D.1 Federal roles and responsibilities

The federal government maintains exclusive jurisdiction over the regulation of nuclear energy in Canada.

The province has exclusive jurisdiction for matters of property and civil rights in Ontario and has jurisdiction over matters that affect the public health, safety, and environment of Ontario.

D.2 Emergencies Act, R.S.C. 1985, C.22 (4th Supp.)

Pursuant to Section 6 of the Emergencies Act, the federal Governor in Council may declare a public welfare emergency, which includes an emergency caused by a real or imminent accident or pollution that results in or may result in a danger to life or property, social disruption or a breakdown in the flow of essential goods, services or resources, so serious as to be a national emergency.

Pursuant to Section 14 of the Emergencies Act, before the Governor in Council issues, continues or amends a declaration of a public welfare emergency, the Lieutenant Governor in Council of each province in which the direct effects of the emergency occur shall be consulted with respect to the proposed action. However, where the direct effects of the emergency are confined to, or occur principally in one province, the Governor in Council may only issue a declaration of public welfare emergency when the "Lieutenant Governor in Council of the province" has indicated to the federal Governor in Council that the emergency exceeds the capacity or the authority of the province to deal with it.

Pursuant to Section 8 of the Emergencies Act, while a declaration of a public welfare emergency is in effect, the Governor in Council may make orders or regulations "that the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency."

D.3 Emergency Management Act, S.C. 2007, C.15

The Emergency Management Act provides for the coordination of emergency management activities including the development and implementation of emergency management plans. Federal authorities also coordinate or support the provision of assistance to a province in respect of a provincial emergency. Assistance could include financial assistance, including where the emergency has been declared to be of concern to the federal government and the province has requested assistance.

D.4 Nuclear Safety and Control Act, R.S.C. 1997, C.9

The NSCA establishes the CNSC, which is a federal entity responsible for matters including the regulation of certain activities related to nuclear energy, including the construction and operation of reactor facilities, and response to emergencies with radiological or nuclear aspects.

The CNSC regulates all activities, actions and decisions regarding possession, handling, transport, or storage of licensed radioactive material.

The CNSC is authorized to make any order in an emergency that it considers necessary to protect the environment or the health and safety of persons or to maintain national security and compliance with Canada’s international obligations (see Section 47 (1) of the NSCA).

D.5 Nuclear Safety and Control Act, Class I Nuclear Facilities Regulations (SOR/2000-204)

Under the Nuclear Safety and Control Act, Class I Nuclear Facilities Regulations, licensed nuclear facilities (e.g., reactor facilities) face various requirements, including being required to demonstrate proposed measures to prevent or mitigate the effects of accidental releases of nuclear substances and hazardous substances on the environment, the health and safety of persons and the maintenance of national security, including measures to:

  1. assist offsite authorities in planning and preparing to limit effects of an accidental release.
  2. notify offsite authorities of an accidental release or the imminence of an accidental release.
  3. report information to offsite authorities during and after an accidental release.
  4. assist offsite authorities in dealing with the effects of an accidental release.
  5. test the implementation of the measures to prevent or mitigate the effects of an accidental release.

D.6 Nuclear Liability and Compensation Act S.C. 2015, C.4, S.120

The federal Nuclear Liability and Compensation Act S.C. 2015, c.4, s.120 (NLCA), administered by Natural Resources Canada (NRCan), governs civil liability and compensation for damage in Canada in case of a nuclear incident. This legislation provides for various matters, including the following:

  1. Operators of nuclear power plants designated under the NLCA are liable for up to one billion dollars for damage resulting from a nuclear incident and must have insurance from an insurer approved under the NLCA with terms and conditions approved by the federal Minister of Natural Resources
  2. Compensable damage includes bodily injury or death, property damage, psychological trauma of a person who suffered bodily injury caused by a nuclear incident, certain environmental damage, economic loss incurred as a result of a person's bodily injury or damage to their property and that is caused by a nuclear incident, or psychological trauma that results from that bodily injury, certain lost wages, and certain costs related to preventive measures. Actions or claims in relation to bodily injury or death must be brought within 30 years, while any other actions or claims must be brought within 10 years.

Liaison between the federal government, the Nuclear Insurance Association of Canada (NIAC) and the Ontario Ministry of Municipal Affairs and Housing (MMAH) shall be undertaken to ensure that any financial assistance provided by the province does not duplicate assistance provided under the federal legislation.

D.7 Transportation of Dangerous Goods Act (S.C.1992, C.34)

The Transportation of Dangerous Goods Act (S.C.1992, C.34), administered by Transport Canada, governs the transportation of dangerous goods (including nuclear substances, within the meaning of the NSCA, that are radioactive). It provides for various matters, including:

  1. certain safety and security requirements and standards.
  2. requirements for emergency response assistance plans, which outline what is to be done to respond to an actual or anticipated release of dangerous goods in the course of their handling or transporting that endangers, or could endanger, public safety.