Marginal note:Notice

• 36. (1) The Commission shall give notice of the filing of a specific claim to each province, first nation or person whose interests a party indicates in writing to the Commission might be significantly affected by the claim.

• Marginal note:Effect of failure to notify

  (2) Failure to provide notice does not invalidate any resolution of a specific claim under this Part.

Marginal note:Participation

37. On the request of the parties, the Commission shall allow a province, first nation or person to be consulted during a dispute resolution process under this Part, or a province or first nation to participate as a party.

Marginal note:No disclosure, production or testimony without consent — Chief Executive Officer, commissioner or employee

• 38. (1) Subject to section 75, the Chief Executive Officer, a commissioner or an employee of the Centre who obtains any document or information related to a specific claim in the course of their appointment or employment, unless the parties to the claim consent, may not be compelled to, and shall not, disclose, produce or give evidence about the document or information.

• Marginal note:No disclosure, production or testimony without consent — contractor

  (2) Subject to section 75, a person whose services are engaged by the Centre in respect of a specific claim and who obtains any document or information in the course of their engagement, unless the parties to the claim consent, may not be compelled to, and shall not, disclose, produce or give evidence about the document or information.

Marginal note:Prohibition on representing parties — Chief Executive Officer, commissioner or employee

• 39. (1) The Chief Executive Officer, a commissioner or an employee of the Centre may not represent a party at a Tribunal hearing.

• Marginal note:Prohibition on representing parties — contractor

  (2) A person whose services are engaged by the Centre in respect of a specific claim may not represent a party at a Tribunal hearing in respect of the claim or any other claim based on the same or substantially the same facts.

Marginal note:Evidence not admissible in other proceedings

40. Evidence of anything said, any position taken or any admission made by any person in the course of a dispute resolution process under this Part is not admissible, without the consent of all parties, before the Tribunal or in any other proceeding.

Marginal note:Composition

• 41. (1) The Tribunal Division of the Centre consists of a Chief Adjudicator, a Vice-Chief Adjudicator and up to five other adjudicators to be appointed by the Governor in Council on the recommendation of the Minister.

• Marginal note:Eligibility

  (2) The majority of the adjudicators, including one of the Chief Adjudicator or the Vice-Chief Adjudicator, must be members in good standing of the bar of a province or the Chambre des notaires du Québec.

• Marginal note:Modification of number of adjudicators

  (3) The Governor in Council may, on the recommendation of the Minister, at any time increase or reduce the number of adjudicators.

• Marginal note:Full-time and part-time

  (4) The Chief Adjudicator and Vice-Chief Adjudicator shall be appointed as full-time adjudicators, and other adjudicators may be appointed as full-time or part-time adjudicators.

• Marginal note:Term and tenure

  (5) The Chief Adjudicator and the Vice-Chief Adjudicator 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.

• Marginal note:Term and tenure

  (6) The other adjudicators 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.

• Marginal note:Re-appointment

  (7) An adjudicator is eligible for re-appointment on the expiration of any term of office in the same or another capacity.