Practice Direction No. 6

Intervention: Request for Notice

Amendment Notice: 
Effective January 14, 2025, Practice Direction No. 6 issued on May 16, 2012, is revoked and replaced by Practice Direction No. 6 below.

 

  1. This Practice Direction augments subsection 22(1) of the Specific Claims Tribunal Act, SC 2008, c  2, which dictates how and when notice must be provided to others whose interests may be significantly affected by a decision of the Tribunal (referred to as a Section 22 Notice). It reads:

    Notice to others
    22 (1) If the Tribunal’s decision of an issue in relation to a specific claim might, in its opinion, significantly affect the interests of a province, First Nation or person, the Tribunal shall so notify them. The parties may make submissions to the Tribunal as to whose interests might be affected.

  2. If a province, First Nation or person has not received a Section 22 Notice and believes that their interests may be significantly affected by a decision of the Tribunal, they may request to be provided a Section 22 Notice by writing to the Tribunal.
  3. The request must be submitted electronically by emailing the Registry at claims.revendications@sct-trp.ca. It must be submitted by legal counsel and should:
    1. identify the claim currently before the Tribunal, including the title of the proceedings and Tribunal file number;
    2. identify the issue(s);
    3. provide the full name, address, telephone number and email address of the province, First Nation or person making the request;
    4. briefly summarize the basis on which the province, First Nation or person believes their interests may be significantly affected; and
    5. provide the full name, address, telephone number and email address of legal counsel.
  4. Service of the written request on the parties to the claim currently before the Tribunal is not required.
  5. Within 10 days of receiving the request, the Tribunal will determine whether to provide a Section 22 Notice to the requesting province, First Nation or person. 
  6. If a Section 22 Notice is provided, it will be sent by registered mail. 
  7. The province, First Nation or person has 60 days to respond to the Section 22 Notice, starting from the date the notice is received.

Honourable Victoria Chiappetta, Chairperson
Specific Claims Tribunal