8. The Chief Commissioner shall deliver to the Minister of Finance all bonds, shares and other documents on the basis of which the Commission has recommended an award.
9. No right to an award is conferred by any recommendation of the Commission contained in a report made by the Chief Commissioner to the Minister or the Minister of Finance.
PAYMENT FROM THE FUND
10. (1) On receipt of a report referred to in subsection 6(1), 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 a claim, the Minister and the Minister of Finance shall deduct the amount of any compensation that has been paid or is likely to be paid to the claimant from a source other than the Fund that the Commission has not already deducted pursuant to section 7 in recommending an award.
11. (1) Before making payment of an award or any part thereof, 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.
(2) The Commission may recommend or the Minister of Finance may require that, as a condition to the granting of an award,
(a) a claimant assign to Her Majesty in right of Canada his entitlement to compensation in respect of his claim from a source other than the Fund; or
(b) if such entitlement cannot be validly assigned, the claimant give a written undertaking to do all things necessary to vest in Her Majesty the amount of such compensation and his rights therein.
12. Awards in respect of claims shall be paid out of that part of the Fund consisting of
(a) money received from the Government of the People’s Republic of China under Articles I and III of the Agreement and credited to the Fund pursuant to paragraph (b) of the Vote;
(b) money transferred to the Fund pursuant to section 13; and
(c) any interest credited to the Fund in respect of the money referred to in paragraphs (a) and (b).
13. The Minister of Finance shall transfer to the Fund from the War Claims Fund established pursuant to Vote 696, Appropriation Act No. 4, 1952, the balance remaining of the portion of the money and of the proceeds and earnings of property credited to the War Claims Fund pursuant to paragraph (b) of Order in Council P.C. 1976-3098 of December 16, 1976, which related to property of residents of China that was vested in the Custodian of Enemy Property in respect of World War II.
14. Where the money in the part of the Fund described in section 12 is 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 the full amount thereof or $5,000, whichever is the lesser; and
(b) the balance of any awards that are not paid in full shall be paid on a pro rata basis from any money remaining in that part of the Fund.
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