Under the Nuclear Liability and Compensation Act (NLCA), the operator of any nuclear facility, including a deep geological repository for used nuclear fuel, is liable for damage resulting from the unlikely event of a release of radioactivity from transporting radioactive materials or from its facility. This liability is absolute, regardless of fault.
Under this law, liability for nuclear operators like the NWMO is limited to $1 billion. The government will review this liability limit on a regular basis, at least every five years. To address claims that exceed this amount, there is an international fund the Government of Canada contributes to and can access if needed.
The NLCA requires nuclear operators like the NWMO to carry a prescribed amount of insurance to ensure that compensation is available. The Government of Canada must approve the insurer and the terms of the insurance policy.
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