Second Session, Thirty-ninth Parliament,
56-57 Elizabeth II, 2007-2008
STATUTES OF CANADA 2008CHAPTER 22
An Act to establish the Specific Claims Tribunal and to make consequential amendments to other Acts
ASSENTED TO
18th JUNE, 2008
BILL C-30
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to establish the Specific Claims Tribunal and to make consequential amendments to other Acts”.
SUMMARY
This enactment establishes the Specific Claims Tribunal, the mandate of which is to decide issues of validity and compensation relating to specific claims of First Nations, after their submission to the Minister of Indian Affairs and Northern Development. The enactment also makes consequential amendments to other Acts and repeals the Specific Claims Resolution Act.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
TABLE OF PROVISIONS
AN ACT TO ESTABLISH THE SPECIFIC CLAIMS TRIBUNAL AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
      Preamble
SHORT TITLE
1.       Specific Claims Tribunal Act
INTERPRETATION
2.       Definitions
PURPOSE AND APPLICATION OF ACT
3.       Purpose
4.       Inconsistency or conflict
5.       Application
SPECIFIC CLAIMS TRIBUNAL
Establishment
6.       Tribunal
7.       Tenure
8.       Role of Chairperson
9.       Acting after termination of appointment
Administration of the Tribunal
10.       Registry
Functions, Powers and Duties
11.       Functions
12.       Rules of the Tribunal
13.       Powers of the Tribunal
Specific Claims
14.       Grounds of a specific claim
15.       Exceptions
16.       Filing a specific claim
Hearings and Decisions
17.       Application to strike
18.       Hearing and decision
19.       Limitation
20.       Basis and limitations for decision on compensation
21.       Unlawful disposition
22.       Notice to others
23.       Restriction
24.       Party status of a First Nation
25.       Intervention by persons affected
26.       Conduct of hearings
27.       Public hearings
28.       Right to cross-examine
29.       Defences of Crown
30.       Withdrawal
31.       Evidence not admissible in other proceedings
32.       Advance notice of decision on compensation
33.       Written reasons and publication
34.       Judicial review
35.       Release and indemnity
36.       Payment of award
37.       Abandoned specific claim
38.       Public documents
GENERAL
Regulations
39.       Regulations
Annual Report
40.       Annual report
Review and Report
41.       Review
TRANSITIONAL PROVISIONS
42.       Existing claims
43.       Previous decision not to negotiate
CONSEQUENTIAL AMENDMENTS
44-45.       Access to Information Act
46.       Federal Courts Act
47-49.       Financial Administration Act
50.       Privacy Act
51.       Public Service Superannuation Act
REPEAL
52.       Specific Claims Resolution Act
COMING INTO FORCE
53.       Coming into force
SCHEDULE
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56-57 ELIZABETH II
——————
CHAPTER 22
An Act to establish the Specific Claims Tribunal and to make consequential amendments to other Acts
[Assented to 18th June, 2008]
Preamble
Recognizing that
it is in the interests of all Canadians that the specific claims of First Nations be addressed;
resolving specific claims will promote reconciliation between First Nations and the Crown and the development and self-sufficiency of First Nations;
there is a need to establish an independent tribunal that can resolve specific claims and is designed to respond to the distinctive task of adjudicating such claims in accordance with law and in a just and timely manner;
the right of First Nations to choose and have access to a specific claims tribunal will create conditions that are appropriate for resolving valid claims through negotiations;
the Assembly of First Nations and the Government of Canada have worked together on a legislative proposal from the Government of Canada culminating in the introduction of this Act;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Specific Claims Tribunal Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“asset”« élément d’actif »
“asset” means tangible property.
“claimant”« revendicateur »
“claimant” means a First Nation whose specific claim has been filed with the Tribunal.
“claim limit”« indemnité maximale »
“claim limit” means the maximum amount under paragraph 20(1)(b).
“Crown”« Sa Majesté »
“Crown” means Her Majesty in right of Canada.
“First Nation”« première nation »
“First Nation” means
(a) a band as defined in subsection 2(1) of the Indian Act;
(b) a group of persons that was, but is no longer, a band within the meaning of paragraph (a) and that has, under a land claims agreement, retained the right to bring a specific claim; and
(c) a group of persons that was a band within the meaning of paragraph (a), that is no longer a band by virtue of an Act or agreement mentioned in the schedule and that has not released its right to bring a specific claim.
