Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.19
Recovery of loss, damage, costs or expenses 188.19 (1) If, as a result of debris or as a result of any action or measure taken in relation to debris, there is a loss of non-use value relating to a public resource or any person incurs actual loss or damage or if His Majesty in right of Canada or the Province reasonably incurs any costs or expenses in taking any action or measure in relation to debris, (a) all persons to whose fault or negligence the debris is attributable or who are by law responsible for others to whose fault or negligence the debris is attributable are jointly and severally liable, to the extent determined according to the degree of the fault or negligence proved against them, for that loss, actual loss or damage, and for those costs and expenses; (b) the person who is required to obtain an authorization under subsection 142.011(1) in respect of the work or activity from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability established under this section, for that loss, actual loss or damage, and for those costs and expenses; and (c) the person who carried out a work or activity for which an authorization under subsection 142.011(1) was required in a facility that is now an abandoned facility from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability established under this section, for that loss, actual loss or damage, and for those costs and expenses. Vicarious liability for contractors (2) A person who is required to obtain an authorization under subsection 142.011(1) and who retains, to carry on a work or activity in respect of which the authorization is required, the services of a contractor to whom paragraph (1)(a) applies is jointly and severally liable with that contractor for any actual loss or damage, costs and expenses and loss of non-use value described in subsection (1). Limit of liability (3) For the purposes of paragraphs (1)(b) and (c), the limit of liability is $1 billion. Lesser amount — Federal Minister’s order (4) Despite subsection (3), the Federal Minister may, by order, on the Regulator’s recommendation and with the Provincial Minister’s approval, establish a limit of liability that is lower than the limit referred to in that subsection in respect of persons carrying out a work or activity relating to offshore renewable energy projects that is specified in the order or of persons who carried out that work or activity in a facility that is now an abandoned facility. Lesser amount — Regulator (5) Despite subsections (3) and (4), the Regulator may, in the absence of regulations, establish a lower limit of liability for the purposes of paragraph (1)(c). Limits of liability — regulations (6) Subject to section 6, the Governor in Council may, by regulation, (a) establish a limit of liability that is higher than the limit referred to in subsection (3); (b) establish a limit of liability that is lower than the limit referred to in subsection (3) for the purposes of paragraph (1)(c); and (c) limit the amount of time during which a person referred to in paragraph (1)(c) may be held liable under that paragraph. Liability under another law — paragraph (1)(b) or (c) (7) If a person is liable under paragraph (1)(b) or (c) with respect to an occurrence and the person is also liable under any other Act, without proof of fault or negligence, for the same occurrence, the person is liable up to the greater of the applicable limit of liability that is set out in subsection (3) and the limit up to which the person is liable under the other Act. If the other Act does not set out a limit of liability, the limit set out in subsection (3) does not apply. Costs and expenses not recoverable under Fisheries Act (8) The costs and expenses that are recoverable by His Majesty in right of Canada or the Province under this section are not recoverable under subsection 42(1) of the Fisheries Act .