Regulations Respecting the Settlement of Claims With Bulgaria
P.C. 1966-2062 1966-11-03
His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs and the Minister of Finance, pursuant to any enactment of the Parliament of Canada for defraying the several charges and expenses of the Public Service from and after the 1st day of April, 1966 that provides for payments out of the Foreign Claims Fund, is pleased hereby to make the annexed Regulations respecting the settlement of claims with Bulgaria.
2 In these Regulations,
Agreement means the Agreement between the Government of Canada and the Government of the People’s Republic of Bulgaria relating to the settlement of financial matters signed at Ottawa on June 30, 1966; (Accord)
Claim means a claim of the Government of Canada, a Canadian citizen or a Canadian juridical person against the Bulgarian Government in respect of property, rights, interests and debts in Bulgaria which have been affected directly or indirectly by Bulgarian measures of nationalization, expropriation or other similar measures which have taken effect before June 30, 1966; (réclamation)
- Foreign Claims Fund
Foreign Claims Fund means the special account in the Consolidated Revenue Fund known as the Foreign Claims Fund established by Vote 22a of Appropriation Act No. 7, 1966; and (Fonds pour les réclamations étrangères)
Ministers means the Secretary of State for External Affairs and the Minister of Finance. (Ministres)
3 Payment to the Canadian Government by the Government of the People’s Republic of Bulgaria of the sum of $40,000 in accordance with Articles I and II of the Agreement constitutes satisfaction by Bulgaria of its obligation to Canada and Canadian claimants in respect of any claim subject to the Agreement.
4 (1) The Ministers may make payments out of the Foreign Claims Fund to any Canadian claimant who
(a) gave notice of his claim to the Government of Canada prior to June 30, 1966; and
(b) establishes to the satisfaction of the Ministers that he is entitled to receive compensation under Articles I and III of the Agreement in respect of a claim.
(2) Where a Canadian claimant has died on or after the 30th day of June, 1966, the Ministers may pay to the personal representative of the Canadian claimant or to such other person as appears to the Ministers to be entitled to the assets of the Canadian claimant any amount that they would have paid under subsection (1) to the Canadian claimant if he had survived.
5 (1) The payment to any person of an amount that the Ministers designate as a final payment in respect of the claim of a Canadian claimant under Articles I and III of the Agreement constitutes full satisfaction of all claims in respect of the Canadian claimant under those Articles.
(2) Before the Ministers make a final payment, they shall secure from the person to whom the payment is to be made in consideration of the payment, a release in the form that they consider satisfactory in respect of the claim for which payment is to be made.
6 (1) In administering these Regulations, the Ministers may refer any matter to an adviser to be appointed with the approval of the Treasury Board called the “Adviser on Claims under the Agreement” but the Ministers are not bound by the findings and recommendations of the adviser.
(2) The adviser shall, if so requested by the Ministers, enquire into and make reports and recommendations to the Ministers concerning
(a) the validity of claims by Canadian claimants under the Agreement;
(b) the amount to which a Canadian claimant is entitled under Articles I and II of the Agreement in respect of a claim;
(c) the division as between the Canadian claimants of the moneys to be paid out by the Ministers; and
(d) any other matter arising out of the administration of these Regulations.
(3) The Treasury Board shall determine
(a) the remuneration to be paid to the adviser; and
(b) whether the adviser’s remuneration and expenses shall be
(i) paid out of the Foreign Claims Fund,
(ii) paid out of moneys provided by Parliament, or
(iii) apportioned in such manner as Treasury Board may direct between the Foreign Claims Fund and the moneys provided by Parliament.
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