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Nuclear Liability and Compensation Act (S.C. 2015, c. 4, s. 120)

Act current to 2022-06-20 and last amended on 2017-01-01. Previous Versions

Nuclear Claims Tribunal (continued)

Financial Provisions (continued)

Marginal note:Limit of payments

  •  (1) The Tribunal must not award, in respect of a nuclear incident, an amount that is more than the amount set out in subsection 24(1) less the total of all amounts that are paid by the operator to compensate persons for damage arising from the nuclear incident before the declaration is made under subsection 36(1).

  • Marginal note:Additional funds — public funds

    (2) Despite subsection (1), if the Minister makes a call for public funds under subsection 72(1), the Tribunal may award an additional amount of funds that are equal to the amount of public funds that are paid by Contracting States.

  • Marginal note:Further funds — Parliament

    (3) If further funds are appropriated by Parliament to provide compensation for damage arising from the nuclear incident, the Tribunal may award those further funds for the damage.

Marginal note:Changes to reductions

  •  (1) If a regulation made under paragraph 80(b) is amended, the Tribunal must inform the Minister of any change to applicable reductions that is to the advantage of any claimant who was not fully compensated because of the previous regulation.

  • Marginal note:Payment

    (2) The Minister must pay to the claimant the difference between the amount that has already been paid and the amount that would be paid under the amended regulation.

  • Marginal note:Consideration of new claims

    (3) If a regulation made under paragraph 80(c) is amended, the Tribunal may consider any new claim for which compensation could not be awarded because of the previous regulation.

Reciprocating Agreements

 [Repealed, 2015, c. 4, s. 122]

Other International Obligations

Marginal note:Additional liability — call for public funds

  •  (1) When a call for public funds is made under subsection 72(1), those funds are to be used to compensate the damage that is suffered, if it

    • (a) occurs in the territory of a Contracting State;

    • (b) occurs in or above the exclusive economic zone of a Contracting State or on the continental shelf of a Contracting State, and relates to the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf; or

    • (c) occurs in or above the maritime areas beyond the territorial sea of a Contracting State — on board or by a ship flying the flag of a Contracting State, on board or by an aircraft registered in a Contracting State, on or by an artificial island, on or by an installation or a structure under a Contracting State’s jurisdiction or by a national of a Contracting State.

  • Marginal note:Exception

    (2) The public funds are not to be used to compensate the damage that is referred to in paragraph (1)(c) if the damage that is suffered occurs in the territorial sea of a non-Contracting State.

  • Marginal note:Preventive measure — liability

    (3) The public funds may also be used to compensate the damage that is caused in one of the areas referred to in paragraph (1)(a) or (b) by a preventive measure that was taken under subsection 20(1) or 21(1) in relation to the operator’s nuclear installation or in relation to any transportation for which the operator is responsible.

  • Meaning of national of a Contracting State

    (4) In subsection (1), a national of a Contracting State includes any subdivision of the Contracting State and any entity that is established or incorporated in that State.

Marginal note:Financial contribution — call for public funds by Canada

  •  (1) If in the Minister’s opinion a nuclear incident for which the Tribunal or any other Canadian court has jurisdiction will result, or is likely to result, in compensation for damage that exceeds the amount made available by Canada, under Article III.1(a) of the Convention, and public funds may be necessary to compensate the damages that are caused in one of the areas that are referred to in subsection 71(1), he or she must immediately give notice under Article VI of the Convention to all other Contracting States and, if in his or her opinion public funds are necessary to compensate the damage, he or she must make a call for public funds under Article VII.1 of the Convention.

  • Marginal note:Canada’s contribution

    (2) When the Minister makes a call for public funds, he or she must calculate the amount of public funds that are to be contributed by Canada, in accordance with the formula provided for by regulation.

  • Marginal note:Advances out of C.R.F.

    (3) If the amount standing to the credit of the Nuclear Liability Account is insufficient for the purposes of subsection (2), an amount that is sufficient to meet the deficit is, with the Minister of Finance’s approval, to be paid from the Consolidated Revenue Fund and credited to the Nuclear Liability Account.

  • Marginal note:Public funds credited to Nuclear Liability Account

    (4) The Minister must have all public funds to be contributed by Canada and other Contracting States, as a result of a call for public funds, credited to the Nuclear Liability Account.

  • Marginal note:Payment from Nuclear Liability Account

    (5) When an award is final or when a decision concerning an action for damage is final or not subject to an appeal, the public funds that are payable by the Minister to compensate the damages that are caused in one of the areas that are referred to in subsection 71(1) are to be paid out of the Nuclear Liability Account.

