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

Marginal note:Governor in Council to establish Commission to deal with claims

• 21. (1) Where a proclamation has been issued pursuant to section 18, the Governor in Council shall establish a Nuclear Damage Claims Commission, consisting of a chairman, a vice-chairman and not less than one other member, to deal with claims for compensation arising out of the nuclear incident described in that proclamation.

• Marginal note:Qualifications of commissioners

  (2) The chairman and vice-chairman of a Commission and, where the other members of a Commission number more than two, not less than a majority of the other members, shall be appointed from among persons who are

  • (a) judges of the superior or county courts of Canada; or

  • (b) barristers or advocates of at least ten years standing at the bar of any of the provinces.

• Marginal note:Powers of chairman

  (3) The chairman is the chief executive officer of a Commission and has the control and direction of the work and staff of the Commission, but if the chairman is absent or unable to act or if the office is vacant, the vice-chairman of the Commission has all the powers and may perform all the functions of the chairman.

• Marginal note:Eligibility

  (4) A person who has reached the age of seventy years is not eligible to be appointed to a Commission and a person appointed to a Commission ceases to hold office on reaching the age of seventy years.

• Marginal note:Increase or decrease in number of commissioners

  (5) Subject to this section, the Governor in Council may at any time increase or reduce the number of members of a Commission.

• Marginal note:Remuneration and other expenses

  (6) Members of a Commission, other than a member in receipt of a salary or pension under the Judges Act, shall be paid such remuneration as may be fixed by the Governor in Council, and every member of a Commission is entitled to be paid reasonable travel and other expenses while absent from his ordinary place of residence in the course of his duties under this Act.

Marginal note:Staff of Commission

22. A Commission may employ such officers and employees as it considers necessary for the proper conduct of its activities, may prescribe their duties and the terms and conditions of their employment and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.

Marginal note:Existing Commission may be authorized to act

23. Where a Commission has been established pursuant to section 21 and a proclamation is issued pursuant to section 18 declaring that this Part applies in respect of another nuclear incident, the Governor in Council may instead of establishing another Commission designate that Commission to be the Commission to deal with claims for compensation arising out of that nuclear incident.