La répartition des risques liés à l’exploitation des hydrocarbures d’Old Harry : étude de la responsabilité en cas de déversement
Bibliographic record
Abstract
Old Harry is an oil and gas prospect located in the Gulf of St. Lawrence on the border between Quebec and Newfoundland. It has neither been drilled nor exploited yet, but the Government of Quebec has demonstrated openness to its exploration and the federal government has yet to adopt any statute regulating offshore oil and gas exploitation in Quebec. However, the 2010 BP Deepwater Horizon case has shown there are important risks that come with this exploitation. The purpose of this study is to analyze Newfoundland’s legislation to highlight the strengths and weaknesses of its civil liability regime for oil spills, particularly regarding risk-allocation between the actors involved in the event of a spill and the polluter pays principle, as Quebec should have mirror legislation. It will use the components of a civil liability recourse (plaintiffs, defendants, type of liability, burden of proof, damages & forum conveniens), and compare this regime with the International Convention on Civil Liability for Pollution Damage (1992), which regulates pollution from ships that transport oil. This study concludes that victims of a spill in the Gulf – whether Canadian or transboundary – bear an important risk related to this exploitation, as they would be under-compensated and it would be difficult to obtain compensation for natural resource damages. Indeed, no international convention has been adopted so far to regulate pollution from offshore oil and gas exploitation, which does not facilitate compensation of transboundary victims. In addition, the liability limit prevailing in Canada does not reflect the magnitude of damages that could be caused and there are no funds to compensate victims for damages that would exceed the operator’s liability limit. Hence, the statute to be adopted in Quebec should take into consideration these elements to ensure that the environment, as well as victims of pollution are protected.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.019 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.001 | 0.003 |
| Scholarly communication | 0.004 | 0.001 |
| Open science | 0.001 | 0.001 |
| Research integrity | 0.001 | 0.001 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".