Huu-ay-aht First Nations Tribunal · PDF file01.06.2017 · 1 01369871 Huu-ay-aht First Nations Tribunal 500 – 221 West Esplanade North Vancouver, BC, V7M 3J3 [email protected]

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Huu-ay-aht First Nations Tribunal 500 – 221 West Esplanade

North Vancouver, BC, V7M 3J3 [email protected]

Enacted on November 28, 2011 Tribunal Directive 2011-2

Amended June 1, 2017 Tribunal Directive 2017-2

RULES OF PRACTICE AND PROCEDURE PART I – RULES A. Guiding Principles

1. These Rules are to be read together with the Tribunal Act, including those sections of the BC Administrative Tribunals Act which are adopted pursuant to Section 33 of the Act, and other relevant HFN legislation.

2. These Rules consist of:

Part I – Rules Part II – Table of Forms Part III - Concordance Schedule A – Forms

3. The purpose of these Rules is to ensure:

(a) the fair and just resolution of matters brought before the Tribunal;

(b) the conduct of a proceeding is proportional to the complexity of the matter before the Tribunal;

(c) flexibility in the conduct of matters before the Tribunal; and

(d) matters before the Tribunal are resolved in a timely manner.

B. Interpretation

1. In these rules “Tribunal” means any of the chair, acting chair, panel of members, or a panel of one member, as the case may be.

2. Non-compliance with these rules does not nullify an Application or a response to an Application unless the Tribunal rules otherwise.

3. The Tribunal may issue Practice Directives and Public Notices, which will be available for review at the Tribunal Registry and posted on the Tribunal website.

4. Where these Rules do not provide sufficient guidance on procedure, the Tribunal may make reference to the British Columbia Supreme Court Civil Rules for guidance.



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C. Applications to Tribunal

1. Matters may be brought before the Tribunal by filing in the Tribunal Registry the appropriate Notice of Application form specified in Part II and III of these Rules.

2. A Notice of Application may be filed by delivery to the Tribunal:

(a) by personal delivery to 500 – 221 West Esplanade, North Vancouver, BC, V7M 3J3 to the Attention: Tribunal Registrar;

(b) by mail to Tribunal at 500 – 221 West Esplanade, North Vancouver, BC, V7M 3J3 to the Attention: Tribunal Registrar; or

(c) by email to [email protected].

3. Where a Notice of Application submitted to the Tribunal is not complete, the Tribunal may:

(a) provide the Applicant with an opportunity to complete the Application; or

(b) reject the Application. 4. Upon receipt of a Notice of Application, or upon receipt of a Response, Reply,

amendment or further Application, the Tribunal may:

(a) Dismiss the Application pursuant to Rule J Summary Dismissal;

(b) Convene a Case Management Conference in accordance with Rule K Case Management Conference;

(c) Refer the Application to a Dispute Resolution Process in accordance with Rule L Dispute Resolution Process;

(d) Issue a Direction on Procedure pursuant to Rule K Case Management Conference or the Tribunal’s powers pursuant to the Tribunal Act; or

(e) Set the Application for a Summary Hearing pursuant to Rule M Summary Hearing and Disposition.

D. Service & Delivery of Documents

1. Upon receipt of a complete Notice of Application, the Tribunal Registrar will deliver a copy of the Notice of Application to the Executive Council by leaving a copy with the Executive Director.

2. The Tribunal will not further consider an Application until service has been effected in accordance with this Rule.

3. Where a Notice of Application identifies a Respondent, the Registrar must serve the Notice of Application on that Respondent.



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4. Where an Application is brought pursuant to the Election Act, the Commissioner is responsible for service of the Application on all persons having a direct interest in the Application who have not been otherwise served.

5. Service on a Respondent is to be effected by leaving a copy of the Notice of Application with him or her.

6. Where an Applicant or Respondent has provided an address for delivery, service or delivery of a document may be effected by delivering a copy of that document to that address.

7. Proof of service or delivery may be established by:

(a) acknowledgment in writing by the person served; or

(b) a solemn declaration of the person serving or delivering the document in Form D1.

8. Notwithstanding sub-rule D2, the Tribunal may proceed with consideration of an

Application where service has not been properly effected if there is no prejudice to any party or if any such prejudice can be addressed by an adjournment or other means.

9. Notwithstanding sub-rule D3, in the case of an Application pursuant to Section 17(1)(e) of the Tribunal Act, the Applicant is responsible for service of the Application on the Respondent(s).

E. Notice of Response

1. Where a Notice of Application is served on a Respondent, the Respondent must file a Notice of Response in Form B1 or B4 within 14 days of service of the Notice of Application.

2. The Notice of Response by the Respondent must be delivered to the Applicant by the Tribunal Registrar forthwith upon the Notice being filed in the Tribunal Registry.

3. In the event that the Respondent fails to file a Notice of Response, the Tribunal may proceed to consider the Application and render a decision without further notice to the Respondent, as the case may be.

4. In an Application pursuant to Section 17(1)(e) of the Tribunal Act, a Notice of Response may include a claim by the Respondent against the Applicant.

F. Notice of Reply

1. An Applicant may file a Notice of Reply in Form C1 to a Notice of Response when the Response raises new issues of fact or law, or includes a claim by the Respondent against the Applicant.



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2. An Applicant is not required to file a Notice of Reply.

3. A Notice of Reply must be filed in the Tribunal Registry within 14 days of delivery of the Notice of Response to the Applicant.

4. A Notice of Reply must be delivered to the Respondent or the Executive Council, as the case may be, by the Tribunal Registrar forthwith upon the Notice being filed in the Registry.

G. Intervenors

1. A person, including the Executive Council, wishing to intervene in a proceeding before the Tribunal may file a Notice of Application to Intervene, in Form B2, in the Tribunal Registry.

2. The Tribunal Registrar will deliver copies of the Notice of Application to Intervene to all parties. Any party wishing to support or oppose the intervention may file a Notice of Response to Application to Intervene in Form A12 within 14 days of delivery.

