Bill C-22
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TABLE OF PROVISIONS
AN ACT RESPECTING CANADA’S OFFSHORE OIL AND GAS OPERATIONS, ENACTING THE NUCLEAR LIABILITY AND COMPENSATION ACT, REPEALING THE NUCLEAR LIABILITY ACT AND MAKING CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
SHORT TITLE
1. Energy Safety and Security Act
PART 1
MODERNIZING CANADA’S OFFSHORE OIL AND GAS OPERATIONS REGIME
Canada Oil and Gas Operations Act
2–28.
Canada Petroleum Resources Act
29–36.
Canada-Newfoundland Atlantic Accord Implementation Act
37–70.
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
71–109.
Consequential Amendments
110–115. Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act
116. Budget and Economic Statement Implementation Act, 2007
Coordinating Amendments
117. Bill C-5
118. Bill C-15
Coming into Force
119. Order in council
PART 2
NUCLEAR LIABILITY AND COMPENSATION ACT
ENACTMENT OF ACT
120. Enactment
AN ACT RESPECTING CIVIL LIABILITY AND COMPENSATION FOR DAMAGE IN CASE OF A NUCLEAR INCIDENT, REPEALING THE NUCLEAR LIABILITY ACT AND MAKING CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
SHORT TITLE
1. Nuclear Liability and Compensation Act
INTERPRETATION
2. Definitions
PURPOSE OF ACT
3. Civil liability and compensation
DESIGNATION OF MINISTER
4. Minister
NON-APPLICATION
5. Non-application — war, etc.
HER MAJESTY
6. Binding on Her Majesty
DESIGNATION OF NUCLEAR INSTALLATIONS AND OPERATORS
7. Designation of nuclear installations
LIABILITY FOR NUCLEAR INCIDENTS
Operator’s Liability
8. Limitation
9. Liability — Canada
10. Absolute liability
11. Liability — jointly and severally, or solidarily
12. Person responsible for nuclear incident
13. No recourse
Compensable Damage
14. Bodily injury or damage to property
15. Psychological trauma
16. Liability for economic loss
17. Costs and wages
18. Environmental damage — Canada
19. Environmental damage — Contracting State other than Canada
20. Preventive measures — Canada
21. Preventive measures — Contracting State other than Canada
22. Damage attributable to concomitant nuclear incidents
23. Damage to means of transport, structure or site
Financial Provisions
24. Limit of operator’s liability
25. Liability — transportation
26. Review by Minister
27. Operator’s obligation
28. Insurance
29. Approved insurer
30. Suspension or cancellation
31. Indemnity agreements — general rule
32. Nuclear Liability Account
Preservation of Certain Rights and Obligations
33. Certain rights and obligations not limited
Judicial Proceedings
34. Where action is to be brought
35. Limitation on bringing actions and claims
NUCLEAR CLAIMS TRIBUNAL
Governor in Council’s Declaration
36. Declaration
37. Effect of declaration
Report to Parliament
38. Report on nuclear incident
Interim Financial Assistance
39. Interim financial assistance
40. Power to make agreements
Establishment of a Nuclear Claims Tribunal
41. Tribunal’s establishment
42. Public notice
43. Members of Tribunal
44. Term of office
45. Immunity
46. Tribunal’s staff
47. Technical or specialized knowledge
48. Inconsistency
Tribunal’s Powers and Duties
49. Hearings
50. Intervenor
51. Powers — witnesses and documents
52. Examinations
53. Frivolous or vexatious claims
54. Report on Tribunal’s activities
55. Rules
Claims
56. Panels
57. Notice
58. Public hearings
59. Interim award of compensation
60. Notice — decision
Rehearing and Appeal
61. Rehearing of claims officer’s decision
62. Appeal
63. Judicial review
Financial Provisions
64. Payment of awards
65. Recovery of overpayment
66. Payments out of Nuclear Liability Account
67. Operator’s liability to Her Majesty
68. Limit of payments
69. Changes to reductions
RECIPROCATING AGREEMENTS
70. Reciprocating countries
OTHER INTERNATIONAL OBLIGATIONS
71. Additional liability — call for public funds
72. Financial contribution — call for funds by Canada
73. Canada’s financial contribution — call for funds by other Contracting State
74. Reimbursement
75. Recognition of settlements — Contracting State other than Canada
76. Subrogation — contribution by Canada
OFFENCE AND PUNISHMENT
77. Failure to maintain financial security
REGULATIONS
78. Regulations — general
79. Regulations — Tribunal
80. Regulations — compensation
Amendments to the Nuclear Liability and Compensation Act
121–122.
Consequential Amendments
123. Transportation of Dangerous Goods Act, 1992
124–126. Nuclear Safety and Control Act
Terminology
127. Replacement of “Nuclear Liability Reinsurance Account”
Repeal
128. Nuclear Liability Act
Coming into Force
129. Order in council
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4