Specific Claims Tribunal Act (S.C. 2008, c. 22)
Full Document:
Assented to 2008-06-18
Specific Claims Tribunal Act
S.C. 2008, c. 22
Assented to 2008-06-18
An Act to establish the Specific Claims Tribunal and to make consequential amendments to other Acts
SUMMARY
This enactment establishes the Specific Claims Tribunal, the mandate of which is to decide issues of validity and compensation relating to specific claims of First Nations, after their submission to the Minister of Indian Affairs and Northern Development. The enactment also makes consequential amendments to other Acts and repeals the Specific Claims Resolution Act.
Preamble
Recognizing that
it is in the interests of all Canadians that the specific claims of First Nations be addressed;
resolving specific claims will promote reconciliation between First Nations and the Crown and the development and self-sufficiency of First Nations;
there is a need to establish an independent tribunal that can resolve specific claims and is designed to respond to the distinctive task of adjudicating such claims in accordance with law and in a just and timely manner;
the right of First Nations to choose and have access to a specific claims tribunal will create conditions that are appropriate for resolving valid claims through negotiations;
the Assembly of First Nations and the Government of Canada have worked together on a legislative proposal from the Government of Canada culminating in the introduction of this Act;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Specific Claims Tribunal Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“asset”
« élément d’actif »
“asset” means tangible property.
“claimant”
« revendicateur »
“claimant” means a First Nation whose specific claim has been filed with the Tribunal.
“claim limit”
« indemnité maximale »
“claim limit” means the maximum amount under paragraph 20(1)(b).
“Crown”
« Sa Majesté »
“Crown” means Her Majesty in right of Canada.
“First Nation”
« première nation »
“First Nation” means
(a) a band as defined in subsection 2(1) of the Indian Act;
(b) a group of persons that was, but is no longer, a band within the meaning of paragraph (a) and that has, under a land claims agreement, retained the right to bring a specific claim; and
(c) a group of persons that was a band within the meaning of paragraph (a), that is no longer a band by virtue of an Act or agreement mentioned in the schedule and that has not released its right to bring a specific claim.
“land claims agreement”
« accord sur des revendications territoriales »
“land claims agreement” has the same meaning as in subsection 35(3) of the Constitution Act, 1982.
“Minister”
« ministre »
“Minister” means the Minister of Indian Affairs and Northern Development.
“party”
« partie »
“party”, in respect of a specific claim, means any claimant, the Crown or any province or First Nation added as a party under section 23 or 24.
“specific claim”
« revendication particulière »
“specific claim” means a claim that is filed under section 14.
“Tribunal”
« Tribunal »
“Tribunal” means the Specific Claims Tribunal established by subsection 6(1).
- Date modified:
