Marginal note:Disposition of samples

• 37. (1) A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.

• Marginal note:Her Majesty not liable

  (2) Her Majesty is not liable for any costs, loss or damage resulting from the taking or disposition of a sample under this Act or the regulations.

Marginal note:Her Majesty not liable

38. Where a person must, by or under this Act or the regulations, do anything, including provide and maintain any area, office, laboratory or other facility under section 20, or permit an inspector to do anything, Her Majesty is not liable

• (a) for any costs, loss or damage resulting from the compliance; or

• (b) to pay any fee, rent or other charge for what is done, provided, maintained or permitted.

Marginal note:Compensation for treatment, etc.

• 39. (1) The Minister may, in accordance with the regulations, order compensation to be paid from the Consolidated Revenue Fund in respect of

  • (a) any treatment of a place or any treatment, storage or disposition of a thing required under this Act or the regulations;

  • (b) any prohibition or restriction on the use of a place or on the movement of persons or things within, into or out of a place imposed under this Act or the regulations; or

  • (c) any prohibition or restriction on the use of a thing or on the sale or other disposition of a thing imposed under this Act or the regulations.

• Marginal note:Limitation

  (2) No compensation is payable under subsection (1) in respect of

  • (a) a thing that is imported into Canada or exported from Canada in contravention of this Act or the regulations or a thing that is found to be a pest, to be infested with a pest or to constitute a biological obstacle to the control of a pest when it is inspected on importation or exportation; or

  • (b) the prohibition or restriction of the sale or movement of a thing where the sale or movement is prohibited or restricted as a result of an amendment, suspension or revocation of, or a refusal to issue or renew, a permit, certificate or other document that is required under this Act or the regulations.

• Marginal note:Limitation

  (3) No compensation is payable to a person who commits a violation, or an offence under this Act, and claims compensation in respect of any place or thing by means of or in relation to which the violation or offence was committed.

Marginal note:Appeal

• 40. (1) A person who claims compensation and is dissatisfied with the Minister’s disposition of the claim may bring an appeal to the Assessor, but the only grounds of appeal are that the failure to award compensation was unreasonable or that the amount awarded was unreasonable.

• Marginal note:Time limit for bringing appeal

  (2) An appeal shall be brought within three months after the claimant receives notification of the Minister’s disposition of the claim, or within such longer period as the Assessor may in any case for special reasons allow.