issue of validity to the
Tribunal, the Commission shall provide to the
Tribunal a copy of all documents that it has
provided to the Minister under sections 27 and
29.
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| Issue of
allocation of
responsibility
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(3) On the request of a party, the
Commission shall, together with the issue of
validity, refer to the Tribunal the issue of the
extent, if any, of each respondent party's
responsibility with regard to each claimant for
the claim.
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Compensation
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| After
favourable
decision on
validity
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33. After the Minister decides to negotiate
a specific claim, or the Tribunal decides that
a specific claim is valid, the Commission shall
assist the parties to resolve the issue of
compensation using any appropriate dispute
resolution process.
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| Amendments
re
compensation
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34. At any time after the decision of the
Minister or Tribunal referred to in section 33,
the claimant may make any amendments to its
specific claim that it desires in order to fully
and clearly set out its position with respect to
compensation and the matters of fact or law on
which it relies in support of that position. The
Commission shall provide a copy of any such
amendments to the Minister.
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| Referral to
Tribunal
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35. (1) On the request of the claimant, the
Commission shall refer the issue of
compensation for a specific claim to the
Tribunal if it is satisfied that
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(a) the claimant's position with respect to
compensation and all matters of fact or law
on which the claimant relies in support of
that position have been fully and clearly
identified and adequately researched and
have been considered by the Minister in the
course of a dispute resolution process under
section 33;
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(b) all dispute resolution processes
appropriate for resolving the issue have
been exhausted without the issue having
been resolved;
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(c) no compensation other than monetary
compensation is being claimed;
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(d) the claimant has, in prescribed form,
waived any compensation for the claim that
is in excess of the claim limit as it applies to
the claim in accordance with section 56;
and
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(e) the result of the following calculation is
an amount not less than the claim limit:
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A - B - (C x D)
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A is the maximum amount of
compensation that may be awarded by
the Tribunal in a fiscal year as published
by the Minister from time to time in the
Canada Gazette on the
recommendation of the Minister of
Indian Affairs and Northern
Development and with the approval of
the Treasury Board,
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B is the total amount of compensation
awarded by the Tribunal in the current
fiscal year,
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C is the claim limit, and
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D is the number of specific claims in
respect of which the issue of
compensation has been referred to the
Tribunal but has not been decided.
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| Documents on
referral
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(2) When it refers the issue of compensation
to the Tribunal, the Commission shall provide
to the Tribunal a copy of the documents that it
has provided to the Minister under sections 27,
29 and 34.
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