Evidence of meeting #45 for Natural Resources in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was tribunal.
A recording is available from Parliament.
3:40 p.m.
Conservative
3:40 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
Yes, that's an interesting observation. The point of the provision is to ensure the claims are handled consistently, so having a consistent method of evaluation would be useful when necessary.
3:40 p.m.
Conservative
The Chair Conservative Leon Benoit
Is there anything else on clause 46?
(Clauses 46 and 47 agreed to)
(Clause 48 allowed to stand)
(Clause 49 agreed to)
(On Clause 50—Panels )
Is there any discussion on clause 50?
Mr. Cullen.
3:40 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
This is just some background on how these tribunals work. Can you explain subclauses 50(1) and 50(2) just in terms of setting up these “panels of the Tribunal consisting of one or more members to hear claims”? Is this that the chairperson is able to set up a bunch of panels to hear claims rather than all going through one place? Is that how these tribunals are meant to be enacted?
3:40 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
Thank you.
Yes, this allows the chairperson to establish multiple panels in the event there are a significant number of claims to be heard. It is, again, aimed at allowing things to be handled more quickly.
3:40 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
The bill as it is doesn't imagine any notion of the composition of those panels. What do committee members have to base this idea around? Is there any template, or are these other judges? Are they insurance adjusters? The concern is that if it was stipulated previously as to who would sit on these types of panels, then that's helpful, but as it is right now, it just says the chairperson can set up panels.
3:40 p.m.
Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Department of Natural Resources
That's correct. The panel would be set up from the members of the tribunal. The backgrounds of the members of the tribunal are described in clause 38, that a majority of the members are to be appointed among sitting or retired judges.
3:40 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
So as I understand this, then, there's going to be a sitting or retired judge who's head of the tribunal. There will then be other former judges or current judges who will be part of the tribunal as well, and they'll be assigned solely, individually, to hear these claims independent of the larger tribunal and assess damages?
3:40 p.m.
Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Department of Natural Resources
There is a power to assign individual tribunal members to form a panel to decide claims. There are also situations where you would have a panel of more than one tribunal member to hear claims, and that gets on further.
3:40 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
So you've only talked about predominantly this one retired or current judge. How many folks are we talking about here? Is this a whole gaggle of judges because the panel is made up of several? Or are we saying there's a panel of three and they just break up the work and they go off and hear these claims? Or does it depend on the size of the body of work involved?
3:40 p.m.
Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Department of Natural Resources
There would be a minimum of five members on the tribunal. So the Governor in Council will appoint a minimum of five members to the tribunal.
3:40 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
And by clause 33, I think you said, all of them are former judges—
3:40 p.m.
Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Department of Natural Resources
It's clause 38, and it's not all of them; it's just the majority.
3:40 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
So a minimum three of the five who get appointed by cabinet will be judges or former judges.
3:40 p.m.
Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Department of Natural Resources
Yes, that is correct.
3:40 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
And those individually can then be assigned to take on a certain block of these petitions.
3:45 p.m.
Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Department of Natural Resources
That's correct.
December 7th, 2009 / 3:45 p.m.
Bloc
Paule Brunelle Bloc Trois-Rivières, QC
The French version reads: “Le président peut constituer des formations du Tribunal [...]”. I understand that these are committees, but I would like to know if the word “formation” is a common legal term. I have never seen it before.
3:45 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
There are jurilinguists at the Department of Justice who make sure that the two versions are the same. Here, they are. We have determined that the word “formations” is the exact equivalent of “panels” in modern drafting.
3:45 p.m.
Conservative
The Chair Conservative Leon Benoit
Okay.
Anything else on clause 50?
(Clauses 50 and 51 agreed to)
(On clause 52—Public hearings)