Specific Claims Tribunal Act

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.