GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Specific Claims Tribunal Rules of Practice and Procedure — 56
Matters to be discussed 56 (1) At the pre-hearing conference, the parties must be prepared to discuss any matter that may facilitate the hearing, including (a) whether any directions or pre-hearing orders may be required; (b) the use of electronic technology at the hearing; (c) procedural matters relating to oral history evidence and expert evidence; (d) the daily and weekly schedules of the hearing; (e) the parties’ compliance with orders of the Tribunal; (f) logistical matters related to the holding of the hearing; (g) the identity of witnesses who will be called at the hearing, and whether they have consented to testify or whether subponeas will be required; and (h) whether any of the parties intend to introduce demonstrative evidence at the hearing and whether any parties have consented to its introduction. Oral history evidence (2) A party that intends to enter oral history evidence must be prepared to discuss the following matters at the pre-hearing conference: (a) the First Nation’s practices with respect to safeguarding the integrity of its oral history; (b) the First Nation’s protocols with respect to who is entitled to be custodian and speaker of its oral history; and (c) the status of any pre-hearing disclosure ordered under Rule 84.
Specific Claims Tribunal Rules of Practice and Procedure — 57
Application 57 A party may make an application for the disclosure of (a) any documents or information, or category of documents or information, that are relevant to the proceedings and that are in the possession, power or control of another party; or (b) the identity of any witness that is expected to give evidence on behalf of another party at the hearing.
Specific Claims Tribunal Rules of Practice and Procedure — 58
Claim of confidentiality 58 (1) If a party claims confidentiality with respect to a document or information, or a category of documents or information, that is subject to an application for disclosure the party must, in addition to the information required under Rule 35, set out the following in its response: (a) the nature of the confidentiality claimed; and (b) the specific and direct harm that would result from the disclosure. Inspection by Tribunal (2) If a party claims confidentiality with respect to a document or information, or a category of documents or information, that is subject to an application for disclosure, the Tribunal may inspect them in order to determine (a) whether they are relevant to the proceedings; or (b) whether the claim of confidentiality is valid. Draft disclosure order (3) If a party claims confidentiality with respect to documents or information, or a category of documents or information, but consents to their disclosure under certain conditions, the party must, together with its response, file a draft order that (a) identifies the documents or information, or category of documents or information, for which there is consent to disclosure; and (b) sets out the conditions for their disclosure, including (i) the parties that are to have access to them, and (ii) for each document for which there is consent to disclosure, (A) the number of copies that are to be provided to the parties, (B) the limitations imposed with respect to their reproduction, and (C) instructions for their return or destruction at the conclusion of the proceedings.
Specific Claims Tribunal Rules of Practice and Procedure — 59
Claim of privilege 59 (1) If a party claims privilege with respect to a document or information, or a category of documents or information, that is subject to an application for disclosure the party must, in addition to the information required under Rule 35, set out the nature of the privilege claimed in its response. Inspection by Tribunal (2) If a party claims privilege with respect to a document or information, or a category of documents or information, that is subject to an application for disclosure, the Tribunal may inspect them in order to determine whether the claim of privilege is valid.
Specific Claims Tribunal Rules of Practice and Procedure — 60
Application 60 (1) A party may make an application to examine a person before the hearing (a) for the purpose of discovery; (b) for the purpose of cross-examining the person on their affidavit; or (c) for the purpose of taking the person’s evidence for use at the hearing. On consent (2) Leave is not required to make the application if all parties consent to the examination. Additional information (3) In addition to the information required under Rule 34, the notice of application must set out the following information: (a) whether the examination is proposed to be conducted orally, in writing or both; (b) whether the person or party proposed to be examined has consented to the examination; and (c) whether any other parties have consented to the examination.
Specific Claims Tribunal Rules of Practice and Procedure — 61
Considerations 61 When deciding an application made under paragraph 60(1)(c), the Tribunal must consider the following factors in relation to the person proposed to be examined: (a) whether they will be absent during the time of the hearing; (b) their age or infirmity; (c) the distance they reside from the place of the hearing; and (d) the expense of having them attend the hearing.
Specific Claims Tribunal Rules of Practice and Procedure — 62
Directions 62 If the Tribunal permits the examination to be conducted, it may provide the parties with directions regarding (a) the format and location of the examination; and (b) in the case of an oral examination, the means by which it is to be recorded.
Specific Claims Tribunal Rules of Practice and Procedure — 63
Designated person 63 (1) When the Crown or a First Nation is examined for discovery, it must designate a person to be examined on its behalf. Substitute (2) On the application of the examining party, the Tribunal may order that a person other than the one designated be examined.
