Specific Claims Resolution Act (S.C. 2003, c. 23)

Marginal note:Full-time adjudicators

• 42. (1) Full-time adjudicators shall devote the whole of their time to the performance of the duties of their office and shall be paid the remuneration that is fixed by the Governor in Council. They are entitled to be paid reasonable travel and living expenses incurred by them in the course of carrying out their duties under this Act while absent from their ordinary place of work, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada.

• Marginal note:Part-time adjudicators

  (2) Part-time adjudicators shall be paid the remuneration that is fixed by the Governor in Council. They are entitled to be paid reasonable travel and living expenses incurred by them in the course of carrying out their duties under this Act while absent from their ordinary place of residence, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada.

• Marginal note:Conflicting responsibilities and activities prohibited

  (3) Adjudicators shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions as adjudicator.

• Marginal note:Compensation

  (4) Adjudicators are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Marginal note:Chief Adjudicator

• 43. (1) The Chief Adjudicator is responsible for the management of the business and affairs of the Tribunal, including the following responsibilities:

  • (a) to strike panels to conduct hearings and decide issues before the Tribunal;

  • (b) to lead the Tribunal in the exercise of its power to make rules under subsection 45(1); and

  • (c) to provide guidance and assistance to panels.

• Marginal note:Absence or incapacity

  (2) In the event of the absence or incapacity of the Chief Adjudicator or if the office of Chief Adjudicator is vacant, the Vice-Chief Adjudicator has the powers and duties of the Chief Adjudicator.

Marginal note:Functions

44. The Tribunal is responsible to hold hearings into and decide issues before it relating to specific claims.

Marginal note:Powers of the Tribunal

• 45. (1) The Tribunal may make rules governing the proceedings, practice and procedures of panels, including rules governing

  • (a) giving of notice;

  • (b) 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) summoning of witnesses;

  • (d) production and service of documents;

  • (e) discovery proceedings;

  • (f) taking and preservation of evidence before the start of a hearing;

  • (g) pre-hearing conferences;

  • (h) introduction of evidence;

  • (i) imposition of time limits; and

  • (j) costs, which rules shall accord with the rules of the Federal Court, with any modifications that may be required.

• Marginal note:Publication of rules

  (2) The Tribunal shall make its rules available to the public and, if possible, publish them in the First Nations Gazette or a similar publication.