9. The following conditions must be complied with before the Corporation authorizes payment under section 103 of the Act to an applicant who is a spill creditor: 1. The applicant must have made all reasonable efforts to ascertain the identity of every person liable to the applicant in respect of the spill. 2. i. The applicant must make every reasonable effort to serve every person whom the applicant, after making reasonable inquiries, has reason to believe is liable to the applicant in respect of the spill with a notice in writing of the application and a claim in writing for payment of the full amount of the loss, damage, cost and expense set out in the application, but this condition does not require the applicant to serve a person whose identity is not known to the applicant if the applicant has made all reasonable efforts to ascertain the identity of the person. ii. Subparagraph i does not apply where an applicant complies with condition 3 of these conditions before applying to the Corporation for payment. 3. i. Unless the Corporation has waived the requirement, the applicant must commence an action or actions against all persons liable to the applicant in respect of the spill whose identity is known to or can be ascertained with reasonable effort by the applicant. ii. The action or actions must be for not less than the full amount of the loss, damage, cost and expense for which application is made to the Corporation. iii. The applicant must prosecute the action or actions to final judgment or dismissal, but a dismissal that is not based on the merit of the applicant’s claim does not meet this condition. iv. Where the final judgment is obtained by the applicant, the applicant must, A. make all reasonable efforts to obtain payment of the amount of the final judgment from the judgment debtor or judgment debtors, B. deliver to the Corporation the bills of costs of the applicant for the action assessed on a party and party basis, and C. assign the final judgment to the Corporation, if the applicant is unsuccessful in obtaining payment of the full amount of the final judgment from the judgment debtor or judgment debtors. 4. Condition 3 of these conditions does not apply where an applicant applies to the Corporation for payment of not more than the aggregate of $10,000 plus an interim payment of not more than an amount not exceeding 10 per cent of the balance of the applicant’s claim up to the lesser of the limit under clause 10 (2) (b) or the amount for which the Corporation determines it is prepared to give a consent to settlement of an action or actions by the spill creditor for payment in respect of the loss or damage and, i. the applicant delivers to the Corporation a release executed under seal by the applicant of all claims against Her Majesty in right of Ontario in respect of the spill if the claim does not exceed $10,000, and ii. no person liable to the applicant in respect of the spill pays or undertakes to pay the claim of the applicant within thirty days from the day that the applicant serves the last of the applicant’s claims for payment upon the persons liable to the applicant in respect of the spill. 5. Any amount the applicant receives from a person liable to the applicant in respect of the spill shall be deducted from the amount otherwise determined under condition 4 of these conditions for the purpose of determining the amount that the Corporation may authorize for payment under condition 4. 6. i. An applicant who commences an action mentioned in condition 3 of these conditions must give notice in writing as soon as possible to the Corporation if, A. a defendant does not file a statement of defence, B. a defendant does not appear in person or by counsel at the trial, C. a defendant does not appear in person at an examination for discovery, or D. it is proposed to sign judgment upon the consent or with the agreement of a defendant. ii. In any of the circumstances mentioned in subparagraph i of this condition, the applicant must, A. deliver to the Corporation such information, documents and evidence as may reasonably be required by the Corporation in order to determine what, if any, steps to require the applicant to take in the action, and B. take such steps in the action as may be required in writing by the Corporation. 7. Upon request, the applicant must transfer to Her Majesty in right of Ontario any property in respect of which the Corporation proposes to authorize payment in an amount equal to the fair market value of the property. 8. Where the amount of the application is not more than $10,000, the applicant must execute a release under seal of all claims for compensation by the Minister of Finance that may be authorized by the Corporation. 9. The applicant must give interim notice in writing of the applicant’s loss or damage to the Corporation within thirty days after the day the applicant knows or ought to know of the loss or damage, but the Corporation shall waive this condition where it is of the opinion that the ability of the Corporation to assess the loss or damage has not been prejudiced. 10. The applicant must make application in writing to the Corporation not later than, i. two years after the day the applicant knows or ought to know of the loss or damage, or ii. one year after the day on which the applicant obtains a final judgment or settles an action for the loss or damage, whichever is the later. 11. The applicant must inform the Corporation in writing of any change in the information in or in respect of the application forthwith after the change occurs.  R.R.O. 1990, Reg. 360, s. 9.