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

Regulations are current to 2021-04-20 and last amended on 2018-05-25. Previous Versions

Nuclear Liability and Compensation Regulations

SOR/2016-88

NUCLEAR LIABILITY AND COMPENSATION ACT

Registration 2016-05-06

Nuclear Liability and Compensation Regulations

P.C. 2016-306 2016-05-06

Whereas, pursuant to subsection 7(1) of the Nuclear Liability and Compensation ActFootnote a, the Minister of Natural Resources has consulted the Canadian Nuclear Safety Commission;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to sections 7, 24 and 78 of the Nuclear Liability and Compensation ActFootnote a, makes the annexed Nuclear Liability and Compensation Regulations.

Interpretation

Marginal note:Definitions

 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

  •  (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

 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

  •  (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

 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:

  • S.C. 2015, c. 4, s. 120
  • Footnote * 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.

    SCHEDULE(Section 2)

    Designation of Nuclear Installations and Operators

    Column 1Column 2Column 3Column 4Column 5
    ItemSiteClassDescriptionFacilitiesOperator
    1Bruce Nuclear Generating Stations A and BPower Reactor

    The site is located on the shore of Lake Huron in the Municipality of Kincardine, Ontario, and is more particularly described as Parts 31, 37 to 53, 56 to 63, 73, 89, 91 to 95 and 121 to 127 on Reference Plan 3R 7352, Parts 108 to 110 on Reference Plan 3R 7352, Parts 4 to 8, 11 to 13, 15, 16 and 18 to 27 on Reference Plan 3R 7351, Part 1 on Reference Plan 3R 7355, Part 10 on Reference Plan 3R 7351, Part 17 on Reference Plan 3R 7351, Parts 2 to 4 on Reference Plan 3R 7015, Parts 1 to 5, 7 to 11, 13 to 20, 27, 28, 66, 67, 71, 79, 80, 84, 87, 88, 90 and 112 to 120 on Reference Plan 3R 7352, Parts 1 and 2 on Reference Plan 3R 8208, Parts 96, 98 and 106 on Reference Plan 3R 7352 and Parts 1 to 3 on Reference Plan 3R 7019.

    Title documents for the subject parcels of land are registered in the Bruce Land Registry (NO. 3) in Ontario.

    Station A

    • 1 Four-unit power reactor

    • 2 Facility for the storage of irradiated fuel

    Station B

    • 1 Four-unit power reactor

    • 2 Facility for the storage of irradiated fuel

    Holder of the licence for the Station A four-unit power reactor and the Station B four-unit power reactor
    2Darlington Nuclear Generating StationPower ReactorThe site is located on the shore of Lake Ontario in the Municipality of Clarington, Regional Municipality of Durham, Ontario, and is more particularly described in property identification numbers 26606-0051(LT), 26606-0052(LT), 26606-0053(LT), 26606-0085(LT), 26606-0134(LT) and 26606-0279(LT).
    • 1 Four-unit power reactor

    • 2 Facility for the storage of irradiated fuel

    Holder of the licence for the four-unit power reactor
    3Gentilly-2Nuclear Fuel Waste Management FacilityThe site is located in Bécancour, Quebec, on the south shore of the St. Lawrence River, at the mouth of the Gentilly River, on lots 3 294 085, 3 294 086, 3 294 087, 3 294 102, 3 294 103, 3 685 137, and 3 685 155, cadastre of Quebec, registration division of Nicolet, as they existed on March 20, 2015. The survey plans and documents under which the lots were acquired can be consulted in the Land Register of Quebec.
    • 1 Nuclear fuel waste management facility

    • 2 Retired power reactor placed in storage under surveillance

    Holder of the licence for the nuclear fuel waste management facility
    4Pickering Nuclear Generating StationPower ReactorThe site is located on the shore of Lake Ontario, in the city of Pickering, Regional Municipality of Durham, Ontario, and is more particularly described in property identification numbers 26326-0136(LT) (part thereof), 26326-0148(LT) and 26326-0149(LT).
    • 1 Eight-unit power reactor

    • 2 Facilities for the storage of irradiated fuel

    Holder of the licence for the eight-unit power reactor
    5Point Lepreau Nuclear Generating StationPower ReactorThe site is located in New Brunswick on the Lepreau peninsula, 40 km southwest of Saint John on Route 790, and is more particularly described in property identification numbers 00274910, 00276592, 00427138, 00471136, 01231323, 55001911, 55003248, 55010086, 55062640, 55062657, 55062665 and 55094429. Title documents for the subject parcels of land are registered in the Registry Offices for the Counties of Saint John and Charlotte in New Brunswick.
    • 1 Single-unit power reactor

    • 2 Facility for the storage of irradiated fuel

    Holder of the licence for the single-unit power reactor
    6Chalk River LaboratoriesReactor of over 7 MWThe site is located near the village of Chalk River in Renfrew County, Ontario, on the south shore of the Ottawa River, approximately 200 km northwest of Ottawa, and is more particularly described in property identification numbers 57074 0021(LT), 57075 0003(LT) and 57076 0049(LT).
    • 1 Single-unit reactor of over 7 MW

