C-2224162-63Elizabeth II2013-2014An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other ActsNuclear Liability and Compensation ActNuclear Liability and Compensation20196
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N-28.14, s. 1202015[Enacted by section 120 of chapter 4 of the Statutes of Canada, 2015, in force January 1, 2017, see SI/2016-23.][Enacted by section 120 of chapter 4 of the Statutes of Canada, 2015, section 1, the definitions approved insurer, nuclear fuel, nuclear incident, nuclear installation — except for the words “other than in the definition Installation State and subparagraphs 9(1)(b.1)(i) and (b.2)(i) and 9(4)(b)(i) and (c)(i) of the English version” — nuclear material, nuclear reactor, operator, radioactive products or waste and Tribunal in section 2, sections 3 to 8, paragraph 9(1)(a), subparagraphs 9(1)(b)(i) and (ii), paragraph 9(1)(c) — except when the combination is in relation to materials referred to in subparagraph 9(1)(b)(iii) or (iv) or paragraph 9(1)(b.1) or (b.2) — subsections 9(2) and (3), sections 10 to 18, 20 and 22 to 26, subsections 27(1) and (4), sections 28 to 33, subsections 34(1), (2) and (6), sections 35 to 40, subsections 41(1) and (2), sections 42 to 49 and 51 to 67, subsections 68(1) and (3), sections 69, 70 and 77, paragraphs 78(a), (b), (e) and (f) and sections 79 and 80 in force January 1, 2017, see SI/2016-23.][The definitions Contracting State, Convention, Installation State, the words “other than in the definition Installation State and subparagraphs 9(1)(b.1)(i) and (b.2)(i) and 9(4)(b)(i) and (c)(i) of the English version” in the definition nuclear installation and the definition public funds in section 2, subparagraphs 9(1)(b)(iii) and (iv), paragraphs 9(1)(b.1) to (c) — when the combination is in relation to materials referred to in subparagraph 9(1)(b)(iii) or (iv), paragraph 9(1)(b.1) or (b.2) — subsections 9(4) to (6), sections 19 and 21, subsections 27(2) and (3), 34(3) to (5) and 41(3), section 50, subsection 68(2), sections 71 to 76 and paragraphs 78(c) and (d) in force January 1, 2017, see SI/2016-23.]Short Title
Short titleThis Act may be cited as the Nuclear Liability and Compensation Act.
Interpretation
DefinitionsThe following definitions apply in this Act.approved insurer means an insurer or association of insurers that is designated under section 29 as an approved insurer. (assureur agréé)Contracting State means a State that has ratified, accepted or approved the Convention in accordance with its Article XVIII or that has acceded to it in accordance with its Article XIX. (État contractant)Convention means the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997 and signed by Canada on December 3, 2013, as amended from time to time. (Convention)Installation State means a Contracting State within whose territory is situated a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention or, if the nuclear installation is not within the territory of a Contracting State, the Contracting State by which or under whose authority the nuclear installation is operated. (État où se trouve l’installation)nuclear fuel means material that is capable of a self-sustaining nuclear fission chain reaction. (combustible nucléaire)nuclear incident means an occurrence or a series of occurrences having the same origin that causes damage for which an operator is liable under this Act. (accident nucléaire)nuclear installation means, other than in the definition Installation State and subparagraphs 9(1)(b.1)(i) and (b.2)(i) and 9(4)(b)(i) and (c)(i) of the English version, any site or means of transport that is designated under section 7 as a nuclear installation. (établissement nucléaire)nuclear material meansnuclear fuel, other than natural uranium or depleted uranium, that can produce energy by a self-sustaining nuclear fission chain reaction outside a nuclear reactor, either alone or in combination with another material; andradioactive products or waste, other than radioisotopes that have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial or industrial purpose. (matière nucléaire)nuclear reactor means a structure containing nuclear fuel arranged such that a self-sustaining nuclear fission chain reaction can occur in the structure without an additional source of neutrons. (réacteur nucléaire)operator means a person who is designated by a regulation made under section 7 as an operator. (exploitant)public funds means an amount that Contracting States must contribute when a call for funds is made under Article VII.1 of the Convention. (fonds publics)radioactive products or waste meansradioactive material that is produced in the production or use of nuclear fuel other than natural uranium or depleted uranium; ormaterial that is made radioactive by exposure to radiation consequential on or incidental to the production or use of nuclear fuel other than natural uranium or depleted uranium. (produit ou déchet radioactif)Tribunal means a nuclear claims tribunal established under subsection 41(1). (Tribunal)
Purpose of Act
Civil liability and compensationThe purpose of this Act is to govern civil liability and compensation for damage in case of a nuclear incident.
Designation of Minister
MinisterThe Governor in Council may, by order, designate a minister of the Crown to be the Minister referred to in this Act.
Non-Application
Non-application — war, etc.This Act does not apply to a nuclear incident that results from an act of war, hostilities, civil war or insurrection, other than a terrorist activity as defined in subsection 83.01(1) of the Criminal Code.Non-application — damage to nuclear installationThis Act does not apply to damage to the nuclear installation of an operator who is responsible for that damage or to any property at the installation that is used in connection with the installation, including property under construction.
Her Majesty
Binding on Her MajestyThis Act is binding on Her Majesty in right of Canada or a province.
Designation of Nuclear Installations and Operators
Designation of nuclear installationsThe Governor in Council may, on the Minister’s recommendation and after consultation with the Canadian Nuclear Safety Commission, designate by regulation any site at which is located a facility or facilities that are authorized by a licence issued under the Nuclear Safety and Control Act and that contain nuclear material as a nuclear installation.Description of site and designation of operatorThe regulation must describe the site, list the facilities on it that are authorized to contain nuclear material and designate the holder of a licence described in subsection (1) as the operator of the nuclear installation.Coming into forceThe regulation may be made before a licence has been issued, but it must not come into force before the day on which the licence is issued.Designation of means of transportThe Governor in Council may, on the Minister’s recommendation and after consultation with the Canadian Nuclear Safety Commission, designate by regulation any means of transport that is equipped with a nuclear reactor as a nuclear installation and designate by regulation the holder of a licence issued under the Nuclear Safety and Control Act respecting that means of transport as the operator of the nuclear installation.
Liability for Nuclear IncidentsOperator’s Liability
LimitationAn operator is not liable for damage that is caused by a nuclear incident except for any liability that is provided for under this Act.
Liability — CanadaAn operator — and no person other than an operator — is liable for damage that is caused within Canada or its exclusive economic zone byionizing radiation emitted from any source of radiation within, or released from, the operator’s nuclear installation;ionizing radiation emitted from nuclear material being transportedfrom the operator’s nuclear installation until it is placed in another nuclear installation or until liability is assumed by the operator of that other nuclear installation, under the terms of a written contract,[Repealed, 2015, c. 4, s. 121]from the operator’s nuclear installation to a person who is within the territory of a State that is not a Contracting State until it is unloaded from the means of transport by which it arrived in that State, orwith the operator’s written consent, from a person who is within the territory of a State that is not a Contracting State to the operator’s installation, from the time that it is loaded on the means of transport by which it is to be carried from that State;ionizing radiation emitted from nuclear material being transported from the operator’s nuclear installationbefore liability is assumed under the terms of a written contract, by a person who is within the territory of a Contracting State other than Canada and who is designated or recognized under the laws of that State as operating a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention, orin the absence of a contract, before that person takes charge of the nuclear material;ionizing radiation emitted from nuclear material being transported to the operator’s nuclear installationafter liability is assumed by the operator under the terms of a written contract, from a person who is within the territory of a Contracting State other than Canada and who is designated or recognized under the laws of that State as operating a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention, orin the absence of a contract, after the operator takes charge of the nuclear material; ora combination of the radioactive properties and toxic, explosive or other hazardous properties of a source referred to in paragraph (a) or nuclear material referred to in paragraph (b), (b.1) or (b.2).Preventive measure — liability in CanadaAn operatorand no person other than an operator — is liable for damage that is caused within Canada or its exclusive economic zone if the damage is caused by a preventive measure that is taken under subsection — 20(1) in relation to that operator’s nuclear installation or in relation to any transportation for which the operator is responsible.[Repealed, 2015, c. 4, s. 121]Additional liability — Contracting State other than CanadaAn operator — and no person other than an operator — is liable for damage that is caused within a Contracting State other than Canada or within that State’s exclusive economic zone byionizing radiation emitted from any source of radiation within, or released from, the operator’s nuclear installation;ionizing radiation emitted from nuclear material being transported from the operator’s nuclear installationbefore liability is assumed, under the terms of a written contract, by a person who is within the territory of the Contracting State other than Canada and who is designated or recognized under the laws of that State as operating a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention, orin the absence of a contract, before that person takes charge of the nuclear material;ionizing radiation emitted from nuclear material being transported to the operator’s nuclear installationafter liability is assumed by the operator, under the terms of a written contract, from a person who is within the territory of the Contracting State other than Canada and who is designated or recognized under the laws of that State as operating a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention, orin the absence of a contract, after the operator takes charge of the nuclear material; ora combination of the radioactive properties and toxic, explosive or other hazardous properties of a source referred to in paragraph (a) or nuclear material referred to in paragraph (b) or (c).Preventive measure — liability in Contracting State other than CanadaAn operator — and no person other than an operator —  is liable for any damage that is caused within a Contracting State other than Canada or within that State’s exclusive economic zone if the damage is caused by a preventive measure that is taken under subsection 21(1) in relation to that operator’s nuclear installation or in relation to any transportation for which the operator is responsible.Additional liability — transportation to or from non-contracting StateAn operator — and no person other than an operator — is liable for damage that is caused within a Contracting State other than Canada or within that State’s exclusive economic zone byionizing radiation emitted from nuclear material being transportedfrom the operator’s nuclear installation to a person who is within the territory of a State that is not a Contracting State until it is unloaded from the means of transport by which it arrived in that State; orwith the operator’s written consent, from a person who is within the territory of a State that is not a Contracting State to the operator’s nuclear installation, from the time it is loaded on the means of transport by which it is to be carried from that State; ora combination of the radioactive properties and toxic, explosive or other hazardous properties of nuclear material referred to in paragraph (a).2015, c. 4, ss. 120 “9”, 121
Absolute liabilityThe liability of an operator for damage that is caused by a nuclear incident is absolute.Tort or faultFor the purposes of subsection (1), no proof of tort or of fault within the meaning of the Civil Code of Québec is required.
Liability — jointly and severally, or solidarilyIf liability under this Act is incurred by two or more operators, each is jointly and severally, or solidarily, liable to the extent that it cannot reasonably be determined what portion of the liability is attributable to each operator.
Person responsible for nuclear incidentAn operator is not liable for damage that is suffered by a person if that person intentionally caused the nuclear incident wholly or partly by an act or omission or under circumstances amounting to gross negligence or, in Quebec, gross fault.
No recourseIn respect of damage that is caused by a nuclear incident, an operator has no right of recourse against any person other than an individual who intentionally caused the nuclear incident by an act or omission.
Compensable Damage
Bodily injury or damage to propertyBodily injury or death and damage to property that are caused by a nuclear incident are compensable.
Psychological traumaPsychological trauma that is suffered by a person is compensable if it results from bodily injury to that person that was caused by a nuclear incident.
Liability for economic lossEconomic loss that is incurred by a person as a result of their bodily injury or damage to their property and that is caused by a nuclear incident, or psychological trauma that results from that bodily injury, is compensable.
Costs and wagesThe costs that are incurred by a person who loses the use of property as a result of a nuclear incident and the resulting wage loss by that person’s employees are compensable.Power failureIf a nuclear incident occurs at a nuclear installation that generates electricity, the costs resulting from a failure of the installation to provide electricity are not compensable under subsection (1).
Environmental damage — CanadaReasonable costs of remedial measures that are taken to repair, reduce or mitigate environmental damage that is caused by a nuclear incident are compensable if the measures are ordered by an authority acting under federal or provincial legislation relating to environmental protection.
Environmental damage — Contracting State other than CanadaUnless the damage is insignificant, reasonable costs of remedial measures that are taken to repair, reduce or mitigate environmental damage that is caused by a nuclear incident are compensable if the measures are ordered by an authority of a Contracting State other than Canada acting under the laws of that State relating to environmental protection.
Preventive measures — CanadaIf an authority — acting under a nuclear emergency scheme established under federal or provincial legislation — has recommended that measures be taken in a specified area to prevent damage, the following costs and losses of persons who live in, carry on business in, work in or are present in the area are compensable:the reasonable costs of the measures; andthe costs and economic loss — including lost wages — arising from the loss of use of property.Non-applicationFor greater certainty, any federal, provincial or municipal authority, or any of its agencies, that establishes or implements a nuclear emergency scheme is not to be compensated under subsection (1).
Preventive measures — Contracting State other than CanadaIf an authority — acting under an emergency scheme established under the laws of a Contracting State other than Canada — has recommended that, because of grave and imminent danger of damage, measures be taken in a specified area to prevent such damage, the following costs and losses of persons who live in, carry on business in, work in or are present in the area are compensable:the reasonable costs of the measures; andthe costs and economic loss — including lost wages — arising from the loss of use of property.Non-applicationFor greater certainty, any authority, or any of its agencies, that establishes or implements a nuclear emergency scheme is not to be compensated under subsection (1).
Damage attributable to concomitant nuclear incidentsAny damage resulting from a nuclear incident and any concomitant non-nuclear incident is deemed to be damage that is caused by the nuclear incident to the extent that it cannot be identified as having been caused only by the non-nuclear incident.
Damage to means of transport, structure or siteIf a nuclear incident occurs during the transportation of nuclear material to or from a nuclear installation, or any storage incidental to the transportation, damage to the means of transport or the structure or site where the nuclear material is stored is not compensable under this Act.
Financial Provisions
Limit of operator’s liabilityThe liability of an operator under this Act for damage resulting from a nuclear incident is limited to$650 million for a nuclear incident arising within one year after the day on which this paragraph comes into force;$750 million for a nuclear incident arising within one year after the year referred to in paragraph (a);$850 million for a nuclear incident arising within one year after the year referred to in paragraph (b); and$1 billion for a nuclear incident arising after the year referred to in paragraph (c).Amendment to amount of liabilityThe Governor in Council may, by regulation,amend subsection (1) to increase any amount of liability; orreduce the amount of liability applicable to an operator of a nuclear installation, or operators of a class of nuclear installations, having regard to the nature of the installation and the nuclear material contained in it.ClarificationSubsection (1) does not relieve an operator from payment of the costs of administering claims, court costs or interest on compensation.
Liability — transportationIf a nuclear incident occurs during the transportation of nuclear material or storage incidental to the transportation and more than one operator is liable for the damage that is caused by that nuclear incident, the total liability of those operators is limited to the amount referred to in subsection 24(1) in relation to one operator.
Review by MinisterThe Minister must review the limit of liability, referred to in subsection 24(1), on a regular basis and at least once every five years.CriteriaIn carrying out the review, the Minister must have regard tochanges in the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act;financial security requirements under international agreements respecting nuclear liability; andany other considerations that the Minister considers relevant.
Operator’s obligationAn operator, other than a department listed in Schedule I to the Financial Administration Act, must maintain, for each of the operator’s nuclear installations, financial security to compensate persons who suffer damage that is caused by a nuclear incident in an amount that is equal to the amount referred to in subsection 24(1) or, if the operator is subject to a regulation made under paragraph 24(2)(b), the amount set out in that regulation.Foreign operator’s obligation — transporting nuclear material within CanadaThe Minister may require an operator, as defined in Article 1.I(d) of the Annex to the Convention but who is not an operator as defined in section 2 of this Act, and who is transporting nuclear material within Canada to maintain financial security in an amount prescribed by regulation but not more than the amount referred to in subsection 24(1) to compensate persons who suffer damage that is caused by a nuclear incident.Non-applicationSubsection (2) does not applyto transport by sea if, under international law, there is a right of entry into a Canadian port in a case of distress, or if there is a right of innocent passage through Canadian territory; andto transport by air if, under an agreement to which Canada is a party or under international law, there is a right to fly over or land on Canadian territory.Use of financial securityThe financial security is not to be used by an operator referred to in subsection (1) to pay their costs of administering claims, court costs, legal fees or interest on compensation.
InsuranceThe financial security is to be in the form of insurance with an approved insurer, containing only the terms and conditions set out in a standard insurance policy that is approved by the Minister.Alternate financial securityThe Minister may enter into an agreement with the operator that authorizes that a portion of the financial security be an alternate financial security.Maximum amount of financial securityThe amount of the alternate financial security must not, unless another percentage has been fixed by regulation, exceed 50% of the operator’s liability that is applicable under section 24.Terms of agreementThe agreement must identify the financial instrument being used as the alternate financial security, specify its dollar value and set out any conditions that the Minister considers appropriate, including a requirement that the operator submit reports or allow the Minister to undertake financial audits in respect of the security or that the operator pay a fee for the authorization of the security or for the audits.Amendment or revocationThe Minister may amend the conditions of an agreement or revoke an agreement.
Approved insurerThe Minister may, subject to any terms and conditions that he or she may impose, designate as an approved insurer any insurer or association of insurers that, in his or her opinion, is qualified to fulfill the obligations of an approved insurer under this Act.
Suspension or cancellationAn approved insurer or any provider of an alternate financial security referred to in subsection 28(2) may suspend or cancel an operator’s insurance or alternate financial security only if written notice is given to the Minister at least two months before the suspension or cancellation, but, if the insurance or security relates to the transportation of nuclear material, the cancellation or suspension is not to take effect during the period of transportation to which it relates.
Indemnity agreements — general ruleThe Minister may enter into an indemnity agreement with an operator under which Her Majesty in right of Canada covers any risks that, in the Minister’s opinion, would not be assumed by an approved insurer.Indemnity agreements — operator subject to regulation made under paragraph 24(2)(b)If the nuclear damage is caused by an operator who is subject to a regulation made under paragraph 24(2)(b) and that damage exceeds that operator’s liability under that regulation, the indemnity agreement may also provide that Her Majesty in right of Canada must cover that operator for the difference between the operator’s liability under the regulation and the liability of any other operator under subsection 24(1). Despite the indemnity agreement, the operator remains liable for the damage.FeesAny indemnity agreement may provide for the payment of fees to Her Majesty in right of Canada.Tabling of agreementsThe Minister must cause a copy of each indemnity agreement that is entered into under this section to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the agreement is entered into.
Nuclear Liability AccountThe Nuclear Liability Reinsurance Account, established in the accounts of Canada under the Nuclear Liability Act, is continued as the Nuclear Liability Account to which are to becredited all amounts received by Her Majesty in right of Canada as fees under an indemnity agreement; andcharged all amounts that are payable by Her Majesty in right of Canada under an indemnity agreement.Advances to account out of C.R.F.If the amount standing to the credit of the Nuclear Liability Account is insufficient for the payment of the amounts that are required under the terms of an indemnity agreement, an amount that is sufficient to meet the deficit is, with the Minister of Finance’s approval, to be paid from the Consolidated Revenue Fund and credited to the Nuclear Liability Account.
Preservation of Certain Rights and Obligations
Certain rights and obligations not limitedNothing in this Act is to be construed as limiting any right or obligation arising underany contract of insurance;any scheme or system of health insurance, employees’ compensation or occupational disease compensation; andany survivor or disability provision of a pension plan.
Judicial Proceedings
Where action is to be broughtAn action involving damage that is caused by a nuclear incident is to be brought in the court in Canada that has jurisdiction in the place where the incident occurs.Federal Court jurisdictionThe Federal Court has jurisdiction if the nuclear incident occursin more than one province;partly within a province and partly within Canada’s exclusive economic zone; orwithin Canada’s exclusive economic zone.Additional jurisdiction of Federal CourtIf the nuclear incident occurs outside the territory or the exclusive economic zone of any Contracting State, or the place where the nuclear incident occurred cannot be determined with certainty, the Federal Court has jurisdiction if the nuclear incident is caused by an operator.Concurrent jurisdictionIf a court of a Contracting State other than Canada has concurrent jurisdiction for a claim or action for damage under this Act, Canada and the other Contracting State must determine, by agreement, which court is to have exclusive jurisdiction.Recognition of foreign judgmentsA court of competent jurisdiction in Canada must, as soon as feasible on receipt of an application, recognize and enforce a judgment of a court of a Contracting State other than Canada that, in addition to meeting the criteria under Canadian law for being recognized in Canada, is rendered in accordance with the Convention.Restriction on jurisdictionExcept as provided in this Act, no court in Canada and no tribunal has jurisdiction to entertain any application or grant any relief or remedy relating to damage that occurs outside Canada or its exclusive economic zone.
Limitation on bringing actions and claimsAn action or claim must be brought within three yearsin the case of an action or claim for loss of life, after the day on which the person bringing the action or making the claim had knowledge or ought reasonably to have had knowledge of both the loss of life and the identity of the operator who is responsible for the loss of life;in the case where conclusive evidence of the loss of life is not available, after the day on which both an order presuming the person to be dead is made by a court having jurisdiction and the person bringing the action or making the claim had knowledge or ought reasonably to have had knowledge of the identity of the operator who is responsible for the presumed loss of life; andin any other case, after the day on which the person bringing the action or making the claim had knowledge or ought reasonably to have had knowledge of both the damage and the identity of the operator who is responsible for the damage.Absolute limitNo action or claim is to be broughtin relation to bodily injury or death, 30 years after the day on which the nuclear incident to which the action or claim relates occurred; andin any other case, 10 years after the day on which the nuclear incident to which the action or claim relates occurred.ExceptionDespite subsection (2), if the damage is the result of a nuclear incident involving nuclear material that was, at the time of the nuclear incident, lost, stolen, jettisoned or abandoned, no action or claim is to be brought 20 years after the day on which the loss, theft, jettison or abandonment occurred.Extension of periodThe Governor in Council may, by regulation, extend the period set out in subsection (1).
Nuclear Claims TribunalGovernor in Council’s Declaration
DeclarationThe Governor in Council may declare that claims in respect of a nuclear incident are to be dealt with by a Tribunal, if he or she believes that it is in the public interest to do so, having regard to the extent and the estimated cost of the damage, and the advantages of having the claims dealt with by an administrative tribunal.PublicationThe declaration is not a statutory instrument for the purposes of the Statutory Instruments Act, but it must be published, without delay, in the Canada Gazette, Part II.
