Nuclear Liability and Compensation Regulations

Contents

Whereas, pursuant to subsection 7(1) of the Nuclear Liability and Compensation Act, the Minister of Natural Resources has consulted the Canadian Nuclear Safety Commission;^noteTherefore, 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 Act, makes the annexed Nuclear Liability and Compensation Regulations.

Interpretation

1Definitions#

The following definitions apply in these Regulations.

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

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

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 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 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 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

2Designation of nuclear installations#

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

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

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

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

(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.

3Subsection 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

4Risk – 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.

(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

5Operator’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

*6S.C. 2015, c. 4, s. 120#

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.

(Section 2)

| Column 1 | Column 2 | Column 3 | Column 4 | Column 5Item | Site | Class | Description | Facilities | Operator1 | Bruce Nuclear Generating Stations A and B | Power 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 A1Four-unit power reactor2Facility for the storage of irradiated fuelStation B1Four-unit power reactor2Facility 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 reactor2 | Darlington Nuclear Generating Station | Power Reactor | The 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). | 1Four-unit power reactor2Facility for the storage of irradiated fuel | Holder of the licence for the four-unit power reactor3 | Gentilly-2 | Nuclear Fuel Waste Management Facility | The 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. | 1Nuclear fuel waste management facility2Retired power reactor placed in storage under surveillance | Holder of the licence for the nuclear fuel waste management facility4 | Pickering Nuclear Generating Station | Power Reactor | The 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). | 1Eight-unit power reactor2Facilities for the storage of irradiated fuel | Holder of the licence for the eight-unit power reactor5 | Point Lepreau Nuclear Generating Station | Power Reactor | The 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. | 1Single-unit power reactor2Facility for the storage of irradiated fuel | Holder of the licence for the single-unit power reactor6 | Chalk River Laboratories | Reactor of over 7 MW | The 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). | 1Single-unit reactor of over 7 MW2Nuclear fuel waste processing facilities3Retired nuclear reactor structures4Facilities for nuclear fuel production and nuclear substance processing5Radioactive waste processing and storage facilities | Holder of the licence for the single-unit reactor of over 7 MW7 | McMaster Nuclear Reactor | Reactor of 1 MW to 7 MW | The site is located in the Reactor Building at McMaster University at 1280 Main Street West, Hamilton, Ontario L8S 4K1. | 1Reactor of 1 MW to 7 MW | Holder of the licence for the reactor of 1 MW to 7 MW8 | École Polytechnique: SLOWPOKE 2 Reactor | Reactor of less than 1 MW | The site is located in the Main Pavilion, Room B277.5, principal building, École Polytechnique de Montréal, 2900, Edouard-Montpetit, Montréal, Quebec H3T 1J4. | 1Reactor of less than 1 MW | Holder of the licence for the reactor of less than 1 MW9 | Royal Military College of Canada: SLOWPOKE 2 Reactor | Reactor of less than 1 MW | The 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. | 1Reactor of less than 1 MW | Holder of the licence for the reactor of less than 1 MW10 | [Repealed, SOR/2021-133, s. 1]11 | [Repealed, SOR/2017-285, s. 2]12 | Cameco Fuel Manufacturing | Nuclear Fuel Production Facility | The 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. | 1Nuclear fuel production facility | Holder of the licence for the nuclear fuel production facility13 | Port Hope Conversion Facility | Nuclear Fuel Conversion Facility | The 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. | 1Nuclear fuel conversion facility | Holder of the licence for the nuclear fuel conversion facility14 | Douglas Point Waste Storage Facility | Nuclear Fuel Waste Management Facility | The 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). | 1Nuclear fuel waste management facility2Retired prototype nuclear power station placed in storage under surveillance | Holder of the licence for the nuclear fuel waste management facility15 | Gentilly 1 – Waste Storage Facility | Nuclear Fuel Waste Management Facility | The 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. | 1Nuclear fuel waste management facility2Retired power reactor placed in storage under surveillance | Holder of the licence for the nuclear fuel waste management facility16 | Western Waste Management Facility | Nuclear Fuel Waste Management Facility | The 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). | 1Nuclear fuel waste management facility | Holder of the licence for the nuclear fuel waste management facility17 | Whiteshell Nuclear Research Establishment | Nuclear Fuel Waste Management Facility | The 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. | 1Nuclear fuel waste management facilities2Retired nuclear reactor structures | Holder of the licence for the nuclear fuel waste management facilities18 | Nuclear Power Demonstration Waste Management Facility | Radioactive Waste Management Facility | The 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. | 1Radioactive waste management facility | Holder of the licence for the radioactive waste management facility