“land claims agreement”« accord sur des revendications territoriales »
“land claims agreement” has the same meaning as in subsection 35(3) of the Constitution Act, 1982.
“Minister”« ministre »
“Minister” means the Minister of Indian Affairs and Northern Development.
“party”« partie »
“party”, in respect of a specific claim, means any claimant, the Crown or any province or First Nation added as a party under section 23 or 24.
“specific claim”« revendication particulière »
“specific claim” means a claim that is filed under section 14.
“Tribunal”« Tribunal »
“Tribunal” means the Specific Claims Tribunal established by subsection 6(1).
PURPOSE AND APPLICATION OF ACT
Purpose
3. The purpose of this Act is to establish the Specific Claims Tribunal, the mandate of which is to decide issues of validity and compensation relating to specific claims of First Nations.
Inconsistency or conflict
4. In the event of any inconsistency or conflict between this Act and any other Act of Parliament, this Act prevails to the extent of the inconsistency or conflict.
Application
5. This Act affects the rights of a First Nation only if the First Nation chooses to file a specific claim with the Tribunal and only to the extent that this Act expressly provides.
SPECIFIC CLAIMS TRIBUNAL
Establishment
Tribunal
6. (1) A tribunal to be known as the Specific Claims Tribunal is established.
Establishment of roster
(2) The Governor in Council shall establish a roster of 6 to 18 superior court judges to act as members of the Tribunal.
Chairperson and other members
(3) The Chairperson and other members shall be appointed from the roster referred to in subsection (2) by the Governor in Council.
Membership
(4) The Tribunal shall consist of
(a) no more than six full-time members; or
(b) any number of part-time members, or combination of full-time and part-time members, so long as the combined time devoted to their functions and duties does not exceed the combined time that would be devoted by six full-time members.
Tenure
7. (1) Each member shall be appointed for a term not exceeding five years and holds office so long as he or she remains a superior court judge.
Reappointment of members
(2) Each member, on the expiry of the first term of office, is eligible to be reappointed for one further term.
Role of Chairperson
8. (1) The Chairperson has supervision over and direction of the work of the Tribunal, including
(a) the allocation of work among the members and the assignment of members to preside at hearings of the Tribunal; and
(b) the performance of the functions and duties of the Tribunal.
Powers of Chairperson
(2) On application by a party, the Chairperson may order that
(a) specific claims be heard together or consecutively if they have issues of law or fact in common;
(b) a specific claim is, together with any other specific claim, subject to one claim limit under subsection 20(4); and
(c) specific claims be decided together if decisions with respect to the claims could be irreconcilable or if the claims are subject to one claim limit.
Absence or incapacity
(3) If the office of Chairperson is vacant, or the Chairperson is absent or is for any reason unable to act, the powers of the Chairperson shall be exercised and the duties performed by the member who is the senior judge and is able and willing to act.
Acting after termination of appointment
9. (1) Subject to subsection (2), a judge who has ceased to be a member, for any reason other than removal, may, with the authorization of the Chairperson, perform and complete any functions or duties that they would otherwise have had if they had not ceased to be a member and that are in connection with any matter in which that judge became engaged while holding office as a member, and a judge so authorized is, for that purpose, deemed to be a member of the Tribunal.
Limitation period
(2) No judge who has ceased to be a member may, after the expiry of 120 days after ceasing to be a member, take part in the disposition of any matter under the authority granted by the Chairperson under subsection (1).
Administration of the Tribunal
Registry
10. (1) There shall be a Registry of the Tribunal consisting of an office in the National Capital Region described in the schedule to the National Capital Act.
Staff
(2) The registrar and any staff that is required for the proper conduct of the work of the Tribunal shall be appointed in accordance with the Public Service Employment Act.
Role of the registrar
(3) The registrar is responsible for the management of the Tribunal’s administrative affairs and the duties of the staff of the Tribunal.
Organization
(4) The staff of the Tribunal shall be organized and the offices shall be operated in any manner that may be provided by the rules referred to in subsection 12(1).
Functions, Powers and Duties
Functions
11. (1) The Tribunal is responsible for holding hearings to decide the validity of specific claims and any compensation arising from those claims.
Hearings
(2) A hearing before the Tribunal shall be held before a single member.
Decision
(3) A decision of a member of the Tribunal is a decision of the Tribunal.
