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FederalDid not become law (session ended)40th Parliament, 3rd Session

Bill C-15 explained in plain English

An Act respecting civil liability and compensation for damage in case of a nuclear incident

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 3rd Session
Bill number
Bill C-15
Full title
An Act respecting civil liability and compensation for damage in case of a nuclear incident
Current status
Did not become law (session ended)
Latest event
At second reading in the House of Commons
Last updated
May 14, 2010

Official Parliament of Canada snapshot for 40th Parliament, 3rd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the House of Commons
Latest Activity
May 14, 2010
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill C-15 establishes that nuclear operators are absolutely liable for compensation up to $650 million for damage caused by nuclear incidents, must maintain financial security for this amount, and creates a mechanism for an administrative tribunal to handle compensation claims when major incidents occur.

What It Means

Bill C-15 establishes a new legal framework for dealing with civil liability and compensation following a nuclear incident in Canada. Under this bill, nuclear operators become absolutely and exclusively responsible for compensating people who suffer damage from radiation or other hazards related to their nuclear installations. The operator's liability is capped at $650 million per incident, though this amount can be increased by regulation and will be reviewed at least every five years. Operators must maintain insurance or other financial security equal to this liability limit. If damage from a nuclear incident exceeds what the operator's insurance can cover, the federal government may step in to pay additional compensation through a special reinsurance account. When a major nuclear incident occurs, the Governor in Council can declare that a special administrative tribunal (rather than regular courts) will handle all compensation claims. The bill repeals the old Nuclear Liability Act and makes changes to related laws. The bill comes into force on a date to be set by the Governor in Council.

What This Bill Does
  • Establishes absolute and exclusive liability of nuclear operators for damage caused by ionizing radiation from their nuclear installations and nuclear material being transported to or from their installations
  • Caps operator liability at $650 million per nuclear incident, with the possibility of increasing this amount by regulation
  • Requires operators to maintain financial security (insurance or other approved instruments) equal to the liability limit
  • Allows the federal government to reinsure nuclear liability risks through a special Nuclear Liability Reinsurance Account, with reinsurance premiums and claims managed through this account
  • Establishes a process for the Governor in Council to declare that compensation claims from a major nuclear incident will be heard by an administrative tribunal instead of regular courts
  • Creates a nuclear claims tribunal with at least five members (mostly judges or senior lawyers) to hear and decide compensation claims when declared by the Governor in Council
  • Defines compensable damage to include bodily injury, property damage, environmental damage, economic loss, and psychological trauma resulting from a nuclear incident
  • Sets time limits for bringing claims: three years from when damage occurs or death occurs, with an absolute maximum of 10 years (or 30 years for bodily injury claims)
  • Allows the Minister to conduct regular reviews of the $650 million liability limit and make recommendations for increases based on inflation and international standards
  • Repeals the previous Nuclear Liability Act
  • Makes consequential amendments to the Nuclear Safety and Control Act and the Transportation of Dangerous Goods Act, 1992
Who Is Affected
  • Nuclear operators holding licences under the Nuclear Safety and Control Act who operate designated nuclear installations
  • People and businesses in Canada or Canada's exclusive economic zone who suffer bodily injury, property damage, environmental damage, or economic loss from a nuclear incident
  • Families and close personal relationships of persons injured in a nuclear incident (for psychological trauma compensation)
  • Insurance companies designated as 'approved insurers' that provide financial security for nuclear operators
  • The federal government, which may be required to pay compensation from the Consolidated Revenue Fund if the operator's insurance is insufficient
  • Residents in areas where preventive measures are taken under a nuclear emergency scheme (eligible for compensation of costs and economic losses from preventive measures)
Rights, Duties, Or Obligations
  • Nuclear operators must maintain financial security in the amount of $650 million (or the increased amount set by regulation) for each of their nuclear installations containing nuclear material (section 23)
  • Nuclear operators are absolutely liable for damage from ionizing radiation and related hazards from their nuclear installations and nuclear material in transport, with no requirement to prove fault or negligence (sections 8-9)
  • Operators are not liable for damage if the nuclear incident was caused wholly or partly by an individual's intentional or reckless act, except for the individual themselves (section 11)
  • Operators have no right to sue third parties for contribution or recovery of compensation they pay, except against individuals responsible for causing the incident (section 12)
  • The financial security maintained by operators cannot be used to pay the operator's legal fees, court costs, interest on compensation, or claims administration costs (section 23)
  • A person suffering damage from a nuclear incident must bring a claim within three years of discovering the damage, with an absolute deadline of 10 years from the incident (or 30 years for bodily injury) (section 30)
  • Operators must pay to the federal government an amount up to the liability limit for compensation paid by the government (section 61)
  • The Minister must review the $650 million liability limit at least once every five years and conduct public consultations on whether to increase it (section 22)
  • The Minister may pay interim financial assistance to people suffering damage while the tribunal is being established, up to 20% of the remaining liability limit (section 34)
  • An operator who fails to maintain required financial security is guilty of an offence and liable to a fine of up to $300,000 per day of non-compliance (section 65)
Important Dates
  • The Act comes into force on a date to be fixed by order of the Governor in Council (section 75)
  • The first review of the $650 million liability limit must be completed within 15 months after the Act comes into force (section 69)
  • The Minister must thereafter review the liability limit at least once every five years (section 22)
  • Compensation claims must be brought within three years of the person discovering damage, with an absolute deadline of 10 years from the nuclear incident (or 30 years for bodily injury) (section 30)
Financial Or Tax Impacts
  • Nuclear operators must maintain financial security equal to $650 million per nuclear installation, which will increase their operating costs through insurance or other security instruments
  • The federal government may be required to pay compensation from the Consolidated Revenue Fund if the operator's insurance and financial security are insufficient (sections 27, 60-61)
  • Reinsurance premiums paid by approved insurers to the federal government will be credited to the Nuclear Liability Reinsurance Account (section 27)
  • Approved insurers may be required to reinsure certain risks with the federal government, creating a cost-sharing arrangement (section 26)
  • The $650 million liability limit may be increased by regulation, which could require operators to obtain additional insurance
  • Operators are responsible for paying administration costs, court costs, and interest on compensation awards in addition to the $650 million limit (section 21)
Enforcement Or Penalties
  • An operator who fails to maintain the required financial security (section 23) or does not hold insurance in the proper form (section 24) commits an offence and is liable on summary conviction to a fine of up to $300,000 for each day the offence continues (section 65)
  • Due diligence is a defence to the offence; an operator is not guilty if it can prove it exercised reasonable precautions to prevent the non-compliance (section 65)
  • If an operator fails to pay money owed to the Crown for compensation, the approved insurer must pay from the insurance, or the issuer of alternate financial security must pay (section 61)
  • Amounts not paid by the operator or insurer on demand become a debt to Canada and can be recovered under section 155 of the Financial Administration Act (section 61)
  • Overpayment of compensation to a claimant becomes a debt to Canada and can be recovered (section 59)
Uncertainties Or Limits
  • The bill text does not specify which individual nuclear installations will be designated under the regulation-making powers in section 6; designations occur by Governor in Council regulation
  • The bill does not detail how the $650 million limit will evolve or what specific criteria will be used beyond Consumer Price Index changes, financial security requirements in other countries, and international agreements
  • The exact procedures, evidence rules, and timelines for the nuclear claims tribunal are to be set out in regulations and tribunal rules, not specified in the bill itself
  • The bill does not specify which insurers will be approved; the Minister has discretion to designate approved insurers based on their qualification
  • The bill does not specify the amount or percentage of reinsurance that may be prescribed for different classes of nuclear installations
  • The definition of 'close personal relationship' for psychological trauma compensation is not detailed in the bill
  • The bill does not specify what constitutes a 'preventive measure' for compensation purposes beyond measures ordered under a nuclear emergency scheme
  • It is unclear what specific updates or findings will prompt the Minister to recommend increasing the $650 million liability limit
  • The bill does not address how claims will be prioritized if total valid claims exceed the available compensation funds
Laws Or Regulations Affected
Nuclear Liability Act
repealed

