Foreign Claims (People’s Republic of China) Settlement Regulations

SOR/82-381

APPROPRIATION ACTS

APPROPRIATION ACT NO. 9, 1966

Registration 1982-04-01

Regulations Respecting the Determination and Payment out of the Foreign Claims Fund of Certain claims against the Government of the People’s Republic of China

P.C. 1982-995 1982-04-01

His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs and the Minister of Finance, pursuant to Vote 22a of Schedule B to Appropriation Act No. 9, 1966, is pleased hereby to make the annexed Regulations respecting the determination and payment out of the Foreign Claims Fund of Certain claims against the Government of the People’s Republic of China.

SHORT TITLE

 These Regulations may be cited as the Foreign Claims (People’s Republic of China) Settlement Regulations.

INTERPRETATION

 In these Regulations,

“Agreement”

“Agreement” means the Agreement between the Government of Canada and the Government of the People’s Republic of China concerning the settlement of private property claims, signed at Beijing, August 20, 1981; (Accord)

“Canadian citizen”

“Canadian citizen” means

  • (a) a person who is a Canadian citizen within the meaning of the Citizenship Act and who is not a citizen of any other country,

  • (b) a person who is a Canadian citizen within the meaning of the Citizenship Act and who is also a citizen of another country but whose dominant nationality is Canadian, or

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

“certain bank accounts”

“certain bank accounts” means the bank accounts in the People’s Republic of China of Daniel and Nina Gnarowski, Alexei I. Zaionchkovsky, Archibald H. Carter and G.T. Fulford Co. Ltd.; (certains comptes bancaires)

“Chief Commissioner”

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

“claim”

“claim” means a claim by a Canadian citizen against the Government of the People’s Republic of China in respect of property in the People’s Republic of China, including certain bank accounts, affected by measures of intervention, expropriation, state disposition and administration or other similar measures taken by the Government of the People’s Republic of China on or after October 1, 1949 and on or before August 20, 1981; (réclamation)

“claimant”

“claimant” means a Canadian citizen who has submitted a notice of claim to the Government of Canada; (réclamant)

“Commission”

“Commission” means the Foreign Claims Commission established by 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, clearly defines the subject-matter of a claim; (avis de réclamation)

“Vote”

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