Canadian Energy Regulator Act — C-15.1 302
Recovery of loss, etc., caused by debris 302 (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 Her Majesty in right of Canada or a 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, or solidarily, 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; and (b) the person who is required to obtain an authorization 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 that is determined 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 and who retains, to carry on a work or activity for which an authorization is required, the services of a contractor to whom paragraph (1)(a) applies is jointly and severally, or solidarily, liable with that contractor for any actual loss or damage, costs and expenses and loss of non-use value described in subsection (1). Limits of liability (3) For the purposes of paragraph (1)(b), the limits of liability are (a) in respect of a work or activity in any area of land or submarine area referred to in paragraph 6(1)(a) of the Arctic Waters Pollution Prevention Act , the amount by which $1 billion exceeds the amount prescribed under section 9 of that Act in respect of any activity or undertaking engaged in or carried on by any person described in paragraph 6(1)(a) of that Act; or (b) in respect of any other work or activity for which an authorization is required, the amount of $1 billion. Lesser amount (4) The Minister may, by order and on the Commission’s recommendation, approve an amount that is less than the amount referred to in paragraph (3)(a) or (b) in respect of a person who is required to obtain an authorization. Increase in limits of liability (5) The Governor in Council may, by regulation, on the recommendation of the Minister, increase the amounts referred to in subsection (3). Liability under another law — paragraph (1)(b) (6) If a person is liable under paragraph (1)(b) with respect to an occurrence and the person is also liable under any other Act of Parliament, 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 determined under the applicable subsection of this section 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 limits determined under this section do not apply. Costs and expenses not recoverable under Fisheries Act (7) The costs and expenses that are recoverable by Her Majesty in right of Canada or a province under this section are not recoverable under subsection 42(1) of the Fisheries Act . Action — loss of non-use value (8) Only Her Majesty in right of Canada or a province may bring an action to recover a loss of non-use value described in subsection (1). Claims (9) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada. Claims in favour of persons incurring actual loss or damage described in subsection (1) are to be distributed pro rata and rank in priority over claims for costs and expenses described in that subsection, and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in that subsection. Saving (10) Subject to subsections (7) and (8), n