ARTICLE
21 April 2010

Federal Government Reintroduces Proposed Changes to Nuclear Liability Legislation

DW
Davies Ward Phillips & Vineberg

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On April 16, 2010, the federal government reintroduced Bill C-15 – Nuclear Liability and Compensation Act to amend and replace Canada's existing nuclear liability regime with respect to nuclear incidents.
Canada Energy and Natural Resources

On April 16, 2010, the federal government reintroduced Bill C-15 – Nuclear Liability and Compensation Act to amend and replace Canada's existing nuclear liability regime with respect to nuclear incidents. Bill C-15 is in substance identical to numerous other bills that have been introduced by the federal government over the past three years to amend and replace the existing Nuclear Liability Act, each of which has died on the Order Paper with the prorogation of Parliament. The most significant change proposed by these bills is the increase in the maximum liability for operators of nuclear installations for damage resulting from a nuclear incident from $75 million to $650 million (per nuclear installation). This amount would be publicly reviewed at least every five years by the federal government and, if appropriate, could be increased by regulation. Bill C-15 would require the first public review of the maximum liability for operators to be completed within 15 months of Bill C-15 coming into force. The federal government has been attempting to modernize Canada's nuclear liability regime for decades, but earlier attempts have either met with constitutional challenge or died on the Order Paper. Bill C-15 would bring Canada's nuclear liability regime more in line with international standards and is consistent with the Harper government's commitment to modernize Canada's nuclear regulatory framework.

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