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Foreign Claims (People’s Republic of China) Settlement Regulations (SOR/82-381)

Regulations are current to 2020-09-09

Payment from the Fund (continued)

 The Minister of Finance shall transfer to the Fund from the War Claims Fund established pursuant to Vote 696, Appropriation Act No. 4, 1952, the balance remaining of the portion of the money and of the proceeds and earnings of property credited to the War Claims Fund pursuant to paragraph (b) of Order in Council P.C. 1976-3098 of December 16, 1976, which related to property of residents of China that was vested in the Custodian of Enemy Property in respect of World War II.

 Where the money in the part of the Fund described in section 12 is insufficient to pay in full all awards that the Minister and the Minister of Finance determine may be paid out of that part of the Fund,

  • (a) a payment shall be made in respect of each award equal to the full amount thereof or $5,000, whichever is the lesser; and

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

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

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

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

Deputy Chief Commissioner

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

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