Nuclear Safety and Control Act (S.C. 1997, c. 9)

Marginal note:Additional fine

61. Where a person has been convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, monetary benefits accrued to the person, the court may order the person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits.

Marginal note:Compensation for loss of property

• 62. (1) Where an offender has been convicted of an offence under this Act, in addition to any sentence imposed, the court may, at the time sentence is imposed and on the application of any person who has suffered loss of, or damage to, property, as a result of the commission of the offence, order the offender to pay to that person, within such period as the court considers reasonable, an amount of compensation for the loss or damage.

• Marginal note:Enforcement

  (2) Where an amount that is ordered to be paid under subsection (1) is not paid within the period specified, the applicant may, by filing the order in the superior court of the province in which the trial was held, enter the amount ordered to be paid as a judgment, and such a judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

Marginal note:Variation of sanctions

• 63. (1) Where a court has made an order under section 58, 59 or 60 in relation to an offender, the court may, on application by the offender or the Attorney General of Canada, require the offender to appear before the court and, after hearing the offender and the Attorney General, may vary the order in one or any combination of the following ways that is applicable and, in the opinion of the court, is rendered desirable by a change in the circumstances of the offender since the order was made, namely,

  • (a) make changes in the order or the conditions specified in the order or extend the period for which the order is to remain in force for such period, not exceeding one year, as the court considers desirable; or

  • (b) decrease the period for which the order is to remain in force or relieve the offender, either absolutely or partially or for such period as the court considers desirable, of compliance with any condition that is specified in the order.

• Marginal note:Notice

  (2) Before varying an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested in the order and may hear any or all of those persons.

• Marginal note:Subsequent applications with leave

  (3) Where an application made under subsection (1) in respect of an offender has been heard by a court, no other application may be made with respect to the order except with leave of the court.

Marginal note:Application of Nuclear Liability Act

64. Nothing in section 58, 59, 60, 62 or 63 shall be construed as restricting

• (a) any right, obligation or liability of any person arising under the Nuclear Liability Act; or

• (b) the jurisdiction of a Nuclear Damage Claims Commission established under the Nuclear Liability Act.