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Natural Resources committee  I think that's the advantage of the new bill versus the old act. We've built into it the provision that at least every five years the minister has to reassess that limitation. This number will go up every time the minister establishes a new liability limit. There's no prospect of moving the liability limit down.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  Yes, it is, because if there are exposures that the insurers do not cover, as I just indicated, such as personal injury that's not bodily, then the government must pay those amounts.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  Under the new legislation, it would be under $650 million per incident. That's correct.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  It would be unlimited. That's correct.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  That's correct.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  No, only if Parliament were to appropriate additional funds. Under the current legislation, the limit of the liability is $75 million. There is no provision under the current legislation for moneys beyond that $75 million.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  That's correct.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  That's what's covered in the public accounts. In fact, I think this is inflated, because this assumes you're going to have those types of damages happen in that year at every nuclear installation to that maximum amount, and it's going to be a type of damage that's not going to be covered by the insurers.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  This number is simply $75 million multiplied by the designated installations covered by the legislation today. Under a revised scheme, one would expect that the number...and we don't produce it. This is produced by, I guess, the Treasury Board. Under the revised scheme, this would likely be $650 million, times the number of designated installations.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  No, no, I'm following you.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  I think the issue you're probably getting to is the fact that there is absolutely no commitment in the legislation itself--certainly under the existing legislation, and I think this was a criticism of it--for additional funding beyond the $75 million. I think the courts have held that it's ludicrous that the government would not step in should an incident occur where damages exceeded $75 million.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  That's correct.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  Yes, that's correct.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  Yes. Currently the liability or the exposure of the federal government under the Nuclear Liability Act is reported in the Public Accounts of Canada , in table 11.5, under “Guarantees by the Government”. It is reported every year. The most recent version we have represents the guarantees by the government as of March 31, 2009, and, under “Insurance programs of the Government”, “Insurance against accidents at nuclear installations under the Nuclear Liability Act”, it indicates an authorized limit of $1,050,000,000.

December 9th, 2009Committee meeting

Dave McCauley

Natural Resources committee  Mr. Hénault can correct me if I am wrong. No, what that represents is the $75 million liability limit set against 14 nuclear installations that are covered by the legislation, so the expectation is that if the federal government were considered to be liable for the first full $75 million, the total liability, considering there are 14 installations designated, would be $1,050,000,000.

December 9th, 2009Committee meeting

Dave McCauley