Specific Claims Tribunal Rules of Practice and Procedure — 64
Duty of witness 64 The witness must, to the best of their knowledge, information and belief, answer every question posed to them that is relevant to the specific claim.
Specific Claims Tribunal Rules of Practice and Procedure — 65
Oath 65 Examinations must be conducted under oath.
Specific Claims Tribunal Rules of Practice and Procedure — 66
Recording 66 Oral examinations must be recorded by a person who is qualified to record examinations.
Specific Claims Tribunal Rules of Practice and Procedure — 67
Interpreter 67 (1) If the witness understands neither French nor English, or is hearing or speech impaired, the examining party must arrange for the attendance of an independent and competent person to accurately interpret everything said during the examination. Interpreter’s oath (2) Before providing services at the examination, the interpreter must take an oath that they will accurately interpret everything said during the examination.
Specific Claims Tribunal Rules of Practice and Procedure — 68
Production of documents 68 At the examination, the party whose witness is being examined must produce for inspection all documents that are relevant to the examination and which have been ordered to be disclosed under Part 8.
Specific Claims Tribunal Rules of Practice and Procedure — 69
Objections 69 (1) A party who objects to a question that is asked in an examination must briefly state the grounds for the objection for the record. Answer (2) The witness may answer a question for which an objection is made subject to the right to having the propriety of the question determined, by application to the Tribunal, before the answer is used at the hearing.
Specific Claims Tribunal Rules of Practice and Procedure — 70
Limiting an examination 70 On the application of a party, the Tribunal may limit an examination that it considers to be oppressive, vexatious, repetitive or otherwise unnecessary.
Specific Claims Tribunal Rules of Practice and Procedure — 71
Application for directions 71 (1) A party may suspend an examination and make an application for directions if they believe that their witness is being subjected to an excessive number of questions or to improper questions, or that the examination is being conducted in bad faith or in an abusive manner. Application for directions (2) The examining party may suspend the examination and make an application for directions if (a) they believe that the answers being provided by the witness are evasive; or (b) documents have not been produced under Rule 68.
Specific Claims Tribunal Rules of Practice and Procedure — 72
Costs of examination 72 The examining party must pay the following costs: (a) all fees and disbursements related to the recording of the examination; (b) if an interpreter was required, the fees and disbursements of the interpreter; and (c) the reasonable travel expenses incurred by the witness.
Specific Claims Tribunal Rules of Practice and Procedure — 73
Written examinations 73 If an examination is to be conducted in writing, the examining party must serve the party whose witness is being examined with a list of concise, separately numbered questions for the witness to answer.
Specific Claims Tribunal Rules of Practice and Procedure — 74
Timing and format for answers 74 The witness must, within 30 days after the day on which the questions are served, serve each party with an affidavit setting out their answers to the questions.
Specific Claims Tribunal Rules of Practice and Procedure — 75
Objections 75 If a party objects to a question that is posed in a written examination, the examining party may make an application to compel the witness to answer the question.
Specific Claims Tribunal Rules of Practice and Procedure — 76
Sanction 76 On the application of a party, the Tribunal may award costs against any person or party whose conduct necessitated the making of an application under Rule 70 or subrule 71(1) or who unnecessarily suspended an examination under subrule 71(2).
Specific Claims Tribunal Rules of Practice and Procedure — 77
Sanction 77 If a person fails to attend an examination or refuses to take an oath, answer a proper question, produce documents under Rule 68 or to comply with an order of the Tribunal, the Tribunal may, on the application of a party, (a) order the person to attend or re-attend the examination at their own expense; (b) order the person to answer a question for which an improper objection was made and any proper question arising from that answer; (c) strike all or part of the person’s evidence, including any affidavit made by that person; or (d) order the party on whose behalf the person is being examined to pay the costs of the examination.
Specific Claims Tribunal Rules of Practice and Procedure — 78
Witness unavailable 78 With leave of the Tribunal, a party may introduce all or part of an examination for discovery of a person as evidence at the hearing if (a) the person has died; (b) the person is unable to testify at the hearing because they are ill or infirm; or (c) the person cannot be compelled to attend the hearing.
Specific Claims Tribunal Rules of Practice and Procedure — 79
Introduction of evidence 79 A party may introduce as its own evidence at the hearing any part of its examination for discovery of a person, whether or not that person has already testified.
Specific Claims Tribunal Rules of Practice and Procedure — 80
Order to introduce 80 If a party only introduces part of the examination for discovery, the Tribunal may order the party to introduce any other part of that examination that the Tribunal considers relevant.
Specific Claims Tribunal Rules of Practice and Procedure — 81
Use for impeachment 81 A party may use any part of its examination for discovery of a person as evidence to impeach the credibility of that person as a witness at the hearing. However, the party must first ask the person the questions posed to them in that part of the examination.
Specific Claims Tribunal Rules of Practice and Procedure — 82
Entering of evidence 82 Evidence taken in an examination referred to in paragraph 60(1)(c) may be entered into evidence by any party at the hearing.
Specific Claims Tribunal Rules of Practice and Procedure — 83
Notice 83 A party that intends to enter oral history evidence at the hearing must provide every other party with written notice of that intention at least 90 days before the day on which the hearing begins.
Specific Claims Tribunal Rules of Practice and Procedure — 84
Disclosure order 84 The Tribunal may order a party who intends to enter oral history evidence to make pre-hearing disclosure of that evidence to every other party if it is necessary to ensure a just and expeditious hearing.
Specific Claims Tribunal Rules of Practice and Procedure — 85
Expert report 85 A party that intends to have an expert witness give evidence at the hearing must, at least 120 days before the day on which the hearing begins, serve every other party with a copy of the expert’s report.
Specific Claims Tribunal Rules of Practice and Procedure — 86
Responding expert report 86 A party that intends to have an expert witness give evidence in response to an expert report served under Rule 85 must, at least 60 days before the day on which the hearing begins, serve every other party with a copy of their expert’s report.
Specific Claims Tribunal Rules of Practice and Procedure — 87
Supplementary expert report 87 In reply to any report served on them under Rule 86, the party who filed the report under Rule 85 may, at least 30 days before the day on which the hearing begins, serve every other party with a copy of a supplementary expert report prepared by their expert.
Specific Claims Tribunal Rules of Practice and Procedure — 88
Content of expert report 88 An expert report referred to in this Part must be signed and dated by the expert and include the following information and documents: (a) the name, business address and email address of the expert; (b) the expert’s curriculum vitae and a statement indicating how their training, education and experience qualify them to produce the report; (c) any matters addressed in the report that fall outside the expert’s area of expertise; (d) an account of the nature of the request to prepare the report and of any directions the expert has received for its preparation; (e) a summary of the opinions expressed in the report; (f) the facts and assumptions on which the expert’s opinions are based; (g) any caveats or qualifications that are necessary to render the report complete and accurate; (h) identification of any literature or other materials that the expert relied on in support of the opinions expressed in the report; and (i) if the report is prepared in response or in reply to another expert’s report, identification of the points of agreement and disagreement with that other report.
Specific Claims Tribunal Rules of Practice and Procedure — 89
Appointment 89 (1) The Tribunal may appoint an independent expert to inquire into and report on any question of fact or opinion that is relevant to an issue in relation to the specific claim. Appointment order (2) The order appointing the expert must contain the following information: (a) the expert’s name and qualifications; (b) the directions given to the expert regarding the preparation of the report; (c) the questions posed to the expert; (d) the date on which the expert’s report is to be provided to the Tribunal; (e) the nature and extent of the expert’s participation in the proceedings; and (f) the remuneration to be paid to the expert.
Specific Claims Tribunal Rules of Practice and Procedure — 90
Service and filing 90 The expert’s report must be filed and the registrar must serve a copy of the report on each party.
Specific Claims Tribunal Rules of Practice and Procedure — 91
Submissions 91 Within 14 days after the day on which they are served with the expert’s report, a party may make submissions to the Tribunal with respect to the admissibility of the report.
Specific Claims Tribunal Rules of Practice and Procedure — 92
Responding expert report 92 Within 60 days after the day on which they are served with a report under Rule 90, a party that intends to have an expert give evidence in response to that report must file a responding expert report and serve a copy of it on every party.
Specific Claims Tribunal Rules of Practice and Procedure — 93
Expert’s testimony 93 (1) A party who wishes to enter an expert’s report into evidence at the hearing must call the expert as a witness unless the expert was examined before the hearing under Part 9. Limit (2) The expert’s testimony cannot consist of reading his or her report into evidence; however, the expert may provide a concise summary of the report’s key points.
Specific Claims Tribunal Rules of Practice and Procedure — 94
Format 94 An affidavit must be drawn in the first person and be sworn to be true by the affiant.
Specific Claims Tribunal Rules of Practice and Procedure — 95
Certification 95 The person before whom the affidavit is sworn must certify, on the affidavit, that the affidavit was read to, and apparently understood by, the affiant.
Specific Claims Tribunal Rules of Practice and Procedure — 96
Translation 96 (1) If an affidavit is written in a language that is not understood by the affiant, the affidavit must be translated orally into the affiant’s language by an independent and competent person who will accurately translate the content of the affidavit. Translator’s oath (2) Before providing services, the translator must take an oath that they will accurately translate the content of the affidavit.
