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Specific Claims Tribunal Act (S.C. 2008, c. 22)

Assented to 2008-06-18

Marginal note:Judicial review

  • 34. (1) A decision of the Tribunal is subject to judicial review under section 28 of the Federal Courts Act.

  • Marginal note:Final and conclusive

    (2) Subject to subsection (1), the Tribunal’s decisions are final and conclusive between the parties in all proceedings in any court or tribunal arising out of the same or substantially the same facts and are not subject to review.

Marginal note:Release and indemnity

35. If the Tribunal decides that a specific claim is invalid or awards compensation for a specific claim,

  • (a) each respondent is released from any cause of action, claim or liability to the claimant and any of its members of any kind, direct or indirect, arising out of the same or substantially the same facts on which the claim is based; and

  • (b) the claimant shall indemnify each respondent against any amount that the respondent becomes liable to pay as a result of a claim, action or other proceeding for damages brought by the claimant or any of its members against any other person arising out of the same or substantially the same facts.

Marginal note:Payment of award

  • 36. (1) An award of compensation against the Crown may, at the discretion of the Crown, be paid by instalments, but the award must be fully paid within five years after the day on which the Tribunal makes its decision.

  • Marginal note:Interest

    (2) The unpaid balance of the award bears simple interest from the date of the award, at a rate equal to the Bank of Canada’s overnight rate on that day plus 2.5%, which shall be paid together with each instalment.

Marginal note:Abandoned specific claim

37. A specific claim is discontinued if the claimant

  • (a) commences, before another tribunal or a court, a proceeding against the Crown that is based on the same or substantially the same facts as the claim, or that relates to the same land or other assets as the claim and could result in a decision irreconcilable with that of the claim, unless the claimant immediately has the proceeding adjourned; or

  • (b) takes a new step in, or does not continue to adjourn, a proceeding mentioned in paragraph (a) or in subsection 15(3).

Marginal note:Public documents

  • 38. (1) Subject to subsection (2), documents filed with the Tribunal are public documents.

  • Marginal note:Confidential documents

    (2) The Tribunal, on the application of a party, may take any measures that it considers necessary to ensure the confidentiality of a document if it is satisfied that the interest of a party or a person that the document not be disclosed outweighs the societal interest that it be public.