Emergencies Act (R.S.C., 1985, c. 22 (4th Supp.))

Marginal note:Compensation

• 48 (1) Subject to subsection (2) and the regulations made under section 49, the Minister shall award reasonable compensation to any person who suffers loss, injury or damage as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.

• Marginal note:Release

  (2) No compensation shall be paid to a person unless that person, in consideration of the compensation, signs, in a form provided by the Minister, a release of any right of action that the person may have against the Crown as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.

• Marginal note:Subrogation

  (3) The Crown is subrogated to all rights of any person to whom compensation is paid to recover damages in respect of the loss, injury or damage for which the compensation is paid and may maintain an action in the name of that person or in the name of the Crown against any person against whom the action lies.

• Marginal note:Application of recovered sums

  (4) Any sum recovered by the Crown pursuant to an action under subsection (3) shall be applied

  • (a) first, to payment of the costs actually incurred in the action and in levying execution, and

  • (b) second, to reimbursement of the Crown for the compensation paid to the person whose rights were subrogated,

  and the balance, if any, shall be paid to that person.

• Marginal note:Settlement

  (5) No settlement or release bars the rights of the Crown under subsection (3) unless the Minister has concurred therein.