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

Marginal note:Examinations

52 The Tribunal may require persons claiming compensation to undergo medical or other examinations that are, in the Tribunal’s opinion, reasonably necessary to enable it to determine their claims.

Marginal note:Frivolous or vexatious claims

53 The Tribunal may refuse to hear any claim referred to it that it considers to be frivolous or vexatious.

Marginal note:Report on Tribunal’s activities

54 The Tribunal must, at the Minister’s request, submit to him or her a report on its activities. The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it.

Marginal note:Rules

55 The Tribunal may make any rules that it considers necessary for the exercise of its powers and the performance of its duties and functions, including rules respecting

• (a) procedures for bringing claims;

• (b) the form and manner in which evidence is to be submitted;

• (c) a quorum;

• (d) procedures that claims officers are to follow in dealing with claims;

• (e) fees and travel expenses that are to be paid to witnesses;

• (f) the allowance of costs; and

• (g) appeals and rehearings.

Claims

Marginal note:Panels

• 56 (1) The chairperson may establish panels of the Tribunal consisting of one or more members to hear claims.

• Marginal note:Claims officer

  (2) The Tribunal may, in order to process claims expeditiously, establish classes of claims that may be determined by the claims officer without an oral hearing and designate as a claims officer anyone that it considers qualified.

• Marginal note:Powers and duties

  (3) A panel or claims officer must exercise the powers and perform the duties and functions of the Tribunal with respect to claims that are before that panel or claims officer.

Marginal note:Notice

57 The chairperson must assign a claim to a panel or claims officer and notify the claimant, the operator and the Minister of the assignment.

Marginal note:Public hearings

58 Panel hearings are to be held in public. However, a panel may hold all or part of a hearing in private if, in its opinion, a person’s privacy interest outweighs the principle that hearings be open to the public.

Marginal note:Interim award of compensation

• 59 (1) The Tribunal may award interim compensation in respect of a claim that is heard by it before it makes a decision with respect to the claim.

• Marginal note:Payment

  (2) The Tribunal must inform the Minister of the amount of the interim compensation awarded, and the Minister must pay that amount to the claimant.

Marginal note:Notice — decision

• 60 (1) The Tribunal must notify the claimant and the operator of its decision with respect to the claim.

• Marginal note:Awards of compensation

  (2) If the Tribunal decides to award compensation in respect of a claim, the notification must also be sent to the Minister and must indicate

  • (a) the amount of the award;

  • (b) any reduction in that amount applicable under the regulations; and

  • (c) any amounts that have already been paid with respect to the claim in accordance with this Act.

• Marginal note:Costs and interest

  (3) The amount of the award must not include any costs awarded to the claimant in any proceeding that is before the Tribunal or any interest payable on that award.

Rehearing and Appeal

Marginal note:Rehearing of claims officer’s decision

61 A claimant or operator who is dissatisfied with a claims officer’s decision may, within 30 days after receiving notification of the decision, apply to the Tribunal for a rehearing by a panel.

Marginal note:Appeal

• 62 (1) If a claim has been heard by a panel that consists of fewer than three members, the claimant or operator may, within 30 days after receiving notification of the decision, apply in writing to the chairperson for leave to appeal.

• Marginal note:Hearing of appeal

  (2) The appeal is to be heard and decided by a panel consisting of three other members.

• Marginal note:Decision

  (3) The appeal is to be heard on the basis of the record of the panel whose decision is appealed and on the submissions of interested parties. The panel hearing the appeal may, in exceptional circumstances, if, in its opinion, it is essential in the interests of justice to do so, admit additional evidence or testimony.

Marginal note:Judicial review

63 Subject to sections 61 and 62, every decision of the Tribunal is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

Financial Provisions

Marginal note:Payment of awards

64 At the end of the period to apply for a rehearing or make an appeal, the Minister must pay to the claimant the amount of the award less the total of the amounts referred to in paragraphs 60(2)(b) and (c).

Marginal note:Recovery of overpayment

65 Any overpayment is a debt that is due to Her Majesty in right of Canada and may be recovered in accordance with section 155 of the Financial Administration Act.

Marginal note:Payments out of Nuclear Liability Account

• 66 (1) All payments made by the Minister are to be paid out of the Nuclear Liability Account.

• 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, 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.

Marginal note:Operator’s liability to Her Majesty

• 67 (1) When a declaration is made under subsection 36(1), the operator who is liable for the damage that is caused by a nuclear incident must pay to Her Majesty in right of Canada an amount that is equal to the lesser of

  • (a) the amount set out in subsection 24(1) —  or, if the operator is subject to a regulation made under paragraph 24(2)(b), the amount set out in that regulation — less the total amounts that were paid by the operator to compensate persons for damage arising from the nuclear incident before the declaration under subsection 36(1) is made, and

  • (b) the total of all amounts that are paid by the Minister under section 64.

• Marginal note:Failure to pay

  (2) If the operator fails to pay any amount that is due, it must be paid to Her Majesty in right of Canada by

  • (a) the approved insurer, for the financial security that is in the form of insurance; or

  • (b) the issuer of the financial instrument, for alternate financial security.

