Bill C-6
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PART 2 |
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COMMISSION |
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Composition and Role |
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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
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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
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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
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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
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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
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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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Powers and
duties
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24. The Commission, in carrying out its
functions, may
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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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Process Relating to Specific Claims |
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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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Exceptions
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(2) A first nation may not file a claim that
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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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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
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(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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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 - B - (C x D)
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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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