Marginal note:Duty imposed on operator

3. Subject to this Act, an operator is under a duty to secure that no injury to any other person or damage to any property of any other person is occasioned as a result of the fissionable or radioactive properties, or a combination of any of those properties with toxic, explosive or other hazardous properties, of

• (a) nuclear material that is in the nuclear installation of which he is the operator;

• (b) nuclear material that, having been in the nuclear installation of which he is the operator, has not subsequently been in a nuclear installation operated under lawful authority by any other person; or

• (c) nuclear material that is in the course of carriage from outside Canada to the nuclear installation of which he is the operator or is in a place of storage incidental to that carriage.

Marginal note:Operator liable for breach of duty

4. Subject to this Act, an operator is, without proof of fault or negligence, absolutely liable for a breach of the duty imposed on him by this Act.

Marginal note:Operators jointly and severally liable

5. Where liability under this Act in respect of the same injury or damage is incurred by two or more operators, the liability of the operators shall, to the extent that the injury or damage attributable to a breach of the duty imposed on each of them by this Act is not reasonably separable, be treated as joint and several.

Marginal note:Certain other damage deemed to be attributable to breach of duty

6. Injury or damage that, though not attributable to a breach of the duty imposed on an operator by this Act, is not reasonably separable from injury or damage that is attributable to a breach of that duty shall be deemed, for the purposes of this Act, to be attributable to that breach of duty.

Marginal note:No liability where incident due to act of armed conflict

7. An operator is not liable for injury or damage of the kind described in section 3 if the nuclear incident resulting in the injury or damage occurred as a direct result of an act of armed conflict in the course of war, invasion or insurrection.

Marginal note:No liability to person responsible for nuclear incident

8. An operator is not liable for injury or damage suffered by any person if the nuclear incident resulting in the injury or damage occurred wholly or partly as a result of an unlawful act or omission of that person done or omitted to be done with intent to cause injury or damage.