Rules of the Tribunal
12. (1) A committee of no more than six Tribunal members, appointed by the Chairperson, may make general rules for carrying out the work of the Tribunal, the management of its internal affairs and the duties of its staff, as well as rules governing its practice and procedures, including rules governing
(a) the giving of notice;
(b) the presentation of the positions of the parties with respect to issues before the Tribunal and of matters of fact or law on which the parties rely in support of their positions;
(c) the summoning of witnesses;
(d) the production and service of documents;
(e) applications;
(f) discovery proceedings;
(g) the taking and preservation of evidence before the start of a hearing;
(h) case management, including pre-hearing conferences and the use of mediation;
(i) the introduction of evidence;
(j) the imposition of time limits; and
(k) costs.
Advisory committee
(2) The committee referred to in subsection (1) may establish an advisory committee of interested parties to advise it in the development of the Tribunal’s rules of practice and procedure, including efficiencies.
Rules respecting costs
(3) The Tribunal’s rules respecting costs shall accord with the rules of the Federal Court, with any modifications that the Tribunal considers appropriate.
Publication of rules
(4) The Tribunal shall make its rules available to the public and, if possible, publish them in the First Nations Gazette.
Effect of failure to publish
(5) Failure to publish the rules in the First Nations Gazette does not affect the validity of the rules.
Powers of the Tribunal
13. (1) The Tribunal has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and may
(a) determine any questions of law or fact in relation to any matter within its jurisdiction under this Act;
(b) receive and accept any evidence, including oral history, and other information, whether on oath or by affidavit or otherwise, that it sees fit, whether or not that evidence or information is or would be admissible in a court of law, unless it would be inadmissible in a court by reason of any privilege under the law of evidence;
(c) take into consideration cultural diversity in developing and applying its rules of practice and procedure; and
(d) award costs in accordance with its rules of practice and procedure.
Costs
(2) The Tribunal shall deduct from any award of costs in favour of the claimant, any amount provided to the claimant by the Crown for the purpose of bringing the claim before the Tribunal.
Specific Claims
Grounds of a specific claim
14. (1) Subject to sections 15 and 16, a First Nation may file with the Tribunal a claim based on any of the following grounds, for compensation for its losses arising from those grounds:
(a) a failure to fulfil a legal obligation of the Crown to provide lands or other assets under a treaty or another agreement between the First Nation and the Crown;
(b) a breach of a legal obligation of the Crown under the Indian Act or any other legislation — pertaining to Indians or lands reserved for Indians — of Canada or of a colony of Great Britain of which at least some portion now forms part of Canada;
(c) a breach of a legal obligation arising from the Crown’s provision or non-provision of reserve lands, including unilateral undertakings that give rise to a fiduciary obligation at law, or its administration of reserve lands, Indian moneys or other assets of the First Nation;
(d) an illegal lease or disposition by the Crown of reserve lands;
(e) a failure to provide adequate compensation for reserve lands taken or damaged by the Crown or any of its agencies under legal authority; or
(f) fraud by employees or agents of the Crown in connection with the acquisition, leasing or disposition of reserve lands.
Extended meaning of “Crown” — obligations
(2) For the purpose of applying paragraphs (1)(a) to (c) 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 and its colonies 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.
Extended meaning of “Crown” — illegal lease or disposition
(3) For the purpose of applying paragraph (1)(d) 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 and its colonies 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.
Extended meaning of “Crown” — other
(4) For the purpose of applying paragraphs (1)(e) and (f) 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 and its colonies for the period before that area became part of Canada.
Exceptions
15. (1) A First Nation may not file with the Tribunal a claim that
(a) is based on events that occurred within the 15 years immediately preceding the date on which the claim was filed with the Minister;
(b) is based on a land claims agreement entered into after December 31, 1973, or any related agreement or Act of Parliament;
(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;
(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 programs or services;
(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;
(f) is based on, or alleges, aboriginal rights or title; or
(g) is based on treaty rights related to activities of an ongoing and variable nature, such as harvesting rights.
Limitation
(2) Nothing in paragraph (1)(g) prevents a claim that is based on a treaty right to lands or to assets to be used for activities, such as ammunition to be used for hunting or plows to be used for cultivation, from being filed.
When other proceedings
(3) A First Nation may not file a claim if
(a) there are proceedings before a court or tribunal other than the Tribunal that relate to the same land or other 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;
(b) the First Nation and the Crown are parties to those proceedings; and
(c) the proceedings have not been adjourned.
Restrictions
(4) A First Nation may not file a claim if
(a) it is not claiming any compensation;
(b) it is claiming any remedy other than monetary compensation; or
(c) the amount of its claim exceeds the claim limit.
Filing a specific claim
16. (1) A First Nation may file a claim with the Tribunal only if the claim has been previously filed with the Minister and
(a) the Minister has notified the First Nation in writing of his or her decision not to negotiate the claim, in whole or in part;
(b) three years have elapsed after the day on which the claim was filed with the Minister and the Minister has not notified the First Nation in writing of his or her decision on whether to negotiate the claim;
(c) in the course of negotiating the claim, the Minister consents in writing to the filing of the claim with the Tribunal; or
(d) three years have elapsed after the day on which the Minister has notified the First Nation in writing of the Minister’s decision to negotiate the claim, in whole or in part, and the claim has not been resolved by a final settlement agreement.
Form and content of specific claim
(2) For the purpose of subsection (1), the Minister shall
(a) establish a reasonable minimum standard to be followed in relation to the kind of information required for any claim to be filed with the Minister, as well as a reasonable form and manner for presenting the information;
(b) publish the standard on the Department of Indian Affairs and Northern Development’s Internet site; and
(c) notify the First Nation in writing of the date on which the claim was filed with the Minister.
Meeting minimum standard
(3) A claim is to be filed with the Minister only if the information in it meets the minimum standard referred to in paragraph (2)(a) and is presented in the form and manner established under that paragraph.
Hearings and Decisions
Application to strike
17. On application by a party to a specific claim, the Tribunal may, at any time, order that the claim be struck out in whole or in part, with or without leave to amend, on the ground that it
(a) is, on its face, not admissible under sections 14 to 16;
(b) has not been filed by a First Nation;
(c) is frivolous, vexatious or premature; or
(d) may not be continued under section 37.
Hearing and decision
18. After providing notice to the parties, the Tribunal shall hold a hearing, at the time and place that it considers most appropriate, into the issue before it and make a decision on that issue.
Limitation
19. In deciding the issue of the validity of a specific claim, the Tribunal shall not consider any rule or doctrine that would have the effect of limiting claims or prescribing rights against the Crown because of the passage of time or delay.
Basis and limitations for decision on compensation
20. (1) The Tribunal, in making a decision on the issue of compensation for a specific claim,
(a) shall award monetary compensation only;
(b) shall not, despite any other provision in this subsection, award total compensation in excess of $150 million;
(c) shall, subject to this Act, award compensation for losses in relation to the claim that it considers just, based on the principles of compensation applied by the courts;
(d) shall not award any amount for
(i) punitive or exemplary damages, or
(ii) any harm or loss that is not pecuniary in nature, including loss of a cultural or spiritual nature;
(e) shall award compensation equal to the market value of a claimant’s reserve lands at the time they were taken brought forward to the current value of the loss, in accordance with legal principles applied by the courts, if the claimant establishes that those reserve lands were taken under legal authority, but that inadequate compensation was paid;
(f) shall award compensation equal to the value of the damage done to reserve lands brought forward to the current value of the loss, in accordance with legal principles applied by the courts, if the claimant establishes that certain of its reserve lands were damaged under legal authority, but that inadequate compensation was paid;
(g) shall award compensation equal to the current, unimproved market value of the lands that are the subject of the claim, if the claimant establishes that those lands were never lawfully surrendered, or otherwise taken under legal authority;
(h) shall award compensation equal to the value of the loss of use of a claimant’s lands brought forward to the current value of the loss, in accordance with legal principles applied by the courts, if the claimant establishes the loss of use of the lands referred to in paragraph (g); and
(i) shall, if it finds that a third party caused or contributed to the acts or omissions referred to in subsection 14(1) or the loss arising from those acts or omissions, award compensation against the Crown only to the extent that the Crown is at fault for the loss.
For greater certainty
(2) For greater certainty, in awarding the compensation referred to in subsection (1), the Tribunal may consider losses related to activities of an ongoing and variable nature, such as activities related to harvesting rights.
Deduction of benefit
(3) The Tribunal shall deduct from the amount of compensation calculated under subsection (1) the value of any benefit received by the claimant in relation to the subject-matter of the specific claim brought forward to its current value, in accordance with legal principles applied by the courts.
