Hyperlaw

Provision

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, makes the annexed Order Respecting Ex Gratia Payments to Workers Involved in Chalk River Nuclear Decontamination.

s. 1 — Definitions

The following definitions apply in this Order.

s. 1, definition “aecl”

AECL means Atomic Energy of Canada Limited. (ÉACL)

s. 1, definition “minister”

Minister means the Minister of Natural Resources. (ministre)

s. 1, definition “worker”

worker means a full-time, part-time, seasonal or casual employee of AECL; an individual engaged as a contractor by AECL or engaged as a subcontractor of the contractor; and an employee of that contractor or subcontractor. (travailleur)

s. 2 — Authorization

s. 2(1)

Subject to subsection (2), the Minister is authorized, on application under section 4, to make an ex gratia payment of $28,500 to a worker who actively participated in on-site clean up or decontamination activities at AECL’s Chalk River, Ontario, nuclear reactor facilities during either or both of the following periods:

s. 2(1)(a)

the period beginning on December 12, 1952 and ending on December 31, 1953; or

s. 2(1)(b)

the period beginning on May 23, 1958 and ending on December 31, 1958.

s. 2(2) — Ineligibility

No person who was eligible for an ex gratia payment as a veteran or science and technology worker under section 2 of the Order Respecting Ex Gratia Payments to Veterans and Science and Technology Workers Involved in Nuclear Weapons Testing or Nuclear Decontamination 1, is eligible for a payment under this Order whether or not the person made an application under that Order. SI/2008-95

s. 3 — Death of worker

In the case of a worker who would otherwise meet the criteria set out in section 2 but who has died, the Minister is authorized, on application under section 4, to make the payment set out in section 2

s. 3(a)

if the worker died testate and the distribution of the estate or the liquidation of the succession of the worker has not been completed, to the executor or administrator of the estate or liquidator of the succession;

s. 3(b)

if the worker died testate and the distribution of the estate or the liquidation of the succession of the worker has been completed, to the natural person who is entitled under the will to the residue of the estate or succession and who is alive at the date this Order is made or, if there are two or more such persons, to those persons on a pro rata basis of their share of the residue; or

s. 3(c)

if the worker died intestate, to the adult who was ordinarily living with the worker at the time of the worker’s death and was primarily responsible for providing care to the worker without remuneration and who is alive at the date this Order is made or, if there are two or more such adults, to those adults on a pro rata basis.

s. 4 — Application

s. 4(1)

An application for an ex gratia payment under section 2 or 3 must be submitted to the Minister on or before March 31, 2023 by the worker who meets the criteria set out in section 2, or by the person or persons referred to in section 3, in the form approved by the Minister and supported by any evidence that the Minister considers necessary.

s. 4(2) — Late applications

If an application is submitted after March 31, 2023, the application may be accepted by the Minister if the Minister is satisfied that the applicant was unable to submit the application before that date because of facts or circumstances beyond their control.

s. 5 — Payment

s. 5(1)

A payment under section 2 or 3 consists of a one-time lump sum payment.

s. 5(2) — Time limit

No payment is to be made by the Minister under this Order after March 31, 2024, unless circumstances beyond the control of the applicant necessitate a longer period for payment.

s. 6 — No Crown liability

A payment made under this Order does not constitute an admission of liability on the part of the Crown.