Compensation Regulations (SOR/2018-59)

Marginal note:Publication

6 A summary of the notice referred to in section 4 must be published in the Canada Gazette and on the website of the federal member institution.

Marginal note:Payment of compensation

7 The Corporation must pay a prescribed person any compensation offered under paragraph 4(1)(a) if

• (a) the prescribed person notifies the Corporation of their acceptance of the offer within the period set out in paragraph 5(c);

• (b) the prescribed person does not notify the Corporation of their acceptance of, or objection to, the offer within the period set out in paragraph 5(c); or

• (c) the prescribed person notifies the Corporation of their objection to the offer but the condition set out in paragraph 5(d) is not met by the end of that period.

Marginal note:Appointment of assessor

8 An assessor is to be appointed under section 39.26 of the Act if the condition referred to in paragraph 5(d) is met within the period referred to in paragraph 5(c).

Marginal note:Corporation’s notice to dissenters

9 Within 45 days after the day on which an assessor is appointed, the Corporation must provide, to each prescribed person whose compensation is to be determined by the assessor, a notice of the appointment of the assessor indicating that the prescribed person is bound by the assessor’s determination of the amount of compensation to be paid which may be lower or higher than that contained in the offer.

Marginal note:Assessor’s determination

10 For the purpose of reviewing a decision made by the Corporation and determining the amount of compensation to be paid to a prescribed person under section 39.26 of the Act, the assessor must consider

• (a) whether the Corporation based its determination on an unreasonable estimate or on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; and

• (b) the manner of determining compensation set out in section 3.

Marginal note:Assessor’s notice

• 11 (1) The assessor must provide, to every prescribed person whose compensation is determined by the assessor, a notice

  • (a) setting out the assessor’s determination of the amount of compensation that the person is entitled to;

  • (b) stating that the person is bound by the assessor’s determination as to the amount of compensation to be paid; and

  • (c) stating that the Corporation must pay the compensation within 90 days after the date of the notice.

• Marginal note:Copy to Corporation

  (2) The assessor must provide the Corporation with a copy of each notice.

Marginal note:Payment of compensation

12 The Corporation must pay a prescribed person the compensation that they are entitled to receive within

• (a) if a notice referred to in subsection 11(1) is provided to the person, 90 days after the date of that notice; or

• (b) in any other case, 135 days after the day on which a summary of the notice referred to in section 4 is published in the Canada Gazette.

Coming into Force

Marginal note:

Footnote ^*13 These Regulations come into force on the day on which section 142 of the Budget Implementation Act, 2016, No. 1 comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force March 27, 2018.]