Marginal note:Canada’s financial contribution — call for public funds by other Contracting State

  •  (1) When a Contracting State other than Canada makes a call for public funds under Article VII.1 of the Convention and if in the Minister’s opinion the claims for compensation cannot be satisfied out of the amount that the Installation State has made available in accord­ance with Article III.1(a) of the Convention, the Minister must, without delay, cause public funds to be paid by Canada to that Contracting State that are calculated in accordance with the formula provided for by regulation.

  • Marginal note:Advances out of C.R.F.

    (2) If the amount standing to the credit of the Nuclear Liability Account is insufficient for the purposes of subsection (1), an amount that is sufficient to meet the deficit is, with the Minister of Finance’s approval, to be paid from the Consolidated Revenue Fund and credited to the Nuclear Liability Account.

  • Marginal note:Payment from Nuclear Liability Account

    (3) Any public funds that are payable are to be paid by the Minister out of the Nuclear Liability Account.

Marginal note:Reimbursement

 Members of the nuclear industry who are prescribed by regulations must reimburse the Minister, in the prescribed manner and by the prescribed proportion, for any public funds that were contributed by Canada under section 72 or 73, in accordance with the prescribed formula, within the fiscal year in which the payments are made. The amounts received by the Minister are to be credited to the Nuclear Liability Account.

Marginal note:Recognition of settlements — Contracting State other than Canada

 The Minister must recognize a settlement by a Contracting State other than Canada that is made in accordance with the laws of that Contracting State and that is, in respect of the payment out of public funds, for compensation for the damage to which the Convention applies.

Marginal note:Subrogation — contribution by Canada

  •  (1) If the public funds that were contributed by Canada under section 72 have been paid by the Minister, the Attorney General of Canada may exercise an operator’s right of recourse under section 13.

  • Marginal note:Subrogation — contribution by Contracting State other than Canada

    (2) If public funds were contributed by a Contracting State other than Canada under Article VII.2 of the Convention, that Contracting State may exercise an operator’s right of recourse under section 13.

  • Marginal note:Subrogation — request of Contracting State other than Canada

    (3) The Attorney General of Canada may, at the request of a Contracting State other than Canada that contributed public funds under Article VII.2 of the Convention, exercise an operator’s right of recourse under section 13 on that Contracting State’s behalf.

  • Marginal note:Denial of request — subrogation by Contracting State other than Canada

    (4) If, despite the request referred to in subsection (3), the Attorney General of Canada does not exercise an operator’s right of recourse under section 13 within three months after that request, the Contracting State may exercise that right.

  • Marginal note:Distribution of public funds

    (5) The Minister must, within a reasonable time, distribute any public funds recovered under subsection (3) to the Contracting States in proportion to the public funds that they contributed.

Offence and Punishment

Marginal note:Failure to maintain financial security

  •  (1) An operator who contravenes subsection 27(1) or who does not hold financial security in the form and manner required by section 28 commits an offence and is liable on summary conviction to a fine of not more than $300,000 for each day on which the offence is committed or continued.

  • Marginal note:Due diligence

    (2) No operator is to be found guilty of the offence if it is established that the operator exercised due diligence to prevent its commission.

Regulations

Marginal note:Regulations — general

 The Governor in Council may make regulations

  • (a) fixing another percentage for the purpose of subsection 28(3);

  • (b) prescribing classes of nuclear installations;

  • (c) providing for the formula that is to be used to calculate the amount referred to in subsections 72(2) and 73(1);

  • (d) prescribing the members of the nuclear industry who are required to reimburse the Minister under section 74, and respecting the manner of calculating the amount of those payments and the manner in which those payments are to be made;

  • (e) prescribing any matter or thing that under this Act is to be or may be prescribed; and

  • (f) generally, for carrying out the purposes and provisions of this Act.

Marginal note:Regulations — Tribunal

 The Governor in Council may make regulations respecting the Tribunal, including regulations

  • (a) prescribing the terms and conditions of appointment of its members;

  • (b) respecting conflict of interest;

  • (c) prescribing the chairperson’s powers and duties;

  • (d) respecting the absence or incapacity of the chairperson or another member; and

  • (e) respecting the hiring and terms and conditions of employment of claims officers and other employees of the Tribunal.

Marginal note:Regulations — compensation

 The Governor in Council may make regulations respecting the compensation that may be awarded by the Tribunal, including regulations

  • (a) establishing priorities for classes of damage;

  • (b) reducing awards on a pro rata basis for specified classes of damage and fixing a maximum award within a specified class of damage, for the purposes of paragraph 60(2)(b); and

  • (c) establishing classes of damage for which compensation is not to be awarded.

 
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