Amendments not in force

— SOR/2026-198, s. 2The definitions power reactor, reactor of less than 1 MW, reactor of 1 MW to 7 MW and reactor of over 7 MW in section 1 of the Nuclear Liability and Compensation Regulations are replaced by the following:^notepower reactor means a nuclear reactor with the capacity to produce over 1 400 MW of thermal power to be used in the production of electricity or heat for commercial purposes. (réacteur de puissance)reactor of less than 1 MW means a nuclear reactor, other than a commercial reactor of 1 400 MW or less, with the capacity to produce less than 1 MW of thermal power. (réacteur de moins de 1 MW)reactor of 1 MW to 7 MW means a nuclear reactor, other than a commercial reactor of 1 400 MW or less, with the capacity to produce from 1 MW to 7 MW of thermal power, inclusive. (réacteur de 1 MW à 7 MW)reactor of over 7 MW means a nuclear reactor, other than a commercial reactor of 1 400 MW or less or a power reactor, with the capacity to produce more than 7 MW of thermal power. (réacteur de plus de 7 MW)Section 1 of the Regulations is amended by adding the following in alphabetical order:commercial reactor of 1 400 MW or less means a nuclear reactor with the capacity to produce 1 400 MW or less of thermal power to be used in the production of electricity or heat for commercial purposes. (réacteur commercial de 1 400 MW ou moins ) — SOR/2026-198, s. 3Subsection 4(1) of the Regulations is amended by adding the following after paragraph (a):commercial reactor of 1 400 MW or less;Subsection 4(2) of the Regulations is amended by adding the following after paragraph (a):the Commercial Reactor of 1 400 MW or Less Class is a class of nuclear installation at which the facility with the highest risk is a commercial reactor of 1 400 MW or less; — SOR/2026-198, s. 4Paragraphs 5(a) to (h) of the Regulations are replaced by the following:for the Commercial Reactor of 1 400 MW or Less Class, the amount determined by the formulais the thermal power that the reactor is capable of producing, expressed in MW;for the Reactor of over 7 MW Class, $226.8 million;for the Nuclear Fuel Waste Processing Facility Class, $50.4 million;for the Nuclear Fuel Waste Management Facility Class, $16.4 million;for the Nuclear Fuel Conversion Facility Class, $4.2 million;for the Nuclear Fuel Production Facility Class, $2.9 million;for the Reactor of 1 MW to 7 MW Class, $1.6 million;for the Radioactive Waste Management Facility Class, $1.3 million; andfor the Reactor of less than 1 MW Class, $0.6 million. — SOR/2026-198, s. 5The portion of item 1 of the schedule to the Regulations in columns 4 and 5 is replaced by the following: | Column 4 | Column 5Item | Facilities | Operator1 | Station A(1)Power reactors(2)Nuclear fuel waste management facilityStation B(1)Power reactors(2)Nuclear fuel waste management facility | Holder of the licence for the Station A power reactors and the Station B power reactors — SOR/2026-198, s. 6The portion of item 2 of the schedule to the Regulations in columns 3 to 5 is replaced by the following: | Column 3 | Column 4 | Column 5Item | Description | Facilities | Operator2 | The 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 26606-0367(LT), being Parts 1 to 5 on Reference Plan 40R-18819, save and except the Darlington New Nuclear Project lands, which correspond to Parts 1 to 11 on Reference Plan 40R-33099. | (1)Power reactors(2)Nuclear fuel waste management facilities(3)Radioactive waste management facility | Holder of the licence for the power reactors — SOR/2026-198, s. 7The portion of item 3 of the schedule to the Regulations in column 4 is replaced by the following: | Column 4Item | Facilities3 | (1)Nuclear fuel waste management facility(2)Radioactive waste management facility — SOR/2026-198, s. 8The portion of item 4 of the schedule to the Regulations in columns 3 to 5 is replaced by the following: | Column 3 | Column 4 | Column 5Item | Description | Facilities | Operator4 | The 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), 26326-0148(LT) and 26326-0149(LT), being part of Parts 1, 5 and 13 on Reference Plan 40R-18858 and Parts 1 and 2 and part of Part 3 on Reference Plan 40R-18880. | (1)Power reactors(2)Nuclear fuel waste management facilities(3)Radioactive waste management facilities | Holder of the licence for the power reactors — SOR/2026-198, s. 9The portion of items 5 and 6 of the schedule to the Regulations in columns 4 and 5 is replaced by the following: | Column 4 | Column 5Item | Facilities | Operator5 | (1)Power reactor(2)Nuclear fuel waste management facilities | Holder of the licence for the power reactor6 | (1)Reactor of over 7 MW(2)Nuclear fuel waste processing facilities(3)Nuclear fuel production facilities(4)Radioactive waste management facilities(5)Reactor of less than 1 MW | Holder of the licence for the reactor of over 7 MW — SOR/2026-198, s. 10The portion of items 7 to 9 of the schedule to the Regulations in column 4 is replaced by the following: | Column 4Item | Facilities7 | (1)Reactor of 1 MW to 7 MW8 | (1)Reactor of less than 1 MW9 | (1)Reactor of less than 1 MW — SOR/2026-198, s. 11The portion of items 12 and 13 of the schedule to the Regulations in columns 3 and 4 is replaced by the following: | Column 3 | Column 4Item | Description | Facilities12 | The site is located at 200 Dorset Street East, Port Hope, Ontario, and is more particularly described in property identification number 51081-0036(LT), being Parts 1 to 3 on Reference Plan 9R-2776. | (1)Nuclear fuel production facility13 | The site is located at 1 Eldorado Place, Port Hope, Ontario, and is more particularly described in property identification number 51072-0248(LT), being lands that include parts of lot 2 and 7 of the Broken Front Concession. | (1)Nuclear fuel conversion facility — SOR/2026-198, s. 12The portion of items 14 and 15 of the schedule to the Regulations in column 4 is replaced by the following: | Column 4Item | Facilities14 | (1)Nuclear fuel waste management facility(2)Radioactive waste management facility15 | (1)Nuclear fuel waste management facility(2)Radioactive waste management facility — SOR/2026-198, s. 13The portion of item 16 of the schedule to the Regulations in columns 3 and 4 is replaced by the following: | Column 3 | Column 4Item | Description | Facilities16 | The site is located on the shore of Lake Huron in the Municipality of Kincardine, Ontario, and is more particularly described in property identification numbers 33285-0168(LT) and 33285-0171(LT), being Parts 21 and 24 and part of Part 25 on Reference Plan 3R-7352. | (1)Nuclear fuel waste management facility(2)Radioactive waste management facility — SOR/2026-198, s. 14The portion of items 17 and 18 of the schedule to the Regulations in column 4 is replaced by the following: | Column 4Item | Facilities17 | (1)Nuclear fuel waste management facilities(2)Radioactive waste management facilities18 | (1)Radioactive waste management facility — SOR/2026-198, s. 15The schedule to the Regulations is amended by adding the following after item 18: | Column 1 | Column 2 | Column 3 | Column 4 | Column 5Item | Site | Class | Description | Facilities | Operator19 | Darlington New Nuclear Project | Commercial Reactor of 1 400 MW or Less | The 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 number 26606-0134(LT), being Parts 1 to 11 on Reference Plan 40R-33099. | (1)Commercial reactor of 1 400 MW or less | Holder of the licence for the commercial reactor of 1 400 MW or less

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.