Canada: Canada’s New Nuclear Liability And Compensation Regime Under Review By Senate Committee

Last Updated: January 8 2015
Article by Daniel Bénay and Maxime Léveillé

Most Read Contributor in Canada, September 2018

Bill C-22, 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 (the "Bill") was first introduced in the House of Commons on January 30 2014 and was referred to the Standing Senate Committee on Energy, the Environment and Natural Resources for study on December 4, 2014.

The Bill is organized into two parts : Part 1 relates to Canada's offshore oil and gas regime, and Part 2 proposes to replace the existing nuclear liability regime under the Nuclear Liability Act (Canada) with a new Nuclear Liability and Compensation Act (the "Act").

The Act is the government's sixth attempt to bolster Canada's forty year old regime of civil liability for nuclear incidents, after Private Bill C-415, Bill C-63, Bill C-5, Bill C-20 and Bill C-15 failed to be passed. The current regime, which was adopted in 1976, is outdated and is out of line with international standards, especially with respect to the $75 million liability cap that is lower than in most jurisdictions.

The Act follows through on the government's objective to establish a strengthened compensation and civil liability regime to address damages resulting from a nuclear accident and to reflect the provisions of the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage.

Key measures proposed by the Act include the following:

  • Geographical Extent of Liability : If a nuclear incident occurs, the operator is liable for damage caused within (i) Canada or its exclusive economic zone, (ii) a State other than Canada that has ratified, accepted or approved the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage or such State's exclusive economic zone, or (iii) a country that has implemented an arrangement with Canada relating to compensation for injury or damage resulting from nuclear material.
  • Preservation of Principle of Absolute Liability : As with the existing regime, subject to certain exceptions, the operator's liability for damage caused by a nuclear incident is absolute. Therefore no proof of tort (or fault within the meaning of the Civil Code of Québec) is required. This principle applies even if a nuclear incident is caused by "terrorist activity" (as defined in the Criminal Code).
  • Preservation of Principle of Exclusive Liability : As with the existing regime, no person other than an operator is liable for damage that is caused by a nuclear incident. Consequently, in respect of damage that is caused by a nuclear incident, an operator has no right of recourse against any person other than an individual who intentionally caused the nuclear incident by an act or omission. If two or more operators are liable, each is jointly and severally (or solidarily within the meaning of the Civil Code of Québec), liable to the extent that it cannot reasonably be determined what portion of the liability is attributable to each operator.
  • Exclusion of Other Sources of Liability : An operator is not liable for any resulting damage other than that provided for under the Act.
  • Compensable Damage : Unlike the existing regime, the Act provides for specific compensable damages, including bodily injury or death and damage to property, psychological trauma suffered by a person if it results from bodily injury to that person, economic loss incurred by a person as a result of bodily injury, damage to property, or psychological trauma resulting from bodily injury, costs incurred by a person who loses the use of property and the resulting wage loss by that person's employees, and reasonable costs of remedial measures taken to repair, reduce or mitigate environmental damage.
  • Increase of Liability Cap : Whereas the existing regime limits an operator's liability for damage resulting from a nuclear incident to $75 million, the Act provides for a progressive increase in the operator's liability as follows:
    • $650 million if the nuclear incident arises within one year after the Act comes into force;
    • $750 million if the nuclear incident arises during the second year after the Act comes into force;
    • $850 million if the nuclear incident arises during the third year after the Act comes into force; and
    • $1 billion if the nuclear incident arises after the third year after the Act comes into force.
  • Preservation of Financial Security : An operator must maintain, for each of the operator's nuclear installations, financial security to compensate persons who suffer damage that is caused by a nuclear incident, in an amount that is equal to the applicable liability cap. The financial security is to be in the form of an insurance policy with an approved insurer.
  • Limitation Period : As with the existing regime, an action or claim must be brought within three years. While the Governor in Council (executive branch of government in Canada) may extend this limitation period by regulation, no action or claim is to be brought (i) in relation to bodily injury or death, 30 years after the day on which the nuclear incident to which the action or claim relates occurred, and (ii) in any other case, 10 years after the day on which the nuclear incident to which the action or claim relates occurred.
  • Jurisdiction : While an action involving damage that is caused by a nuclear incident must be brought in the court in Canada that has jurisdiction in the place where the incident occurs, the Governor in Council may declare that claims in respect of a nuclear incident are to be dealt with by a nuclear claims tribunal, if he or she believes that it is in the public interest to do so, having regard to the extent and the estimated cost of the damage and the advantages of having the claims dealt with by an administrative tribunal.

The latest version of the Bill (as passed by the House of Commons) is available here.

To view the original article please click here.

After the Standing Senate Committee on Energy, the Environment and Natural Resources studies the Bill, it will report back to the Senate. We will continue to monitor the progress of the Bill.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions