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 Indian Affairs and Northern Development’s 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.