Jurisdiction of Courts
Marginal note:Where action under this Part is to be brought
14. (1) An action under this Part shall be brought in the court that, having regard to the parties, the nature of the action and the amount involved, has jurisdiction and that exercises jurisdiction
(a) in the place where the injury or damage resulting from the nuclear incident in respect of which the action is brought was occasioned, or
(b) where the nuclear incident in respect of which the action is brought resulted in injury or damage occasioned in places in which more than one court would otherwise have jurisdiction under this subsection, in the place where the nuclear installation at or in relation to which the nuclear incident occurred was situated or, in the case of a nuclear installation that formed part of the equipment of a ship, aircraft or other means of transportation, was declared to be situated for the purposes of this section by the licence described in the definition "operator" in section 2 relating to that nuclear installation,
and that court, for the purpose of any question raised in the action relating to the place where the injury or damage was occasioned, shall be deemed to have jurisdiction throughout Canada.
Marginal note:Other laws and rules of practice and procedure to apply
(2) Except to the extent that they are inconsistent with any provision of this Act, all laws in force in the province where an action under this Part is brought and the rules of practice and procedure of the court in which the action is brought apply to the action.
- R.S., c. 29(1st Supp.), s. 14.
Insurance and Financial Responsibility
Marginal note:Operator to maintain insurance
15. (1) An operator shall, with respect to each nuclear installation of which he is the operator, maintain with an approved insurer insurance against the liability imposed on him by this Act, consisting of
(a) basic insurance for such term and for such amount not exceeding seventy-five million dollars as may be prescribed with respect to that nuclear installation by the Canadian Nuclear Safety Commission, with the approval of the Treasury Board, and
(b) supplementary insurance for the same term and for an amount equal to the difference, if any, between the amount prescribed under paragraph (a) and seventy-five million dollars,
and containing such terms and conditions as are approved by the Minister.
Marginal note:Minister to designate approved insurers
(2) The Minister may designate as an approved insurer for the purposes of this Act any insurer or association of insurers that meets the requirements that, in his opinion, are necessary for the proper performance of the obligations to be undertaken by an approved insurer.
- R.S., 1985, c. N-28, s. 15;
- 1997, c. 9, s. 110.
Marginal note:Reinsurance agreements
16. (1) Subject to the approval of the Treasury Board, the Minister may, with respect to the supplementary insurance described in paragraph 15(1)(b), enter into an agreement with an approved insurer reinsuring the risk assumed by that insurer on such terms and conditions, including the payment of such fee, as the Minister deems appropriate.
Marginal note:Agreements to be laid before Parliament
(2) An agreement entered into under this section shall be laid before Parliament within fifteen days after the making thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.
- R.S., c. 29(1st Supp.), s. 16.
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