One claim limit for related claims
(4) Two or more specific claims shall, for the purpose of paragraph (1)(b), be treated as one claim if they
(a) are made by the same claimant and are based on the same or substantially the same facts; or
(b) are made by different claimants, are based on the same or substantially the same facts and relate to the same assets.
Equitable apportionment
(5) If claims are treated as one claim under paragraph (4)(b), the Tribunal shall apportion equitably among the claimants the total compensation awarded.
Compensation against province
(6) If the Tribunal finds that a province that has been granted party status caused or contributed to the acts or omissions referred to in subsection 14(1) or the loss arising from those acts or omissions, it may award compensation against the province to the extent that the province was at fault in causing or contributing to the loss.
Unlawful disposition
21. (1) If compensation is awarded under this Act for an unlawful disposition of all of the interests or rights of a claimant in or to land and the interests or rights have never been restored to the claimant, then all of the claimant’s interests in and rights to the land are released, without prejudice to any right of the claimant to bring any proceeding related to that unlawful disposition against a province that is not a party to the specific claim.
Unlawful disposition of partial interest
(2) If compensation is awarded under this Act for the unlawful disposition of a partial interest or right of a claimant in or to reserve land, then the persons who, if the disposition had been lawful, would have had the partial interest or right in or to the land are deemed to have had that interest or right.
Notice to others
22. (1) If the Tribunal’s decision of an issue in relation to a specific claim might, in its opinion, significantly affect the interests of a province, First Nation or person, the Tribunal shall so notify them. The parties may make submissions to the Tribunal as to whose interests might be affected.
Effect of failure to notify
(2) Failure to provide notice does not invalidate any decision of the Tribunal.
Restriction
23. (1) The Tribunal has jurisdiction with respect to a province only if the province is granted party status.
Party status of a province — mandatory
(2) If the Crown alleges that a province that has been notified under subsection 22(1) is wholly or partly at fault for the claimant’s losses, the Tribunal shall grant the province party status provided that the province certifies in writing that it has taken the steps necessary for it to be bound by decisions of the Tribunal.
Party status of a province — discretionary
(3) If the Crown does not allege that a province that has been notified under subsection 22(1) is wholly or partly at fault for the claimant’s losses, the Tribunal may, on application by the province, grant the province party status if the Tribunal considers it a necessary or proper party and provided that the province certifies in writing that it has taken the steps necessary for it to be bound by decisions of the Tribunal.
Party status of a First Nation
24. The Tribunal may, on application by a First Nation to whom notice under subsection 22(1) is provided, grant the First Nation party status if the Tribunal considers it a necessary or proper party.
Intervention by persons affected
25. (1) A First Nation or person to whom notice under subsection 22(1) is provided may, with leave of the Tribunal, intervene before it, to make representations relevant to the proceedings in respect of any matter that affects the First Nation or person.
Factors
(2) In exercising its discretion under subsection (1), the Tribunal shall consider all relevant factors, including the effect that granting intervenor status would have on the cost and length of the hearing.
Conduct of hearings
26. (1) Subject to this Act, the Tribunal shall conduct its hearings in any manner that it considers fit.
Limitation
(2) In deciding how to conduct a hearing, the Tribunal 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.
Public hearings
27. (1) Subject to subsection (2), Tribunal hearings shall be public.
Confidential hearings
(2) The Tribunal may, on application by a party, take any measures and make any order that it considers necessary to ensure the confidentiality of a hearing if it is satisfied that the reasons for confidentiality outweigh the societal interest that the hearing be public.
Right to cross-examine
28. A party may cross-examine a witness
(a) as of right, if the witness is called by a party adverse in interest; and
(b) with leave of the Tribunal, in any other case.
Defences of Crown
29. Subject to section 19, section 24 of the Crown Liability and Proceedings Act applies in respect of a specific claim as if it were a proceeding.
Withdrawal
30. (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 Tribunal shall not render a decision on it.
Costs
(2) The Tribunal 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
31. Subject to subsection 34(1), evidence given by any person in the course of a Tribunal hearing, including anything said, any position taken or any admission made, is not admissible in any other proceeding.
Advance notice of decision on compensation
32. The Tribunal shall, not later than 14 days before it renders its decision on the issue of compensation, give notice to the parties and to the Chairperson that the decision will be rendered.
