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Specific Claims Tribunal Rules of Practice and Procedure (SOR/2011-119)

Regulations are current to 2024-05-14

Specific Claims Tribunal Rules of Practice and Procedure

SOR/2011-119

SPECIFIC CLAIMS TRIBUNAL ACT

Registration 2011-06-03

Specific Claims Tribunal Rules of Practice and Procedure

Whereas, pursuant to subsection 12(1) of the Specific Claims Tribunal ActFootnote a, the Chairperson of the Specific Claims Tribunal has appointed a committee of Tribunal members for the making of rules governing the practice and procedures of the Tribunal;

Therefore, the committee of Tribunal members, pursuant to subsection 12(1) of the Specific Claims Tribunal Act hereby makes the annexed Specific Claims Tribunal Rules of Practice and Procedure.

Ottawa, June 1, 2011

The Honourable Harry Slade
The Honourable Patrick Smith
The Honourable Johanne Mainville
Committee Members

Interpretation

 The following definitions apply in these Rules.

Act

Act means the Specific Claims Tribunal Act. (Loi)

Chairperson

Chairperson means the superior court judge who is appointed as the Chairperson of the Tribunal under subsection 6(3) of the Act. (président)

file

file means to file with the registrar. (déposer)

legal counsel

legal counsel means a person who is a member of a provincial or territorial Bar. (conseiller juridique)

letter size paper

letter size paper means paper that is 21.5 cm by 28 cm (8½ in. by 11 in.). (papier format lettre)

registrar

registrar means the registrar referred to in subsection 10(2) of the Act. (greffier)

representative

representative means, in respect of a party, a First Nation or a person, their legal counsel or their representative permitted under subrule 7(2). (représentant)

PART 1General Rules

General

Marginal note:General principle

 These Rules must be interpreted and applied so as to secure the just, timely and cost-effective resolution of specific claims while taking the cultural diversity and the distinctive character of specific claims into account.

Marginal note:Orders

 The Tribunal may make any order that is necessary to secure the just, timely or cost-effective resolution of the specific claim.

Marginal note:Varying , dispensing with and supplementing Rules

  •  (1) The Tribunal may vary a Rule, dispense with compliance with a Rule, or supplement a Rule, when the Tribunal considers it is necessary to do so in order to secure the just, timely or cost-effective resolution of the specific claim.

  • Marginal note:Directions — technological problems

    (2) If a document is required by these Rules to be filed or served by email, and technological problems arise that prevent that from occurring, the Tribunal may provide directions, as necessary, regarding the filing or service of that document in the circumstances.

Marginal note:Matters not provided for

 The Tribunal may provide for any matter of practice or procedure not provided for in these Rules by analogy to the Federal Courts Rules.

Time limits

Marginal note:Interpretation Act

 A time limit set out in these Rules, or in an order of the Tribunal, must be determined in accordance with sections 26 to 29 of the Interpretation Act, except that Saturday is also considered to be a holiday.

Representation

Marginal note:Legal counsel required

  •  (1) Subject to subrules (2) and (3), all parties, First Nations and persons must be represented in the proceedings by legal counsel.

  • Marginal note:Exception — First Nations

    (2) The Tribunal may, in special circumstances, grant leave for a claimant or other First Nation to be represented in the proceedings by someone who is not legal counsel.

  • Marginal note:Exception — individuals

    (3) An individual is not required to be represented in the proceedings by legal counsel.

Marginal note:Ceasing representation

 A person ceases to be a representative under these Rules when they file written notice to that effect and serve it on each party.

Order and Stages of Hearings

Marginal note:Order of hearings

 The Chairperson may determine the order in which specific claims are to be heard without regard to the order in which they were filed.

Marginal note:Hearing in stages

 If validity of the specific claim and any compensation arising from it are both at issue, the Chairperson may order that the hearing of those matters proceed in separate stages.

Adjournments

Marginal note:Ajournment

 A party who seeks to adjourn all or part of the proceedings must make an application requesting that relief.

Undertakings and Agreements

Marginal note:In writing

 All undertakings given by a party and all agreements entered into between parties, must be made in writing.

PART 2Filing of Documents

General

Marginal note:Registry file

 For each specific claim, the registrar must create and maintain a file that contains a paper copy of the declaration of claim, the response and any application filed in relation to the claim.

Marginal note:List of documents

 Documents that are being filed must be accompanied by a list that identifies each document and provides a brief description for each of them.

Marginal note:Filing after 17:00

 A document that is filed by email or fax after 17:00 Ottawa local time is deemed to have been filed on the next day that is not a holiday.

Marginal note:Deemed original

 A document that is filed by email or fax is deemed to be the original of that document.

Electronic Filing

Marginal note:Means

  •  (1) Subject to Rule 18, parties and intervenors must file their documents by email.

  • Marginal note:Format

    (2) A document must be filed in PDF (Portable Document Format) or any other electronic format that allows the document to be converted for printing on letter size paper.

  • Marginal note:Sworn Statements

    (3) If a sworn statement is filed by email, the person filing it must retain the original paper copy of that sworn statement and, if requested, provide it to the Tribunal.

  • Marginal note:Time stamp

    (4) The registrar must apply a stamp, indicating the date and time of filing, to each document that is filed.

Alternate Filing

Marginal note:Leave required

 The Tribunal may grant leave for a document to be filed in paper or by fax if doing so would be just, timely or cost-effective in the circumstances.

Marginal note:Format

  •  (1) A document that is filed in paper or by fax must be printed on letter size paper. However, a document that is being filed in paper may be filed in its existing format if it cannot be printed on letter size paper.

  • Marginal note:Page numbers

    (2) The pages of a document that is filed in paper or by fax must be consecutively numbered.

Marginal note:Fax cover sheet

 A document that is filed by fax must have a cover sheet that sets out

  • (a) the name, address and telephone number of the person filing the document;

  • (b) the date and time of the transmission;

  • (c) the total number of pages transmitted, including the cover page; and

  • (d) the name and telephone number of a person to be contacted in the event of a transmission problem.

PART 3Service of Documents

General

Marginal note:Means

 A document must be served personally or by email, fax or registered mail.

Marginal note:Effective on delivery

  •  (1) A document is served when it is delivered to

    • (a) in the case of a party, the party’s representative; and

    • (b) in the case of an intervenor, their representative, or if they are not represented, to them personally.

  • Marginal note:Service after 17:00

    (2) However, a document that is served by email or fax after 17:00 at the recipient’s local time is deemed to have been delivered on the next day that is not a holiday.

Service By Fax

Marginal note:Format

 A document that is served by fax must be printed on letter size paper.

Marginal note:Limit

 A document that is more than 50 pages in length is not to be served by fax without the recipient’s prior consent.

Marginal note:Cover sheet

 A document that is served by fax must have a cover sheet that sets out

  • (a) the name, address and telephone number of the person serving the document;

  • (b) the date and time of the transmission;

  • (c) the total number of pages transmitted, including the cover page; and

  • (d) the name and telephone number of a person to be contacted in the event of a transmission problem.

Service By Email

Marginal note:Format

 A document that is served by email must be in PDF (Portable Document Format) or any other electronic format that allows the document to be converted for printing on letter size paper.

Marginal note:Cover page

 A document that is served by email must be accompanied by an electronic message that sets out

  • (a) the name, address and telephone number of person serving the document;

  • (b) a description of the document that is being served;

  • (c) the date and time of the transmission; and

  • (d) the name, telephone number and email address of a person to be contacted in the event of a transmission problem.

Proof of Service

Marginal note:Form

  •  (1) Proof of the service of a document must be given by

    • (a) an affidavit of service; or

    • (b) by the admission of the party served.

  • Marginal note:Delivery receipt

    (2) An affidavit of service for a document that was served by email, fax or registered mail must include a receipt confirming that the document was successfully delivered to the recipient.

PART 4Applications

General

Marginal note:Application

 This Part applies to applications referred to in the Act, these Rules and any other application made by a party for the resolution of a procedural or evidentiary issue by the Tribunal.

Marginal note:Leave required

 Except for an application referred to in the Act, subrule 60(2) or Part 11, leave of the Tribunal is required before an application can be made to the Tribunal.

Marginal note:Format

 An application must be made in writing unless the Tribunal grants leave for it to be made orally.

Marginal note:Presiding tribunal member

  •  (1) Each application and each request for leave to make an application must be heard by:

    • (a) the Tribunal member who presides over the case management conference, if the application or request is to be heard before the day on which the pre-hearing conference is to be held; or

    • (b) the Tribunal member who presides over the hearing, if the application or request is to be heard on or after that day.

  • Marginal note:Exception

    (2) However, if the Tribunal member who is required to hear the application or request is unavailable, the application may be heard by any other Tribunal member.

Marginal note:Directions

 The Tribunal member may provide directions to the parties regarding the time and manner in which he or she will hear their arguments and receive evidence in relation to the application.

Written Applications

Marginal note:Notice of application

 An application is made by filing a notice of application that

  • (a) sets out the relief sought by the party and the grounds for the application; and

  • (b) indicates whether any parties have consented to the relief sought.

Marginal note:Response

 Within 10 days after the day on which a party is served with a notice of application, the party may file a response that sets out their position regarding the relief sought by the other party.

Marginal note:Service

 A party who files a notice of application or a response must serve every other party with a copy of that document within 14 days after the day on which it is filed.

Marginal note:Format

 A notice of application and a response must be no more than 20 pages in length, be legible and be printed

  • (a) single-sided on letter size paper; and

  • (b) in type that is 12 points or larger.

Ex Parte Applications

Marginal note:Ex parte applications

 Rules 33 and 36 do not apply to ex parte applications.

PART 5Pleadings

General

Marginal note:No evidence

 A declaration of claim and a response must not contain any evidence to support the facts set out in that document.

Marginal note:Service

 A party who files a declaration of claim or a response must serve every other party with a copy of that document within 30 days after the day on which it is filed.

Declaration of Claim

Marginal note:Content

 A specific claim begins when a First Nation files a declaration of claim that sets out the following information in consecutively numbered paragraphs:

  • (a) the identity of the First Nation and identification of which paragraph of the definition First Nation, in section 2 of the Act, applies to that First Nation;

  • (b) the name, address and telephone number of the First Nation’s representative, and his or her email address for the service of documents;

  • (c) the conditions precedent to filing a claim with the Tribunal, set out in subsection 16(1) of the Act, that have been fulfilled;

  • (d) the paragraphs in subsection 14(1) of the Act that provide the grounds for the specific claim;

  • (e) a brief statement of the facts that form the basis for the specific claim; and

  • (f) a statement that, for the purpose of the specific claim, the claimant does not seek compensation in excess of $150 million.

 

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