| Acting after
termination of
appointment
|
58. (1) A person who has ceased to be an
adjudicator of the Tribunal may, with the
authorization of the Chief Adjudicator and for
the period that the Chief Adjudicator fixes,
take part in the disposition of any matter in
which the person became engaged while
holding office as an adjudicator, and a person
so authorized is, for that purpose, deemed to
be an adjudicator.
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|
| If adjudicator
unable to act
|
(2) If an adjudicator who participates in a
panel charged with deciding an issue is, for
any reason, unable to take part in the decision,
the Chief Adjudicator may, taking into
account sections 48 and 52, authorize the
remaining adjudicators of the panel to make
the decision.
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|
| Notice to
others
|
59. (1) If a panel's decision of an issue in
relation to a specific claim might, in the
opinion of the panel, significantly affect the
interests of a province, first nation or person
that has not previously been notified of the
claim under subsection 36(1), the Tribunal
shall so notify them. The parties may make
submissions to the panel as to whose interests
might be affected.
|
|
| Effect of
failure to
notify
|
(2) Failure to provide notice does not
invalidate any decision of the panel.
|
|
| Party status
|
60. The Tribunal shall grant status as a party
in a specific claim to a province that has
agreed to submit to the jurisdiction of the
Tribunal for that claim.
|
|
| Conduct of
hearings
|
61. (1) Subject to this Act, a panel shall
conduct its hearings in any manner that it
considers fit.
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| Limitation
|
(2) In deciding how to conduct a hearing, a
panel 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.
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|
| Public
hearings
|
62. (1) Subject to subsection (2), panel
hearings shall be public.
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|
| Confidential
hearings
|
(2) A panel may, on application by a party,
take any appropriate measures and make any
order that the panel considers necessary to
ensure the confidentiality of a hearing if the
panel is satisfied that the reasons for
confidentiality outweigh the societal interest
that the hearing be conducted in public.
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|
| Right to
cross-examine
|
63. A party may cross-examine a witness
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|
|
|
(a) as of right, if the witness is called by a
party adverse in interest; and
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|
|
|
(b) with leave of the panel, in any other
case.
|
|
| Defences of
Crown
|
64. Subject to section 54, section 24 of the
Crown Liability and Proceedings Act applies
in respect of a specific claim as if it were a
proceeding.
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|
| Claims to be
decided
together
|
65. If a panel determines that specific
claims are subject to one claim limit under
subsection 56(2) or that they present common
issues of law or fact that create a risk that
decisions on the claims will be irreconcilable,
it shall, unless the parties otherwise agree,
decide the claims together.
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|
| Suspension
|
66. If a panel, in considering a specific
claim, determines that a first nation has a
specific claim or a potential specific claim
based on the same or substantially the same
facts and relating to the same assets as the
specific claim, or that there is any other
specific claim or potential specific claim by a
first nation that must be before the Tribunal to
enable a full resolution of the specific claim,
it shall suspend proceedings with respect to
the specific claim until, in the case of another
specific claim, it is before the Tribunal or, in
the case of a potential specific claim, it has
been filed under this Act and is before the
Tribunal.
|
|
| Withdrawal
|
67. (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
panel shall not render a decision on it.
|
|
| Costs
|
(2) A panel may award costs on the
withdrawal of an issue from the Tribunal.
|
|
| Not a bar
|
(3) Withdrawal of an issue does not bar any
subsequent consideration of the issue by the
Tribunal.
|
|
| Evidence not
admissible in
other
proceedings
|
68. Subject to subsection 71(1), evidence of
anything said, any position taken or any
admission made by a person in the course of
a panel hearing is not admissible in any other
proceeding.
|
|
| Advance
notice of
decision on
compensation
|
69. Not later than 14 days before a panel
renders its decision on an issue of
compensation, the Tribunal shall give notice
to the parties and to the Chief Executive
Officer that the decision will be rendered.
|
|
| Written
reasons and
publication
|
70. A panel shall give written reasons for its
decisions. The Tribunal shall cause the
reasons and the decisions to be published in
the manner that the Tribunal decides.
|
|
| Judicial
review
|
71. (1) A decision of a panel is subject to
judicial review under the Federal Court Act.
|
|
| Final and
conclusive
|
(2) Subject to subsection (1), a panel's
decisions are not subject to appeal or review
and, except for decisions with respect to
interlocutory issues, 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.
|
|
| Exception re
decision of
validity
|
(3) Despite subsection (2), a decision of a
panel that a specific claim is valid is
conclusive only under this Act and, except for
the purposes of judicial review under
subsection (1), any evidence of the decision is
inadmissible before any other court or
tribunal.
|
|
| Release and
indemnity
|
72. If a panel makes an order that a specific
claim is invalid or awards compensation for a
specific claim,
|
|
|
|
(a) each respondent party 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
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|
|
|
(b) the claimant shall indemnify each
respondent party against any amount that
the respondent party 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.
|
|
| Payment of
award
|
73. (1) An award of compensation against
the Crown may be paid by instalments, but the
award must be fully paid within five years
after the date of the Tribunal's decision.
|
|
| Interest
|
(2) The unpaid balance of the award bears
simple interest from the date of the award, at
a rate equal to the lowest rate of interest
quoted by banks to the most credit-worthy
borrowers for prime business loans, as
determined and published by the Bank of
Canada for the month in which the award was
made, which shall be paid together with each
instalment.
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|
|
|
|
|
|
|
|
|
| Abandonment
|
74. A specific claim may not be continued
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 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 26(3).
|
|
| Public
documents
|
75. (1) Subject to subsection (2), documents
filed with the Commission or with the
Tribunal are public documents.
|
|
| Confidential
documents
|
(2) The Commission, on the request of a
party, or a panel of 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.
|
|
| Review
|
76. (1) Not earlier than three years and not
later than five years after the coming into force
of this section, the Minister shall undertake
and complete a review of the mandate and
structure of the Centre, 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 to first nations
an opportunity to make representations.
|
|
| Report
|
(2) On completion of the review, 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
functions, powers or duties of the Centre or
either of its divisions, that the Minister
recommends.
|
|
| 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.
|
|
| Opportunity
to make
representation
s regarding
appointments
|
76.1 The Minister shall, before making a
recommendation under section 5 or
subsection 20(1) or 41(1), notify
claimants - which notification may be by
ordinary mail sent to their latest known
addresses - that they may, during a period
that the Minister specifies of not less than 30
days after the date of the notice, make
representations in respect of appointments to
the office or offices in question.
|
|
| Avoiding of
conflicting
conduct
|
76.2 (1) At no time shall a person who was
appointed under section 5 or subsection 20(1)
or 41(1) act for any party in connection with
any specific claim in relation to which they
performed any work or concerning which they
obtained significant information during their
term in office.
|
|
| One-year
non-employm
ent period
|
(2) Persons who were appointed under
section 5 or subsection 20(1) or 41(1) shall
not, within a period of one year after the end
of their term in office, accept any employment
with or enter into a contract for services with
the Department of Indian Affairs and Northern
Development or a first nation that had a
pending specific claim - before the
Commission or the Tribunal, in the case of the
Chief Executive Officer, or, in the case of a
commissioner or adjudicator, before the
Division of the Centre to which the person was
appointed - at any time during their term in
office.
|
|
| Regulations
|
77. The Governor in Council may make
regulations
|
|
|
|
(a) adding to Part 2 of the schedule the name
of any agreement related to aboriginal
self-government; and
|
|
|
|
(b) prescribing anything that may, under
this Act, be prescribed.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Meaning of
``claimant''
|
77.1 During the period of one year after
the coming into force of section 76.1, the
reference in that section to ``claimants''
shall be read as a reference to ``claimants
under this Act or under the Specific Claims
Policy of the Government of Canada''.
|
|
|
|
|
|
| R.S., c. A-1
|
Access to Information Act
|
|
|
|
78. Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
|
|
|
|
Canadian Centre for the Independent
Resolution of First Nations Specific Claims
|
|
|
|
Centre canadien du règlement indépendant
des revendications particulières des
premières nations
|
|
|
|
79. Schedule II to the Act is amended by
adding, in alphabetical order, a reference to
|
|
|
|
Specific Claims Resolution Act
|
|
|
|
Loi sur le règlement des revendications
particulières
|
|
|
|
and a corresponding reference to ``section
38 and subsections 62(2) and 75(2)''.
|
|
| R.S., c. F-11
|
Financial Administration Act
|
|
|
|
80. Schedule I.1 to the Financial
Administration Act is amended by adding
the following in alphabetical order in
column I:
|
|
|
|
Canadian Centre for the Independent
Resolution of First Nations Specific Claims
|
|
|
|
Centre canadien du règlement indépendant
des revendications particulières des
premières nations
|
|
|
|
and a corresponding reference in column II
to the ``Minister of Indian Affairs and
Northern Development''.
|
|
| R.S., c. P-21
|
Privacy Act
|
|
|
|
81. The schedule to the Privacy Act is
amended by adding the following in
alphabetical order under the heading
``Other Government Institutions'':
|
|
|
|
Canadian Centre for the Independent
Resolution of First Nations Specific Claims
|
|
|
|
Centre canadien du règlement indépendant
des revendications particulières des
premières nations
|
|
| R.S., c. P-35
|
Public Service Staff Relations Act
|
|
|
|
82. Part II of Schedule I to the Public
Service Staff Relations Act is amended by
adding the following in alphabetical order:
|
|
|
|
Canadian Centre for the Independent
Resolution of First Nations Specific Claims
|
|
|
|
Centre canadien du règlement indépendant
des revendications particulières des
premières nations
|
|
| R.S., c. P-36
|
Public Service Superannuation Act
|
|
|
|
83. Part I of Schedule I to the Public
Service Superannuation Act is amended by
adding the following in alphabetical order:
|
|
|
|
Canadian Centre for the Independent
Resolution of First Nations Specific Claims
|
|
|
|
Centre canadien du règlement indépendant
des revendications particulières des
premières nations
|
|