Nuclear Legislation

The federal legislative framework for nuclear energy and long-term management of nuclear fuel waste in Canada is comprised of the Nuclear Safety and Control Act, the Nuclear Liability Act and the Nuclear Fuel Waste Act.

The Nuclear Safety and Control Act (NSCA) received Royal Assent on March 20, 1997 and was Proclaimed on May 31, 2000. The NSCA replaced the Atomic Energy Control Act of 1946 with new, more effective and explicit legislation to regulate the activities of the Canadian nuclear industry. The NSCA also provided for the establishment of the Canadian Nuclear Safety Commission (CNSC), which replaced the Atomic Energy Control Board (AECB).

The Nuclear Liability Act (NLA) was passed by the Canadian Parliament in 1970 and proclaimed in force on October 11, 1976. The purpose of the NLA is twofold. First, it ensures that funds are available to provide financial compensation to third parties for injuries or damage suffered as a result of a nuclear incident and places on the operator the obligation of strict liability regardless of fault. Second, the NLA establishes a regime of nuclear liability that encourages nuclear development by channeling all third party liabilities to the operator and by limiting the operator's liability.

The CNSC is responsible for administering the NLA. It designates the nuclear installations that are subject to the NLA, it determines who is the operator of the nuclear installation by issuing a licence in accordance with the Nuclear Safety and Control Act, and it determines the amount of basic insurance with the approval of the federal Treasury Board.

The liability regime established in the NLA is similar to that established in the domestic legislation of most nuclear countries, as well as the two main international conventions on third party liability, the Paris and the Vienna Conventions. The Paris Convention (see Publications), essentially a Western European convention, was adopted under the auspices of the Organization for Economic Cooperation and Development in 1960. The Vienna Convention (see Publications), which has broader membership, is an International Atomic Energy Agency (IAEA) convention that was adopted in May 1963. In 1997, the IAEA adopted a Protocol to amend the Vienna Convention. Canada is not a member of any of these conventions.

Natural Resources Canada is responsible for federal policy relating to liability for third party nuclear damages and the Nuclear Liability Act, in particular. At this time, the Department is carrying out a review of the NLA in order to update and improve it.

The Nuclear Fuel Waste (NFW) Act came into force November 15, 2002. The objective of the NFW Act is to ensure that the long-term management of nuclear fuel waste will be carried out in a comprehensive, integrated and economically-sound manner. This Act complements the Nuclear Safety and Control Act which oversees the health, safety, environment and security aspects of the long-term management of nuclear fuel waste. The Minister designated to be responsible is the Minister of Natural Resources. As such the Department of Natural Resources ensures that all ministerial responsibilities are met. (www.nfwbureau.gc.ca)