3. At the expiry of time for filing Notices of Response to the Application to Intervene, the Tribunal may:

(a) allow the intervention;

(b) allow the intervention on terms; or

(c) deny the intervention. H. Extension or Abridgment of Time

1. The Tribunal may extend or abridge time limits specified in these rules where such extension or abridgment is not contrary to legislation, special circumstances exist, and there is no injustice or prejudice to another party.

I. Amendments

1. A party who has filed a Notice of Application, Notice of Response, or Notice of Reply may at any time apply to the Tribunal to amend that Notice.

2. An application for amendment must be served on the Applicant, Respondent(s) or Executive Director, and intervenors, as the case may be.

3. On receipt of an application for amendment, the Tribunal may hear from the parties and intervenors either orally or in writing, and may:

(a) allow the amendment;

(b) allow the amendment on such terms as the Tribunal may determine; or

(c) dismiss the application for amendment.



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J. Summary Dismissal of Application

1. At any time after an application is filed, the Tribunal may dismiss all or part of it if the Tribunal determines:

(a) the Notice of Application is incomplete or otherwise defective;

(b) the Notice of Application was not filed within the applicable time limit;

(c) the Application is not within the jurisdiction of the Tribunal;

(d) the Application is frivolous, vexatious or trivial, made in bad faith or filed for an improper purpose or motive;

(e) the Applicant has failed to diligently pursue the Application, failed to comply with an Order of the Tribunal or failed to attend a Case Management Conference or a Hearing;

(f) there is no reasonable prospect that the Application will succeed; or

(g) the substance of the Application has been appropriately dealt with in another proceeding.

2. Before dismissing all or part of an Application under sub-rule S1, the Tribunal must give

the Applicant an opportunity to make written submissions or otherwise be heard.

3. If the Tribunal dismisses all or part of an Application under sub-rule S1, the Tribunal must inform the Applicant, any other parties, and any intervenors of its decision in writing and give reasons for that decision.

K. Case Management Conference

1. At any time, whether or not requested by a party, the Tribunal may convene a Case Management Conference and will notify the parties of the time and place of the conference.

2. The Tribunal may direct that the Case Management Conference be held by telephone conference.

3. All parties are obligated to attend a Case Management Conference convened by the Tribunal.

4. If an Applicant fails to attend a Case Management Conference without reasonable excuse, the Tribunal may dismiss the Application.

5. If a Respondent fails to attend a Case Management Conference without reasonable excuse, the Tribunal may proceed to render a decision on the Application and grant the remedy sought by the Applicant in whole or in part.



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6. The Tribunal may make orders or directions at or following a Case Management Conference in respect to the following:

(a) Procedure at Hearings or Summary Hearings, including, without limitation:

(i) order of presentation of evidence and argument;

(ii) the exclusion of witnesses from proceedings;

(iii) setting time limits for a hearing or submissions;

(iv) the filing of written submissions by the parties; and

(v) the transcribing or tape-recording of proceedings;

(b) Evidentiary matters;

(c) The exchange of records and documents by the parties;

(d) The exchange of witness lists;

(e) Directions to require an Applicant or Respondent to provide further information

(f) The addition of a party to a proceeding;

(g) Witness fees and expenses; and

(h) Compelling the attendance of witnesses at any Hearing.

L. Dispute Resolution Process

1. With the agreement of the parties, the Tribunal may hold a Settlement Conference, to be presided at by the chair or a single Tribunal member.

2. With the agreement of the parties, the Tribunal may refer the matter to mediation before a member of the Tribunal or an independent mediator.

3. If the matter is not resolved through the Settlement Conference or mediation, as the case may be, a Tribunal member who has participated in the Settlement Conference or mediation may not, without the consent of the parties, take part in a subsequent hearing.

M. Summary Hearing and Disposition

1. Where the Tribunal is of the view that the legal and factual issues raised by a Notice of Application are such that the issues of fact and law are not complex and that Case Management is not required, the Tribunal may order that the Application be dealt with by Summary Hearing.

2. The Tribunal will notify the parties of the time and place of the Summary Hearing.

3. Appeals of tickets and compliance notices will be dealt with by Summary Hearing, unless special circumstances exist.

4. Where the Tribunal determines that an Application will be dealt with by a Summary Hearing, the Tribunal will notify the Applicant of that determination.



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5. An Applicant whose Notice of Application has been determined to be a matter for Summary Hearing by the Tribunal, or who is appealing a ticket or compliance notice, may apply to the Tribunal for a full hearing pursuant to Rule N.

6. On an Application under sub-rule M5 the Tribunal may order:

(a) that the matter be dealt with in a full Hearing; or

(b) that the matter be dealt with by Summary Hearing. 7. Summary Hearings will be held before the Tribunal chair or a single member of the

Tribunal.

8. Summary Hearings are open to the public.

9. The procedure at a Summary Hearing will be at the discretion of the Tribunal with the objective of having a simple procedure to ensure that facts are appropriately determined and the parties are given an opportunity to be heard.

10. In the case of an appeal of a ticket or compliance notice, the Peace Officer or authority issuing the ticket or compliance notice is to be present.

11. In the event that the Applicant or the Respondent, as the case may be, fails to appear at a Summary Hearing, the Tribunal may proceed to consider the Application and render a decision without further notice to the party which has failed to appear.

N. Hearings

1. Except where a matter is dismissed or directed to a Summary Hearing, all Applications to the Tribunal are subject to a Hearing.

2. The Tribunal will notify the parties of the location and time of the Hearing.

3. At a Hearing, the Tribunal will sit as a panel of three or five members, except in exceptional circumstances.

4. The Tribunal chair or vice-chair will preside at Hearings and may make directions or orders respecting the procedure at a Hearing.

5. Hearings are open to the public.

6. In the event that the Applicant or the Respondent, as the case may be, fails to appear at a Hearing, the Tribunal may proceed to consider the Application and render a decision without further notice to the party which has failed to appear.



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O. Evidence at Hearings

1. The Tribunal may receive and accept as evidence information that it considers relevant, necessary and appropriate, whether or not that information would be admissible in a Court of Law.

