Notices to Counsel

Hearings to be cancelled for NSP cases

November 5, 2013

Effective October 1, 2013, hearings for claimants who enter the Negotiated Settlement Process (NSP) will be cancelled.

The Negotiated Settlement Process is an alternative means of resolving a file under the Settlement Agreement. The negotiation takes place between Canada and claimant counsel, and the Secretariat is rarely involved. Since most files enter the NSP before an IAP hearing is scheduled, there is usually not a conflict. However in some cases, a hearing date is set before the parties agree to the NSP. Chief Adjudicator

The current practice is to retain the IAP hearing date until claimant’s counsel confirms that the IAP hearing is no longer required. Given the high resolution rate for cases that enter the NSP (99%), and the volume of IAP hearings that are cancelled for this reason (about 12 per month), this practice will be amended.

Starting on October 1, when the Adjudication Secretariat is notified that a file for which a hearing has been scheduled has entered the NSP, the IAP hearing will be cancelled. In many cases, this will allow the hearing date to be retained and used for another IAP file.

If the case is not resolved through the NSP and a hearing is required, the Secretariat will re-schedule it on a priority basis. This new policy has been approved by the Oversight Committee, which includes representatives of former Aboriginal students and their counsel, Churches and the Government of Canada.

September 18, 2013