Marginal note:Advance notice of decision on compensation

69. Not later than 14 days before a panel renders its decision on an issue of compensation, the Tribunal shall give notice to the parties and to the Chief Executive Officer that the decision will be rendered.

Marginal note:Written reasons and publication

70. A panel shall give written reasons for its decisions. The Tribunal shall cause the reasons and the decisions to be published in the manner that the Tribunal decides.

Marginal note:Judicial review

• 71. (1) A decision of a panel is subject to judicial review under the Federal Court Act.

• Marginal note:Final and conclusive

  (2) Subject to subsection (1), a panel’s decisions are not subject to appeal or review and, except for decisions with respect to interlocutory issues, 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.

• Marginal note:Exception re decision of validity

  (3) Despite subsection (2), a decision of a panel that a specific claim is valid is conclusive only under this Act and, except for the purposes of judicial review under subsection (1), any evidence of the decision is inadmissible before any other court or tribunal.

Marginal note:Release and indemnity

72. If a panel makes an order that a specific claim is invalid or awards compensation for a specific claim,

• (a) each respondent party 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 party against any amount that the respondent party 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.

Marginal note:Payment of award

• 73. (1) An award of compensation against the Crown may be paid by instalments, but the award must be fully paid within five years after the date of the Tribunal’s decision.

• Marginal note:Interest

  (2) The unpaid balance of the award bears simple interest from the date of the award, at a rate equal to the lowest rate of interest quoted by banks to the most credit-worthy borrowers for prime business loans, as determined and published by the Bank of Canada for the month in which the award was made, which shall be paid together with each instalment.

Marginal note:Abandonment

74. A specific claim may not be continued 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 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 26(3).