2. Nothing is admissible before the Tribunal that is inadmissible in a Court of Law because of privilege under the law of evidence.

3. Witnesses giving oral evidence will do so under oath or affirmation.

P. Costs

1. The Tribunal may make orders for payment of costs, requiring a party to pay part or all of the costs of another party or an Intervenor in connection with the Application, or requiring an Intervenor to pay part or all of the costs of the party or another Intervenor in connection with the Application.

2. In considering the amount of costs to award, the Tribunal will consider:

(a) success of a party on the matter before the Tribunal;

(b) success of any party on a significant issue before the Tribunal;

(c) conduct which has unduly increased the length or expense of a hearing;

(d) conduct which has been improper, vexatious, frivolous or abusive; and

(e) other factors which in the opinion of the Tribunal are relevant to the amount of costs.

3. When awarding costs, the Tribunal will provide reasons in writing respecting the decision

to award costs and the amount.



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PART II – TABLE OF FORMS A. Notice of Application

Form A1 – Appeal of Compliance Notice or Ticket

Form A2 – Appeal of Administrative Decision

Form A3 – Challenge to Validity of Huu-ay-aht Law

Form A4 – Reference re Question of Law

Form A5 – Complaint about Conduct of Peace Officer [yet to be enacted]

Form A6a – Application for Disqualification of a Government Member (by individual)

Form A6b – Application for Disqualification of a Government Member (by group of at least 10 eligible voters)

(Note: to be complete, an Application in Form A6b must include one completed Form A6bi and separate declarations in A6bii completed by at least 10 individuals)

Form A7 – Recall Petition Application (Note: to be complete, an Application in Form A7 must include one completed Form A7i and separate declarations in A7ii completed by at least 10 individuals)

Form A8 – Application for Constitutional Amendment Petition (Note: to be complete, an Application in Form A8 must include one completed Form A8i and separate declarations in A8ii completed by at least 10 individuals)

Form A9a – Application for Sentencing Recommendations (by Prosecutor, Court or Executive Council)

Form A9b – Application for Sentencing Recommendations (by Individual)

Form A10 – Application for Dispute Resolution

Form A11 – Application to Lay an Information

Form A12 – Application to Intervene

Form A13a – Application for Election Recount (by individual) [yet to be enacted]

Form A13b – Application for Election Recount (by group of at least 10 eligible voters) [yet to be enacted]



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Form A14a – Application for Declaration of Invalid Election (by individual) [yet to be enacted]

Form A14b – Application for Declaration of Invalid Election (by group of at least 10 eligible voters) [yet to be enacted]

Form A15 – Challenge to Nomination [yet to be enacted]

Form A16 – General Notice of Application

B. Notice of Response

Form B1 – Response of Administrative Decision Maker

Form B2 – Response to Application to Intervene

Form B3 – Response to Application for Dispute Resolution

Form B4 – General Notice of Response

C. Notice of Reply

Form C1 – Reply to Notice of Response

D. Proof of Service

Form D1 – Proof of Service



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PART III – CONCORDANCE

Act Form

Code of Conduct and Conflict of Interest Act, s. 24

Form A6a – Application for Disqualification of a Government Member

Form A6bi – Application for Disqualification of a Government Member (List of Applicants) Form A6bii – Application for Disqualification of a Government Member (Solemn Declaration of Applicant) (Note: to be complete, an Application in Form A6b must include one completed Form A6bi and separate declarations in A6bii completed by at least 10 individuals)

Election Act, s. 67 Form A13 – Application for Election Recount [yet to be enacted]

Election Act, s. 70 Form A14 – Application for Declaration of Invalid Election [yet to be enacted]

Election Act, s. 36 Form A15 – Challenge to Nomination [yet to be enacted]

Offence and Law Enforcement Act, s. 20

Form A1 – Appeal of Ticket or Compliance Notice


Form A1 – Appeal of Ticket or Compliance Notice


Form A5 – Complaint about Conduct of Peace Officer [yet to be enacted]

Referendum and Recall Act, s. 25

Form A7i – Recall Petition Application Form A7ii – Declaration in Support of Recall Petition Application (Note: to be complete, an Application in Form A7 must include one completed Form A7i and separate declarations in A7ii completed by at least 10 individuals)

Referendum and Recall Act, s. 33

Form A8i – Application for Constitutional Amendment Petition Form A8ii – Declaration in Support of Application for Constitutional Amendment Petition Application (Note: to be complete, an Application in Form A8 must include one completed Form A8i and separate declarations in A8ii completed by at least 10 individuals)

Tribunal Act, s. 17(a) Form A2 – Appeal of Administrative Decision

Tribunal Act, s. 17(d) Form A9a – Application for Sentencing Recommendations (by Prosecutor, Court or Executive Council)

Form A9b – Application for Sentencing Recommendations (by Individual)

Tribunal Act, s. 17(e) Form A10 –Application for Dispute Resolution



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Tribunal Act, s. 17(f) Form A11 – Application for Laying an Information

Tribunal Act, s. 26 Form A3 – Challenge to Validity of Huu-ay-aht Law

Tribunal Act, s. 28 Form A4 – Reference re Question of Law

Tribunal Act, s. 33 Form A12 – Application to Intervene

John R. Rich Tribunal Chair June 1, 2017



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SCHEDULE A – FORMS

HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION

APPEAL OF TICKET OR COMPLIANCE NOTICE TRIBUNAL ACT (s.17(a), 20).

THIS FORM HAS TWO SIDES YOU MUST COMPLETE BOTH

FORM A1

APPLICATION #______________ (for registry use only)

NOTES: This form is to be used for appealing tickets and compliance notices only. If you wish to challenge a ticket or compliance notice on the basis of invalidity of the law on the basis of which the ticket or notice was issued, please use Form A2.

If there is not sufficient space on this form for any of the information required, you may attach a schedule and reference it in the space provided.

Where a fee is payable, it must accompany this form. It is the responsibility of the person filing to pay any prescribed fee. Information about any Tribunal fees payable is available on the Huu-ay-aht website: www.huuayaht.org

Appeals of Compliance Notices must be filed within 14 days of issuance of the Compliance Notice. Appeals of Tickets must be filed within 30 days of issuance of the Ticket.

DECISION APPEALED What are you appealing?

CHECK ONE: Compliance Notice Ticket

______________________________________ ______________________________________ IDENTIFICATION NUMBER DATE ISSUED

RESPONDENT Who issued the ticket or compliance notice?

______________________________________ ______________________________________ NAME POSITION

RELIEF SOUGHT What outcome are you requesting?

CHECK ONE: Set aside Compliance Notice / Ticket Set a Payment Schedule for Fine Vary Terms of Compliance Notice (specify): Other (specify):

GROUNDS FOR APPEAL Briefly set out the reason(s) why the ticket or compliance notice should be set aside or

changed as requested above.


APPEAL OF TICKET OR COMPLIANCE NOTICE TRIBUNAL ACT (s.17(a), 20).


FORM A1

APPLICANT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS

APPLICANT’S AGENT To be completed only if an agent will be acting on behalf of the Applicant.

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS

ADDRESS FOR DELIVERY

This will be used to deliver any notices in relation to the Application. Note: the Tribunal’s preferred means of communication is through email.

CHECK ONE: Applicant’s Email Applicant’s Fax Applicant’s Mailing Address Agent’s Email Agent’s Fax Agent’s Mailing Address Use Email or Fax or Address provided in space below:

SIGNATURE This Notice of Application must be signed by the Applicant or Applicant’s agent.

______________________________________________________

FIRST AND LAST NAMES OF APPLICANT OR AGENT

_______________________________________

DATE ____________________________________

SIGNATURE

For Registry Use Only Date Received:____________________________

HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPEAL OF ADMINISTRATIVE DECISION

TRIBUNAL ACT (s.17(a)&(b), 20, 26).


FORM A2


NOTES: For appeals of tickets or compliance notices please use Form A1, unless your appeal is based on a challenge to the validity of a law.



The Applicant is responsible for ensuring that the Application is brought within the time limit set out in the applicable legislation. Administrative decisions must be appealed within 60 days, unless otherwise specified.

DECISION APPEALED Describe the decision you are appealing.

DECISION:

______________________________________ DATE OF DECISION

RESPONDENT Who made the decision you are appealing?

______________________________________ ______________________________________ NAME POSITION

RELIEF SOUGHT What outcome are you requesting?

GROUNDS FOR APPEAL Briefly set out the reason(s) why the decision should be changed as requested above.

If this is a challenge to the validity of a Huu-ay-aht law, see Tribunal Act, s. 26

HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPEAL OF ADMINISTRATIVE DECISION



FORM A2

APPLICANT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS


___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS




SIGNATURE This notice of application must be signed by the Applicant or Applicant’s agent.

______________________________________________________


_______________________________________

DATE ____________________________________

SIGNATURE


HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION CHALLENGE TO VALIDITY OF

HUU-AY-AHT LAW TRIBUNAL ACT (s.17(b), s.26).


FORM A3


NOTES: If there is not sufficient space on this form for any of the information required, you may attach a schedule and reference it in the space provided.


APPLICANT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX _____________________________________ EMAIL ADDRESS


___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________





SIGNATURE This Application must be signed by the Applicant or the Applicant’s agent.

______________________________________________________


_______________________________________

DATE ____________________________________

SIGNATURE

HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION CHALLENGE TO VALIDITY OF

HUU-AY-AHT LAW TRIBUNAL ACT (s.17(b), s.26).


FORM A3

CHALLENGED LAW Identify the Huu-ay-aht law being challenged in the space provided.

BASIS FOR CHALLENGE Check one of the boxes and provide a brief explanation.

THE HUU-AY-AHT DO NOT HAVE THE POWER TO MAKE THE LAW.

THE LAW WAS NOT VALIDLY MADE.

OUTCOME REQUESTED


HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION REFERENCE RE: QUESTION OF LAW

TRIBUNAL ACT (s.17(b), 28).

FORM A4


NOTES: If there is not sufficient space on this form for any of the information required, you may attach a schedule and reference it in the space provided.

QUESTION OF LAW Set out question(s) of Law referred to Tribunal.

APPLICATION DATE

____________________________________ DATE

EXECUTIVE COUNCIL AUTHORIZATION

This Application is made pursuant to Executive Council Resolution # __________________________

dated _________________________________. DATE

For Office Use Only Date Received:____________________________

HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPLICATION FOR DISQUALIFICATION

OF GOVERNMENT MEMBER CODE OF CONDUCT AND CONFLICT OF INTEREST ACT (s.24); TRIBUNAL ACT (s. 17(c)).


FORM A6a


NOTES: Contravention of certain sections of the Code of Conduct and Conflict of Interest Act may result in the disqualification of a government member. Your application must state which section or sections of the Act you believe have been contravened and provide the facts that give rise to the contravention(s). An application to disqualify a government member must be made no later than 120 days after the facts leading to the disqualification come to the attention of any applicant (Code of Conduct and Conflict of Interest Act, s. 24(5)).


This form is to be used by a member of Executive Council, the Speaker, a public officer or a member of Government or former member of Government who could be the subject of an application for disqualification seeking a determination from the Tribunal regarding a disqualification under the Code of Conduct and Conflict of Interest Act, s.26. A group of at least 10 individuals making such an application should use Forms A6bi and A6bii.

APPLICANT

This application is brought by:

A member of Executive Council The Speaker A Public Officer

A Government Member or former Government Member who could be the subject of an application for disqualification.

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS

RESPONDENT Provide the name of the Government Member in respect of whom this application is made

___________________________________ LAST NAME

_____________________________________ GIVEN NAME(S)

ALLEGED CONTRAVENTIONS What specific section(s) of the Code of Conduct and Conflict of Interest Act were allegedly contravened?