Effect of declarationSection 34 ceases to apply in respect of a nuclear incident on the day on which a declaration is made under subsection 36(1), and any proceedings brought or taken before the declaration is made are discontinued.New jurisdictionAny claims that could have been made before the declaration is made are, after the day on which it is made, only to be brought before the Tribunal.
Report to Parliament
Report on nuclear incidentThe Minister must, without delay, after a declaration is made under subsection 36(1), cause a report estimating the cost of the indemnification for the damage arising from a nuclear incident to be laid before each House of Parliament.
Interim Financial Assistance
Interim financial assistanceDuring the period that begins when a declaration is made under subsection 36(1) and ends when the notice is published under subsection 42(2), the Minister may pay interim financial assistance to persons who, in the Minister’s opinion, have suffered damage as a result of the nuclear incident to which the declaration relates. The Minister must inform the Tribunal of the names of those persons and the amounts paid.Maximum amountThe maximum amount that is to be paid under subsection (1) must not exceed 20% of the difference betweenthe amount set out in subsection 24(1), andthe total amounts that are paid by the operator, before the declaration is made under subsection 36(1), to compensate persons for damage arising from the nuclear incident.
Power to make agreementsThe Minister may enter into an agreement with any person, association of insurers or province for the carrying out of the Minister’s duties or functions by that person, association of insurers or province in relation to the payment of interim financial assistance.
Establishment of a Nuclear Claims Tribunal
Tribunal’s establishmentThe Governor in Council must, as soon as feasible after a declaration is made under subsection 36(1), establish a nuclear claims Tribunal and designate the location of its head office in Canada.PurposeThe Tribunal’s purpose is to examine and adjudicate claims for damage arising from the nuclear incident as expeditiously as the circumstances and considerations of fairness permit.Claims treated equitablyThe Tribunal must carry out its duties and functions with respect to claims for damage in an equitable manner, without discrimination on the basis of nationality or residence.
Public noticeThe Tribunal must notify the public, in a manner that it considers appropriate, of the details of its purpose and how to obtain information on bringing a claim.PublicationA notice of the Tribunal’s purpose and how to obtain information on bringing a claim must also be published, without delay, in the Canada Gazette.
Members of TribunalThe Governor in Council must appoint a minimum of five persons to the Tribunal, one of whom is to be designated as the chairperson.Members’ qualificationsA majority of the members of the Tribunal are to be appointed from among persons who are sitting or retired judges of a superior court or members of at least 10 years’ standing at the bar of a province or the Chambre des notaires du Québec.RemunerationThe members are to be paid the remuneration and expenses fixed by the Governor in Council.
Term of officeEach member of the Tribunal is to be appointed to hold office during good behaviour for a term that the Governor in Council considers appropriate and may be removed for cause.
ImmunityNo civil proceedings lie against any member of the Tribunal for anything done or omitted to be done by the member in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Tribunal.
Tribunal’s staffThe Tribunal may employ the staff that it considers necessary for the proper conduct of its duties or functions, prescribe their duties and, subject to any regulations, their terms and conditions of employment and, with the approval of the Treasury Board, fix and pay their remuneration.
Technical or specialized knowledgeThe Tribunal may engage, on a temporary basis, the services of counsel and other persons having technical or specialized knowledge to assist the Tribunal in its work, establish the terms and conditions of their employment and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.
InconsistencyIn the event of an inconsistency between a provision of the Judges Act and any provision of this Act that is applicable to a sitting or retired judge, the Judges Act prevails to the extent of the inconsistency.
Tribunal’s Powers and Duties
HearingsThe Tribunal is to hold its hearings in Canada at the times and locations that it considers appropriate.
IntervenorThe Attorney General of Canada and the competent authority of any other Contracting State may intervene in proceedings that are before the Tribunal.
Powers — witnesses and documentsThe Tribunal has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters that are necessary or proper for the due exercise of its jurisdiction, all of the powers, rights and privileges that are vested in a superior court.Evidence at hearingsThe Tribunal is not, in the hearing of any claim, bound by the legal rules of evidence, but it must not receive as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.Foreign evidenceThe Tribunal may issue commissions to take evidence outside Canada and may make orders for that purpose and for the return and use of the evidence so obtained.
ExaminationsThe Tribunal may require persons claiming compensation to undergo medical or other examinations that are, in the Tribunal’s opinion, reasonably necessary to enable it to determine their claims.
Frivolous or vexatious claimsThe Tribunal may refuse to hear any claim referred to it that it considers to be frivolous or vexatious.
Report on Tribunal’s activitiesThe Tribunal must, at the Minister’s request, submit to him or her a report on its activities. The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it.
RulesThe Tribunal may make any rules that it considers necessary for the exercise of its powers and the performance of its duties and functions, including rules respectingprocedures for bringing claims;the form and manner in which evidence is to be submitted;a quorum;procedures that claims officers are to follow in dealing with claims;fees and travel expenses that are to be paid to witnesses;the allowance of costs; andappeals and rehearings.
Claims
PanelsThe chairperson may establish panels of the Tribunal consisting of one or more members to hear claims.Claims officerThe Tribunal may, in order to process claims expeditiously, establish classes of claims that may be determined by the claims officer without an oral hearing and designate as a claims officer anyone that it considers qualified.Powers and dutiesA panel or claims officer must exercise the powers and perform the duties and functions of the Tribunal with respect to claims that are before that panel or claims officer.
NoticeThe chairperson must assign a claim to a panel or claims officer and notify the claimant, the operator and the Minister of the assignment.
Public hearingsPanel hearings are to be held in public. However, a panel may hold all or part of a hearing in private if, in its opinion, a person’s privacy interest outweighs the principle that hearings be open to the public.
Interim award of compensationThe Tribunal may award interim compensation in respect of a claim that is heard by it before it makes a decision with respect to the claim.PaymentThe Tribunal must inform the Minister of the amount of the interim compensation awarded, and the Minister must pay that amount to the claimant.
Notice — decisionThe Tribunal must notify the claimant and the operator of its decision with respect to the claim.Awards of compensationIf the Tribunal decides to award compensation in respect of a claim, the notification must also be sent to the Minister and must indicatethe amount of the award;any reduction in that amount applicable under the regulations; andany amounts that have already been paid with respect to the claim in accordance with this Act.Costs and interestThe amount of the award must not include any costs awarded to the claimant in any proceeding that is before the Tribunal or any interest payable on that award.
Rehearing and Appeal
Rehearing of claims officer’s decisionA claimant or operator who is dissatisfied with a claims officer’s decision may, within 30 days after receiving notification of the decision, apply to the Tribunal for a rehearing by a panel.
AppealIf a claim has been heard by a panel that consists of fewer than three members, the claimant or operator may, within 30 days after receiving notification of the decision, apply in writing to the chairperson for leave to appeal.Hearing of appealThe appeal is to be heard and decided by a panel consisting of three other members.DecisionThe appeal is to be heard on the basis of the record of the panel whose decision is appealed and on the submissions of interested parties. The panel hearing the appeal may, in exceptional circumstances, if, in its opinion, it is essential in the interests of justice to do so, admit additional evidence or testimony.
Judicial reviewSubject to sections 61 and 62, every decision of the Tribunal is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
Financial Provisions
Payment of awardsAt the end of the period to apply for a rehearing or make an appeal, the Minister must pay to the claimant the amount of the award less the total of the amounts referred to in paragraphs 60(2)(b) and (c).
Recovery of overpaymentAny overpayment is a debt that is due to Her Majesty in right of Canada and may be recovered in accordance with section 155 of the Financial Administration Act.
Payments out of Nuclear Liability AccountAll payments made by the Minister are to be paid out of the Nuclear Liability Account.Advances to account out of C.R.F.If the amount standing to the credit of the Nuclear Liability Account is insufficient for the payment of the amounts that are required, an amount that is sufficient to meet the deficit is, with the Minister of Finance’s approval, to be paid from the Consolidated Revenue Fund and credited to the Nuclear Liability Account.
Operator’s liability to Her MajestyWhen a declaration is made under subsection 36(1), the operator who is liable for the damage that is caused by a nuclear incident must pay to Her Majesty in right of Canada an amount that is equal to the lesser ofthe amount set out in subsection 24(1) —  or, if the operator is subject to a regulation made under paragraph 24(2)(b), the amount set out in that regulation — less the total amounts that were paid by the operator to compensate persons for damage arising from the nuclear incident before the declaration under subsection 36(1) is made, andthe total of all amounts that are paid by the Minister under section 64.Failure to payIf the operator fails to pay any amount that is due, it must be paid to Her Majesty in right of Canada bythe approved insurer, for the financial security that is in the form of insurance; orthe issuer of the financial instrument, for alternate financial security.Amount paid by operator, approved insurer or issuer of securityThe operator, the approved insurer or the issuer of the financial instrument, as the case may be, must pay to Her Majesty in right of Canada, at the Minister’s request, any amount that is specified in the request.LimitationThe total amount that is requested by the Minister under subsection (3) in respect of any year must not be more than the total amount that is paid by the Minister under section 39, subsection 59(2) and section 64.Debt due to CrownAn amount that is not paid as required under subsection (3) is a debt that is due to Her Majesty in right of Canada and may be recovered in accordance with section 155 of the Financial Administration Act.Nuclear Liability AccountAny amount received by Her Majesty in right of Canada under this section is to be credited to the Nuclear Liability Account.
Limit of paymentsThe Tribunal must not award, in respect of a nuclear incident, an amount that is more than the amount set out in subsection 24(1) less the total of all amounts that are paid by the operator to compensate persons for damage arising from the nuclear incident before the declaration is made under subsection 36(1).Additional funds — public fundsDespite subsection (1), if the Minister makes a call for public funds under subsection 72(1), the Tribunal may award an additional amount of funds that are equal to the amount of public funds that are paid by Contracting States.Further funds — ParliamentIf further funds are appropriated by Parliament to provide compensation for damage arising from the nuclear incident, the Tribunal may award those further funds for the damage.
Changes to reductionsIf a regulation made under paragraph 80(b) is amended, the Tribunal must inform the Minister of any change to applicable reductions that is to the advantage of any claimant who was not fully compensated because of the previous regulation.PaymentThe Minister must pay to the claimant the difference between the amount that has already been paid and the amount that would be paid under the amended regulation.Consideration of new claimsIf a regulation made under paragraph 80(c) is amended, the Tribunal may consider any new claim for which compensation could not be awarded because of the previous regulation.
Reciprocating Agreements
[Repealed, 2015, c. 4, s. 122]
Other International Obligations
Additional liability — call for public fundsWhen a call for public funds is made under subsection 72(1), those funds are to be used to compensate the damage that is suffered, if itoccurs in the territory of a Contracting State;occurs in or above the exclusive economic zone of a Contracting State or on the continental shelf of a Contracting State, and relates to the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf; oroccurs in or above the maritime areas beyond the territorial sea of a Contracting State — on board or by a ship flying the flag of a Contracting State, on board or by an aircraft registered in a Contracting State, on or by an artificial island, on or by an installation or a structure under a Contracting State’s jurisdiction or by a national of a Contracting State.ExceptionThe public funds are not to be used to compensate the damage that is referred to in paragraph (1)(c) if the damage that is suffered occurs in the territorial sea of a non-Contracting State.Preventive measure — liabilityThe public funds may also be used to compensate the damage that is caused in one of the areas referred to in paragraph (1)(a) or (b) by a preventive measure that was taken under subsection 20(1) or 21(1) in relation to the operator’s nuclear installation or in relation to any transportation for which the operator is responsible.Meaning of national of a Contracting StateIn subsection (1), a national of a Contracting State includes any subdivision of the Contracting State and any entity that is established or incorporated in that State.
Financial contribution — call for public funds by CanadaIf in the Minister’s opinion a nuclear incident for which the Tribunal or any other Canadian court has jurisdiction will result, or is likely to result, in compensation for damage that exceeds the amount made available by Canada, under Article III.1(a) of the Convention, and public funds may be necessary to compensate the damages that are caused in one of the areas that are referred to in subsection 71(1), he or she must immediately give notice under Article VI of the Convention to all other Contracting States and, if in his or her opinion public funds are necessary to compensate the damage, he or she must make a call for public funds under Article VII.1 of the Convention.Canada’s contributionWhen the Minister makes a call for public funds, he or she must calculate the amount of public funds that are to be contributed by Canada, in accordance with the formula provided for by regulation.Advances out of C.R.F.If the amount standing to the credit of the Nuclear Liability Account is insufficient for the purposes of subsection (2), an amount that is sufficient to meet the deficit is, with the Minister of Finance’s approval, to be paid from the Consolidated Revenue Fund and credited to the Nuclear Liability Account.Public funds credited to Nuclear Liability AccountThe Minister must have all public funds to be contributed by Canada and other Contracting States, as a result of a call for public funds, credited to the Nuclear Liability Account.Payment from Nuclear Liability AccountWhen an award is final or when a decision concerning an action for damage is final or not subject to an appeal, the public funds that are payable by the Minister to compensate the damages that are caused in one of the areas that are referred to in subsection 71(1) are to be paid out of the Nuclear Liability Account.
Canada’s financial contribution — call for public funds by other Contracting StateWhen a Contracting State other than Canada makes a call for public funds under Article VII.1 of the Convention and if in the Minister’s opinion the claims for compensation cannot be satisfied out of the amount that the Installation State has made available in accord­ance with Article III.1(a) of the Convention, the Minister must, without delay, cause public funds to be paid by Canada to that Contracting State that are calculated in accordance with the formula provided for by regulation.Advances out of C.R.F.If the amount standing to the credit of the Nuclear Liability Account is insufficient for the purposes of subsection (1), an amount that is sufficient to meet the deficit is, with the Minister of Finance’s approval, to be paid from the Consolidated Revenue Fund and credited to the Nuclear Liability Account.Payment from Nuclear Liability AccountAny public funds that are payable are to be paid by the Minister out of the Nuclear Liability Account.
ReimbursementMembers of the nuclear industry who are prescribed by regulations must reimburse the Minister, in the prescribed manner and by the prescribed proportion, for any public funds that were contributed by Canada under section 72 or 73, in accordance with the prescribed formula, within the fiscal year in which the payments are made. The amounts received by the Minister are to be credited to the Nuclear Liability Account.
Recognition of settlements — Contracting State other than CanadaThe Minister must recognize a settlement by a Contracting State other than Canada that is made in accordance with the laws of that Contracting State and that is, in respect of the payment out of public funds, for compensation for the damage to which the Convention applies.
Subrogation — contribution by CanadaIf the public funds that were contributed by Canada under section 72 have been paid by the Minister, the Attorney General of Canada may exercise an operator’s right of recourse under section 13.Subrogation — contribution by Contracting State other than CanadaIf public funds were contributed by a Contracting State other than Canada under Article VII.2 of the Convention, that Contracting State may exercise an operator’s right of recourse under section 13.Subrogation — request of Contracting State other than CanadaThe Attorney General of Canada may, at the request of a Contracting State other than Canada that contributed public funds under Article VII.2 of the Convention, exercise an operator’s right of recourse under section 13 on that Contracting State’s behalf.Denial of request — subrogation by Contracting State other than CanadaIf, despite the request referred to in subsection (3), the Attorney General of Canada does not exercise an operator’s right of recourse under section 13 within three months after that request, the Contracting State may exercise that right.Distribution of public fundsThe Minister must, within a reasonable time, distribute any public funds recovered under subsection (3) to the Contracting States in proportion to the public funds that they contributed.
Offence and Punishment
Failure to maintain financial securityAn operator who contravenes subsection 27(1) or who does not hold financial security in the form and manner required by section 28 commits an offence and is liable on summary conviction to a fine of not more than $300,000 for each day on which the offence is committed or continued.Due diligenceNo operator is to be found guilty of the offence if it is established that the operator exercised due diligence to prevent its commission.
Regulations
Regulations — generalThe Governor in Council may make regulationsfixing another percentage for the purpose of subsection 28(3);prescribing classes of nuclear installations;providing for the formula that is to be used to calculate the amount referred to in subsections 72(2) and 73(1);prescribing the members of the nuclear industry who are required to reimburse the Minister under section 74, and respecting the manner of calculating the amount of those payments and the manner in which those payments are to be made;prescribing any matter or thing that under this Act is to be or may be prescribed; andgenerally, for carrying out the purposes and provisions of this Act.
Regulations — TribunalThe Governor in Council may make regulations respecting the Tribunal, including regulationsprescribing the terms and conditions of appointment of its members;respecting conflict of interest;prescribing the chairperson’s powers and duties;respecting the absence or incapacity of the chairperson or another member; andrespecting the hiring and terms and conditions of employment of claims officers and other employees of the Tribunal.
Regulations — compensationThe Governor in Council may make regulations respecting the compensation that may be awarded by the Tribunal, including regulationsestablishing priorities for classes of damage;reducing awards on a pro rata basis for specified classes of damage and fixing a maximum award within a specified class of damage, for the purposes of paragraph 60(2)(b); andestablishing classes of damage for which compensation is not to be awarded.
(Section 2 and subsections 9(4), 27(2), 72(1), 73(1) and 76(2) and (3))Convention on Supplementary Compensation for Nuclear DamageCertain Articles of the Convention...UndertakingCompensation in respect of nuclear damage per nuclear incident shall be ensured by the following means:the Installation State shall ensure the availability of 300 million SDRs or a greater amount that it may have specified to the Depositary at any time prior to the nuclear incident, or a transitional amount pursuant to subparagraph (ii);a Contracting Party may establish for the maximum of 10 years from the date of the opening for signature of this Convention, a transitional amount of at least 150 million SDRs in respect of a nuclear incident occurring within that period....Notification of Nuclear DamageWithout prejudice to obligations which Contracting Parties may have under other international agreements, the Contracting Party whose courts have jurisdiction shall inform the other Contracting Parties of a nuclear incident as soon as it appears that the damage caused by such incident exceeds, or is likely to exceed, the amount available under Article 111.1 (a) and that contributions under Article 111.1 (b) may be required. The Contracting Parties shall without delay make all the necessary arrangements to settle the procedure for their relations in this connection.Call for FundsFollowing the notification referred to in Article VI, and subject to Article X.3, the Contracting Party whose courts have jurisdiction shall request the other Contracting Parties to make available the public funds required under Article 111.1 (b) to the extent and when they are actually required and shall have exclusive competence to disburse such funds.Independently of existing or future regulations concerning currency or transfers, Contracting Parties shall authorize the transfer and payment of any contribution provided pursuant to Article III.1 (b) without any restriction.List of Nuclear InstallationsEach Contracting State shall, at the time when it deposits its instrument of ratification, acceptance, approval or accession, communicate to the Depositary a complete listing of all nuclear installations referred to in Article IV.3. The listing shall contain the necessary particulars for the purpose of the calculation of contributions.Each Contracting State shall promptly communicate to the Depositary all modifications to be made to the list. Where such modifications include the addition of a nuclear installation, the communication must be made at least three months before the expected date when nuclear material will be introduced into the installation.If a Contracting Party is of the opinion that the particulars, or any modification to be made to the list communicated by a Contracting State pursuant to paragraphs 1 and 2, do not comply with the provisions, it may raise objections thereto by addressing them to the Depositary within three months from the date on which it has received notice pursuant to paragraph 5. The Depositary shall forthwith communicate this objection to the State to whose information the objection has been raised. Any unresolved differences shall be dealt with in accordance with the dispute settlement procedure laid down in Article XVI.The Depositary shall maintain, update and annually circulate to all Contracting States the list of nuclear installations established in accordance with this Article. Such list shall consist of all the particulars and modifications referred to in this Article, it being understood that objections submitted under this Article shall have effect retrospective to the date on which they were raised, if they are sustained.The Depositary shall give notice as soon as possible to each Contracting Party of the communications and objections which it has received pursuant to this Article....Ratification, Acceptance, ApprovalThis Convention shall be subject to ratification, acceptance or approval by the signatory States. An instrument of ratification, acceptance or approval shall be accepted only from a State which is a Party to either the Vienna Convention or the Paris Convention, or a State which declares that its national law complies with the provisions of the Annex to this Convention, provided that, in the case of a State having on its territory a nuclear installation as defined in the Convention on Nuclear Safety of 17 June 1994, it is a Contracting State to that Convention.The instruments of ratification, acceptance or approval shall be deposited with the Director General of the International Atomic Energy Agency who shall act as the Depositary of this Convention.A Contracting Party shall provide the Depositary with a copy, in one of the official languages of the United Nations, of the provisions of its national law referred to in Article II.1 and amendments thereto, including any specification made pursuant to Article III. I (a), Article XI.2, or a transitional amount pursuant to Article III.1 (a)(ii). Copies of such provisions shall be circulated by the Depositary to all other Contracting Parties.Accession After its entry into force, any State which has not signed this Convention may accede to it. An instrument of accession shall be accepted only from a State which is a Party to either the Vienna Convention or the Paris Convention, or a State which declares that its national law complies with the provisions of the Annex to this Convention, provided that, in the case of a State having on its territory a nuclear installation as defined in the Convention on Nuclear Safety of 17 June 1994, it is a Contracting State to that Convention.The instruments of accession shall be deposited with the Director General of the International Atomic Energy Agency.A Contracting Party shall provide the Depositary with a copy, in one of the official languages of the United Nations, of the provisions of its national law referred to in Article II.1 and amendments thereto, including any specification made pursuant to Article III.1 (a), Article XI.2, or a transitional amount pursuant to Article III.1 (a)(ii). Copies of such provisions shall be circulated by the Depositary to all other Contracting Parties.Portions of the Annex to the ConventionDefinitionsIn addition to the definitions in Article I of this Convention, the following definitions apply for the purposes of this Annex:...Nuclear Installation means:any nuclear reactor other than one with which a means of sea or air transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose;any factory using nuclear fuel for the production of nuclear material, or any factory for the processing of nuclear material, including any factory for the re-processing of irradiated nuclear fuel; andany facility where nuclear material is stored, other than storage incidental to the carriage of such material;provided that the Installation State may determine that several nuclear installations of one operator which are located at the same site shall be considered as a single nuclear installation....Operator, in relation to a nuclear installation, means the person designated or recognized by the Installation State as the operator of that installation.