Compensation
6 (1) The Crown in right of Ontario shall pay compensation to 1532382 Ontario Inc. and Notre Development Corporation in accordance with this section.  2004, c. 6, s. 6 (1). Amount (2) Subject to subsection (3), the amount of the compensation payable to a corporation under subsection (1) shall be determined in accordance with the following formula: A + B + C where, A = the reasonable expenses incurred and paid by the corporation after December 31, 1988 and before April 5, 2004 for the purpose of using the Adams Mine site to dispose of waste, B = the lesser of, i. the reasonable expenses incurred by the corporation after December 31, 1988 and before April 5, 2004, but not paid before April 5, 2004, for the purpose of using the Adams Mine site to dispose of waste, and ii. $1,500,000, in the case of Notre Development Corporation, or $500,000, in the case of 1532382 Ontario Inc., C = the reasonable expenses incurred by the corporation on or after April 5, 2004 for the purpose of using the Adams Mine site to dispose of waste, if the expenses are for legal fees and disbursements in respect of legal services provided on or after April 5, 2004 and before this Act comes into force. 2004, c. 6, s. 6 (2). Same (3) The amount of the compensation payable to 1532382 Ontario Inc. under subsection (1) shall be the amount determined for that corporation under subsection (2), less the fair market value, on the day this Act comes into force, of the Adams Mine site.  2004, c. 6, s. 6 (3). Accounting (4) Subsection (1) does not apply to a corporation unless, not later than 120 days after this Act comes into force, it submits to the Crown in right of Ontario a full accounting of the expenses described in subsection (2), including any receipts for payment.  2004, c. 6, s. 6 (4). Audit (5) 1532382 Ontario Inc. and Notre Development Corporation shall provide the Crown in right of Ontario with reasonable access to their records, management staff, auditors and accountants for the purpose of reviewing and auditing any accounting submitted under subsection (4).  2004, c. 6, s. 6 (5). Application to Superior Court of Justice (6) 1532382 Ontario Inc., Notre Development Corporation or the Crown in right of Ontario may apply to the Superior Court of Justice to determine any issue of fact or law related to this section that is in dispute.  2004, c. 6, s. 6 (6). Payment out of C.R.F. (7) The Minister of Finance shall pay out of the Consolidated Revenue Fund any amount payable by the Crown in right of Ontario under this section.  2004, c. 6, s. 6 (7). Loss of goodwill or possible profits (8) For greater certainty, no compensation is payable under subsection (1) for any loss of goodwill or possible profits.  2004, c. 6, s. 6 (8). Reasonable expenses (9) For greater certainty, subject to subsection (10), a reference in this section to reasonable expenses incurred for the purpose of using the Adams Mine site to dispose of waste includes reasonable expenses incurred for that purpose for, (a) seeking to acquire and acquiring the Adams Mine site; (b) surveys, studies and testing; (c) engineering and design services; (d) legal fees and disbursements; (e) marketing and promotion; (f) property taxes; (g) seeking government approvals; and (h) seeking to acquire the lands described in Schedule 1.  2004, c. 6, s. 6 (9). Same (10) For greater certainty, a reference in this section to reasonable expenses, (a) does not include any expense that exceeds the fair market value of the goods or services for which the expense was incurred; and (b) does not include any expense for which 1532382 Ontario Inc. or Notre Development Corporation has been reimbursed by another person.  2004, c. 6, s. 6 (10); 2009, c. 33, Sched. 15, s. 1. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 1 - 15/12/2009 7 Omitted (amends or repeals other Acts).  2004, c. 6, s. 7. 8 Omitted (provides for coming into force of provisions of this Act).  2004, c. 6, s. 8. 9 Omitted (enacts short title of this Act).  2004, c. 6, s. 9. SCHEDULE 1 The lands described as: Location CL 411-A, Boston Township, District of Timiskaming, containing 387.48 hectares; Location CLM 104, McElroy Township, District of Timiskaming, containing 238.72 hectares; Parts 1, 2, 3, 4, 5, 6, Plan 54R-2947, Boston Township, District of Timiskaming, containing 14.58 hectares; Parts 1, 2, 3, Plan 54R-1694, Boston Township, District of Timiskaming, containing 18.76 hectares; Location CL 936, Plan TER-670, Boston Township, District of Timiskaming, containing 33.46 hectares; Parts 1, 2, Plan 54R-1807, Boston Township, District of Timiskaming, containing 37.10 hectares; Parts 1, 2, 3, Plan 54R-1693, Boston Township, District of Timiskaming, containing 12.12 hectares; Parts 1, 2, Plan 54R-2322, Boston Township, District of Timiskaming, containing 18.69 hectares; Part 1, Plan 54R-1540, Boston Township, District of Timiskaming, containing 14.48 hectares; Location CL 1584, Part 1, Plan 54R-1511, Boston Township, District of Timiskaming, containing 16.06 hectares; Location CL 1221, CL 1222, Parts 1, 2, Plan 54R-1291, McElroy Township, District of Timiskaming, containing 34.02 hectares; Location CL 1220, Parts 1, 2, 3, 4, 5, 6, 7, Plan 54R-1292, McElroy Township, District of Timiskaming, containing 102.62 hectares; Parts 1, 2, 3, Plan 54R-1619, McElroy Township, District of Timiskaming, containing 43.28 hectares. 2004, c. 6, Sched. 1. ______________  Français