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Nuclear Liability and Compensation Act

Version of section 9 from 2017-01-01 to 2024-02-20:


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      • (ii) [Repealed, 2015, c. 4, s. 121]

      • (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.

  • (3) [Repealed, 2015, c. 4, s. 121]

  • 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).

  • 2015, c. 4, ss. 120 “9”, 121

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