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

Marginal note:Nuclear Liability Account

• 32 (1) The Nuclear Liability Reinsurance Account, established in the accounts of Canada under the Nuclear Liability Act, is continued as the Nuclear Liability Account to which are to be

  • (a) credited all amounts received by Her Majesty in right of Canada as fees under an indemnity agreement; and

  • (b) charged all amounts that are payable by Her Majesty in right of Canada under an indemnity agreement.

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

  (2) If the amount standing to the credit of the Nuclear Liability Account is insufficient for the payment of the amounts that are required under the terms of an indemnity agreement, 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.

Preservation of Certain Rights and Obligations

Marginal note:Certain rights and obligations not limited

33 Nothing in this Act is to be construed as limiting any right or obligation arising under

• (a) any contract of insurance;

• (b) any scheme or system of health insurance, employees’ compensation or occupational disease compensation; and

• (c) any survivor or disability provision of a pension plan.

Judicial Proceedings

Marginal note:Where action is to be brought

• 34 (1) An action involving damage that is caused by a nuclear incident is to be brought in the court in Canada that has jurisdiction in the place where the incident occurs.

• Marginal note:Federal Court jurisdiction

  (2) The Federal Court has jurisdiction if the nuclear incident occurs

  • (a) in more than one province;

  • (b) partly within a province and partly within Canada’s exclusive economic zone; or

  • (c) within Canada’s exclusive economic zone.

• Marginal note:Additional jurisdiction of Federal Court

  (3) If the nuclear incident occurs outside the territory or the exclusive economic zone of any Contracting State, or the place where the nuclear incident occurred cannot be determined with certainty, the Federal Court has jurisdiction if the nuclear incident is caused by an operator.

• Marginal note:Concurrent jurisdiction

  (4) If a court of a Contracting State other than Canada has concurrent jurisdiction for a claim or action for damage under this Act, Canada and the other Contracting State must determine, by agreement, which court is to have exclusive jurisdiction.

• Marginal note:Recognition of foreign judgments

  (5) A court of competent jurisdiction in Canada must, as soon as feasible on receipt of an application, recognize and enforce a judgment of a court of a Contracting State other than Canada that, in addition to meeting the criteria under Canadian law for being recognized in Canada, is rendered in accordance with the Convention.

• Marginal note:Restriction on jurisdiction

  (6) Except as provided in this Act, no court in Canada and no tribunal has jurisdiction to entertain any application or grant any relief or remedy relating to damage that occurs outside Canada or its exclusive economic zone.

Marginal note:Limitation on bringing actions and claims

• 35 (1) An action or claim must be brought within three years

  • (a) in the case of an action or claim for loss of life, after the day on which the person bringing the action or making the claim had knowledge or ought reasonably to have had knowledge of both the loss of life and the identity of the operator who is responsible for the loss of life;

  • (b) in the case where conclusive evidence of the loss of life is not available, after the day on which both an order presuming the person to be dead is made by a court having jurisdiction and the person bringing the action or making the claim had knowledge or ought reasonably to have had knowledge of the identity of the operator who is responsible for the presumed loss of life; and

  • (c) in any other case, after the day on which the person bringing the action or making the claim had knowledge or ought reasonably to have had knowledge of both the damage and the identity of the operator who is responsible for the damage.

• Marginal note:Absolute limit

  (2) No action or claim is to be brought

  • (a) in relation to bodily injury or death, 30 years after the day on which the nuclear incident to which the action or claim relates occurred; and

  • (b) in any other case, 10 years after the day on which the nuclear incident to which the action or claim relates occurred.

• Marginal note:Exception

  (3) Despite subsection (2), if the damage is the result of a nuclear incident involving nuclear material that was, at the time of the nuclear incident, lost, stolen, jettisoned or abandoned, no action or claim is to be brought 20 years after the day on which the loss, theft, jettison or abandonment occurred.

• Marginal note:Extension of period

  (4) The Governor in Council may, by regulation, extend the period set out in subsection (1).

Nuclear Claims Tribunal

Governor in Council’s Declaration

Marginal note:Declaration

• 36 (1) The Governor in Council may declare that claims in respect of a nuclear incident are to be dealt with by a Tribunal, if he or she believes that it is in the public interest to do so, having regard to the extent and the estimated cost of the damage, and the advantages of having the claims dealt with by an administrative tribunal.

• Marginal note:Publication

  (2) The declaration is not a statutory instrument for the purposes of the Statutory Instruments Act, but it must be published, without delay, in the Canada Gazette, Part II.

Marginal note:Effect of declaration

• 37 (1) Section 34 ceases to apply in respect of a nuclear incident on the day on which a declaration is made under subsection 36(1), and any proceedings brought or taken before the declaration is made are discontinued.

