PART 4GENERAL

Marginal note:Abandonment

74. A specific claim may not be continued 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 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 26(3).

Marginal note:Public documents

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

• Marginal note:Confidential documents

  (2) The Commission, on the request of a party, or a panel of 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.

Marginal note:Review

• 76. (1) Not earlier than three years and not later than five years after the coming into force of this section, the Minister shall undertake and complete a review of the mandate and structure of the Centre, of its efficiency and effectiveness of operation and of any other matters related to this Act that the Minister considers appropriate. In carrying out the review, the Minister shall give to first nations an opportunity to make representations.

• Marginal note:Report

  (2) On completion of the review, the Minister shall cause to be prepared and sign a report that sets out a statement of any changes to this Act, including any changes to the functions, powers or duties of the Centre or either of its divisions, that the Minister recommends.

• Marginal note:Tabling and referral of report

  (3) The Minister shall submit to each House of Parliament a copy of the report on any of the first 90 days on which that House is sitting after the Minister signs the report, and each House shall refer the report to the appropriate committee of that House.

Marginal note:Opportunity to make representations regarding appointments

76.1 The Minister shall, before making a recommendation under section 5 or subsection 20(1) or 41(1), notify claimants — which notification may be by ordinary mail sent to their latest known addresses — that they may, during a period that the Minister specifies of not less than 30 days after the date of the notice, make representations in respect of appointments to the office or offices in question.

Marginal note:Avoiding of conflicting conduct

• 76.2 (1) At no time shall a person who was appointed under section 5 or subsection 20(1) or 41(1) act for any party in connection with any specific claim in relation to which they performed any work or concerning which they obtained significant information during their term in office.

• Marginal note:One-year non-employment period

  (2) Persons who were appointed under section 5 or subsection 20(1) or 41(1) shall not, within a period of one year after the end of their term in office, accept any employment with or enter into a contract for services with the Department of Indian Affairs and Northern Development or a first nation that had a pending specific claim — before the Commission or the Tribunal, in the case of the Chief Executive Officer, or, in the case of a commissioner or adjudicator, before the Division of the Centre to which the person was appointed — at any time during their term in office.

Marginal note:Regulations

77. The Governor in Council may make regulations

• (a) adding to Part 2 of the schedule the name of any agreement related to aboriginal self-government; and

• (b) prescribing anything that may, under this Act, be prescribed.

PART 5TRANSITIONAL PROVISION, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENT AND COMING INTO FORCE

Transitional Provision

Marginal note:Meaning of “claimant”

77.1 During the period of one year after the coming into force of section 76.1, the reference in that section to “claimants” shall be read as a reference to “claimants under this Act or under the Specific Claims Policy of the Government of Canada”.

Consequential Amendments

R.S., c. A-1Access to Information Act

78. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

79. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

and a corresponding reference to “section 38 and subsections 62(2) and 75(2)”.

R.S., c. F-11Financial Administration Act

80. Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in column I:

and a corresponding reference in column II to the “Minister of Indian Affairs and Northern Development”.

R.S., c. P-21Privacy Act

81. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. P-35Public Service Staff Relations Act

82. Part II of Schedule I to the Public Service Staff Relations Act is amended by adding the following in alphabetical order:

R.S., c. P-36Public Service Superannuation Act

83. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Coordinating Amendment

84. On the later of the coming into force of section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, and subsection 71(1) of this Act, subsection 71(1) of this Act is replaced by the following:

Coming into Force

Marginal note:Coming into force

85. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.