Practice Direction No. 7

Applications for leave

Amendment Notice: 
Effective January 14, 2025, Practice Direction No. 7 issued on September 6, 2012, is revoked and replaced by Practice Direction No. 7 below.

 

  1. This Practice Direction augments Rule 30 of the Specific Claims Tribunal Rules of Practice and Procedure, SOR/2011-119. Rule 30 provides that leave is required before making an application to the Tribunal. It reads:

    Leave required
    30 Except for an application referred to in the Act, subrule 60(2) or Part 11, leave of the Tribunal is required before an application can be made to the Tribunal.

  2. When a potential applicant—whether a party to a claim currently before the Tribunal, a province, a First Nation or a person—seeks leave to make an application, the procedure is as follows:
    1. The potential applicant submits for filing, using the Tribunal’s E-Filing application, an “Application for Leave and Notice of Application” which can be found on the Tribunal's website.
    2. The potential respondent(s) to the application must provide a response by submitting for filing a “Response to Application for Leave and Notice of Application” using the Tribunal’s E-Filing application, which can also be found on the Tribunal's website, within 10 days. 
    3. Before the potential applicant and respondent(s) to the application file written submissions, the Tribunal will first rule on the Application for Leave and Notice of Application. If leave is granted, the above-noted documents will be accepted for filing by the Tribunal, and either a hearing will be scheduled or a case management conference will be held to schedule the hearing.
    4. If a case management conference is held, filing deadlines for written submissions will be set by the Tribunal at that time.
    5. If a hearing is scheduled without the need for a case management conference, filing deadlines for written submissions are as follows:
      • Written submissions of the applicant: 30 days prior to the hearing.
      • Written submissions of the respondent(s) to the application: 15 days prior to the hearing.
      • Written reply submissions of the applicant, if any: 7 days prior to the hearing.
    6. If the applicant or respondent(s) to the application intend to rely on supporting materials at the hearing—such as affidavits, maps, documents, etc.—these must be filed according to the same deadlines as the written submissions, and must comply with Practice Direction No. 5.
    7. Following the hearing, the Tribunal will render its decision on the application.
  3. The Tribunal reminds potential applicants and respondents to applications that written submissions are the proper forum for presenting legal argument, not the “Application for Leave and Notice of Application” and the “Response to Application for Leave and Notice of Application”. The Tribunal must first rule on the Application for Leave and Notice of Application before any submissions are provided by potential applicants and respondents to applications.

Honourable Victoria Chiappetta, Chairperson
Specific Claims Tribunal