GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nuclear Liability and Compensation Act — N-28.1 40
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.
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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. 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. 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.
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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. 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 .
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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. 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 . Remuneration (3) The members are to be paid the remuneration and expenses fixed by the Governor in Council.
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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.
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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.
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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.
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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.
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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.
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Hearings 49 The Tribunal is to hold its hearings in Canada at the times and locations that it considers appropriate.
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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.
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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. 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. 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.
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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.
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Frivolous or vexatious claims 53 The Tribunal may refuse to hear any claim referred to it that it considers to be frivolous or vexatious.
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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.
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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.
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Panels 56 (1) The chairperson may establish panels of the Tribunal consisting of one or more members to hear claims. 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. 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.
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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.
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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.
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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. 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.
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Notice — decision 60 (1) The Tribunal must notify the claimant and the operator of its decision with respect to the claim. 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. 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.
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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.
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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. Hearing of appeal (2) The appeal is to be heard and decided by a panel consisting of three other members. 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.
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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.
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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).
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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 .
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Payments out of Nuclear Liability Account 66 (1) All payments made by the Minister are to be paid out of the Nuclear Liability Account. 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.
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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. 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. 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. 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. 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 . 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.
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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). 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. 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.
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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. 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. 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.
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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. 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. 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.
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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. 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. 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. 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. 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.
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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. 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. 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.
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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.
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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.
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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. 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. 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. 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. 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.
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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. 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.
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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.
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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.
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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.
Nuclear Liability and Compensation Act — N-28.1 1
1 Compensation in respect of nuclear damage per nuclear incident shall be ensured by the following means: (a) (i) the Installation State shall ensure the availability of 300 million SDRs or a greater amount that it may have specified to the Depositary at any time prior to the nuclear incident, or a transitional amount pursuant to subparagraph (ii); (ii) a Contracting Party may establish for the maximum of 10 years from the date of the opening for signature of this Convention, a transitional amount of at least 150 million SDRs in respect of a nuclear incident occurring within that period. ...