Industrial and Regional Development Regulations (SOR/83-599)

55 For the purposes of subsection 11(2) of the Act, the Minister may advise an applicant that the amount of the contribution will not be recovered from the applicant

• (a) in the case of recovery due to damage to or destruction of all or part of a facility, if the assets destroyed or damaged have been replaced or repaired or will be replaced or repaired without undue delay;

• (b) in the case of recovery due to the sale or other disposition of a facility, if

  • (i) the facility will continue to be used in substantially the same manner as contemplated at the time of the application by the commercial operation,

  • (ii) a successor will carry out the remaining terms and conditions of the Minister’s agreement with the commercial operation, and

  • (iii) the commercial operation and its successor, at or about the time control over the facility is assumed by the successor, assume joint and several liability to repay any amounts received from the Minister, in the event of a subsequent cessation of use without the prior written consent of the Minister of any of the assets in respect of which the contribution was made; and

• (c) where, due to circumstances beyond the control of the applicant that could not reasonably have been anticipated when the Minister agreed to make the contribution,

  • (i) the applicant has been forced to make a significant change in the project or activity, or

  • (ii) the project or activity has not been completed.

55.1 Notwithstanding section 55, for the purpose of subsection 11(2) of the Act, the Minister may advise an applicant that all or part of the amount of the contribution made to an applicant under Part V or Part VIII will not be recovered from the applicant where, on the basis of technical, marketing, financial or other considerations, the Minister determines that the project or activity or production of the results thereof should not be continued.

• 56 (1) A Board established by the Minister pursuant to section 14 of the Act may advise and make recommendations to the Minister concerning projects and activities and proposed projects and activities regarding

  • (a) their commercial viability;

  • (b) the degree of risk associated with them;

  • (c) the nature and amount of assistance under these Regulations that would be required for their successful completion;

  • (d) the nature and amount of assistance under these Regulations that would be appropriate, taking into consideration the amount of private investment;

  • (e) the appropriate terms and conditions for assistance to them under these Regulations;

  • (f) their benefit to Canada or any district;

  • (g) their impact in terms of creation and maintenance of employment; and

  • (h) any other circumstance or matter upon which the Board considers it appropriate to advise or recommend.

• (2) Each member of a Board established pursuant to section 14 of the Act is entitled to be paid

  • (a) remuneration of $200 for each day that the member performs duties under the Act; and

  • (b) reasonable travel and other expenses incurred by him while absent from his ordinary place of residence in the course of duties under the Act.

57 These Regulations apply to

• (a) every application for assistance under the Regulations received by the Minister after these Regulations come into force; and

• (b) every application for assistance under

  • (i) the Enterprise Development Regulations, except for the Industry and Labour Adjustment Program,

  • (ii) the Cooperative Overseas Market Development Program,

  • (iii) the Institutional Assistance Program,

  • (iv) the Regional Development Incentives Act,

  • (v) the Montreal Special Area Program, and

  • (vi) the Magdalen Islands Special Area Program,

  where the application was received by the Minister not more than six months before or is received not more than two months after these Regulations come into force, if

  • (vii) such application has not been disallowed by the Minister prior to the coming into force of these Regulations,

  • (viii) an agreement for such assistance has not been entered into in respect of the application, and

  • (ix) the applicant has opted in writing for the application to be dealt with under these Regulations.

58 Notwithstanding any other provision of these Regulations, any application received by the Minister prior to the date this section came into force shall be governed by these Regulations as they read immediately prior to the date this section came into force.