FORM A6a

FACTS ON WHICH THIS APPLICATION IS BASED

DATE ON WHICH THE FACTS ON WHICH THIS APPLICATION IS BASED CAME TO YOUR ATTENTION

______________________________________________ DATE

SOLEMN DECLARATION

I, ______________________________________, solemnly declare that, to the best of my belief, the information set out in this form is correct, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.

____________________________________________ SIGNATURE

_________________________________________ DATE

____________________________________________ WITNESS* FULL NAME (PLEASE PRINT)

_________________________________________ WITNESS SIGNATURE


* NOTE: Pursuant to section 27 of the Interpretation Act, a solemn declaration must be witnessed by any of the following persons: (i) a commissioner for taking affidavits for British Columbia; (ii) a judge of a court in British Columbia; (iii) justices; (iv) the Ta’yii Hawilth; (v) the Speaker; (vi) the Law Clerk; (vii) the Executive Director; (viii) the Huu-ay-aht Tribunal chair; (ix) the Election Commissioner; (x) a practising lawyer as defined in the Legal Profession Act (British Columbia); xi) notaries public.




FORM A6bi


NOTES: Contravention of certain sections of the Code of Conduct and Conflict of Interest Act may result in the disqualification of a government member. Your application must state which section or sections of the Act you believe have been contravened and provide the facts that give rise to the contravention(s).

An application to disqualify a government member must be made no later than 120 days after the facts leading to the disqualification come to the attention of any applicant (Code of Conduct and Conflict of Interest Act, s. 24(5)).


This form is to be used by a group of at least ten individuals seeking a determination from the Tribunal regarding an application for disqualification under the Code of Conduct and Conflict of Interest Act, s.26. Members of Executive Council, Speakers, a public officer or a member of Government or former member of Government who could be the subject of an application for disqualification making such an application should use Form A6a.

RESPONDENT Provide the name of the Government Member in respect of whom this application is made.

___________________________________ LAST NAME

_____________________________________ GIVEN NAME(S)

ALLEGED CONTRAVENTIONS What specific section(s) of the Code of Conduct and Conflict of Interest Act were allegedly contravened?

FACTS ON WHICH THIS APPLICATION IS BASED





FORM A6bi

NOTE: To be complete, this application must be made by at least ten eligible voters. List the names of each of the first ten applicants in the space below and attach a declaration in Form A6bii completed by each applicant. Additional declarations in Form A6bii may be attached if there are more than ten applicants. Once completed, the supporting declarations become part of this Application.

APPLICANTS

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

This Application is not complete until a declaration in Form A6bii has been

completed by each of at least ten (10) applicants and attached to this Application.




FORM A6bii

NOTE: Copies of this declaration are to be completed by at least ten eligible voters in support of a Recall Petition Application in Form A6bi. Once submitted, completed declarations become part of the Application they are made in support of.

APPLICANT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS

DATE ON WHICH THE FACTS ON WHICH THIS APPLICATION IS BASED CAME TO YOUR ATTENTION

_____________________________________ DATE

SOLEMN DECLARATION

I, _____________________________________________, have read and support the Application to Recall for

Disqualification of _______________________________________, dated ____________________________,

(the “Application”) and intend this form to become part of the Application.

I solemnly declare that to the best of my belief the information set out in the Application is correct, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.

____________________________________________ SIGNATURE

_________________________________________ DATE

____________________________________________ WITNESS FULL NAME (PLEASE PRINT)**



* Pursuant to section 27 of the Interpretation Act, a solemn declaration must be witnessed by any of the following persons: (i) a commissioner for taking affidavits for British Columbia; (ii) a judge of a court in British Columbia; (iii) justices; (iv) the Ta’yii Hawilth; (v) the Speaker; (vi) the Law Clerk; (vii) the Executive Director; (viii) the Huu-ay-aht Tribunal chair; (ix) the Election Commissioner; (x) a practising lawyer as defined in the Legal Profession Act (British Columbia); xi) notaries public.


RECALL PETITION APPLICATION FORM 1 - REFERENDUM AND RECALL ACT (s.25 (1)).


FORM A7i


NOTE: If there is not sufficient space on this form for any of the information required, you may attach a schedule and reference it in the space provided.

COUNCIL MEMBER WHOSE RECALL IS SOUGHT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

DATE OF APPLICATION

___________________________________________ DATE

STATEMENT OF FACTS Set out in 200 words or less why the applicants seek the recall of this Council Member.



RECALL PETITION APPLICATION FORM 1 - REFERENDUM AND RECALL ACT (s.25 (1)).


FORM A7i

NOTE: To be complete, this application must be made by at least ten eligible voters. List the names of each of the first ten applicants in the space below and attach a declaration in Form A7ii completed by each applicant. Additional declarations in Form A7ii may be attached if there are more than ten applicants. Once submitted, the supporting applications become part of this application.

APPLICANTS

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)


DECLARATION IN SUPPORT OF RECALL PETITION APPLICATION

FORM 1 - REFERENDUM AND RECALL ACT (s.25 (1)).

FORM A7ii

NOTE: Copies of this declaration are to be completed by at least ten eligible voters in support of a Recall Petition in Form A7i. Once completed and submitted, the declaration will become part of the Application it is made in support of.

APPLICANT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS

SOLEMN DECLARATION

I, ______________________________________, have read and support the Application to Recall

_______________________________________, dated _______________________, and intend this

form to become part of that application.

I solemnly declare that I am not disqualified under Huu-ay-aht law from making this application, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.

____________________________________________ SIGNATURE

_________________________________________ DATE

____________________________________________ WITNESS FULL NAME (PLEASE PRINT)**





CONSTITUTIONAL AMENDMENT PETITION APPLICATION

FORM 3 – REFERENDUM AND RECALL ACT (s.33 (1)).


FORM A8i



AMENDMENT SOUGHT Set out which provision you are seeking to amend and the wording of the amendment sought.

STATEMENT OF FACTS Set out in 200 words or less why the applicants seek the amendment set out above.



