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Energy Safety and Security Act (S.C. 2015, c. 4)

Assented to 2015-02-26

Amendments to the Nuclear Liability and Compensation Act

  •  (1) Subparagraph 9(1)(b)(ii) of the Nuclear Liability and Compensation Act is repealed.

  • (2) Subsection 9(3) of the Act is repealed.

 Section 70 of the Act is repealed.

Consequential Amendments

1992, c. 34Transportation of Dangerous Goods Act, 1992

 Subsection 22(7) of the Transportation of Dangerous Goods Act, 1992 is replaced by the following:

  • Marginal note:Operator’s liability under Nuclear Liability and Compensation Act

    (7) Nothing in this section relieves an operator, as defined in section 2 of the Nuclear Liability and Compensation Act, from any duty or liability imposed on them under that Act.

1997, c. 9Nuclear Safety and Control Act

 Subsection 42(3) of the Nuclear Safety and Control Act is replaced by the following:

  • Marginal note:Liability under Nuclear Liability and Compensation Act

    (3) Nothing in this section shall be construed as limiting an operator’s liability under the Nuclear Liability and Compensation Act.

 Section 64 of the Act is replaced by the following:

Marginal note:Application of Nuclear Liability and Compensation Act

64. Nothing in section 58, 59, 60, 62 or 63 shall be construed as restricting

  • (a) any right, obligation or liability of any person arising under the Nuclear Liability and Compensation Act; or

  • (b) the jurisdiction of a nuclear claims tribunal established under the Nuclear Liability and Compensation Act.

 Section 82 of the Act is repealed.

Terminology

Marginal note:Replacement of “Nuclear Liability Reinsurance Account” — Acts
  •  (1) Unless the context requires otherwise, “Nuclear Liability Reinsurance Account” is replaced with “Nuclear Liability Account” in any other Act of Parliament.

  • Marginal note:Replacement of “Nuclear Liability Reinsurance Account” — Regulations

    (2) Unless the context requires otherwise, “Nuclear Liability Reinsurance Account” is replaced with “Nuclear Liability Account” in any regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament.

Repeal

Marginal note:Repeal

 The Nuclear Liability Act, chapter N-28 of the Revised Statutes of Canada, 1985, is repealed.

Coming into Force

Marginal note:Order in council
  •  (1) The following provisions of the Nuclear Liability and Compensation Act, as enacted by section 120, come into force on a day or days to be fixed by order of the Governor in Council: section 1, the definitions “approved insurer”, “nuclear fuel”, “nuclear incident”, “nuclear installation” — except for the words “other than in the definition “Installation State” and subparagraphs 9(1)(b.1)(i) and (b.2)(i) and 9(4)(b)(i) and (c)(i) of the English version” — “nuclear material”, “nuclear reactor”, “operator”, “radioactive products or waste” and “Tribunal” in section 2, sections 3 to 8, paragraph 9(1)(a), subparagraphs 9(1)(b)(i) and (ii), paragraph 9(1)(c) — except when the combination is in relation to materials referred to in subparagraph 9(1)(b)(iii) or (iv) or paragraph 9(1)(b.1) or (b.2) — subsections 9(2) and (3), sections 10 to 18, 20 and 22 to 26, subsections 27(1) and (4), sections 28 to 33, subsections 34(1), (2) and (6), sections 35 to 40, subsections 41(1) and (2), sections 42 to 49 and 51 to 67, subsections 68(1) and (3), sections 69, 70 and 77, paragraphs 78(a), (b), (e) and (f) and sections 79 and 80.

  • Marginal note:Order — after coming into force of Convention

    (2) The following provisions of the Nuclear Liability and Compensation Act, as enacted by section 120, come into force on a day to be fixed by order of the Governor in Council, but that day may not be earlier than the day on which the Convention, as defined in section 2 of that Act, comes into force: the definitions “Contracting State”, “Convention”, “Installation State”, the words “other than in the definition “Installation State” and subparagraphs 9(1)(b.1)(i) and (b.2)(i) and 9(4)(b)(i) and (c)(i) of the English version” in the definition “nuclear installation” and the definition “public funds” in section 2, subparagraphs 9(1)(b)(iii) and (iv), paragraphs 9(1)(b.1) to (c) — when the combination is in relation to materials referred to in subparagraph 9(1)(b)(iii) or (iv), paragraph 9(1)(b.1) or (b.2) — subsections 9(4) to (6), sections 19 and 21, subsections 27(2) and (3), 34(3) to (5) and 41(3), section 50, subsection 68(2), sections 71 to 76 and paragraphs 78(c) and (d).

  • Marginal note:Order in council

    (3) Sections 121 to 128 come into force on a day or days to be fixed by order of the Governor in Council.

 

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