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

Short Title

Marginal note:Short title

1 This Act may be cited as the Nuclear Liability and Compensation Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

approved insurer

approved insurer means an insurer or association of insurers that is designated under section 29 as an approved insurer. (assureur agréé)

Contracting State

Contracting State means a State that has ratified, accepted or approved the Convention in accordance with its Article XVIII or that has acceded to it in accordance with its Article XIX. (État contractant)

Convention

Convention means the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997 and signed by Canada on December 3, 2013, as amended from time to time. (Convention)

Installation State

Installation State means a Contracting State within whose territory is situated a nuclear installation as defined in Article 1.I(b) of the Annex to the Convention or, if the nuclear installation is not within the territory of a Contracting State, the Contracting State by which or under whose authority the nuclear installation is operated. (État où se trouve l’installation)

nuclear fuel

nuclear fuel means material that is capable of a self-sustaining nuclear fission chain reaction. (combustible nucléaire)

nuclear incident

nuclear incident means an occurrence or a series of occurrences having the same origin that causes damage for which an operator is liable under this Act. (accident nucléaire)

nuclear installation

nuclear installation means, 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, any site or means of transport that is designated under section 7 as a nuclear installation. (établissement nucléaire)

nuclear material

nuclear material means

• (a) nuclear fuel, other than natural uranium or depleted uranium, that can produce energy by a self-sustaining nuclear fission chain reaction outside a nuclear reactor, either alone or in combination with another material; and

• (b) radioactive products or waste, other than radioisotopes that have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial or industrial purpose. (matière nucléaire)

nuclear reactor

nuclear reactor means a structure containing nuclear fuel arranged such that a self-sustaining nuclear fission chain reaction can occur in the structure without an additional source of neutrons. (réacteur nucléaire)

operator

operator means a person who is designated by a regulation made under section 7 as an operator. (exploitant)

public funds

public funds means an amount that Contracting States must contribute when a call for funds is made under Article VII.1 of the Convention. (fonds publics)

radioactive products or waste

radioactive products or waste means

• (a) radioactive material that is produced in the production or use of nuclear fuel other than natural uranium or depleted uranium; or

• (b) material that is made radioactive by exposure to radiation consequential on or incidental to the production or use of nuclear fuel other than natural uranium or depleted uranium. (produit ou déchet radioactif)

Tribunal

Tribunal means a nuclear claims tribunal established under subsection 41(1). (Tribunal)

Purpose of Act

Marginal note:Civil liability and compensation

3 The purpose of this Act is to govern civil liability and compensation for damage in case of a nuclear incident.

Designation of Minister

Marginal note:Minister

4 The Governor in Council may, by order, designate a minister of the Crown to be the Minister referred to in this Act.

Non-Application

Marginal note:Non-application — war, etc.

• 5 (1) This Act does not apply to a nuclear incident that results from an act of war, hostilities, civil war or insurrection, other than a terrorist activity as defined in subsection 83.01(1) of the Criminal Code.

• Marginal note:Non-application — damage to nuclear installation

  (2) This Act does not apply to damage to the nuclear installation of an operator who is responsible for that damage or to any property at the installation that is used in connection with the installation, including property under construction.

Her Majesty

Marginal note:Binding on Her Majesty

6 This Act is binding on Her Majesty in right of Canada or a province.

Designation of Nuclear Installations and Operators

Marginal note:Designation of nuclear installations

• 7 (1) The Governor in Council may, on the Minister’s recommendation and after consultation with the Canadian Nuclear Safety Commission, designate by regulation any site at which is located a facility or facilities that are authorized by a licence issued under the Nuclear Safety and Control Act and that contain nuclear material as a nuclear installation.

• Marginal note:Description of site and designation of operator

  (2) The regulation must describe the site, list the facilities on it that are authorized to contain nuclear material and designate the holder of a licence described in subsection (1) as the operator of the nuclear installation.

• Marginal note:Coming into force

  (3) The regulation may be made before a licence has been issued, but it must not come into force before the day on which the licence is issued.

• Marginal note:Designation of means of transport

  (4) The Governor in Council may, on the Minister’s recommendation and after consultation with the Canadian Nuclear Safety Commission, designate by regulation any means of transport that is equipped with a nuclear reactor as a nuclear installation and designate by regulation the holder of a licence issued under the Nuclear Safety and Control Act respecting that means of transport as the operator of the nuclear installation.

Liability for Nuclear Incidents

Operator’s Liability

Marginal note:Limitation

8 An operator is not liable for damage that is caused by a nuclear incident except for any liability that is provided for under this Act.

Marginal note:Liability — Canada

• 9 (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).