THE NUCLEAR LIABILITY AND COMPENSATION ACT: Is it Appropriate for the 21st Century?

16 November 2009

A bill has been introduced into Canada’s parliament to create the Nuclear Liability and Compensation Act (NLCA), which would replace the existing Nuclear Liability Act. Both Acts pertain to civil liability for damage arising from an incident at a nuclear installation. This report assesses the proposed NLCA. In performing that task, the report focuses on the application of the NLCA to nuclear power plants (NPPs) in Canada. The report further focuses on potential incidents at NPPs where the incident involves an unplanned release of radioactive material to the environment or within a plant. Criteria used here to assess the NLCA are based upon three concepts that would play major roles in a properly-constructed 21st century policy framework for nuclear power. The concepts are: sustainability; the precautionary principle; and full accounting of costs (which includes the polluter-pays principle). This report’s assessment of the NLCA identifies significant deficiencies. Options for improving the NLCA are set forth here.