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

Interpretation

1 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

2 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

3 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

• 4 (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

5 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

6 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

• 7 (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

8 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

9 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

10 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

11 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

12 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

13 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

14 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

15 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

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

Electronic Filing

Marginal note:Means

• 17 (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

18 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

• 19 (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

20 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

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

Marginal note:Effective on delivery

• 22 (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

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

Marginal note:Limit

24 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

25 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

26 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

27 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

• 28 (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

29 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

30 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

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

Marginal note:Presiding tribunal member

• 32 (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.