Specific Claims Tribunal Rules of Practice and Procedure — 97
Evidence 97 Except for evidence relating to oral history, the evidence in an affidavit must be confined to facts that are within the affiant’s personal knowledge.
Specific Claims Tribunal Rules of Practice and Procedure — 98
Exhibits 98 Each exhibit referred to in an affidavit must be identified by an endorsement on the exhibit, or on a certificate that is attached to the exhibit, that is signed by the person before whom the affidavit is sworn.
Specific Claims Tribunal Rules of Practice and Procedure — 99
Cross-examination 99 A party who cross-examines an affiant concerning their affidavit must order and pay for a transcript of that cross-examination and must provide a copy of the transcript to every other party.
Specific Claims Tribunal Rules of Practice and Procedure — 100
Under oath 100 Each witness called to testify at the hearing must give their testimony under oath.
Specific Claims Tribunal Rules of Practice and Procedure — 101
Transmission to registrar 101 If a party enters a document as evidence at the hearing and that document can be converted into PDF (Portable Document Format) or any other electronic format that allows the document to be converted for printing on letter size paper, the party must transmit the document to the registrar in that format.
Specific Claims Tribunal Rules of Practice and Procedure — 102
Issuance of subpoena 102 A party may make an ex parte application to the Tribunal for the issuance of a subpoena for the attendance of a witness or for the production of documents at the hearing.
Specific Claims Tribunal Rules of Practice and Procedure — 103
Application to set aside 103 A person who is subject to a subpoena may, under Part 4, make an application to have it set aside.
Specific Claims Tribunal Rules of Practice and Procedure — 104
Order of presentation 104 The order of presentation at the hearing is the following: (a) the claimant must make an opening address and then enter evidence; (b) after the claimant’s evidence is concluded, the Crown must make an opening address and then enter its evidence; and (c) after the Crown’s evidence is concluded, the claimant may enter evidence in reply.
Specific Claims Tribunal Rules of Practice and Procedure — 105
Exhibits 105 All exhibits entered in evidence must be numbered and marked.
Specific Claims Tribunal Rules of Practice and Procedure — 106
Order of argument 106 (1) After the parties have been given an opportunity to put in their respective cases, they must be heard in argument in the same order as that in which they entered evidence. Reply (2) A party may reply to the arguments of an adverse party and, if the reply raises a new point of law, the adverse party may answer on that point.
Specific Claims Tribunal Rules of Practice and Procedure — 107
Offer 107 A party may make an offer to settle to another party at any time.
Specific Claims Tribunal Rules of Practice and Procedure — 108
Content 108 An offer to settle must be made in writing and set out (a) the amount of compensation offered, if any; (b) the period of time during which the offer will remain open for acceptance; and (c) any conditions that apply to acceptance of the offer.
Specific Claims Tribunal Rules of Practice and Procedure — 109
Disclosure to Tribunal 109 The fact that an offer to settle has been made, and any details of the offer, can only be revealed to the Tribunal member presiding at the hearing (a) with the written consent of the parties to the offer; or (b) during an application for costs.
Specific Claims Tribunal Rules of Practice and Procedure — 110
Costs — applications 110 (1) After the hearing of an application, the Tribunal may award costs in relation to that application. Costs — proceedings (2) After the hearing of the specific claim, the Tribunal may award costs in relation to the proceedings.
Specific Claims Tribunal Rules of Practice and Procedure — 111
Factors to be considered — general 111 (1) When deciding whether award of costs under subrule 110(2), the Tribunal must consider the following factors: (a) whether a party has acted in bad faith; (b) whether a party has failed to comply with an order of the Tribunal; or (c) whether a party has refused a reasonable offer to settle. Factors to be considered — claimant (2) When deciding whether to award costs to the claimant under subrule 110(2), the Tribunal must also consider the following factors: (a) whether the claimant’s costs are reasonably incurred but are disproportionate to the amount of compensation awarded; and (b) whether the issues in relation to the specific claim are complex or contain elements that are of general public importance.
Specific Claims Tribunal Rules of Practice and Procedure — 112
Registration 112 These Rules come into force on the day on which they are registered.
British Columbia HST Regulations — a
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 277 a and 277.1 b of the Excise Tax Act c , hereby makes the annexed British Columbia HST Regulations . a S.C. 1993, c. 27, s. 125(1) b S.C. 2009, c. 32, s. 37(1) c R.S., c. E-15
British Columbia HST Regulations — 1
Definition of Act 1 In these Regulations, Act means the Excise Tax Act . SOR/2012-191, s. 1
British Columbia HST Regulations — 2
Tax rate for British Columbia 2 For the purposes of paragraph (a) of the definition tax rate in subsection 123(1) of the Act, the prescribed rate for British Columbia is 0%. SOR/2012-191, s. 1