• 13. (1) If the Minister determines that a claim is not valid, the Minister shall advise the owner of the object or appurtenance of this in writing.

• (2) An owner may have the determination of the Minister reviewed by a competent and disinterested arbitrator selected jointly by the Minister and the owner.

• (3) The arbitrator’s determination is final and binding on the parties.

• 14. (1) If the Minister and the owner fail to agree on the extent of the partial loss or damage to, or on any consequent reduction in the fair market value of, the object or appurtenance, each shall select a competent appraiser or appraisers who shall independently consider the extent of the partial loss or damage and each determine any consequent reduction in the fair market value of the object or appurtenance.

• (2) If the Minister and the owner agree on the extent of the partial loss or damage and the consequent reduction in the fair market value of an object or appurtenance, based on the determinations of the appraisers made under subsection (1), the Minister shall act in accordance with subparagraph 12(b)(i) or (ii).

• (3) If the Minister and the owner continue to disagree on the extent of the partial loss or damage and the consequent reduction in the fair market value of an object or appurtenance the Minister and owner shall jointly select a competent and disinterested arbitrator to determine the matter.

• (4) The arbitrator’s determination is final and binding on the parties.

• 15. (1) Each appraiser and all expenses incurred during the preparation of an appraisal shall be paid by the party selecting him or her.

• (2) The arbitrator and all expenses incurred during the preparation of an arbitration shall be paid by the parties in equal shares.

16. After compensation for loss or damage has been paid under these Regulations, the Minister shall be subrogated to all the owner’s rights of recovery against any person or entity.

• 17. (1) If compensation has been paid under these Regulations in respect of an indemnified object or appurtenance that was lost and then recovered, the object or appurtenance becomes the property of the Minister on its recovery.

• (2) The owner may buy back the object or appurtenance and if the owner does so, its price shall be

  • (a) if it is not damaged, the amount of compensation paid to the owner under these Regulations; and

  • (b) if it is damaged, the fair market value of the object or appurtenance in its damaged state.

• (3) If the Minister and the owner do not agree on the fair market value of an object or appurtenance in its damaged state, the procedure set out in section 14 shall apply, with any modifications that the circumstances require.

Footnote ^*18. These Regulations come into force on the day on which the Canada Travelling Exhibitions Indemnification Act, being chapter 29 of the Statutes of Canada, 1999, comes into force.

• Return to footnote ^*[Note: Regulations in force December 15, 1999, see SI/99-137.]