Nuclear Liability Act (R.S.C., 1985, c. N-28)

Act current to 2014-10-15

Marginal note:Nuclear Liability Reinsurance Account

 All amounts payable by Her Majesty pursuant to an agreement entered into under section 16 shall be paid out of the Consolidated Revenue Fund and charged to a special account in the accounts of Canada to be known as the Nuclear Liability Reinsurance Account, and all amounts received by Her Majesty pursuant to the agreement shall be paid into the Consolidated Revenue Fund and credited to that Account.

  • R.S., c. 29(1st Supp.), s. 17.

PART IISPECIAL MEASURES FOR COMPENSATION

Proclamations

Marginal note:Issue of proclamation

 Where the Governor in Council is of the opinion that

  • (a) the liability of an operator under Part I in respect of a nuclear incident could exceed seventy-five million dollars, or

  • (b) as a result of any injury or damage attributable to a nuclear incident, it is in the public interest to provide special measures for compensation,

the Governor in Council shall by proclamation declare that this Part applies in respect of that nuclear incident.

  • R.S., c. 29(1st Supp.), s. 18.
Marginal note:Effect of proclamation

 Subject to section 20, where a proclamation is issued pursuant to section 18, the operator otherwise liable for any injury or damage resulting from the nuclear incident described in the proclamation ceases to be liable for the injury or damage, and any proceedings under Part I in respect of that nuclear incident including proceedings to enforce judgment, brought or taken against the operator in any court either before or after the issue of the proclamation, are forever stayed.

  • R.S., c. 29(1st Supp.), s. 19.
Marginal note:Liability of operator to Her Majesty
  •  (1) An operator described in section 19 is liable to Her Majesty for an amount equal to the lesser of

    • (a) the amount of insurance that he is required by paragraph 15(1)(a) to maintain in respect of the nuclear installation at or in relation to which the nuclear incident occurred, and

    • (b) the aggregate of all amounts paid pursuant to sections 27 and 30 in respect of any injury and damage resulting from the nuclear incident.

  • Marginal note:Amount to be paid in accordance with demands

    (2) Subject to subsection (3), the amount for which an operator is liable to Her Majesty under subsection (1) shall be paid to Her Majesty by the operator in accordance with demands therefor made by the Minister to the operator, and in the event of failure by the operator to pay any amount so demanded, the approved insurer with whom the insurance referred to in subsection (1) was maintained is liable to Her Majesty for that amount.

  • Marginal note:Limitation

    (3) The aggregate of the amounts demanded from an operator by the Minister pursuant to subsection (2) shall not in any year exceed the aggregate of the amounts paid under sections 27 and 30 during that year in respect of any injury or damage resulting from the nuclear incident.

  • R.S., c. 29(1st Supp.), s. 20.