Energy Supplies Emergency Act

Marginal note:Powers of Assessor

• 32.4 (1) On the hearing of an appeal under section 32.3, 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 section 32.3, costs may be awarded to or against Her Majesty in right of Canada.

• Marginal note:Decision final

  (3) The decision of the Assessor on any appeal under section 32.3 is final and conclusive and, except for judicial review under the Federal Court 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.