March 21, 2011
Rules of Practice and Procedure
The Rules of practice and procedure that have been prepared in consultation with the Advisory Committee come within the definition of Regulations under the Statutory Instruments Act (SIA). As such, they must conform to Federal standards that apply to all Regulations made under the authority of Federal legislation.
This means that, like all regulations that apply to Federal statutes, a process of review must be undertaken by the Statutory Instrument Branch of the Department of Justice. The review process ensures that the Rules comply with the provisions of the enabling legislation, in this case the Specific Claims Tribunal Act.
All members of the Tribunal have been engaged in several meetings with the Federal lawyers assigned to this project.
After the review process is completed the Rules will have a very different appearance than those developed by the Tribunal in consultation with the Advisory Committee. I anticipate however, that there will be very little change in substance.
The Tribunal cannot commence operations until the Rules have been reviewed and the provisions of the SIA complied with and fulfilled.
The timeline for completion of this project is determined by the statutory instrument review process and not by the Tribunal. Additional delay may be encountered since completion of the Rules is not within our control.
Justice Harry Slade
Chairperson, Specific Claims Tribunal