The old Nuclear Liability Act is completely replaced by this new Nuclear Liability and Compensation Act, creating a modernized liability regime for nuclear incidents.

Source: Section 74

Nuclear Safety and Control Act
amended

Sections 42(3), 64, and 82 are modified to clarify that nuclear operators' liability under the new Nuclear Liability and Compensation Act is not limited by provisions in the Nuclear Safety and Control Act, and to remove references to the old Nuclear Liability Act.

Source: Sections 70-72

Transportation of Dangerous Goods Act, 1992
amended

Section 22(7) is updated to state that nuclear operators remain bound by their duties under the Nuclear Liability and Compensation Act even when transporting dangerous goods.

Source: Section 73

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 16 April 2010, the Minister of Natural Resources introduced Bill C-15, An Act respecting civil liability and compensation for damage in case of a nuclear incident (Nuclear Liability and Compensation Act), in the House of Commons and it was given first reading. Bill C-15 establishes a specific civil liability regime with respect to nuclear incidents and repeals the Nuclear Liability Act, which previously provided for such a regime. Like that Act, it makes the operators of nuclear installations exclusively liable, but increases significantly (from $75 million to $650 million) the extent of their liability and the financial security that they are required to maintain. It also provides for the establishment of a special Tribunal to hear and decide claims. The establishment of a form of civil liability and of a requirement to pay compensation in respect of damage caused by a nuclear incident is in line with efforts to manage and minimize the risks involved in the use of nuclear material. These efforts include measures for mitigation, preparation, response and reparation. The bill is chiefly concerned with the last of these measures. The idea of a specific regime governing civil liability and compensation in case of a nuclear incident is based on the observation that private insurers have systematically and consistently refused to provide coverage for damage resulting from nuclear incidents. The establishment of such a regime makes it possible to fill this gap and provide coverage for such risks.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Apr 16, 2010
Completed

Bill C-15, concerning civil liability and compensation for nuclear incidents, completed its First Reading in the House of Commons on April 16, 2010, and is currently at the Second Reading stage.

Introduction and first reading, Apr 16, 2010
End of stage activity, Apr 16, 2010
Chamber sittings
Introduction and first reading - Apr 16, 2010

On April 16, 2010, Bill C-15, concerning civil liability and compensation for nuclear incidents, was introduced and received its first reading in the House of Commons, marking the procedural start of its legislative journey.

Step 2
Second reading
May 14, 2010
Not completed

Bill C-15, concerning civil liability and compensation for nuclear incidents, was undergoing debate at the second reading stage in the House of Commons as of May 14, 2010.

Chamber sittings
Debate at second reading - May 13, 2010

The House of Commons debated and referred Bill C-15, the Nuclear Liability and Compensation Act, to committee, focusing on updating nuclear liability rules and compensation frameworks.

Debate at second reading - May 14, 2010

On May 14, 2010, the House of Commons debated Bill C-15 and addressed a question of privilege regarding committee proceedings, alongside other statements and oral questions.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Christian Paradis
Sponsor party or district not listed
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced