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No Payment in Certain Cases

6. (1) No compensation shall be authorized by the Minister in respect of an accident to or in respect of
(a)	a person who is eligible or would have been eligible to claim compensation in respect of that accident under the Government Employees Compe'nsation Act, the Merchant Seamen Compensation Act or under a provincial compensation law providing for compensation to workmen or their dependants;
(b)	a person who resides outside Canada, other than
	(i)	a person whose residence has been approved by the Minister pursual1t to subsection (2),
	(ii)	a person who has been
		(A)	removed or deported on a departure notice by virtue of the Immigration Act, 1976, and
		(B)	deported by virtue of the Immigration Act, A.S.C., 1970, c.I-2, or
	(iii)	a person who has been transferred outside Canada by virtue of the Transfer of Offenders Act; or
(c)	an inmate or discharged inmate whose physical disability or death was attributable to his serious and willful misconduct.
(2) Subject to subsection (3), the Minister may approve, in writing, the residence outside Canada of a claimant if the claimant applied for such approval
(a)	before the claimant took up residence outside Canada; or
(b)	after the claimant has taken up residence outside Canada where it was not practicable for the claimant to seek such approval before doing so.
(3) When compensation is paid to the claimant under paragraph 28.1(1)(a) of the Act, the Minister shall take into account, in his decision to authorize compensation to be paid to a claimant who resides outside Canada, the effect of the move upon the physical disability and the medical care required by the claimant.
(4) Subject to subsection 10(2), no compensation shall be paid under paragraph 28.1(1)(b) of the Act where the Minister determines that because of the place or circumstances in which the claimant is living, the claimant would, if the deceased inmate or discharged inmate was still living, cease to be a dependant. [SOR/83-687]
(5) No compensation shall be paid to or in respect of a person in respect of the period of time during which such person is serving a sentence imposed by a court of competent jurisdiction in a gaol or penitentiary or in a correctional institution that is maintained at public expense.
(6) No compensation shall be paid to a claimant unless the claimant or his duly authorized agent or guardian, in consideration of the compensation, signs, in a form provided by the Minister,
(a)	a release of any right of action that the claimant may have against Her Majesty arising out of the accident in relation to which the claim is made; and
(b)	an undertaking that the claimant will, when requested to do so by the Minister, cooperate with the Minister, except in a pecuniary manner, in bringing any action, proceeding or appeal that the Minister undertakes against any other person, arising out of the accident in relation to which the claim is made.
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