Marginal note:Short title

1. This Act may be cited as the Nuclear Liability Act.

Marginal note:Definitions

2. In this Act,

“Commission”

« commission »

“Commission” means a Nuclear Damage Claims Commission established pursuant to Part II;

“damage”

« dommage »

“damage”, in relation to any damage to property within the meaning of section 3, means any loss of or damage to property, whether real or personal, and, for the purposes of any other provision of this Act, includes any damage arising out of or attributable to any loss of or damage to that property;

“injury”

« blessure »

“injury” means personal injury and includes loss of life;

“Minister”

« ministre »

“Minister” 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 incident”

« accident nucléaire »

“nuclear incident” means an occurrence resulting in injury or damage that is attributable to a breach of the duty imposed on an operator by this Act;

“nuclear installation”

« installation nucléaire »

“nuclear installation” means a structure, establishment or place, or two or more structures, establishments or places at a single location, coming within any of the following descriptions and designated as a nuclear installation for the purposes of this Act by the Canadian Nuclear Safety Commission, namely,

• (a) a structure containing nuclear material in such an arrangement that a self-sustaining chain process of nuclear fission can be maintained therein without an additional source of neutrons, including any such structure that forms part of the equipment of a ship, aircraft or other means of transportation,

• (b) a factory or other establishment that processes or reprocesses nuclear material, or

• (c) a place in which nuclear material is stored other than incidentally to the carriage of the material;

“nuclear material”

« substance nucléaire »

“nuclear material” means

• (a) any material, other than thorium or natural or depleted uranium uncontaminated by significant quantities of fission products, that is capable of releasing energy by a self-sustaining chain process of nuclear fission,

• (b) radioactive material produced in the production or utilization of material referred to in paragraph (a), and

• (c) material made radioactive by exposure to radiation consequential on or incidental to the production or utilization of material referred to in paragraph (a),

but does not include radioactive isotopes that are not combined, mixed or associated with material referred to in paragraph (a);

“operator”

« exploitant »

“operator” means the holder of a subsisting licence issued pursuant to the Nuclear Safety and Control Act for the operation of a nuclear installation or, in relation to any nuclear installation for the operation of which there is no subsisting licence, the recipient of the licence last issued pursuant to the Nuclear Safety and Control Act for the operation of that nuclear installation.