Specific Claims Tribunal Act (S.C. 2008, c. 22)

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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 Crown-Indigenous Relations and Northern Affairs’ Internet site; and

  • (c) notify the First Nation in writing of the date on which the claim was filed with the Minister.

• Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note:Effect of failure to notify

  (2) Failure to provide notice does not invalidate any decision of the Tribunal.

Marginal note:Restriction

• 23 (1) The Tribunal has jurisdiction with respect to a province only if the province is granted party status.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:Conduct of hearings

• 26 (1) Subject to this Act, the Tribunal shall conduct its hearings in any manner that it considers fit.

• Marginal note: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.