• Marginal note:New jurisdiction

  (2) Any claims that could have been made before the declaration is made are, after the day on which it is made, only to be brought before the Tribunal.

Report to Parliament

Marginal note:Report on nuclear incident

38 The Minister must, without delay, after a declaration is made under subsection 36(1), cause a report estimating the cost of the indemnification for the damage arising from a nuclear incident to be laid before each House of Parliament.

Interim Financial Assistance

Marginal note:Interim financial assistance

• 39 (1) During the period that begins when a declaration is made under subsection 36(1) and ends when the notice is published under subsection 42(2), the Minister may pay interim financial assistance to persons who, in the Minister’s opinion, have suffered damage as a result of the nuclear incident to which the declaration relates. The Minister must inform the Tribunal of the names of those persons and the amounts paid.

• Marginal note:Maximum amount

  (2) The maximum amount that is to be paid under subsection (1) must not exceed 20% of the difference between

  • (a) the amount set out in subsection 24(1), and

  • (b) the total amounts that are paid by the operator, before the declaration is made under subsection 36(1), to compensate persons for damage arising from the nuclear incident.

Marginal note:Power to make agreements

40 The Minister may enter into an agreement with any person, association of insurers or province for the carrying out of the Minister’s duties or functions by that person, association of insurers or province in relation to the payment of interim financial assistance.

Establishment of a Nuclear Claims Tribunal

Marginal note:Tribunal’s establishment

• 41 (1) The Governor in Council must, as soon as feasible after a declaration is made under subsection 36(1), establish a nuclear claims Tribunal and designate the location of its head office in Canada.

• Marginal note:Purpose

  (2) The Tribunal’s purpose is to examine and adjudicate claims for damage arising from the nuclear incident as expeditiously as the circumstances and considerations of fairness permit.

• Marginal note:Claims treated equitably

  (3) The Tribunal must carry out its duties and functions with respect to claims for damage in an equitable manner, without discrimination on the basis of nationality or residence.

Marginal note:Public notice

• 42 (1) The Tribunal must notify the public, in a manner that it considers appropriate, of the details of its purpose and how to obtain information on bringing a claim.

• Marginal note:Publication

  (2) A notice of the Tribunal’s purpose and how to obtain information on bringing a claim must also be published, without delay, in the Canada Gazette.

Marginal note:Members of Tribunal

• 43 (1) The Governor in Council must appoint a minimum of five persons to the Tribunal, one of whom is to be designated as the chairperson.

• Marginal note:Members’ qualifications

  (2) A majority of the members of the Tribunal are to be appointed from among persons who are sitting or retired judges of a superior court or members of at least 10 years’ standing at the bar of a province or the Chambre des notaires du Québec.

• Marginal note:Remuneration

  (3) The members are to be paid the remuneration and expenses fixed by the Governor in Council.

Marginal note:Term of office

44 Each member of the Tribunal is to be appointed to hold office during good behaviour for a term that the Governor in Council considers appropriate and may be removed for cause.

Marginal note:Immunity

45 No civil proceedings lie against any member of the Tribunal for anything done or omitted to be done by the member in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Tribunal.

Marginal note:Tribunal’s staff

46 The Tribunal may employ the staff that it considers necessary for the proper conduct of its duties or functions, prescribe their duties and, subject to any regulations, their terms and conditions of employment and, with the approval of the Treasury Board, fix and pay their remuneration.

Marginal note:Technical or specialized knowledge

47 The Tribunal may engage, on a temporary basis, the services of counsel and other persons having technical or specialized knowledge to assist the Tribunal in its work, establish the terms and conditions of their employment and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

Marginal note:Inconsistency

48 In the event of an inconsistency between a provision of the Judges Act and any provision of this Act that is applicable to a sitting or retired judge, the Judges Act prevails to the extent of the inconsistency.

Tribunal’s Powers and Duties

Marginal note:Hearings

49 The Tribunal is to hold its hearings in Canada at the times and locations that it considers appropriate.

Marginal note:Intervenor

50 The Attorney General of Canada and the competent authority of any other Contracting State may intervene in proceedings that are before the Tribunal.

Marginal note:Powers — witnesses and documents

• 51 (1) The Tribunal has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters that are necessary or proper for the due exercise of its jurisdiction, all of the powers, rights and privileges that are vested in a superior court.

• Marginal note:Evidence at hearings

  (2) The Tribunal is not, in the hearing of any claim, bound by the legal rules of evidence, but it must not receive as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

• Marginal note:Foreign evidence

  (3) The Tribunal may issue commissions to take evidence outside Canada and may make orders for that purpose and for the return and use of the evidence so obtained.