• Marginal note:Amount paid by operator, approved insurer or issuer of security

  (3) The operator, the approved insurer or the issuer of the financial instrument, as the case may be, must pay to Her Majesty in right of Canada, at the Minister’s request, any amount that is specified in the request.

• Marginal note:Limitation

  (4) The total amount that is requested by the Minister under subsection (3) in respect of any year must not be more than the total amount that is paid by the Minister under section 39, subsection 59(2) and section 64.

• Marginal note:Debt due to Crown

  (5) An amount that is not paid as required under subsection (3) is a debt that is due to Her Majesty in right of Canada and may be recovered in accordance with section 155 of the Financial Administration Act.

• Marginal note:Nuclear Liability Account

  (6) Any amount received by Her Majesty in right of Canada under this section is to be credited to the Nuclear Liability Account.

Marginal note:Limit of payments

• 68 (1) The Tribunal must not award, in respect of a nuclear incident, an amount that is more than the amount set out in subsection 24(1) less the total of all amounts that are paid by the operator to compensate persons for damage arising from the nuclear incident before the declaration is made under subsection 36(1).

• Marginal note:Additional funds — public funds

  (2) Despite subsection (1), if the Minister makes a call for public funds under subsection 72(1), the Tribunal may award an additional amount of funds that are equal to the amount of public funds that are paid by Contracting States.

• Marginal note:Further funds — Parliament

  (3) If further funds are appropriated by Parliament to provide compensation for damage arising from the nuclear incident, the Tribunal may award those further funds for the damage.

Marginal note:Changes to reductions

• 69 (1) If a regulation made under paragraph 80(b) is amended, the Tribunal must inform the Minister of any change to applicable reductions that is to the advantage of any claimant who was not fully compensated because of the previous regulation.

• Marginal note:Payment

  (2) The Minister must pay to the claimant the difference between the amount that has already been paid and the amount that would be paid under the amended regulation.

• Marginal note:Consideration of new claims

  (3) If a regulation made under paragraph 80(c) is amended, the Tribunal may consider any new claim for which compensation could not be awarded because of the previous regulation.

Reciprocating Agreements

70 [Repealed, 2015, c. 4, s. 122]

Other International Obligations

Marginal note:Additional liability — call for public funds

• 71 (1) When a call for public funds is made under subsection 72(1), those funds are to be used to compensate the damage that is suffered, if it

  • (a) occurs in the territory of a Contracting State;

  • (b) occurs in or above the exclusive economic zone of a Contracting State or on the continental shelf of a Contracting State, and relates to the exploitation or exploration of the natural resources of that exclusive economic zone or continental shelf; or

  • (c) occurs in or above the maritime areas beyond the territorial sea of a Contracting State — on board or by a ship flying the flag of a Contracting State, on board or by an aircraft registered in a Contracting State, on or by an artificial island, on or by an installation or a structure under a Contracting State’s jurisdiction or by a national of a Contracting State.

• Marginal note:Exception

  (2) The public funds are not to be used to compensate the damage that is referred to in paragraph (1)(c) if the damage that is suffered occurs in the territorial sea of a non-Contracting State.

• Marginal note:Preventive measure — liability

  (3) The public funds may also be used to compensate the damage that is caused in one of the areas referred to in paragraph (1)(a) or (b) by a preventive measure that was taken under subsection 20(1) or 21(1) in relation to the operator’s nuclear installation or in relation to any transportation for which the operator is responsible.

• Meaning of national of a Contracting State

  (4) In subsection (1), a national of a Contracting State includes any subdivision of the Contracting State and any entity that is established or incorporated in that State.

Marginal note:Financial contribution — call for public funds by Canada

• 72 (1) If in the Minister’s opinion a nuclear incident for which the Tribunal or any other Canadian court has jurisdiction will result, or is likely to result, in compensation for damage that exceeds the amount made available by Canada, under Article III.1(a) of the Convention, and public funds may be necessary to compensate the damages that are caused in one of the areas that are referred to in subsection 71(1), he or she must immediately give notice under Article VI of the Convention to all other Contracting States and, if in his or her opinion public funds are necessary to compensate the damage, he or she must make a call for public funds under Article VII.1 of the Convention.

• Marginal note:Canada’s contribution

  (2) When the Minister makes a call for public funds, he or she must calculate the amount of public funds that are to be contributed by Canada, in accordance with the formula provided for by regulation.

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

  (3) If the amount standing to the credit of the Nuclear Liability Account is insufficient for the purposes of subsection (2), 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.

• Marginal note:Public funds credited to Nuclear Liability Account

  (4) The Minister must have all public funds to be contributed by Canada and other Contracting States, as a result of a call for public funds, credited to the Nuclear Liability Account.

• Marginal note:Payment from Nuclear Liability Account

  (5) When an award is final or when a decision concerning an action for damage is final or not subject to an appeal, the public funds that are payable by the Minister to compensate the damages that are caused in one of the areas that are referred to in subsection 71(1) are to be paid out of the Nuclear Liability Account.