Ex-Gratia Payments to Persons who were in Conjugal Relationships with now Deceased Chinese Head Tax Payers or to Designated Beneficiaries, Order Respecting

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SI-2006-137/FullText.html

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Order Respecting Ex-Gratia Payments to Persons who were in Conjugal Relationships with now Deceased Chinese Head Tax Payers or to Designated Beneficiaries

SI/2006-137Registration 2006-12-13
Order Respecting Ex-Gratia Payments to Persons who were in Conjugal Relationships with now Deceased Chinese Head Tax Payers or to Designated Beneficiaries
P.C. 2006-1401 2006-11-23Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage and the Treasury Board, hereby makes the annexed Order Respecting Ex-Gratia Payments to Persons who were in Conjugal Relationships with now Deceased Chinese Head Tax Payers or to Designated Beneficiaries.Interpretation

1 In this Order, Minister means the Minister of Canadian Heritage.

Authorization

2 (1) The Minister is hereby authorized, on application under subsection 3(1), to make an ex-gratia payment of $20,000 to any person who

(a) establishes that they were in a conjugal relationship with a person who has died and who, at the time of their death, met the criteria set out in paragraphs 2(a) and (b) of the Order Respecting Ex-Gratia Payments to Chinese Head Tax PayersFootnote 1;
Return to footnote 1SI/2006-109

(b) establishes that they are a Canadian citizen or a permanent resident of Canada or who, in the opinion of the Minister, has a long-standing connection to Canada; and
(c) was alive on February 6, 2006.

(2) The Minister is hereby authorized, on application under subsection 3(1), to make an ex-gratia payment of $20,000 to the beneficiary identified in the application made under the Order Respecting Ex-Gratia Payments to Chinese Head Tax PayersFootnote 1 by a person who met the criteria set out in section 2 of that Order but died after February 6, 2006 if

(a) no payment has been made as a result of the application made under that Order; and
(b) no application has been made by a person who meets the criteria set out in subsection (1).

(3) The Minister is hereby authorized to make an ex-gratia payment of $20,000 to the beneficiary identified in the application made under subsection 3(1) by a person referred to in subsection (1) who died after February 6, 2006.

Application

3 (1) Subject to subsection (2), an application for an ex-gratia payment under this Order shall be made to the Minister on or before March 31, 2008, shall be in the form approved by the Minister and shall be supported by such evidence as he or she deems necessary.
(2) Where an application is submitted after March 31, 2008, the application may be accepted by the Minister if he or she is satisfied that the applicant was unable to submit the application before that date because of facts or circumstances beyond the control of the applicant.

Payment

4 Each payment shall be a one-time lump sum payment.

No Crown Liability

5 Payments made under this Order shall not be construed as an admission of liability on the part of the Crown.