Specific Claims Resolution Act (S.C. 2003, c. 23)

Marginal note:Copy to Minister on filing

27. On the filing of a specific claim, the Commission shall provide a copy of it and its supporting documentation to the Minister.

Marginal note:Initial meeting

• 28. (1) The Commission shall, on the filing of a specific claim, convene a preparatory meeting of the parties for the purpose of identifying and clarifying the basis of the claim and the matters of fact or law on which the claimant relies in support of the claim, any additional research required and any other issue relevant to the preparation of the claim for consideration by the Minister.

• Marginal note:Additional meetings

  (2) The Commission, on the request of a party, may convene additional preparatory meetings and, when appropriate, community meetings in order to permit the involvement of other interested persons including elders, members of the claimant and relevant public officials.

Marginal note:Amendments

29. At any time during or on the completion of the preparatory meetings, the claimant may make any amendments to its specific claim that it desires in order to fully and clearly set out the basis for its claim and the matters of fact or law on which it relies in support of the claim. The Commission shall provide a copy of any such amendments to the Minister.

Marginal note:Process suspended for Minister’s decision

• 30. (1) On the completion of the preparatory meetings relating to a specific claim and receipt of any amendments under section 29, the Commission shall suspend proceedings in relation to the claim until it receives in writing the Minister’s decision on whether the Minister will negotiate the claim.

• Marginal note:Delay not to be considered for validity

  (2) The Minister, in making a decision on whether to negotiate a claim, shall not consider any rule or doctrine that would have the effect of limiting claims or prescribing rights against the Crown because of passage of time or delay.

• Marginal note:Report of Minister

  (3) The Minister shall, at least every six months after the completion of the preparatory meetings, report to the Commission on the status of the review, the expected date of the Minister’s decision and, if applicable, the reasons why more time is required than previously expected.

• Marginal note:No deemed decision

  (4) No passage of time in relation to the decision on whether to negotiate a claim may be considered as constituting a decision not to negotiate the claim.

Marginal note:After decision not to negotiate

31. On receipt of the Minister’s decision not to negotiate a specific claim, the Commission shall, on the request of the claimant, assist the parties to attempt to resolve the issue of validity using any appropriate dispute resolution process.

Marginal note:Referral to Tribunal

• 32. (1) On the request of the claimant, the Commission shall refer the issue of the validity of a specific claim to the Tribunal if it is satisfied that

  • (a) the basis for the claim and all matters of fact and law on which the claimant relies in support of the claim have been fully and clearly identified and adequately researched and have been considered by the Minister;

  • (b) all dispute resolution processes appropriate for resolving the issue have been exhausted without the issue having been resolved; and

  • (c) the claimant has, in prescribed form, waived any compensation for the claim that is in excess of the claim limit as it applies to the claim in accordance with section 56.

• Marginal note:Documents on referral

  (2) When it refers the issue of validity to the Tribunal, the Commission shall provide to the Tribunal a copy of all documents that it has provided to the Minister under sections 27 and 29.

• Marginal note:Issue of allocation of responsibility

  (3) On the request of a party, the Commission shall, together with the issue of validity, refer to the Tribunal the issue of the extent, if any, of each respondent party’s responsibility with regard to each claimant for the claim.