Energy Supplies Emergency Act (R.S.C., 1985, c. E-9)

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Act current to 2013-05-26 and last amended on 2012-03-16. Previous Versions

Compensation

32. (1) Subject to subsection (2) and the regulations made under section 32.1, the Minister of Natural Resources shall award reasonable compensation to any person who suffers deprivation of property as a result of anything done, or purported to be done, under this Act or any order or regulation made thereunder.
Marginal note:Release
(2) No compensation shall be paid to a person under this section unless that person, in consideration of the compensation, signs, in a form provided by the Minister of Natural Resources, a release of any right of action that the person may have against Her Majesty in right of Canada in respect of any deprivation of property as a result of any thing done, or purported to be done, under this Act or any order or regulation made thereunder.

32.1 The Governor in Council may make regulations

(a) prescribing the form and manner of making applications for compensation under section 32, 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 deprivation of property 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 deprivation of property;
(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 deprivation of property 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 section 32.

32.2 (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 from decisions of the Minister under section 32 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 section 32.3 and, where the Assessor does so, the references in sections 32.4 and 32.5 to the "Assessor" shall be construed as including references to the "Deputy Assessor".