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

Act current to 2016-01-25

Marginal note:Power to make agreements

 With the approval of the Governor in Council, the Minister or a Commission may, on behalf of the Government of Canada, enter into agreements or arrangements with the government of any province or with any person or group of persons for the carrying out of any duty or function in relation to the payment of compensation under this Part.

  • R.S., c. 29(1st Supp.), s. 30.

Interim Financial Assistance

Marginal note:Regulations providing for payment of interim financial assistance
  •  (1) Where the Governor in Council, as a result of the distress, suffering or hardship caused by a nuclear incident, is of opinion that it is necessary to provide interim financial assistance to persons affected by the nuclear incident, he may make regulations providing for the payment by the Minister out of the Consolidated Revenue Fund of interim financial assistance to or in respect of those persons and may by those regulations

    • (a) specify the persons or classes of persons to or in respect of whom the assistance may be paid; and

    • (b) fix or determine the amounts that may be so paid to or in respect of any persons or classes of persons, and the terms and conditions on which the amounts may be paid.

  • Marginal note:Authorization of Commission to act

    (2) The Governor in Council may authorize a Commission to perform any duty or function in relation to the provision of interim financial assistance pursuant to subsection (1) and may authorize the Commission to issue warrants for the payment of the assistance.

  • Marginal note:Warrant deemed to be cheque

    (3) A warrant issued by a Commission pursuant to subsection (2) shall be deemed to be a cheque lawfully drawn on the account of the Receiver General in accordance with the Financial Administration Act.

  • R.S., c. 29(1st Supp.), s. 31.

Limit of Payments

Marginal note:Limit

 Except as otherwise authorized by Parliament, the aggregate of all amounts paid pursuant to sections 27 and 30 shall not, in respect of any one nuclear incident, exceed seventy-five million dollars.

  • R.S., c. 29(1st Supp.), s. 32.

PART IIIGeneral

Marginal note:Binding on Her Majesty
  •  (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada or a province.

  • Marginal note:Her Majesty deemed to be operator

    (2) Where Her Majesty in right of Canada operates a nuclear installation, Her Majesty shall, for all purposes of this Act except sections 15 and 20, be deemed to be the operator thereof.

  • R.S., c. 29(1st Supp.), s. 33.
Marginal note:Operator not liable where injury or damage occasioned outside Canada
  •  (1) Except as may be provided for in rules made under subsection (3), an operator is not liable for any injury or damage occasioned outside Canada

    • (a) that is attributable to a breach of the duty imposed on him by this Act, or

    • (b) for which he may be liable pursuant to any law of a place outside Canada relating to liability for injury or damage resulting from the production, processing, carriage, storage, use or disposition of nuclear material,

    and no court in Canada has jurisdiction to entertain any application or grant any relief or remedy arising out of or relating to any such injury or damage occasioned outside Canada.

  • Marginal note:Reciprocating countries

    (2) Where the Governor in Council is of the opinion that satisfactory arrangements exist in any country for compensation for injury or damage resulting from the production, processing, carriage, storage, use or disposition of nuclear material in that country, including any such injury or damage occasioned in Canada, he may declare that country to be a reciprocating country for the purposes of this Act.

  • Marginal note:Rules implementing compensation arrangements with reciprocating countries

    (3) The Governor in Council may, with respect to a reciprocating country, make such rules as he considers necessary to implement any arrangement between Canada and the reciprocating country relating to compensation for injury or damage resulting from the production, processing, carriage, storage, use or disposition of nuclear material.

  • Marginal note:Idem

    (4) A rule made under subsection (3) may modify any provision of Part I of this Act relating to liability or the jurisdiction of courts, to the extent that the Governor in Council considers necessary in order to give effect to an arrangement described in that subsection.

  • R.S., c. 29(1st Supp.), s. 34.
 
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