6Amounts of fees

6 Amounts of fees

(1) The amount of a fee imposed by section 5 is the amount worked out in accordance with regulations made for the purposes of this subsection. (2) Without limiting subsection (1), the regulations may do one or more of the following: (a) specify an amount or a method for determining an amount; (b) specify different amounts or methods for: (i) different kinds of fees; or (ii) different kinds of persons liable to pay a kind of fee; or (iii) different kinds of circumstances giving rise to the liability to pay a kind of fee; (c) specify a nil amount, or a method resulting in a nil amount; (d) specify a method for a kind of fee when such a fee is one of 2 or more fees payable in relation to a single agreement; (e) specify a method for a kind of fee payable in relation to an action if that action is covered by more than one provision of the Foreign Acquisitions Act or Foreign Acquisitions Regulation (because the action is an action of more than one kind); (f) specify a method for a kind of fee that: (i) initially determines an amount; and (ii) later determines a lower replacement amount (including a nil amount) if specified circumstances arise after the fee becomes payable. Paragraphs (c) to (f) do not limit paragraph (b).

Note: A method for determining an amount could, for example, include:

(a) indexation; or
(b) providing for a lower amount if certain circumstances exist; or
(c) reducing the amount to nil if another person who is jointly and severally liable for the fee pays the fee.

Cap on the amount of a fee (3) The amount of a fee imposed by section 5 must not exceed $7,000,000.