An Act relating to the development and utilization of nuclear energyNuclear Energy ActNuclear Energy201301

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A-16Preamble [Repealed, 1997, c. 9, s. 88]SHORT TITLE

Short title1.This Act may be cited as the Nuclear Energy Act.

• R.S., 1985, c. A-16, s. 1;
• 1997, c. 9, s. 89.

INTERPRETATION

Definitions2.In this Act,atomic energy[Repealed, 1997, c. 9, s. 90]Board[Repealed, 1997, c. 9, s. 90]companycompagniecompany means a company incorporated or acquired pursuant to subsection 10(2) of the Atomic Energy Control Act, chapter A-19 of the Revised Statutes of Canada, 1970;member[Repealed, 1997, c. 9, s. 90]MinisterministreMinister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;nuclear energyénergie nucléairenuclear energy has the meaning assigned to that expression by section 2 of the Nuclear Safety and Control Act;nuclear substancesubstance nucléairenuclear substance has the meaning assigned to that expression by section 2 of the Nuclear Safety and Control Act.prescribed substances[Repealed, 1997, c. 9, s. 90]President[Repealed, 1997, c. 9, s. 90]

• R.S., 1985, c. A-16, s. 2;
• 1997, c. 9, s. 90.

3. to 9.[Repealed, 1997, c. 9, s. 91]

POWERS OF MINISTER

Powers of Minister10.(1)The Minister may(a)undertake or cause to be undertaken research and investigations with respect to nuclear energy;(b)with the approval of the Governor in Council, utilize, cause to be utilized and prepare for the utilization of nuclear energy;(c)with the approval of the Governor in Council, acquire or cause to be acquired, by purchase, lease, requisition or expropriation, nuclear substances and any mines, deposits or claims of nuclear substances and patent rights relating to nuclear energy and any works or property for production or preparation for production of, or for research or investigations with respect to, nuclear energy; and(d)with the approval of the Governor in Council, license or otherwise make available or sell or otherwise dispose of discoveries and inventions relating to, and improvements in processes, apparatus or machines used in connection with, nuclear energy and patent rights acquired under this Act and collect royalties and fees on and payments for those licences, discoveries, inventions, improvements and patent rights.Exception(2)No interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be expropriated under subsection (1) without the approval of the Governor in Council.Exception(3)No interest in Tetlit Gwich’in Yukon land may be expropriated under subsection (1) without the approval of the Governor in Council.Notice of intention(4)Where an interest in land referred to in subsection (2) or (3) is to be expropriated,(a)a public hearing in respect of the location and extent of the land to be expropriated shall be held in accordance with the following procedure:(i)notice of the time and place for the public hearing shall be given to the Yukon first nation or Gwich’in Tribal Council and the public,(ii)at the time and place fixed for the public hearing, an opportunity shall be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard,(iii)costs incurred by any party in relation to the hearing are in the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and(iv)a report on the hearing shall be prepared and submitted to the Minister; and(b)notice of intention to obtain the approval of the Governor in Council shall be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report thereon to the Minister.Definition of Tetlit Gwich’in Yukon land(5)In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.

• R.S., 1985, c. A-16, s. 10;
• 1994, c. 43, s. 81;
• 1997, c. 9, ss. 92, 99.

COMPANIES

Shares held in trust11.(1)The shares of the capital stock of a company, except the shares that are necessary to qualify persons other than the Minister as directors, shall be owned or held by the Minister, or by another company, in trust for Her Majesty in right of Canada.Agent of Her Majesty(2)A company that is a Crown corporation within the meaning of subsection 83(1) of the Financial Administration Act is for all its purposes an agent of Her Majesty in right of Canada.(3)[Repealed, 1997, c. 9, s. 93]

• R.S., 1985, c. A-16, s. 11;
• 1997, c. 9, s. 93;
• 2010, c. 12, s. 2147.

Previous Version

GENERAL

12. and 13.[Repealed, 1997, c. 9, s. 94]

Claim for compensation may be referred to Federal Court14.(1)Whenever any property has been requisitioned or expropriated under this Act and the Minister and the owner of the property have not, within such period as the Minister of Justice considers reasonable, agreed on the compensation to be made for the property, the claim for compensation shall be referred by the Minister of Justice to the Federal Court.Exception(2)Subsection (1) does not apply in respect of land described in subsections 10(2) and (3).

• R.S., 1985, c. A-16, s. 14;
• 1994, c. 43, s. 82;
• 1997, c. 9, s. 94.

Expenses15.All expenses under this Act shall be paid out of moneys appropriated by Parliament for the purpose or received by a company through the conduct of its operations or by bequest, donation or otherwise.

• R.S., 1985, c. A-16, s. 15;
• 1997, c. 9, s. 94.

16. and 17.[Repealed, 1997, c. 9, s. 94]

Works and undertakings18.All works and undertakings constructed(a)for the production, use and application of nuclear energy,(b)for research or investigation with respect to nuclear energy, and(c)for the production, refining or treatment of nuclear substances,are, and each of them is declared to be, works or a work for the general advantage of Canada.

• R.S., 1985, c. A-16, s. 18;
• 1997, c. 9, ss. 95, 99.

19.(1)[Repealed, 1997, c. 9, s. 96]Idem(2)Every director and every officer and employee of a company shall, before acting as such, take before a justice of the peace or a commissioner for taking affidavits an oath of fidelity and secrecy in the form set out in Schedule II.

• R.S., 1985, c. A-16, s. 19;
• 1997, c. 9, s. 96.

20. and 21.[Repealed, 1997, c. 9, s. 97]

SCHEDULE I[Repealed, 1997, c. 9, s. 98]SCHEDULE II(Section 19)OATH OF FIDELITY AND SECRECYI, ...................., do solemnly swear that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a director (or officer or employee, as the case may be), of .....................I further solemnly swear that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the said company nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the said company and relating to its business.

• R.S., c. A-19, Sch.

AMENDMENTS NOT IN FORCE — 2002, c. 7, s. 221

1994, c. 43, s. 81221.Subsection 10(2) of the Nuclear Energy Act is replaced by the following:Exception(2)No interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or land identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be expropriated under subsection (1) without the approval of the Governor in Council.