An independent Canadian nuclear deterrent
Drafted 29 August 2026 · a bill for the House of Commons · not yet introduced
The defence of Canada against nuclear attack rests on a capability owned by a foreign government, paid for by that government, and terminable by that government. Canada holds no instrument that prevents its withdrawal. This is a draft Act that ends that arrangement, and a record showing that Parliament has never once been asked to consider the question.
The record: 7,142 bills, none of them this one
The full LEGISinfo dataset was pulled on 4 September 2026. It holds 7,142 bills, covering everything before Parliament since 17 January 1994.
Thirty-three carry the word nuclear in the title. They are liability, safety, waste, terrorism, sanctions against third states, and corporate reorganization. One treats nuclear weapons as weapons:
C-629 — Nuclear-Weapons-Free Zone in the Canadian Arctic Act
40th Parliament, 3rd Session. Died after first reading.
Petitions run the same direction. The live electronic petitions on the subject ask Canada to sign the Treaty on the Prohibition of Nuclear Weapons. They drew 194 and 589 signatures.
What the instruments actually say
The two documents named whenever this subject is raised do not say what they are said to say.
Article 5, North Atlantic Treaty: each Party will assist the Party attacked by taking “such action as it deems necessary”.
The measure of the assistance is left to the assisting Party. No Party is bound to any particular response, nuclear or otherwise. Article 13 lets any Party leave one year after notice.
NORAD Agreement, Ottawa, 28 April 2006: assigns aerospace warning, aerospace control and maritime warning. It contains no undertaking by either Party to defend the other against nuclear attack, and either Party may terminate it on twelve months’ written notice.
Entered into force by an exchange of diplomatic notes. Never enacted by Parliament.
Article X is not a loophole. It is a reserved right
Article X of the Treaty on the Non-Proliferation of Nuclear Weapons reserves to every Party the right to withdraw where extraordinary events have jeopardized its supreme interests. No other Party may refuse that withdrawal. The bill declares those events and requires the notice to be given within ninety days.
What the bill does
- Declares it the policy of Canada to acquire, maintain and retain under exclusive Canadian control a minimum credible deterrent.
- Establishes the Canadian Strategic Deterrent Agency and provides for its governance.
- Requires that custody of, and authority over, any Canadian nuclear weapon rest with Canadian officials alone, exercised only on the concurrent authorization of two named ministers of the Crown.
- Declares the purpose for which such weapons may be employed, prohibits transfer, prohibits explosive testing, and preserves international safeguards over every civil nuclear facility in Canada.
- Establishes an independent defence nuclear safety regulator and parliamentary oversight by cleared parliamentarians, with annual reporting.
- Provides that nothing established under the Act may be reduced or surrendered except by an Act of Parliament.
Canada is not contemplating a new capability
This country helped build the first nuclear weapons, and then held them on Canadian soil for twenty-one years, from 1963 to 1984. What is proposed is the recovery of something already held and given away.
The precedent that governs the reasoning is not Canadian. In the Budapest Memorandum of 1994 Ukraine surrendered the nuclear weapons on its territory in exchange for security assurances. Those assurances did not prevent the invasion of that state.
Bill text in statutory form: preamble, sections, and the amendments an enacting clause would carry. Available in full on request. The LEGISinfo figures are reproducible from the public dataset at parl.ca.