    • 2 Nuclear fuel waste processing facilities

    • 3 Retired nuclear reactor structures

    • 4 Facilities for nuclear fuel production and nuclear substance processing

    • 5 Radioactive waste processing and storage facilities

    Holder of the licence for the single-unit reactor of over 7 MW
    7McMaster Nuclear ReactorReactor of 1 MW to 7 MWThe site is located in the Reactor Building at McMaster University at 1280 Main Street West, Hamilton, Ontario L8S 4K1.
    • 1 Reactor of 1 MW to 7 MW

    Holder of the licence for the reactor of 1 MW to 7 MW
    8École Polytechnique: SLOWPOKE 2 ReactorReactor of less than 1 MWThe site is located in the Main Pavilion, Room B277.5, principal building, École Polytechnique de Montréal, 2900, Edouard-Montpetit, Montréal, Quebec H3T 1J4.
    • 1 Reactor of less than 1 MW

    Holder of the licence for the reactor of less than 1 MW
    9Royal Military College of Canada: SLOWPOKE 2 ReactorReactor of less than 1 MWThe site is located at the Royal Military College of Canada at the Department of Chemistry and Chemical Engineering, Sawyer Building Module 5, 11 General Crerar Crescent, P.O. Box 17000, Stn Forces, Kingston, Ontario K7K 7B4, consisting of Rooms 1500G, 1500H, 1500J, 1500K, 1500M, 1500N, 2507, 2507A, 2507B, 2507C and 2507D.
    • 1 Reactor of less than 1 MW

    Holder of the licence for the reactor of less than 1 MW
    10Saskatchewan Research Council: SLOWPOKE 2 ReactorReactor of less than 1 MWThe site is located at the Saskatchewan Research Council at 102-422 Downey Road, Saskatoon, Saskatchewan S7N 4N1, in the Environmental Analytical Laboratories building and consisting of the Reactor Room, Uranium Analysis Laboratory, Neutron Activation Analysis Laboratory and Sample Storage Room.
    • 1 Reactor of less than 1 MW

    Holder of the licence for the reactor of less than 1 MW
    11[Repealed, SOR/2017-285, s. 2]
    12Cameco Fuel ManufacturingNuclear Fuel Production FacilityThe site is located at 200 Dorset Street East, Port Hope, Ontario, and is more particularly described in Parts 1 and 2 of instrument number 89833 deposited in the Land Registry Office, Town of Port Hope.
    • 1 Nuclear fuel production facility

    Holder of the licence for the nuclear fuel production facility
    13Port Hope Conversion FacilityNuclear Fuel Conversion FacilityThe site is located at 1 Eldorado Place, Port Hope, and at the corner of Nelson Street and Dorset Street East, Port Hope, in the County of Northumberland, formerly the County of Durham, Ontario, and is more particularly described in instrument numbers N12702 and N19988 deposited in the Land Registry Office, Town of Port Hope.
    • 1 Nuclear fuel conversion facility

    Holder of the licence for the nuclear fuel conversion facility
    14Douglas Point Waste Storage FacilityNuclear Fuel Waste Management FacilityThe site is located on the eastern shore of Lake Huron in the Municipality of Kincardine, Ontario, and is more particularly described in property identification number 33285 0178(LT).
    • 1 Nuclear fuel waste management facility

    • 2 Retired prototype nuclear power station placed in storage under surveillance

    Holder of the licence for the nuclear fuel waste management facility
    15Gentilly 1 – Waste Storage FacilityNuclear Fuel Waste Management FacilityThe site is located in Bécancour, Quebec, on the south shore of the St. Lawrence River, at the mouth of the Gentilly River, on lots 3 295 171, 3 685 136 and 3 685 138 to 3 685 143, Cadastre of Quebec, registration division of Nicolet, as they existed on March 20, 2015. The survey plans and documents under which the lots were acquired can be consulted in the Land Register of Quebec.
    • 1 Nuclear fuel waste management facility

    • 2 Retired power reactor placed in storage under surveillance

    Holder of the licence for the nuclear fuel waste management facility
    16Western Waste Management FacilityNuclear Fuel Waste Management FacilityThe site is located on the shore of Lake Huron in the Municipality of Kincardine, Ontario, and is more particularly described in property identification number 33285 0168(LT) (part thereof).
    • 1 Nuclear fuel waste management facility

    Holder of the licence for the nuclear fuel waste management facility
    17Whiteshell Nuclear Research EstablishmentNuclear Fuel Waste Management FacilityThe site is located approximately 10 km west of Pinawa, and 100 km northeast of Winnipeg, on the east bank of the Winnipeg River, Manitoba, and is more particularly described in Atomic Energy Control Board Order Number 2/14/74, as published in the Canada Gazette, Part I, on June 8, 1974.
    • 1 Nuclear fuel waste management facilities

    • 2 Retired nuclear reactor structures

    Holder of the licence for the nuclear fuel waste management facilities
    18Nuclear Power Demonstration Waste Management FacilityRadioactive Waste Management FacilityThe site is located in the town of Laurentian Hills in Renfrew County, Ontario, approximately 200 km northwest of Ottawa and is situated adjacent to the west bank of the Ottawa River, and is more particularly described in property identification number 57047 0003.
    • 1 Radioactive waste management facility

    Holder of the licence for the radioactive waste management facility
    • SOR/2017-285, ss. 1, 2
    Date modified: