GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Economic Measures (Syria) Regulations — 6
6 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply before they are published in the Canada Gazette .
Special Economic Measures (Syria) Regulations — 5
5 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply before they are published in the Canada Gazette .
Special Economic Measures (Syria) Regulations — 3
3 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply before they are published in the Canada Gazette .
Special Economic Measures (Syria) Regulations — 26
26 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply according to their terms before they are published in the Canada Gazette .
Special Economic Measures (Syria) Regulations — 17
17 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act , these Regulations apply according to their terms before they are published in the Canada Gazette .
Specific Claims Tribunal Rules of Practice and Procedure — a
Whereas, pursuant to subsection 12(1) of the Specific Claims Tribunal Act a , the Chairperson of the Specific Claims Tribunal has appointed a committee of Tribunal members for the making of rules governing the practice and procedures of the Tribunal; a S.C. 2008, c. 22
Specific Claims Tribunal Rules of Practice and Procedure — Specific Claims Tribunal Rules of Practice and Procedure
Therefore, the committee of Tribunal members, pursuant to subsection 12(1) of the Specific Claims Tribunal Act hereby makes the annexed Specific Claims Tribunal Rules of Practice and Procedure .
Specific Claims Tribunal Rules of Practice and Procedure — 1
1 The following definitions apply in these Rules. Act means the Specific Claims Tribunal Act . ( Loi ) Chairperson means the superior court judge who is appointed as the Chairperson of the Tribunal under subsection 6(3) of the Act. ( président ) file means to file with the registrar. ( déposer ) legal counsel means a person who is a member of a provincial or territorial Bar. ( conseiller juridique ) letter size paper means paper that is 21.5 cm by 28 cm (8½ in. by 11 in.). ( papier format lettre ) registrar means the registrar referred to in subsection 10(2) of the Act. ( greffier ) representative means, in respect of a party, a First Nation or a person, their legal counsel or their representative permitted under subrule 7(2). ( représentant )
Specific Claims Tribunal Rules of Practice and Procedure — Specific Claims Tribunal Rules of Practice and Procedure
Act means the Specific Claims Tribunal Act . ( Loi )
Specific Claims Tribunal Rules of Practice and Procedure — Specific Claims Tribunal Rules of Practice and Procedure
Chairperson means the superior court judge who is appointed as the Chairperson of the Tribunal under subsection 6(3) of the Act. ( président )
Specific Claims Tribunal Rules of Practice and Procedure — Specific Claims Tribunal Rules of Practice and Procedure
file means to file with the registrar. ( déposer )
Specific Claims Tribunal Rules of Practice and Procedure — Specific Claims Tribunal Rules of Practice and Procedure
legal counsel means a person who is a member of a provincial or territorial Bar. ( conseiller juridique )
Specific Claims Tribunal Rules of Practice and Procedure — Specific Claims Tribunal Rules of Practice and Procedure
letter size paper means paper that is 21.5 cm by 28 cm (8½ in. by 11 in.). ( papier format lettre )
Specific Claims Tribunal Rules of Practice and Procedure — Specific Claims Tribunal Rules of Practice and Procedure
registrar means the registrar referred to in subsection 10(2) of the Act. ( greffier )
Specific Claims Tribunal Rules of Practice and Procedure — Specific Claims Tribunal Rules of Practice and Procedure
representative means, in respect of a party, a First Nation or a person, their legal counsel or their representative permitted under subrule 7(2). ( représentant )
Specific Claims Tribunal Rules of Practice and Procedure — 2
General principle 2 These Rules must be interpreted and applied so as to secure the just, timely and cost-effective resolution of specific claims while taking the cultural diversity and the distinctive character of specific claims into account.
Specific Claims Tribunal Rules of Practice and Procedure — 3
Orders 3 The Tribunal may make any order that is necessary to secure the just, timely or cost-effective resolution of the specific claim.
Specific Claims Tribunal Rules of Practice and Procedure — 4
Varying , dispensing with and supplementing Rules 4 (1) The Tribunal may vary a Rule, dispense with compliance with a Rule, or supplement a Rule, when the Tribunal considers it is necessary to do so in order to secure the just, timely or cost-effective resolution of the specific claim. Directions — technological problems (2) If a document is required by these Rules to be filed or served by email, and technological problems arise that prevent that from occurring, the Tribunal may provide directions, as necessary, regarding the filing or service of that document in the circumstances.
Specific Claims Tribunal Rules of Practice and Procedure — 5
Matters not provided for 5 The Tribunal may provide for any matter of practice or procedure not provided for in these Rules by analogy to the Federal Courts Rules .
Specific Claims Tribunal Rules of Practice and Procedure — 6
Interpretation Act 6 A time limit set out in these Rules, or in an order of the Tribunal, must be determined in accordance with sections 26 to 29 of the Interpretation Act , except that Saturday is also considered to be a holiday.
Specific Claims Tribunal Rules of Practice and Procedure — 7
Legal counsel required 7 (1) Subject to subrules (2) and (3), all parties, First Nations and persons must be represented in the proceedings by legal counsel. Exception — First Nations (2) The Tribunal may, in special circumstances, grant leave for a claimant or other First Nation to be represented in the proceedings by someone who is not legal counsel. Exception — individuals (3) An individual is not required to be represented in the proceedings by legal counsel.
Specific Claims Tribunal Rules of Practice and Procedure — 8
Ceasing representation 8 A person ceases to be a representative under these Rules when they file written notice to that effect and serve it on each party.
Specific Claims Tribunal Rules of Practice and Procedure — 9
Order of hearings 9 The Chairperson may determine the order in which specific claims are to be heard without regard to the order in which they were filed.
Specific Claims Tribunal Rules of Practice and Procedure — 10
Hearing in stages 10 If validity of the specific claim and any compensation arising from it are both at issue, the Chairperson may order that the hearing of those matters proceed in separate stages.
Specific Claims Tribunal Rules of Practice and Procedure — 11
Ajournment 11 A party who seeks to adjourn all or part of the proceedings must make an application requesting that relief.
Specific Claims Tribunal Rules of Practice and Procedure — 12
In writing 12 All undertakings given by a party and all agreements entered into between parties, must be made in writing.
Specific Claims Tribunal Rules of Practice and Procedure — 13
Registry file 13 For each specific claim, the registrar must create and maintain a file that contains a paper copy of the declaration of claim, the response and any application filed in relation to the claim.
Specific Claims Tribunal Rules of Practice and Procedure — 14
List of documents 14 Documents that are being filed must be accompanied by a list that identifies each document and provides a brief description for each of them.
Specific Claims Tribunal Rules of Practice and Procedure — 15
Filing after 17:00 15 A document that is filed by email or fax after 17:00 Ottawa local time is deemed to have been filed on the next day that is not a holiday.
Specific Claims Tribunal Rules of Practice and Procedure — 16
Deemed original 16 A document that is filed by email or fax is deemed to be the original of that document.
Specific Claims Tribunal Rules of Practice and Procedure — 17
Means 17 (1) Subject to Rule 18, parties and intervenors must file their documents by email. Format (2) A document must be filed in PDF (Portable Document Format) or any other electronic format that allows the document to be converted for printing on letter size paper. Sworn Statements (3) If a sworn statement is filed by email, the person filing it must retain the original paper copy of that sworn statement and, if requested, provide it to the Tribunal. Time stamp (4) The registrar must apply a stamp, indicating the date and time of filing, to each document that is filed.
Specific Claims Tribunal Rules of Practice and Procedure — 18
Leave required 18 The Tribunal may grant leave for a document to be filed in paper or by fax if doing so would be just, timely or cost-effective in the circumstances.
Specific Claims Tribunal Rules of Practice and Procedure — 19
Format 19 (1) A document that is filed in paper or by fax must be printed on letter size paper. However, a document that is being filed in paper may be filed in its existing format if it cannot be printed on letter size paper. Page numbers (2) The pages of a document that is filed in paper or by fax must be consecutively numbered.
Specific Claims Tribunal Rules of Practice and Procedure — 20
Fax cover sheet 20 A document that is filed by fax must have a cover sheet that sets out (a) the name, address and telephone number of the person filing the document; (b) the date and time of the transmission; (c) the total number of pages transmitted, including the cover page; and (d) the name and telephone number of a person to be contacted in the event of a transmission problem.
Specific Claims Tribunal Rules of Practice and Procedure — 21
Means 21 A document must be served personally or by email, fax or registered mail.
Specific Claims Tribunal Rules of Practice and Procedure — 22
Effective on delivery 22 (1) A document is served when it is delivered to (a) in the case of a party, the party’s representative; and (b) in the case of an intervenor, their representative, or if they are not represented, to them personally. Service after 17:00 (2) However, a document that is served by email or fax after 17:00 at the recipient’s local time is deemed to have been delivered on the next day that is not a holiday.
Specific Claims Tribunal Rules of Practice and Procedure — 23
Format 23 A document that is served by fax must be printed on letter size paper.
Specific Claims Tribunal Rules of Practice and Procedure — 24
Limit 24 A document that is more than 50 pages in length is not to be served by fax without the recipient’s prior consent.
Specific Claims Tribunal Rules of Practice and Procedure — 25
Cover sheet 25 A document that is served by fax must have a cover sheet that sets out (a) the name, address and telephone number of the person serving the document; (b) the date and time of the transmission; (c) the total number of pages transmitted, including the cover page; and (d) the name and telephone number of a person to be contacted in the event of a transmission problem.
Specific Claims Tribunal Rules of Practice and Procedure — 26
Format 26 A document that is served by email must be in PDF (Portable Document Format) or any other electronic format that allows the document to be converted for printing on letter size paper.
Specific Claims Tribunal Rules of Practice and Procedure — 27
Cover page 27 A document that is served by email must be accompanied by an electronic message that sets out (a) the name, address and telephone number of person serving the document; (b) a description of the document that is being served; (c) the date and time of the transmission; and (d) the name, telephone number and email address of a person to be contacted in the event of a transmission problem.
Specific Claims Tribunal Rules of Practice and Procedure — 28
Form 28 (1) Proof of the service of a document must be given by (a) an affidavit of service; or (b) by the admission of the party served. Delivery receipt (2) An affidavit of service for a document that was served by email, fax or registered mail must include a receipt confirming that the document was successfully delivered to the recipient.
Specific Claims Tribunal Rules of Practice and Procedure — 29
Application 29 This Part applies to applications referred to in the Act, these Rules and any other application made by a party for the resolution of a procedural or evidentiary issue by the Tribunal.
Specific Claims Tribunal Rules of Practice and Procedure — 30
Leave required 30 Except for an application referred to in the Act, subrule 60(2) or Part 11, leave of the Tribunal is required before an application can be made to the Tribunal.
Specific Claims Tribunal Rules of Practice and Procedure — 31
Format 31 An application must be made in writing unless the Tribunal grants leave for it to be made orally.
Specific Claims Tribunal Rules of Practice and Procedure — 32
Presiding tribunal member 32 (1) Each application and each request for leave to make an application must be heard by: (a) the Tribunal member who presides over the case management conference, if the application or request is to be heard before the day on which the pre-hearing conference is to be held; or (b) the Tribunal member who presides over the hearing, if the application or request is to be heard on or after that day. Exception (2) However, if the Tribunal member who is required to hear the application or request is unavailable, the application may be heard by any other Tribunal member.
Specific Claims Tribunal Rules of Practice and Procedure — 33
Directions 33 The Tribunal member may provide directions to the parties regarding the time and manner in which he or she will hear their arguments and receive evidence in relation to the application.
Specific Claims Tribunal Rules of Practice and Procedure — 34
Notice of application 34 An application is made by filing a notice of application that (a) sets out the relief sought by the party and the grounds for the application; and (b) indicates whether any parties have consented to the relief sought.
Specific Claims Tribunal Rules of Practice and Procedure — 35
Response 35 Within 10 days after the day on which a party is served with a notice of application, the party may file a response that sets out their position regarding the relief sought by the other party.
Specific Claims Tribunal Rules of Practice and Procedure — 36
Service 36 A party who files a notice of application or a response must serve every other party with a copy of that document within 14 days after the day on which it is filed.
Specific Claims Tribunal Rules of Practice and Procedure — 37
Format 37 A notice of application and a response must be no more than 20 pages in length, be legible and be printed (a) single-sided on letter size paper; and (b) in type that is 12 points or larger.
Specific Claims Tribunal Rules of Practice and Procedure — 38
Ex parte applications 38 Rules 33 and 36 do not apply to ex parte applications.
Specific Claims Tribunal Rules of Practice and Procedure — 39
No evidence 39 A declaration of claim and a response must not contain any evidence to support the facts set out in that document.
Specific Claims Tribunal Rules of Practice and Procedure — 40
Service 40 A party who files a declaration of claim or a response must serve every other party with a copy of that document within 30 days after the day on which it is filed.
Specific Claims Tribunal Rules of Practice and Procedure — 41
Content 41 A specific claim begins when a First Nation files a declaration of claim that sets out the following information in consecutively numbered paragraphs: (a) the identity of the First Nation and identification of which paragraph of the definition First Nation , in section 2 of the Act, applies to that First Nation; (b) the name, address and telephone number of the First Nation’s representative, and his or her email address for the service of documents; (c) the conditions precedent to filing a claim with the Tribunal, set out in subsection 16(1) of the Act, that have been fulfilled; (d) the paragraphs in subsection 14(1) of the Act that provide the grounds for the specific claim; (e) a brief statement of the facts that form the basis for the specific claim; and (f) a statement that, for the purpose of the specific claim, the claimant does not seek compensation in excess of $150 million.
Specific Claims Tribunal Rules of Practice and Procedure — 42
Content 42 Within 30 days after the day on which the Crown is served with the declaration of claim, the Crown must file a response that sets out the following information in consecutively numbered paragraphs: (a) a statement indicating whether the Minister decided not to negotiate the specific claim, in whole or in part and, if so, the date of that decision; (b) the Crown’s position with respect to the validity of the specific claim; (c) if the Crown’s position is that the specific claim is valid, which of paragraphs 20(1)(e) to (h) of the Act may provide the basis for the Tribunal to award compensation; (d) for each fact set out in the declaration of claim, a statement indicating whether the Crown admits, denies or has no knowledge of that fact; (e) a brief statement of the facts that are related to the specific claim; (f) the relief sought by the Crown; and (g) an email address for the service of documents.
Specific Claims Tribunal Rules of Practice and Procedure — 43
Notification 43 Notification made by the Tribunal under subsection 22(1) of the Act must be in writing and be served personally or by registered mail.
Specific Claims Tribunal Rules of Practice and Procedure — 44
Late application 44 If a person makes an application for party status, or for leave to intervene, more than 60 days after the day on which they were served with the notice under subsection 22(1) of the Act, the Tribunal must, in deciding whether or not to grant the application, consider whether the person took all reasonable efforts to make the application in a timely manner.
Specific Claims Tribunal Rules of Practice and Procedure — 45
Application for leave to intervene 45 In addition to the information required under Rule 34, the notice of application for an application for leave to intervene must set out (a) the name, address and telephone number of the person and their representative, if any; (b) a description of the manner in which they propose to participate in the proceedings and how their participation could assist the Tribunal in resolving the issues in relation to the specific claim; (c) the name of the party, if any, whose position that person intends to support; and (d) the language to be used by that person in the proceedings.
Specific Claims Tribunal Rules of Practice and Procedure — 46
Directions 46 The Tribunal may provide an intervenor with directions regarding their role in the proceedings and the procedures to be followed, if doing so assists the just and timely resolution of the specific claim. However, before providing directions, the Tribunal must provide the parties with an opportunity to make submissions regarding possible directions.
Specific Claims Tribunal Rules of Practice and Procedure — 47
Notice 47 When a case management conference is scheduled, the registrar must provide the parties with notice of that conference.
Specific Claims Tribunal Rules of Practice and Procedure — 48
Attendance 48 (1) A party’s representative must attend each case management conference in person. Exception (2) However, a party’s representative may, with leave of the Tribunal, attend a case conference in another manner.
Specific Claims Tribunal Rules of Practice and Procedure — 49
First case management conference 49 (1) The following matters must be discussed at the first case management conference: (a) the condition precedent set out in subsection 16(1) of the Act that gave rise to the filing of the specific claim; (b) the Crown’s position with respect to the validity of the specific claim; (c) the degree to which the parties have prepared their cases respecting compensation; (d) whether any of the parties are intending to enter oral history evidence; (e) whether the interests of a province, First Nation or person might be significantly affected by a decision of the Tribunal described in subsection 22(1) of the Act; (f) whether the parties are interested in pursuing a mediated settlement of all or part of the specific claim; and (g) how best to conduct the proceedings so that they remain proportionate to the amount in dispute and the importance and complexity of the issues involved. All case management conferences (2) At every case management conference, the parties must be prepared to discuss any matter that may assist in the just, timely and cost-effective determination of an issue in relation to the specific claim, including: (a) protocols for the entering of oral history evidence and expert evidence; (b) the nature of the evidence that the parties intend to enter and whether any of that evidence will be oral history evidence, expert evidence or evidence that was not disclosed while the claim was filed with the Minister; (c) procedural matters related to applications; (d) cultural diversity matters that should be considered in applying these Rules; (e) matters related to the disclosure of documents and any related issues of privilege or confidentiality; (f) identification of issues in relation to the specific claim that have been resolved between the parties and those that remain to be decided by the Tribunal; (g) identification and status of other claims that are based on similar facts or that involve the same lands or assets as the specific claim; (h) matters related to the testimony of potential witnesses; and (i) the procedural timeline.
Specific Claims Tribunal Rules of Practice and Procedure — 50
Settlement discussions 50 Except with the written consent of all parties, all statements made and all documents disclosed at a case management conference in respect of the settlement of all or part of an issue in relation to the specific claim are made and disclosed without prejudice.
Specific Claims Tribunal Rules of Practice and Procedure — 51
Electronic record 51 Each case management conference must be recorded electronically. However, the content of that record cannot be used in the proceedings unless leave is granted by the Tribunal or the content is incorporated in an order of the Tribunal.
Specific Claims Tribunal Rules of Practice and Procedure — 52
Availability 52 Parties may, at any time during the proceedings and on terms that are mutually agreeable to them, enter into mediation of any of the issues in relation to the specific claim.
Specific Claims Tribunal Rules of Practice and Procedure — 53
Mediator 53 (1) The mediator must be either a member of the Tribunal or a private mediator that is jointly selected by the parties. Limit (2) Mediation by a Tribunal member is subject to the availability of the member and the resources of the Tribunal. Limit (3) If the mediator is a member of the Tribunal, that member cannot preside over the hearing unless the parties consent.
Specific Claims Tribunal Rules of Practice and Procedure — 54
Without prejudice 54 Except with the written consent of the parties, all statements made and all documents disclosed during the mediation are made and disclosed without prejudice. However, documents disclosed during the mediation can be used at the hearing if they are otherwise available to the parties or the Tribunal in accordance with these Rules.
Specific Claims Tribunal Rules of Practice and Procedure — 55
Pre-hearing conference 55 Before the day on which the hearing is scheduled to begin, a pre-hearing conference must be held between the parties’ representatives and the Tribunal member who will preside at the hearing.