Foreign Claims (Cuba) Settlement Regulations (SOR/81-81)

Short Title

1 These Regulations may be cited as the Foreign Claims (Cuba) Settlement Regulations.

Interpretation

2 In these Regulations,

Agreement

Agreement means the Agreement between the Government of Canada and the Government of the Republic of Cuba relating to the settlement of Canadian claims, signed at Havana, November 7, 1980; (Accord)

Canadian citizen

Canadian citizen means

• (a) a person who is a Canadian citizen within the meaning of the Citizenship Act, except a person who is also a Cuban citizen and whose dominant nationality is Cuban, or

• (b) a corporation that is incorporated under the laws of Canada and that is substantially owned by persons described in paragraph (a); (citoyen canadien)

Chief Commissioner

Chief Commissioner means the Chief Commissioner of the Commission; (commissaire en chef)

claim

claim means a claim, other than a claim in respect of commercial operations of Canadian insurance companies, in Cuba by a Canadian citizen in respect of property, rights, causes of action and interests affected by laws, regulations or measures adopted by the Government of the Republic of Cuba on or after January 1, 1959 and before November 7, 1980; (réclamation)

Commission

Commission means the Foreign Claims Commission established pursuant to Order in Council P.C. 1981-1447 of May 28, 1981; (Commission)

Fund

Fund means the special account known as the Foreign Claims Fund established in the Consolidated Revenue Fund by the Minister of Finance pursuant to the Vote; (Caisse)

Minister

Minister means the Secretary of State for External Affairs; (ministre)

notice of claim

notice of claim means a written communication that, in the opinion of the Commission, contains sufficient information to identify clearly the subject-matter of a claim; (avis de réclamation)

Vote

Vote means Vote 22a in Schedule B to Appropriation Act No. 9, 1966. (crédit)

Notice of Claim

• 3 (1) Only claims in respect of which notice of claim has been received by the Government of Canada on or before November 7, 1980 shall be considered by the Commission.

• (2) Every notice of claim received by the Government of Canada on or before November 7, 1980 shall be referred to the Commission.

• (3) All documentary evidence on which a claimant intends to rely in establishing his claim shall be submitted to the Commission on or before February 15, 1981.

Eligibility of Claimant to Receive an Award

• 4 (1) In order to be eligible to receive an award in respect of a claim, a claimant must have been a Canadian citizen from the time the claim arose or the time he obtained title to it until November 7, 1980 and, where a claimant obtained title to a claim after the time it arose, each of his predecessors in title must have been a Canadian citizen during the time he held title to it.

• (2) Where an eligible claimant within the meaning of subsection (1) who gave notice of his claim on or before November 7, 1980 dies after that date, an award may be made to any person lawfully entitled thereto irrespective of his nationality.

• (3) The eligibility of a corporation that is a Canadian citizen is limited to an amount that represents the same percentage to the total amount of its claim as does the Canadian beneficial ownership of the issued shares of the corporation to the total issued share capital of the corporation on either the date the claim arose or on November 7, 1980, whichever is the lesser.

• 5 (1) Where a claimant has been paid or, in the opinion of the Commission, is likely to be paid any compensation in respect of his claim from a source other than the Fund, the Commission shall deduct the amount of that compensation from the amount of the award it recommends be paid to that claimant out of the Fund.

• (2) Where a claimant by reason of his own neglect or default has failed to receive, has forfeited his right to receive or has lost his eligibility to receive any compensation in respect of his claim from a source other than the Fund, subsection (1) applies as if he had been paid that compensation.

• (3) Where a claimant who knew or ought to have known that if he failed to apply on or before a fixed date he would forfeit his right or lose his eligibility to receive any compensation in respect of his claim from a source other than the Fund fails to so apply, that failure shall, for the purposes of subsection (2), be considered to be neglect by the claimant.

Report

• 6 (1) The Chief Commissioner shall report to the Minister and to the Minister of Finance on each claim considered by the Commission in accordance with the laws of Canada, international law, and these Regulations recommending

  • (a) whether the claimant is eligible to receive an award; and

  • (b) the amount of the award, if any, that in the opinion of the Commission should be made to the claimant.

• (2) Notwithstanding paragraph (1)(b), the Chief Commissioner shall not recommend in respect of any one person or any one claim an award in excess of $1,000,000.

• (3) The Chief Commissioner may make a report on any claim on the basis of the information then available to the Commission where, in his opinion, postponement of his report in respect of the claim would result in undue delay.

Payment from the Fund

• 7 (1) On receipt of a report from the Chief Commissioner, the Minister and the Minister of Finance shall determine

  • (a) the portion of any award recommended by the Commission that is to be paid out of the Fund in respect of a claim; and

  • (b) if the claimant is dead, the person, if any to whom payment of the award is to be made.

• (2) In computing the amount to be paid out of the Fund in respect of any claim, the Minister and the Minister of Finance shall deduct the amount of any compensation that has been paid, is likely to be paid or that should be deducted pursuant to section 5 that the Commission has not already deducted in recommending an award.

• (3) No right to an award is conferred by any recommendation made by the Chief Commissioner to the Minister and the Minister of Finance.

• (4) A copy of the report referred to in subsection 6(3) when approved by the Minister and the Minister of Finance, shall be sent to the claimant.

• 8 (1) The Commission shall deliver to the Minister of Finance all the bonds, shares and other documents on the basis of which the Commission has recommended an award.

• (2) Before making payment of an award, the Minister of Finance shall obtain a release in such form as he considers satisfactory in respect of the claim for which payment is to be made.

• (3) The Commission may recommend or the Minister of Finance may require that any claimant assign to Her Majesty in right of Canada his entitlement to compensation from a source other than the Fund, or if such entitlement cannot be validly assigned, that the claimant sign an undertaking to do all things necessary to vest in Her Majesty the amount of such compensation and his rights therein.

9 Awards in respect of claims shall be paid out of that part of the Fund consisting of moneys received from the Cuban Government under Article I of the Agreement and credited to the Fund pursuant to the Vote, and any interest credited to the Fund with respect to those moneys.

10 Where moneys in the part of the Fund described in section 9 are insufficient to pay in full all awards that the Minister and the Minister of Finance determine may be paid out of that part of the Fund

• (a) a payment shall be made in respect of each award equal to either the full amount thereof or $10,000, whichever is the lesser; and

• (b) the balance of any awards not paid in full shall be paid on a pro rata basis from any moneys remaining in that part of the Fund.

11 Awards may be paid in one or more instalments at such times as in the opinion of the Minister of Finance may be warranted having regard to

• (a) the amounts available in the part of the Fund out of which awards may be paid; and

• (b) the possible amounts that may be awarded in respect of unpaid claims including those still before the Commission.

12 In the event of the absence or incapacity of the Chief Commissioner or if the office of the Chief Commissioner is vacant, the Deputy Commissioner may perform all the duties and functions of the Chief Commissioner under these Regulations.