Emergencies Act (R.S.C., 1985, c. 22 (4th Supp.))

Full Document:  

Act current to 2019-06-20 and last amended on 2003-07-02. Previous Versions

PART VCompensation

Interpretation

Marginal note:Definitions

 In this Part,

compensation

compensation means compensation under subsection 48(1); (indemnisation)

Crown

Crown means Her Majesty in right of Canada; (État)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Part. (ministre)

Liability

Marginal note:Protection from personal liability

  •  (1) No action or other proceeding for damages lies or shall be instituted against a Minister, servant or agent of the Crown, including any person providing services pursuant to an order or regulation made under subsection 8(1), 19(1), 30(1) or 40(1), for or in respect of any thing done or omitted to be done, or purported to be done or omitted to be done, in good faith under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.

  • Marginal note:Crown not relieved of liability

    (2) Subsection (1) does not relieve the Crown of liability for the acts or omissions described therein and the Crown is liable under the Crown Liability Act or any other law as if that subsection had not been enacted.

Compensation

Marginal note:Compensation

  •  (1) Subject to subsection (2) and the regulations made under section 49, the Minister shall award reasonable compensation to any person who suffers loss, injury or damage as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.

  • Marginal note:Release

    (2) No compensation shall be paid to a person unless that person, in consideration of the compensation, signs, in a form provided by the Minister, a release of any right of action that the person may have against the Crown as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.

  • Marginal note:Subrogation

    (3) The Crown is subrogated to all rights of any person to whom compensation is paid to recover damages in respect of the loss, injury or damage for which the compensation is paid and may maintain an action in the name of that person or in the name of the Crown against any person against whom the action lies.

  • Marginal note:Application of recovered sums

    (4) Any sum recovered by the Crown pursuant to an action under subsection (3) shall be applied

    • (a) first, to payment of the costs actually incurred in the action and in levying execution, and

    • (b) second, to reimbursement of the Crown for the compensation paid to the person whose rights were subrogated,

    and the balance, if any, shall be paid to that person.

  • Marginal note:Settlement

    (5) No settlement or release bars the rights of the Crown under subsection (3) unless the Minister has concurred therein.

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the form and manner of making applications for compensation, the information and evidence to be submitted in connection therewith and the procedure to be followed in the consideration of applications for compensation;

  • (b) prescribing the period within which applications for compensation must be made;

  • (c) prescribing the criteria to be used in determining the eligibility of any person for compensation;

  • (d) prescribing the methods and criteria to be used in assessing any loss, injury or damage for which compensation shall be paid;

  • (e) prescribing the maximum amount of compensation that may be paid to any person either generally or with respect to any particular loss, injury or damage;

  • (f) prescribing the terms and conditions for the payment of compensation;

  • (g) providing for the payment of compensation in a lump sum or in periodic payments;

  • (h) providing for pro rata payments of compensation;

  • (i) establishing priorities among persons applying for compensation on the basis of classes of persons or classes of loss, injury or damage or otherwise;

  • (j) respecting the giving of notices to persons affected by applications for compensation; and

  • (k) generally, for carrying into effect the purposes and provisions of this Part.

Appeals

Marginal note:Assessor and Deputy Assessors

  •  (1) The Governor in Council shall, from among the judges of the Federal Court, appoint an Assessor and such number of Deputy Assessors as the Governor in Council considers necessary to hear and determine appeals under this Part and, subject to this Part, may prescribe their jurisdiction.

  • Marginal note:Acting assessor

    (2) The Governor in Council shall, from among the judges of the Federal Court, appoint an acting assessor to act in the place of the Assessor in the event of the Assessor’s absence or incapacity.

  • Marginal note:Deputy Assessor

    (3) The Assessor may designate a Deputy Assessor to hear and determine any appeal under this Part and, where the Assessor does so, the references in sections 52 and 53 to the “Assessor” shall be construed as including references to the “Deputy Assessor”.

Marginal note:Appeal

  •  (1) Any person who has applied for compensation and is not satisfied with the decision of the Minister thereon may appeal the decision to the Assessor.

  • Marginal note:Limitation period

    (2) No appeal may be made under this section more than three months after the day on which the person applying for compensation receives notice of the Minister’s decision thereon or such longer period as the Assessor may, either before or after the expiration of that period of three months, allow for special reasons.

Marginal note:Powers of Assessor

  •  (1) On the hearing of an appeal under this Part, the Assessor may

    • (a) confirm the decision of the Minister;

    • (b) notwithstanding the maximum amount, if any, of compensation that may be paid to the person appealing, vary the decision of the Minister; or

    • (c) refer the matter back to the Minister for such further action as the Assessor may direct, including the calculation of compensation without regard to the maximum amount, if any, that may otherwise be paid.

  • Marginal note:Costs

    (2) In any appeal under this Part, costs may be awarded to or against the Crown.

  • Marginal note:Decision final

    (3) The decision of the Assessor on any appeal under this Part is final and conclusive and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

  • Marginal note:Payment

    (4) Where the Assessor varies a decision of the Minister by awarding compensation or increasing the amount of compensation awarded by the Minister or, on a matter referred back for further action, the Minister increases the amount of compensation previously awarded, the Minister shall pay that compensation or increased compensation, as the case may be.

  • R.S., 1985, c. 22 (4th Supp.), s. 52
  • 1993, c. 34, s. 61
  • 2002, c. 8, s. 182

Marginal note:Sittings and hearings

  •  (1) The Assessor may sit and hear appeals at any place or places, and shall arrange for such sittings and hearings as may be required.

  • Marginal note:Expenses

    (2) The Assessor is entitled to be paid such travel allowances as are paid for attendances as a judge of the Federal Court under the Judges Act.

Marginal note:Procedure

 The Assessor may, with the approval of the Governor in Council, make such rules respecting the conduct of appeals and the procedure for the bringing of appeals as the Assessor deems necessary to enable the discharge of the Assessor’s duties under this Act.

Marginal note:Registrar

 The Governor in Council may appoint a registrar of appeals and such other persons as the Governor in Council considers necessary to carry out the purposes of this Part.

Payment

Marginal note:Payment out of C.R.F.

 Compensation and costs awarded against the Crown under this Part shall be paid out of the Consolidated Revenue Fund.

 
Date modified: