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

Marginal note:Canada’s financial contribution — call for public funds by other Contracting State

• 73 (1) When a Contracting State other than Canada makes a call for public funds under Article VII.1 of the Convention and if in the Minister’s opinion the claims for compensation cannot be satisfied out of the amount that the Installation State has made available in accord­ance with Article III.1(a) of the Convention, the Minister must, without delay, cause public funds to be paid by Canada to that Contracting State that are calculated in accordance with the formula provided for by regulation.

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

  (2) If the amount standing to the credit of the Nuclear Liability Account is insufficient for the purposes of subsection (1), 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:Payment from Nuclear Liability Account

  (3) Any public funds that are payable are to be paid by the Minister out of the Nuclear Liability Account.

Marginal note:Reimbursement

74 Members of the nuclear industry who are prescribed by regulations must reimburse the Minister, in the prescribed manner and by the prescribed proportion, for any public funds that were contributed by Canada under section 72 or 73, in accordance with the prescribed formula, within the fiscal year in which the payments are made. The amounts received by the Minister are to be credited to the Nuclear Liability Account.

Marginal note:Recognition of settlements — Contracting State other than Canada

75 The Minister must recognize a settlement by a Contracting State other than Canada that is made in accordance with the laws of that Contracting State and that is, in respect of the payment out of public funds, for compensation for the damage to which the Convention applies.

Marginal note:Subrogation — contribution by Canada

• 76 (1) If the public funds that were contributed by Canada under section 72 have been paid by the Minister, the Attorney General of Canada may exercise an operator’s right of recourse under section 13.

• Marginal note:Subrogation — contribution by Contracting State other than Canada

  (2) If public funds were contributed by a Contracting State other than Canada under Article VII.2 of the Convention, that Contracting State may exercise an operator’s right of recourse under section 13.

• Marginal note:Subrogation — request of Contracting State other than Canada

  (3) The Attorney General of Canada may, at the request of a Contracting State other than Canada that contributed public funds under Article VII.2 of the Convention, exercise an operator’s right of recourse under section 13 on that Contracting State’s behalf.

• Marginal note:Denial of request — subrogation by Contracting State other than Canada

  (4) If, despite the request referred to in subsection (3), the Attorney General of Canada does not exercise an operator’s right of recourse under section 13 within three months after that request, the Contracting State may exercise that right.

• Marginal note:Distribution of public funds

  (5) The Minister must, within a reasonable time, distribute any public funds recovered under subsection (3) to the Contracting States in proportion to the public funds that they contributed.

Offence and Punishment

Marginal note:Failure to maintain financial security

• 77 (1) An operator who contravenes subsection 27(1) or who does not hold financial security in the form and manner required by section 28 commits an offence and is liable on summary conviction to a fine of not more than $300,000 for each day on which the offence is committed or continued.

• Marginal note:Due diligence

  (2) No operator is to be found guilty of the offence if it is established that the operator exercised due diligence to prevent its commission.

Regulations

Marginal note:Regulations — general

78 The Governor in Council may make regulations

• (a) fixing another percentage for the purpose of subsection 28(3);

• (b) prescribing classes of nuclear installations;

• (c) providing for the formula that is to be used to calculate the amount referred to in subsections 72(2) and 73(1);

• (d) prescribing the members of the nuclear industry who are required to reimburse the Minister under section 74, and respecting the manner of calculating the amount of those payments and the manner in which those payments are to be made;

• (e) prescribing any matter or thing that under this Act is to be or may be prescribed; and

• (f) generally, for carrying out the purposes and provisions of this Act.

Marginal note:Regulations — Tribunal

79 The Governor in Council may make regulations respecting the Tribunal, including regulations

• (a) prescribing the terms and conditions of appointment of its members;

• (b) respecting conflict of interest;

• (c) prescribing the chairperson’s powers and duties;

• (d) respecting the absence or incapacity of the chairperson or another member; and

• (e) respecting the hiring and terms and conditions of employment of claims officers and other employees of the Tribunal.

Marginal note:Regulations — compensation

80 The Governor in Council may make regulations respecting the compensation that may be awarded by the Tribunal, including regulations

• (a) establishing priorities for classes of damage;

• (b) reducing awards on a pro rata basis for specified classes of damage and fixing a maximum award within a specified class of damage, for the purposes of paragraph 60(2)(b); and

• (c) establishing classes of damage for which compensation is not to be awarded.