Nuclear Liability and Compensation Regulations (SOR/2016-88)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

nuclear fuel conversion facility

nuclear fuel conversion facility means a facility for the storage or processing of unirradiated enriched uranium. (installation de conversion de combustible nucléaire)

nuclear fuel production facility

nuclear fuel production facility means a facility for the production of nuclear fuel containing unirradiated enriched uranium. (installation de production de combustible nucléaire)

nuclear fuel waste management facility

nuclear fuel waste management facility means a facility for the storage or management of nuclear fuel that has been removed from a nuclear reactor and that has a quantity of fissionable materials that meets any of the following conditions:

• (a) contains any quantity of natural or depleted uranium that was irradiated only in a thermal-neutron reactor, if the facility does not contain any other fissionable materials nor significant quantities of graphite, heavy water, beryllium, or other moderators more effective than light water;

• (b) does not exceed 500 g of contained ²³³U, 700 g of ²³⁵U, 450 g of ²³⁹Pu, or 450 g of any combination of those three isotopes, if the facility does not contain any other fissionable materials nor significant quantities of graphite, heavy water, beryllium, or other moderators more effective than light water; or

• (c) does not exceed 80% of the appropriate smallest critical mass. (installation de gestion des déchets de combustible nucléaire)

nuclear fuel waste processing facility

nuclear fuel waste processing facility means a facility for the

• (a) processing of nuclear fuel that has been removed from a nuclear reactor; or

• (b) storage or management of nuclear fuel that has been removed from a nuclear reactor and that is not eligible to be stored or managed at a nuclear fuel waste management facility. (installation de traitement des déchets de combustible nucléaire)

power reactor

power reactor means a nuclear reactor with the capacity to produce electricity for commercial purposes. (réacteur de puissance)

radioactive waste management facility

radioactive waste management facility means a facility for the storage, management or processing of material that has been 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 and excluding nuclear fuel that has been removed from a nuclear reactor. (installation de gestion des déchets radioactifs)

reactor of less than 1 MW

reactor of less than 1 MW means a nuclear reactor with the capacity to produce less than 1 MW of thermal output. (réacteur de moins de 1 MW)

reactor of 1 MW to 7 MW

reactor of 1 MW to 7 MW means a nuclear reactor with the capacity to produce from 1 MW to 7 MW of thermal output, inclusive. (réacteur de 1 MW à 7 MW)

reactor of over 7 MW

reactor of over 7 MW means a nuclear reactor, other than a power reactor, with the capacity to produce more than 7 MW of thermal output. (réacteur de plus de 7 MW)

Designation of Nuclear Installations and Operators

Marginal note:Designation of nuclear installations

• 2 (1) The sites set out in column 1 of the schedule are designated as nuclear installations.

• Marginal note:Class

  (2) The class set out in column 2 of the schedule indicates the class of the nuclear installation set out in column 1.

• Marginal note:Description of site

  (3) The sites are described in column 3 of the schedule.

• Marginal note:List of facilities

  (4) The facilities at each site that are authorized to contain nuclear material are listed in column 4 of the schedule.

• Marginal note:Designation of operator

  (5) The holder of the licence set out in column 5 of the schedule is designated as the operator of the nuclear installation set out in column 1.

Marginal note:Subsection 2(2) and column 2 of the schedule

3 Subsection 2(2) and column 2 of the schedule do not form part of these Regulations but are included for convenience only.

Risk and Classes of Nuclear Installations

Marginal note:Risk – facilities

• 4 (1) For the purposes of subsection (2), facilities are ranked from the highest to lowest risk in the following order:

  • (a) power reactor;

  • (b) reactor of over 7 MW;

  • (c) nuclear fuel waste processing facility;

  • (d) nuclear fuel waste management facility;

  • (e) nuclear fuel conversion facility;

  • (f) nuclear fuel production facility;

  • (g) reactor of 1 MW to 7 MW;

  • (h) radioactive waste management facility; and

  • (i) reactor of less than 1 MW.

• Marginal note:Classes of nuclear installations

  (2) For the purposes of paragraph 24(2)(b) of the Act and section 5 of these Regulations, the following classes of nuclear installations are prescribed:

  • (a) the Power Reactor Class is a class of nuclear installation at which the facility with the highest risk is a power reactor;

  • (b) the Reactor of over 7 MW Class is a class of nuclear installation at which the facility with the highest risk is a reactor of over 7 MW;

  • (c) the Nuclear Fuel Waste Processing Facility Class is a class of nuclear installation at which the facility with the highest risk is a nuclear fuel waste processing facility;

  • (d) the Nuclear Fuel Waste Management Facility Class is a class of nuclear installation at which the facility with the highest risk is a nuclear fuel waste management facility;

  • (e) the Nuclear Fuel Conversion Facility Class is a class of nuclear installation at which the facility with the highest risk is a nuclear fuel conversion facility;

  • (f) the Nuclear Fuel Production Facility Class is a class of nuclear installation at which the facility with the highest risk is a nuclear fuel production facility;

  • (g) the Reactor of 1 MW to 7 MW Class is a class of nuclear installation at which the facility with the highest risk is a reactor of 1 MW to 7 MW;

  • (h) the Radioactive Waste Management Facility Class is a class of nuclear installation at which the facility with the highest risk is a radioactive waste management facility; and

  • (i) the Reactor of less than 1 MW Class is a class of nuclear installation at which the facility with the highest risk is a reactor of less than 1 MW.

Limit of Liability

Marginal note:Operator’s liability

5 The liability of an operator of a class of nuclear installations for damage resulting from a nuclear incident is limited to

• (a) $180 million for the Reactor of over 7 MW Class;

• (b) $40 million for the Nuclear Fuel Waste Processing Facility Class;

• (c) $13 million for the Nuclear Fuel Waste Management Facility Class;

• (d) $3.3 million for the Nuclear Fuel Conversion Facility Class;

• (e) $2.3 million for the Nuclear Fuel Production Facility Class;

• (f) $1.3 million for the Reactor of 1 MW to 7 MW Class;

• (g) $1 million for the Radioactive Waste Management Facility Class; and

• (h) $0.5 million for the Reactor of less than 1 MW Class.

Coming into Force

Marginal note:

Footnote ^*6 These Regulations come into force on the day on which sections 7, 24 and 78 of the Nuclear Liability and Compensation Act come into force.

• Return to footnote ^*[Note: Regulations in force January 1, 2017, see SI/2016-23.]