NOTICE OF CLAIM
3. (1) Every notice of claim received by the Government of Canada on or before October 20, 1981 shall be referred to the Commission.
(2) Only claims in respect of which a notice of claim has been received by the Government of Canada on or before October 20, 1981 shall be considered by 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 June 1, 1982.
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 as of October 20, 1981 and the rights pertaining to the claim must have been held continuously by a Canadian citizen during the period commencing on the date the claim arose and ending on October 20, 1981.
(2) For the purposes of subsection (1), a claim is deemed to have arisen when the owner of the property constituting the subject-matter of the claim was effectively deprived of the incidents of ownership and control thereof.
- SOR/83-690, s. 1.
5. Where a claimant dies after October 20, 1981, an award in respect of his claim may be made to any lawful successor in interest thereto, irrespective of his nationality, if the deceased claimant
(a) was eligible within the meaning of subsection 4(1); and
(b) submitted a notice of claim on or before October 20, 1981.
RECOMMENDATION FOR AWARD AND REPORT
6. (1) The Chief Commissioner shall submit a report to the Minister and the Minister of Finance on each claim considered by the Commission containing the recommendations of the Commission concerning
(a) the eligibility of the claimant to receive an award, and
(b) the amount of the award, if any, that should be paid to the claimant out of the Fund,
having regard to all applicable laws, including the laws of Canada, the laws of the People’s Republic of China, international law and these Regulations.
(2) The Chief Commissioner may submit a report to the Minister and the Minister of Finance 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.
(3) A copy of the report referred to in subsection (1) shall, when approved by the Minister and the Minister of Finance, be sent to the claimant in respect of whom the report was made.
7. (1) The amount of an award that may be recommended by the Commission for a corporation that is a Canadian citizen is limited to that proportion of the award it would have otherwise recommended be paid to the corporation out of the Fund that is equivalent to
(a) the proportion of the total issued share capital of the corporation that was beneficially held by Canadian citizens on the date the claim arose, or
(b) the proportion of the total issued share capital of the corporation that was beneficially held by Canadian citizens on October 20, 1981,
whichever is the lesser.
(2) Where, in the opinion of the Commission, a claimant has been paid or 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 would have otherwise recommended be paid to the claimant out of the Fund.
(3) Where a claimant by reason of his own neglect or default has failed to receive, or has forfeited his right to receive, any compensation in respect of his claim from a source other than the Fund, subsection (2) shall apply as if he had been paid that compensation.
(4) The Commission shall not recommend in respect of any one person or any one claim an award in excess of $100,000.
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