Marginal note:Acting after termination of appointment
9. (1) Subject to subsection (2), a judge who has ceased to be a member, for any reason other than removal, may, with the authorization of the Chairperson, perform and complete any functions or duties that they would otherwise have had if they had not ceased to be a member and that are in connection with any matter in which that judge became engaged while holding office as a member, and a judge so authorized is, for that purpose, deemed to be a member of the Tribunal.
Marginal note:Limitation period
(2) No judge who has ceased to be a member may, after the expiry of 120 days after ceasing to be a member, take part in the disposition of any matter under the authority granted by the Chairperson under subsection (1).
Administration of the Tribunal
(2) The registrar and any staff that is required for the proper conduct of the work of the Tribunal shall be appointed in accordance with the Public Service Employment Act.
Marginal note:Role of the registrar
(3) The registrar is responsible for the management of the Tribunal’s administrative affairs and the duties of the staff of the Tribunal.
(4) The staff of the Tribunal shall be organized and the offices shall be operated in any manner that may be provided by the rules referred to in subsection 12(1).
Functions, Powers and Duties
11. (1) The Tribunal is responsible for holding hearings to decide the validity of specific claims and any compensation arising from those claims.
(2) A hearing before the Tribunal shall be held before a single member.
(3) A decision of a member of the Tribunal is a decision of the Tribunal.
Marginal note:Rules of the Tribunal
12. (1) A committee of no more than six Tribunal members, appointed by the Chairperson, may make general rules for carrying out the work of the Tribunal, the management of its internal affairs and the duties of its staff, as well as rules governing its practice and procedures, including rules governing
(a) the giving of notice;
(b) the presentation of the positions of the parties with respect to issues before the Tribunal and of matters of fact or law on which the parties rely in support of their positions;
(c) the summoning of witnesses;
(d) the production and service of documents;
(f) discovery proceedings;
(g) the taking and preservation of evidence before the start of a hearing;
(h) case management, including pre-hearing conferences and the use of mediation;
(i) the introduction of evidence;
(j) the imposition of time limits; and
Marginal note:Advisory committee
(2) The committee referred to in subsection (1) may establish an advisory committee of interested parties to advise it in the development of the Tribunal’s rules of practice and procedure, including efficiencies.
Marginal note:Rules respecting costs
(3) The Tribunal’s rules respecting costs shall accord with the rules of the Federal Court, with any modifications that the Tribunal considers appropriate.
Marginal note:Publication of rules
(4) The Tribunal shall make its rules available to the public and, if possible, publish them in the First Nations Gazette.
Marginal note:Effect of failure to publish
(5) Failure to publish the rules in the First Nations Gazette does not affect the validity of the rules.
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