Written reasons and publication
33. The Tribunal shall give written reasons for its decisions and shall cause the reasons and the decisions to be published in the manner that it considers fit.
Judicial review
34. (1) A decision of the Tribunal is subject to judicial review under section 28 of the Federal Courts Act.
Final and conclusive
(2) Subject to subsection (1), the Tribunal’s decisions 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 and are not subject to review.
Release and indemnity
35. If the Tribunal decides that a specific claim is invalid or awards compensation for a specific claim,
(a) each respondent 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
(b) the claimant shall indemnify each respondent against any amount that the respondent 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
36. (1) An award of compensation against the Crown may, at the discretion of the Crown, be paid by instalments, but the award must be fully paid within five years after the day on which the Tribunal makes its decision.
Interest
(2) The unpaid balance of the award bears simple interest from the date of the award, at a rate equal to the Bank of Canada’s overnight rate on that day plus 2.5%, which shall be paid together with each instalment.
Abandoned specific claim
37. A specific claim is discontinued 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 land or other 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 15(3).
Public documents
38. (1) Subject to subsection (2), documents filed with the Tribunal are public documents.
Confidential documents
(2) 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.
GENERAL
Regulations
Regulations
39. The Governor in Council may make regulations adding to Part 2 of the schedule the name of any agreement related to aboriginal self-government.
Annual Report
Annual report
40. (1) The Chairperson shall submit an annual report on the work of the Tribunal in a fiscal year and its projected activities for the following fiscal year to the Minister within six months after the end of that fiscal year, including the financial statements of the Tribunal and any report on them of the Auditor General of Canada.
Resources
(2) The annual report may include a statement on whether the Tribunal had sufficient resources, including a sufficient number of members, to address its case load in the past fiscal year and whether it will have sufficient resources for the following fiscal year.
Tabling of report
(3) The Minister shall submit a copy of the report to each House of Parliament on any of the first 30 days on which that House is sitting after the report is submitted to the Minister.
Review and Report
Review
41. (1) Within one year after the fifth anniversary of the coming into force of this Act, the Minister shall undertake a review of the mandate and structure of the Tribunal, 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 First Nations an opportunity to make representations.
Report
(2) Within one year after a review is undertaken, 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 Tribunal’s functions, powers or duties, that the Minister recommends and the representations which have been made by First Nations.
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.
TRANSITIONAL PROVISIONS
Existing claims
42. (1) If a First Nation has submitted a claim based on any one or more of the grounds referred to in subsection 14(1) to the Minister before the day on which this Act comes into force containing the kind of information that would meet the minimum standard established under subsection 16(2), or if the claim is being negotiated on the day on which this Act comes into force, the claim is deemed to have been filed with the Minister in accordance with section 16, or the Minister is deemed to have decided to negotiate the claim and to have notified the First Nation in writing of that decision, as the case may be, on the day on which this Act comes into force.
Examination by Minister
(2) Within six months after the day on which this Act comes into force, the Minister shall examine all claims — except those that the Minister has notified the First Nation in writing of the Minister’s decision not to negotiate, in whole or in part — that are based on any one or more of the grounds referred to in subsection 14(1) submitted by First Nations to the Minister before the day on which this Act comes into force, and
(a) if a claim contains the kind of information that would meet the minimum stand- ard established under subsection 16(2), the Minister shall notify the First Nation in writing that its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force;
(b) if a claim does not contain that kind of information, the Minister shall request in writing that the First Nation provide the Minister with the missing information; or
(c) if a claim is being negotiated, in whole or in part, the Minister shall notify the First Nation in writing that for the purpose of section 16 the date of the Minister’s decision to negotiate the claim is deemed to be the day on which this Act comes into force.
Amended claim — deemed filing date
(3) If a First Nation provides the Minister with the information requested under paragraph (2)(b)
(a) within six months after the date of the Minister’s request, its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force; or
(b) later than six months after the date of the Minister’s request, its claim will be filed with the Minister in accordance with section 16 on the date the requested information is received by the Minister.
Notice of filing date
(4) On receiving the information referred to in paragraph (2)(b), the Minister shall notify the First Nation in writing of the date on which its claim was filed with the Minister.
Previous decision not to negotiate
43. For greater certainty, if, before the coming into force of this Act, a First Nation has been notified by the Minister of his or her decision not to negotiate a claim, the First Nation may not file that claim with the Tribunal on the basis of that decision but nothing prevents the First Nation from filing the claim with the Minister after the coming into force of this Act.
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1
Access to Information Act
44. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Specific Claims Tribunal
Tribunal des revendications particulières 
45. Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Specific Claims Tribunal Act
Loi sur le Tribunal des revendications particulières
and a corresponding reference to “subsections 27(2) and 38(2)”.
R.S., c. F-7; 2002, c. 8, s. 14
Federal Courts Act
46. Subsection 28(1) of the Federal Courts Act is amended by striking out the word “and” at the end of paragraph (p), by adding the word “and” at the end of paragraph (q) and by adding the following after paragraph (q):
(r) the Specific Claims Tribunal established by the Specific Claims Tribunal Act.
R.S., c. F-11
Financial Administration Act
47. Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference to
Registry of the Specific Claims Tribunal
Greffe du Tribunal des revendications particulières
and a corresponding reference in column II to the “Minister of Indian Affairs and Northern Development”.
48. Schedule IV to the Act is amended by adding the following in alphabetical order:
Specific Claims Tribunal
Tribunal des revendications particulières
49. Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to
Registry of the Specific Claims Tribunal
Greffe du Tribunal des revendications particulières
and a corresponding reference in column II to the “Registrar”.
R.S., c. P-21
Privacy Act
50. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Specific Claims Tribunal
Tribunal des revendications particulières
R.S., c. P-36
Public Service Superannuation Act
51. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:
Specific Claims Tribunal
Tribunal des revendications particulières
REPEAL
Repeal
52. The Specific Claims Resolution Act, chapter 23 of the Statutes of Canada, 2003, is repealed.
COMING INTO FORCE
Coming into force
53. This Act comes into force 120 days after the day on which it receives royal assent.
SCHEDULE 
(Section 2, paragraph 15(1)(c) and section 39)
PART 1
ACTS RELATED TO SELF-GOVERNMENT
Cree-Naskapi (of Quebec) Act
Loi sur les Cris et les Naskapis du Québec
Kanesatake Interim Land Base Governance Act
Loi sur le gouvernement du territoire provisoire de Kanesatake
Mi’kmaq Education Act
Loi sur l’éducation des Mi’kmaq
Nisga’a Final Agreement Act
Loi sur l’Accord définitif nisga’a
Sechelt Indian Band Self-Government Act
Loi sur l’autonomie gouvernementale de la bande indienne sechelte
Tlicho Land Claims and Self-Government Act
Loi sur les revendications territoriales et l’autonomie gouvernementale du peuple tlicho
Westbank First Nation Self-Government Act
Loi sur l’autonomie gouvernementale de la première nation de Westbank 
Yukon First Nations Self-Government Act
Loi sur l’autonomie gouvernementale des premières nations du Yukon
PART 2
AGREEMENTS RELATED TO SELF-GOVERNMENT
Carcross/Tagish First Nation Self-Government Agreement
Entente sur l’autonomie gouvernementale de la Première nation de Carcross/Tagish
Champagne and Aishihik First Nations Self-Government Agreement
Entente sur l’autonomie gouvernementale des Premières Nations de Champagne et de Aishihik
Kluane First Nation Self-Government Agreement
Entente sur l’autonomie gouvernementale de la Première nation de Kluane
Kwanlin Dun First Nation Self-Government Agreement
Entente sur l’autonomie gouvernementale de la Première nation des Kwanlin Dun
Little Salmon/Carmacks Self-Government Agreement
Entente sur l’autonomie gouvernementale de la première nation de Little Salmon/Carmacks
Nacho Nyak Dun First Nation Self-Government Agreement
Entente sur l’autonomie gouvernementale de la première nation des Nacho Nyak Dun
Selkirk First Nation Self-Government Agreement
Entente sur l’autonomie gouvernementale de la première nation de Selkirk
Ta’an Kwach’an Council Self-Government Agreement
Entente sur l’autonomie gouvernementale du Conseil des Ta’an Kwach’an
Teslin Tlingit Council Self-Government Agreement
Entente sur l’autonomie gouvernementale du conseil des Tlingits de Teslin
Tr’ondek Hwech’in Self-Government Agreement
Entente sur l’autonomie gouvernementale des Tr’ondèk Hwëch’in
Vuntut Gwitchin First Nation Self-Government Agreement
Entente sur l’autonomie gouvernementale de la première nation des Gwitchin Vuntut
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada