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

Assented to 2003-11-07

Specific Claims Resolution Act

S.C. 2003, c. 23

Assented to 2003-11-07

An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts

SUMMARY

This enactment establishes the Canadian Centre for the Independent Resolution of First Nations Specific Claims including the Commission Division to help first nations and the Crown resolve specific claims and the Tribunal Division to decide certain issues arising from those claims if they cannot be otherwise resolved, and makes related amendments to other Acts.

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

 This Act may be cited as the Specific Claims Resolution Act.

INTERPRETATION

Marginal note:Definitions

 The following definitions apply in this Act.

“Centre”

« Centre »

“Centre” means the Canadian Centre for the Independent Resolution of First Nations Specific Claims established under section 4.

“claim limit”

« indemnité maximale »

“claim limit” means the maximum under paragraph 56(1)(a).

“claimant”

« revendicateur »

“claimant” means a first nation whose specific claim has been filed.

“Commission”

« Commission »

“Commission” means the Commission Division of the Centre described in Part 2.

“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.

“interlocutory issue”

« question interlocutoire »

“interlocutory issue” means an issue in relation to which an application may be made to the Tribunal under section 47.

“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 or such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act.

“party”

« partie »

“party”, in respect of a specific claim, means any claimant and the Crown, and any province added as a party under section 37 or 60.

“specific claim”

« revendication particulière »

“specific claim” means a claim that is filed under section 26.

“Tribunal”

« Tribunal »

“Tribunal” means the Tribunal Division of the Centre described in Part 3.

PURPOSE

Marginal note:Purpose

 The purpose of this Act is to establish the Centre, including the Commission to help first nations and the Crown resolve specific claims and the Tribunal to decide certain issues arising from those claims.

PART 1CANADIAN CENTRE FOR THE INDEPENDENT RESOLUTION OF FIRST NATIONS SPECIFIC CLAIMS

Establishment, Composition and Functions

Marginal note:Establishment

 The Canadian Centre for the Independent Resolution of First Nations Specific Claims is hereby established.

Marginal note:Composition

 The Centre consists of the Chief Executive Officer — to be appointed by the Governor in Council on the recommendation of the Minister — and the Commission and the Tribunal.

Marginal note:Functions

 The Centre is responsible for

  • (a) administering the affairs of the Commission and, with the exception of any matters assigned under this Act to the Tribunal or its Chief Adjudicator, those of the Tribunal;

  • (b) providing, at its expense, appropriate translation and interpretation services in connection with the resolution of specific claims under this Act; and

  • (c) obtaining, developing and distributing educational materials for public information in respect of specific claims and fostering public understanding of this Act, including an understanding of the role and activities of the Commission and the Tribunal.

Chief Executive Officer

Marginal note:Functions, powers and duties

 The Chief Executive Officer has supervision over and direction of the work and staff of the Centre.

Marginal note:Term and tenure
  •  (1) The Chief Executive Officer shall hold office during good behaviour for a term of not more than five years and may be removed for cause by the Governor in Council.

  • Marginal note:Re-appointment

    (2) The Chief Executive Officer is eligible for re-appointment on the expiration of any term of office.

  • Marginal note:Remuneration

    (3) The Chief Executive Officer shall be paid the remuneration that is fixed by the Governor in Council.

  • Marginal note:Full-time

    (4) If the Chief Executive Officer is appointed full-time, he or she shall devote the whole of his or her time to the performance of the duties of the office and is entitled to be paid reasonable travel and living expenses incurred in the course of carrying out his or her duties under this Act while absent from his or her ordinary place of work, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada.

  • Marginal note:Part-time

    (5) If the Chief Executive Officer is appointed part-time, he or she is entitled to be paid reasonable travel and living expenses incurred in the course of carrying out his or her duties under this Act while absent from his or her ordinary place of residence, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada.

  • Marginal note:Conflicting responsibilities and activities prohibited

    (6) The Chief Executive Officer shall not accept or hold any office or employment or carry on any activity inconsistent with the duties and functions of that office, but, for greater certainty, the Chief Executive Officer may also hold the office of Chief Commissioner of the Commission.

  • Marginal note:Compensation

    (7) The Chief Executive Officer is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Marginal note:Deputy head
  •  (1) The Chief Executive Officer has the rank and status of a deputy head for the purposes of the Financial Administration Act.

  • Marginal note:Absence or incapacity

    (2) In the event of the absence or incapacity of the Chief Executive Officer, or if the office of Chief Executive Officer is vacant, the Chief Commissioner of the Commission — or if the offices of Chief Executive Officer and Chief Commissioner are held by the same person, the Vice-Chief Commissioner of the Commission — has the powers and duties of the Chief Executive Officer.

Personnel Management

Marginal note:Separate employer

 The Centre is a separate employer under the Public Service Staff Relations Act.

Marginal note:Personnel management

 The Centre has exclusive authority in respect of personnel management and employer and employee relations, including the right to hire any staff it considers necessary for the proper conduct of the work of the Commission and of the Tribunal, to determine the terms and conditions of their employment and to terminate their employment, and may, in the exercise of that authority,

  • (a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;

  • (b) implement an employment equity program;

  • (c) determine requirements for the training and development of its personnel and fix the terms and conditions on which that training and development may be carried out;

  • (d) provide for the classification of positions and employees;

  • (e) determine and regulate its employees’ pay, hours of work, leave and any related matters;

  • (f) provide for the awards that may be made to its employees for outstanding performance of their duties, for other meritorious achievement in relation to those duties and for inventions or practical suggestions for improvements;

  • (g) establish standards of discipline for its employees and fix the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct and the circumstances and manner in which and the authority by which or by whom those penalties may be applied, or be varied or rescinded in whole or in part;

  • (h) provide for the termination of employment or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of its employees and establish the circumstances and manner in which and the authority by which or by whom those measures may be taken, or be varied or rescinded in whole or in part;

  • (i) determine and regulate the payments that may be made to its employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; and

  • (j) provide for any other matters that the Centre considers necessary for effective personnel management.

 
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