PURPOSE AND APPLICATION OF ACT
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.
Marginal note: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.
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
6. (1) A tribunal to be known as the Specific Claims Tribunal is established.
Marginal note: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.
Marginal note: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.
(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.
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.
Marginal note:Reappointment of members
(2) Each member, on the expiry of the first term of office, is eligible to be reappointed for one further term.
Marginal note: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.
Marginal note: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.
Marginal note: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.
- Date modified: