NOTICE OF CLAIM
3. (1) Only claims in respect of which notice of claim has been received by the Government of Canada on or before November 7, 1980 shall be considered by the Commission.
(2) Every notice of claim received by the Government of Canada on or before November 7, 1980 shall be referred to the Commission.
(3) All documentary evidence on which a claimant intends to rely in establishing his claim shall be submitted to the Commission on or before February 15, 1981.
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 November 7, 1980 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 it.
(2) Where an eligible claimant within the meaning of subsection (1) who gave notice of his claim on or before November 7, 1980 dies after that date, an award may be made to any person lawfully entitled thereto irrespective of his nationality.
(3) The eligibility of a corporation that is a Canadian citizen is limited to an amount that represents the same percentage to the total amount of its claim as does the Canadian beneficial ownership of the issued shares of the corporation to the total issued share capital of the corporation on either the date the claim arose or on November 7, 1980, whichever is the lesser.
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 a source other than the Fund, the Commission shall deduct the amount of that compensation from the amount of the award it recommends 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, subsection (1) applies as if he had been paid that compensation.
(3) Where a claimant who knew or ought to have known that if he failed to apply on or before a fixed date he would forfeit his right or lose his eligibility to receive any compensation in respect of his claim from a source other than the Fund fails to so apply, that failure shall, for the purposes of subsection (2), be considered to be neglect by the claimant.
6. (1) The Chief Commissioner shall report to the Minister and to the Minister of Finance on each claim considered by the Commission in accordance with the laws of Canada, international law, and these Regulations recommending
(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) Notwithstanding paragraph (1)(b), the Chief Commissioner shall not recommend in respect of any one person or any one claim an award in excess of $1,000,000.
(3) 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.
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