Foreign Claims (Poland) Settlement Regulations (SOR/72-395)

Short Title

1 These Regulations may be cited as the Foreign Claims (Poland) Settlement Regulations.

Interpretation

2 In these Regulations,

Agreement

Agreement means the Agreement between the Government of Canada and the Government of the Polish People's Republic Relating to the Settlement of Financial Matters, signed at Ottawa, October 15, 1971; (Accord)

Canadian citizen

Canadian citizen means a person

• (a) who is a Canadian citizen within the meaning of the Canadian Citizenship Act, or

• (b) who, before the coming into force of the Canadian Citizenship Act, was a Canadian national by birth, naturalization or operation of law,

and includes a corporation incorporated under the laws of Canada; (citoyen canadien)

Chief Commissioner

Chief Commissioner means the Chief Commissioner of the Commission; (commissaire en chef)

claim

claim means a claim, other than a claim in respect of bonds forming part of the Polish external public debt, by a Canadian citizen against the Government of Poland or against Polish natural or juridical persons in respect of

• (a) property, rights or other interests nationalized or otherwise taken by the application of Polish legislation or administrative decisions prior to October 15, 1971; or

• (b) debts owed by enterprises nationalized or otherwise taken by the application of Polish legislation or administrative decisions prior to October 15, 1971; (réclamation)

Commission

Commission means the Foreign Claims Commission established by Order in Council P.C. 1970-2077 of December 8, 1970; (Commission)

Fund

Fund means the special account known as the Foreign Claims Fund established in the Consolidated Revenue Fund by the Minister of Finance pursuant to Vote 22a of Appropriation Act No. 9, 1966; (Caisse)

Minister

Minister means the Secretary of State for External Affairs. (Ministre)

Notice of Claims

• 3 (1) Only claims of which notice has been given on or before October 15, 1971 shall be considered by the Commission.

• (2) Every notice of a claim received by the Government of Canada on or before October 15, 1971 shall be referred to the Commission.

• (3) All documentary evidence and written representations on which a claimant intends to rely in establishing his claim shall be submitted to the Commission on or before March 31, 1976.

Eligibility of Claimant to Receive an Award

• 4 (1) In order to be eligible to receive an award in respect of a claim, a claimant must have been a Canadian citizen from the time the claim arose or the time he obtained title to it, until October 15, 1971, and where a claimant obtained title to a claim after the time it arose, each of his predecessors in title must have been a Canadian citizen during the time he held title to the claim.

• (2) Where a claimant who gave notice of his claim before October 15, 1971 dies after the day, an award may be paid to any person lawfully entitled thereto irrespective of his nationality.

• 5 (1) Where a claimant has been paid or, in the opinion of the Commission, is likely to be paid any compensation in respect of his claim from any source other than the Fund, the Commission shall deduct the amount of that compensation from the amount of the award it recommends to be paid to that claimant out of the Fund.

• (2) Where a claimant by reason of his own neglect or default has failed to receive, has forfeited his right to receive or has lost his eligibility to receive any compensation in respect of his claim from a source other than the Fund, he shall, for the purposes of these Regulations, be deemed to have been paid that compensation.

• (3) The failure of a claimant who knew or ought to have known that, if he did not apply on or before a fixed date, he would forfeit his right or lose his eligibility to receive compensation in respect of his claim from a source other than the Fund shall be deemed, for the purposes of subsection (2), to be neglect by that claimant.

Report

• 6 (1) The Chief Commissioner shall report to the Minister and the Minister of Finance on each claim considered by the Commission, stating

  • (a) whether the claimant is eligible to receive an award; and

  • (b) the amount of the award, if any, that in the opinion of the Commission, should be made to the claimant.

• (2) The Chief Commissioner may make a report on any claim on the basis of the information then available to the Commission where, in his opinion, postponement of his report in respect of the claim would result in undue delay.

Payment from the Fund

• 7 (1) On receipt of a report from the Chief Commissioner, the Minister and the Minister of Finance shall determine

  • (a) the amount 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 any claim, the Minister and the Minister of Finance shall deduct the amount of any compensation that has been paid, is likely to be paid, or is deemed pursuant to section 5 to have been paid in respect of the claim that the Commission has not already deducted in recommending an award.

• (3) No right to an award is conferred by any recommendation made by the Chief Commissioner to the Minister and the Minister of Finance.

8 Awards in respect of claims shall be paid out of that part of the Fund consisting of moneys received from the Polish Government under Article I of the Agreement and credited to the Fund pursuant to paragraph (b) of Vote 22a of Appropriation Act, No. 9, 1966, and any interest credited to the Fund in respect of those moneys.

9 Where the moneys in that part of the Fund described in section 8 are insufficient to pay in full all awards that the Minister and the Minister of Finance determine may be paid out of that part,

• (a) a payment shall be made in respect of each award equal to either the full amount thereof or one thousand dollars, whichever is the lesser; and

• (b) the balance of awards not paid in full shall be paid on a pro rata basis from any moneys remaining in that part of the Fund.

10 Awards may be paid in one or more instalments at such times as in the opinion of the Minister and the Minister of Finance may be warranted having regard to

• (a) the amounts available in the part of the Fund out of which awards of a similar kind may be paid; and

• (b) the possible amounts that may be awarded in respect of unpaid claims including those still before the Commission.

• 11 (1) The Commission shall certify to the Minister of Finance in respect of each claim where an award has been recommended that any documents of title or any other documents on which the recommendations has been based have been transmitted to the Minister for the purpose of Article VII of the Agreement.

• (2) Before making payment of an award, 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.

• (3) The Commission may recommend or the Minister of Finance may require that any claimant assign to Her Majesty in right of Canada his entitlement to compensation from a source other than the Fund, or if such entitlement cannot be validly assigned, sign an undertaking to do all things necessary to vest the amount of such compensation and his rights thereto in Her Majesty.

General

12 In the event of the absence or incapacity of the Chief Commissioner or if the office of the Chief Commissioner is vacant, the Deputy Chief Commissioner may perform all the duties and functions of the Chief Commissioner under these Regulations.

13 In the event of the absence, incapacity or disqualification of any two Commissioners, the remaining Commissioner may perform all the duties and functions of the Commission under these Regulations.