CONSTITUTIONAL AMENDMENT PETITION APPLICATION

FORM 3 – REFERENDUM AND RECALL ACT (s.33 (1)).


FORM A8i

NOTE: To be complete, this application must be made by at least ten eligible voters. List the names of each of the first ten applicants in the space below and attach a declaration in Form A8ii completed by each applicant. Additional declarations in Form A8ii may be attached if there are more than ten applicants. Once completed, the supporting applications become part of this application.

APPLICANTS

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)


DECLARATION IN SUPPORT OF CONSTITUTIONAL AMENDMENT

PETITION APPLICATION FORM 3 - REFERENDUM AND RECALL ACT FORM 1 (s.33 (1)).

FORM A8ii

NOTE: Copies of this declaration are to be completed by at least ten eligible voters in support of a Constitutional Amendment Petition Application in Form A8i and submitted to the Tribunal.

APPLICANT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS

SOLEMN DECLARATION

I, ______________________________________, have read and support the Constitutional

Amendment Petition Application dated _______________________, and intend this form to become

part of that application.

I solemnly declare that I am not disqualified under Huu-ay-aht law from making this application, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.

____________________________________________ SIGNATURE

_________________________________________ DATE

____________________________________________ WITNESS FULL NAME (PLEASE PRINT)*



HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPLICATION FOR SENTENCING

RECOMMENDATIONS TRIBUNAL ACT (s. 17(d), 30).

THIS FORM HAS TWO SIDES

FORM A9a


NOTE: This form is to be used by a prosecutor, provincial or superior court or Executive Council. An individual who is the subject of a prosecution or proceeding should use Form A9b.

APPLICANT

PROSECUTOR THE COURT

EXECUTIVE COUNCIL PURSUANT TO RESOLUTION #________________________, DATED ________________________.

SENTENCING HEARING

_____________________________________________________

COURT

_______________________________________________________

DATE OF HEARING (Leave blank if not yet set)

_______________________________________________________________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

__________________ POSTAL CODE

PROSECUTOR: _____________________________________________ (NAME)

______________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

__________________ POSTAL CODE

_______________________ PHONE

_______________________ FAX

_____________________________________ EMAIL

DEFENCE COUNSEL: ________________________________________ (NAME)

______________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

__________________ POSTAL CODE

_______________________ PHONE

_______________________ FAX

_____________________________________ EMAIL




FORM A9a


SUBJECT OF APPLICATION

_________________________________ FIRST NAME

______________________________ LAST NAME

Huu-ay-aht Citizen

Not Huu-ay-aht Citizen

Provide details of the charge(s) on which the above-named individual has been convicted, including whether they were prosecuted as summary or indictable offence(s) and the court file number(s).

DATE OF CONVICTION: ________________________________________ DATE

Were the Huu-ay-aht or any Huu-ay-aht citizens victims of the crime(s) referred to above? YES NO





FORM A9b


NOTE: This form is to be used by an individual who is the subject of a prosecution or proceeding. Others applying for sentencing recommendations should use Form A9a.

APPLICANT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

________________ POSTAL CODE

_________________________ PHONE

_________________________


Huu-ay-aht Citizen Not Huu-ay-aht Citizen


Defence Counsel? YES NO

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

________________ POSTAL CODE

_________________________ PHONE

_________________________






______________________________________________________ FIRST AND LAST NAMES OF APPLICANT OR AGENT

_______________________________________

DATE ____________________________________

SIGNATURE




FORM A9b


DETAILS OF CHARGES

Provide details of the charge(s) on which the Applicant has been convicted, including whether they were prosecuted as summary or indictable offence(s) and court file number(s).

DATE OF CONVICTION: ________________________________________________ DATE

Were the Huu-ay-aht or any Huu-ay-aht citizens victims of the crime(s) referred to above? YES NO

SENTENCING HEARING

_____________________________________________________

COURT

_______________________________________________________

DATE OF HEARING (Leave blank if not yet set)

_____________________________________________________________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

__________________ POSTAL CODE

PROSECUTOR: _____________________________________________ (NAME)

______________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

__________________ POSTAL CODE

_______________________ PHONE

_______________________ FAX

_____________________________________ EMAIL


HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPLICATION FOR DISPUTE

RESOLUTION TRIBUNAL ACT (s.17(e), 31)


FORM A10


NOTES: To be complete, an Application for Dispute Resolution must include a Notice of Application in Form A10 and a Notice of Response in Form B3 from each additional party seeking to have a matter resolved through the Tribunal’s Dispute Resolution Process. Each party other than the Applicant must complete a Response in Form B3. Once completed and submitted to the Tribunal, the Notice of Application and Notice(s) of Response of each additional party will together form an Application for Dispute Resolution.

Where a fee is payable, it must accompany this form. It is the responsibility of the person filing to pay any prescribed fee. Information about fees, if any, is available on the Huu-ay-aht website: www.huuayaht.org

APPLICANT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________



___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________





SIGNATURE This Application must be signed by the Applicant or Applicant’s agent.

______________________________________________________


_______________________________________

DATE ____________________________________

SIGNATURE

HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPLICATION FOR DISPUTE

RESOLUTION TRIBUNAL ACT (s.17(e), 31)


FORM A10


NATURE OF DISPUTE Provide a brief summary of the nature of the dispute.

RESPONDENTS Provide name(s) of other party/parties to dispute.

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

AGREEMENT TO ACCEPT DECISION

I, _________________________________________________:

NAME OF APPLICANT

- will accept as binding the final decision of the Tribunal in respect of this dispute; and - will participate in any preliminary alternative dispute resolution process directed by the

Tribunal.

_______________________________________

DATE _____________________________________

SIGNATURE Applicant Agent for Applicant


HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPLICATION FOR LAYING AN

INFORMATION TRIBUNAL ACT (s.17, 32)


FORM A11


NOTES: This form is to be used by Executive Council, a peace officer or another authority (as defined in the Offence and Law Enforcement Act) to request that the Tribunal lay an information under the Offence Act (British Columbia) in respect of an offence committed under Huu-ay-aht Law.

APPLICANT Check one and provide information requested.

Executive Council Pursuant to Resolution #________________________, dated ________________________. OR

A peace officer : _______________________________________________ NAME OR Another Authority authorized in writing by Executive Council pursuant to Resolution # _________________________, dated _________________________. DATE OR Another Authority authorized under Huu-ay-aht legislation to carry out enforcement of that legislation:

Authority: __________________________________________________ NAME AND POSITION

Authorized Under: ________________________________________________________ LEGISLATION AND SECTION

_______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

________________ POSTAL CODE

_________________________ PHONE

_________________________



HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPLICATION FOR LAYING AN

INFORMATION TRIBUNAL ACT (s.17, 32)


FORM A11


OFFENCE Provide details of offence(s), including the alleged perpetrator, date(s) and section(s) of Huu-ay-aht Law that were allegedly contravened.

SOLEMN DECLARATION

I, ______________________________________, solemnly declare that, to the best of my belief, the information set out in this form is correct, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.

____________________________________________ SIGNATURE

_________________________________________ DATE



* NOTE: Pursuant to section 27 of the Interpretation Act, a solemn declaration must be witnessed by any of the following persons: (i) a commissioner for taking affidavits for British Columbia; (ii) a judge of a court in British Columbia; (iii) justices; (iv) the Ta’yii Hawilth; (v) the Speaker; (vi) the Law Clerk; (vii) the Executive Director; (viii) the Huu-ay-aht Tribunal chair; (ix) the Election Commissioner; (x) a practising lawyer as defined in the Legal Profession Act (British Columbia); xi) notaries public.

HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPLICATION TO INTERVENE


FORM A12

NOTES: A person, including the Executive Council, wishing to intervene in a proceeding before the Tribunal may use this form to seek permission from the Tribunal.

APPLICANT

Executive Council Pursuant to Resolution #________________________, dated ________________________. OR Other:

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS


___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________

FAX

_____________________________________ EMAIL ADDRESS




SIGNATURE This Application must be signed by the Applicant or Applicant’s agent.

______________________________________________________


_______________________________________

DATE ____________________________________

SIGNATURE

HUU-AY-AHT TRIBUNAL NOTICE OF APPLICATION APPLICATION TO INTERVENE


FORM A12


APPLICATION IN WHICH THE INTERVENTION IS SOUGHT

Application # ____________________________

BASIS FOR INTERVENTION State here why you wish to intervene, in particular, why you are interested in this matter.


HUU‐AY‐AHT TRIBUNAL NOTICE OF APPLICATION GENERAL



FORM A16


NOTES: This form is to be used for applications for which no other form is specified by the Tribunal.


Where a fee is payable, it must accompany this form. It is the responsibility of the person filing to pay any prescribed fee. Information about any Tribunal fees payable is available on the Huu‐ay‐aht website: www.huuayaht.org

The Applicant is responsible for ensuring that the Application is brought within the time limit set out in the applicable legislation. Administrative decisions must be appealed within 60 days, unless otherwise specified.

NATURE OF APPLICATION Describe what you are applying for, including as appropriate the relief you are seeking and the basis for your application.

HUU‐AY‐AHT TRIBUNAL NOTICE OF APPLICATION GENERAL



FORM A16

APPLICANT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________ FAX

_____________________________________ EMAIL ADDRESS


___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________ FAX

_____________________________________ EMAIL ADDRESS






_______________________________________ DATE

____________________________________ SIGNATURE


HUU‐AY‐AHT TRIBUNAL NOTICE OF RESPONSE RESPONSE OF ADMINISTRATIVE DECISION MAKER


FORM B1

NOTES: This form is to be used for a Response by or on behalf of an administrative decision maker responding to an Application.

If there is not sufficient space on this form for any of the information required, you may attach a schedule and reference it in the space provided. You may also attach documents if necessary.

Responses must be filed with the Tribunal within 14 days of service of the Notice of Application.

APPLICATION RESPONDED TO

This is a Response to Application #_______________________________.

RESPONSE TO GROUNDS Briefly set out your position on the Grounds for Appeal advanced in the application, including any relevant additional facts.

RESPONSE TO RELIEF SOUGHT Set out your position on the relief sought in the Application.

HUU‐AY‐AHT TRIBUNAL NOTICE OF RESPONSE RESPONSE OF ADMINISTRATIVE DECISION MAKER


FORM B1

RESPONDENT

_________________________________ LAST NAME

____________________________ GIVEN NAME(S)

___________________________ POSITION

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________ FAX

_____________________________________ EMAIL ADDRESS

RESPONDENT’S AGENT To be completed only if an agent will be acting on behalf of the Respondent.

___________________________________ LAST NAME

_________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________ FAX

_____________________________________ EMAIL ADDRESS




SIGNATURE This notice must be signed by the Respondent or Respondent’s agent.

______________________________________________________ FIRST AND LAST NAMES OF PERSON SIGNING

_______________________________________ DATE

____________________________________ SIGNATURE


HUU‐AY‐AHT TRIBUNAL NOTICE OF RESPONSE TO AN APPLICATION TO INTERVENE


FORM B2

NOTES: Responses to an Application to Intervene must be filed with the Tribunal within 14 days of service of the Notice of Application to Intervene.

APPLICATION RESPONDENT

Executive Council, pursuant to Resolution # _______________________________. OR

_____________________________________________ LAST NAME

______________________________________ POSITION (If Applicable)

The Application Respondent has previously filed a document in these proceedings in which an address for delivery of documents was provided. OR

Contact information of Application Respondent:

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________ FAX

_____________________________________ EMAIL ADDRESS

SIGNATURE Unless the Respondent is Executive Council, this Response must be signed by the Respondent or Respondent’s agent.

_____________________________________________________ FIRST AND LAST NAMES OF PERSON SIGNING

Application Respondent

Agent for Application Respondent

_______________________________________ DATE

____________________________________ SIGNATURE


HUU‐AY‐AHT TRIBUNAL NOTICE OF RESPONSE TO AN APPLICATION TO INTERVENE


FORM B2



This is a Response to the Application to Intervene of __________________________________, filed in Application #______________________________ (the “Application to Intervene”).

POSITION Briefly set out your position on the Application to Intervene.

CHECK ONE:

The Application Respondent supports the Application to Intervene.

The Application Respondent opposes the Application to Intervene.

REASONS FOR POSITION Briefly set out the basis for the position set out above.

HUU‐AY‐AHT TRIBUNAL NOTICE OF RESPONSE TO APPLICATION FOR DISPUTE RESOLUTION

TRIBUNAL ACT (s.17 (e), 31)


FORM B3

NOTES: To be complete, an Application for Dispute Resolution must include a Notice of Application in Form A10 and a Notice of Response in Form B3 from each additional party seeking to have a matter resolved through the Tribunal’s Dispute Resolution Process. Each party other than the Applicant must complete a Response in Form B3. Once completed and submitted to the Tribunal, the Notice of Application and Notice(s) of Response of each additional party will together form an Application for Dispute Resolution.

Where a fee is payable, it must accompany this form. It is the responsibility of the person filing to pay any prescribed fee. Information about any Tribunal fees payable is available on the Huu‐ay‐aht website: www.huuayaht.org

RESPONDENT

_________________________________ LAST NAME

____________________________ GIVEN NAME(S)

___________________________ POSITION

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________ FAX

_____________________________________ EMAIL ADDRESS


___________________________________ LAST NAME

_________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________ FAX

_____________________________________ EMAIL ADDRESS




SIGNATURE This Response must be signed by the Respondent or Respondent’s agent.

______________________________________________________ FIRST AND LAST NAMES OF PERSON SIGNING

_______________________________________ DATE

____________________________________ SIGNATURE

HUU‐AY‐AHT TRIBUNAL NOTICE OF RESPONSE TO APPLICATION FOR DISPUTE RESOLUTION

TRIBUNAL ACT (s.17 (e), 31)


FORM B3



This is a Response to the Application of ________________________________________________________, dated NAME

________________________________________. DATE

NATURE OF DISPUTE Briefly set out your view of the nature of the dispute.

AGREEMENT TO ACCEPT DECISION

I, _________________________________________________: NAME OF RESPONDENT

‐ will accept as binding the final decision of the Tribunal in respect of this dispute; and ‐ will participate in any preliminary alternative dispute resolution process directed by the

Tribunal.

_______________________________________ DATE

_____________________________________ SIGNATURE Respondent Agent for Respondent

For Office Use Only Date Received:____________________________ Application #: _____________________________

HUU‐AY‐AHT TRIBUNAL NOTICE OF RESPONSE GENERAL


FORM B4

NOTES: This form is to be used for responses for which no other form is specified by the Tribunal.


Responses must be filed with the Tribunal within 14 days of service of the Notice of Application.


This is a Response to Application #_______________________________.

RESPONSE TO GROUNDS Briefly set out your position on the grounds advanced in the Application, including any relevant additional facts.

RESPONSE TO RELIEF SOUGHT Set out your position on the relief sought in the Application.

HUU‐AY‐AHT TRIBUNAL NOTICE OF RESPONSE GENERAL


FORM B4

RESPONDENT

___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________ FAX

_____________________________________ EMAIL ADDRESS


___________________________________________ LAST NAME

_____________________________________________ GIVEN NAME(S)

______________________________________ MAILING ADDRESS

_____________________________ CITY/TOWN

_________________ POSTAL CODE

_________________________ PHONE

_________________________ FAX

_____________________________________ EMAIL ADDRESS




SIGNATURE This Response must be signed by the Respondent or the Respondent’s agent.

______________________________________________________ FIRST AND LAST NAMES OF RESPONDENT OR AGENT

_______________________________________ DATE

____________________________________ SIGNATURE


HUU‐AY‐AHT TRIBUNAL NOTICE OF REPLY TO NOTICE OF RESPONSE

FORM C1


NOTES: An Applicant may file a Notice of Reply using this form when the Response to the Applicant’s Application raises new issues of fact or law, or includes a claim by the Respondent against the Applicant.


A Notice of Reply must be filed in the Tribunal Registry within 14 days of the delivery of the Notice of Response to the Applicant.

RESPONSE REPLIED TO

This Reply is in respect of the Response of _______________________________________________, to Application # ____________________________________________.

POSITION OF APPLICANT Briefly set out your position on the new issues or claims raised by the Respondent.

SIGNATURE This Reply must be signed by the Applicant or Applicant’s agent.


_______________________________________ DATE

____________________________________ SIGNATURE


HUU‐AY‐AHT TRIBUNAL PROOF OF SERVICE

FORM D1

SOLEMN DECLARATION

I, ________________________________________________________________, served NAME

__________________________________________________________________, with NAME

___________________________________________________________________________ by: DESCRIBE DOCUMENT, INCLUDING APPLICATION #

Emailing it to _______________________________________________; OR EMAIL ADDRESS

Faxing it to ________________________________; OR FAX NUMBER

Personally delivering it to ________________________________________________ at NAME

_________________________________________________________________________________; OR ADDRESS

Mailing it to _________________________________________________________________________. ADDRESS

ON ______________________________, at approximately ___________________. DATE TIME

I solemnly declare that, to the best of my belief, the information set out in this form is correct, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same legal force and effect as if made under oath.

____________________________________________ SIGNATURE

_________________________________________ DATE



* NOTE: Pursuant to section 27 of the Interpretation Act, a solemn declaration must be witnessed by any of the following persons: (i) a commissioner for taking affidavits for British Columbia; (ii) a judge of a court in British Columbia; (iii) justices; (iv) the Ta’yii Hawilth; (v) the Speaker; (vi) the Law Clerk; (vii) the Executive Director; (viii) the Huu‐ay‐aht Tribunal chair; (ix) the Election Commissioner; (x) a practising lawyer as defined in the Legal Profession Act (British Columbia); xi) notaries public.