27. The holder of a revoked licence is required, irrespective of anyone’s fault and up to, for each event, an amount determined by government regulation, to make reparation for any injury caused through or in the course of their work or activities, including a loss of non-use value relating to a public resource, in particular due to emanations or migrations of gas or spills of oil or other liquids. Beyond that amount, the holder of a revoked licence may be required to make reparation for injury caused through their fault or the fault of any of their subcontractors or employees in the performance of their functions. The holder nevertheless retains their right to bring a legal action, for the entire injury, against the author of the fault.
The holder of a revoked licence may not be relieved of liability by proving that the injury resulted from superior force. The cases of apportionment of liability set out in the Civil Code apply to any action brought against the holder of a revoked licence for sums in excess of the amount prescribed by government regulation and to any recursory action brought by the holder.
Only the Government may bring a legal action to recover a loss of non-use value relating to a public resource.
2022, c. 102022, c. 10, s. 1.