SHORT TITLE

Marginal note:Short title

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

INTERPRETATION

Marginal note:Definitions

2. 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

3. 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

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

Marginal note:Composition

5. 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

6. 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

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

Marginal note:Term and tenure

• 8. (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

• 9. (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

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

Marginal note:Personnel management

11. 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.

Marginal note:Group insurance and benefit programs

• 12. (1) The Centre may establish benefit programs, including group insurance programs, for its employees, may set any terms and conditions in respect of those programs, including those relating to contributions, premiums, expenditures to be made from those contributions and premiums, benefits and the management, control and audit of the programs, may make contributions and pay premiums in respect of those programs and may enter into contracts for those purposes.

• Marginal note:Financial Administration Act does not apply

  (2) The Financial Administration Act does not apply to any contributions made or premiums paid by the Centre or the members of any program established under subsection (1) in respect of the program or any benefits received by those members.

Marginal note:Mobility to departments

• 13. (1) For the purpose of deployments or appointments made, or closed competitions held, under the Public Service Employment Act, employees of the Centre shall be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act.

• Marginal note:When deployments made subject to terms

  (2) The Public Service Commission may, in consultation with the Treasury Board and the Centre, set terms and conditions for the deployment of Centre employees to departments and agencies under the Public Service Employment Act if, in its opinion, the principles governing the Centre’s staffing program are incompatible with those governing staffing under that Act.

• Marginal note:Mobility to the Centre

  (3) When the Centre considers employees within the meaning of the Public Service Employment Act for employment within the Centre, it shall treat them as if they were employees of the Centre.

Marginal note:Public Service Commission reviews

14. The Public Service Commission may periodically review the compatibility of the principles governing the Centre’s staffing program with those governing staffing under the Public Service Employment Act and, in that case, shall report its findings to the Centre.

Marginal note:Political partisanship

15. Sections 32 to 34 of the Public Service Employment Act apply to the Chief Executive Officer, commissioners, adjudicators and employees of the Centre as if the Chief Executive Officer, commissioners and adjudicators were deputy heads, and the employees were employees, as defined in subsection 2(1) of that Act.

General Provisions

Marginal note:Offices

16. The offices of the Centre shall be in the National Capital Region as described in the schedule to the National Capital Act.

Marginal note:Audit

17. The accounts and financial transactions of the Centre shall be audited annually by the Auditor General of Canada, and a report of the audit shall be made to the Centre and to the Minister.

Marginal note:Annual report

• 18. (1) The Centre shall submit a report on the work of the Centre in a fiscal year to the Minister within six months after the end of that fiscal year, including the financial statements of the Centre and the report on them of the Auditor General of Canada.

• Marginal note:Tabling of report

  (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the report is submitted to the Minister.

• Marginal note:Available to first nations and the public

  (3) The Centre shall make the report available for public scrutiny at its offices and shall provide a copy of the report to a first nation on request.

Marginal note:Quarterly report

19. Every three months, on the dates that the Minister specifies, the Centre shall report to the Minister

• (a) the total amount of compensation payable in respect of specific claims resolved other than by a decision of the Tribunal during that quarter; and

• (b) the total amount of compensation payable in respect of specific claims resolved by a decision of the Tribunal during that quarter.

PART 2COMMISSION

Composition and Role

Composition

Marginal note:Composition

• 20. (1) The Commission Division of the Centre consists of a Chief Commissioner, a Vice-Chief Commissioner and up to five other commissioners to be appointed by the Governor in Council on the recommendation of the Minister.

• Marginal note:Modification of number of commissioners

  (2) The Governor in Council may, on the recommendation of the Minister, at any time increase or reduce the number of commissioners.

• Marginal note:Full-time and part-time

  (3) The Chief Commissioner and Vice-Chief Commissioner shall be appointed as full-time commissioners, and other commissioners may be appointed as full-time or part-time commissioners.

• Marginal note:Term and tenure

  (4) The Chief Commissioner and the Vice-Chief Commissioner 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:Term and tenure

  (5) The other commissioners shall hold office during good behaviour for a term of not more than three years and may be removed for cause by the Governor in Council.

• Marginal note:Re-appointment

  (6) A commissioner is eligible for re-appointment on the expiration of any term of office in the same or another capacity.

Remuneration

Marginal note:Full-time commissioners

• 21. (1) Full-time commissioners shall devote the whole of their time to the performance of the duties of their office and shall be paid the remuneration that is fixed by the Governor in Council. They are entitled to be paid reasonable travel and living expenses incurred by them in the course of carrying out their duties under this Act while absent from their 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 commissioners

  (2) Part-time commissioners shall be paid the remuneration that is fixed by the Governor in Council. They are entitled to be paid reasonable travel and living expenses incurred by them in the course of carrying out their duties under this Act while absent from their 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

  (3) Commissioners shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions as commissioner.

• Marginal note:Compensation

  (4) Commissioners are 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.