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Nuclear Liability and Compensation Act

Version of section 9 from 2015-02-26 to 2016-12-31:

The following provision is not in force.

Marginal note:Liability — Canada

  •  (1) An operator — and no person other than an operator — is liable for damage that is caused within Canada or its exclusive economic zone by

    • (a) ionizing radiation emitted from any source of radiation within, or released from, the operator’s nuclear installation;

    • (b) ionizing radiation emitted from nuclear material being transported

      • (i) from the operator’s nuclear installation until it is placed in another nuclear installation or until liability is assumed by the operator of that other nuclear installation, under the terms of a written contract,

      • (ii) to the operator’s nuclear installation from outside Canada,

      • (iii) from the operator’s nuclear installation to a person who is within the territory of a State that is not a Contracting State until it is unloaded from the means of transport by which it arrived in that State, or

      • (iv) with the operator’s written consent, from a person who is within the territory of a State that is not a Contracting State to the operator’s installation, from the time that it is loaded on the means of transport by which it is to be carried from that State;

    • (b.1) ionizing radiation emitted from nuclear material being transported from the operator’s nuclear installation

      • (i) before liability is assumed under the terms of a written contract, by a person who is within the territory of a Contracting State other than Canada and who is designated or recognized under the laws of that State as operating a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention, or

      • (ii) in the absence of a contract, before that person takes charge of the nuclear material;

    • (b.2) ionizing radiation emitted from nuclear material being transported to the operator’s nuclear installation

      • (i) after liability is assumed by the operator under the terms of a written contract, from a person who is within the territory of a Contracting State other than Canada and who is designated or recognized under the laws of that State as operating a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention, or

      • (ii) in the absence of a contract, after the operator takes charge of the nuclear material; or

    • (c) a combination of the radioactive properties and toxic, explosive or other hazardous properties of a source referred to in paragraph (a) or nuclear material referred to in paragraph (b), (b.1) or (b.2).

  • Marginal note:Preventive measure — liability in Canada

    (2) An operatorand no person other than an operator — is liable for damage that is caused within Canada or its exclusive economic zone if the damage is caused by a preventive measure that is taken under subsection — 20(1) in relation to that operator’s nuclear installation or in relation to any transportation for which the operator is responsible.

  • Marginal note:Liability — damage in reciprocating country

    (3) If provided for in regulations made under subsection 70(2) to implement an agreement between Canada and a reciprocating country, an operator — and no person other than an operator — is liable for damage that occurs in the reciprocating country or its exclusive economic zone and that results from the production, processing, transport, storage, use or disposition of the nuclear material for which the operator is responsible.

  • Marginal note:Additional liability — Contracting State other than Canada

    (4) An operator — and no person other than an operator — is liable for damage that is caused within a Contracting State other than Canada or within that State’s exclusive economic zone by

    • (a) ionizing radiation emitted from any source of radiation within, or released from, the operator’s nuclear installation;

    • (b) ionizing radiation emitted from nuclear material being transported from the operator’s nuclear installation

      • (i) before liability is assumed, under the terms of a written contract, by a person who is within the territory of the Contracting State other than Canada and who is designated or recognized under the laws of that State as operating a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention, or

      • (ii) in the absence of a contract, before that person takes charge of the nuclear material;

    • (c) ionizing radiation emitted from nuclear material being transported to the operator’s nuclear installation

      • (i) after liability is assumed by the operator, under the terms of a written contract, from a person who is within the territory of the Contracting State other than Canada and who is designated or recognized under the laws of that State as operating a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention, or

      • (ii) in the absence of a contract, after the operator takes charge of the nuclear material; or

    • (d) a combination of the radioactive properties and toxic, explosive or other hazardous properties of a source referred to in paragraph (a) or nuclear material referred to in paragraph (b) or (c).

  • Marginal note:Preventive measure — liability in Contracting State other than Canada

    (5) An operator — and no person other than an operator — is liable for any damage that is caused within a Contracting State other than Canada or within that State’s exclusive economic zone if the damage is caused by a preventive measure that is taken under subsection 21(1) in relation to that operator’s nuclear installation or in relation to any transportation for which the operator is responsible.

  • Marginal note:Additional liability — transportation to or from non-contracting State

    (6) An operator — and no person other than an operator — is liable for damage that is caused within a Contracting State other than Canada or within that State’s exclusive economic zone by

    • (a) ionizing radiation emitted from nuclear material being transported

      • (i) from the operator’s nuclear installation to a person who is within the territory of a State that is not a Contracting State until it is unloaded from the means of transport by which it arrived in that State; or

      • (ii) with the operator’s written consent, from a person who is within the territory of a State that is not a Contracting State to the operator’s nuclear installation, from the time it is loaded on the means of transport by which it is to be carried from that State; or

    • (b) a combination of the radioactive properties and toxic, explosive or other hazardous properties of nuclear material referred to in paragraph (a).

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