Evidence of meeting #6 for Natural Resources in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Dave McCauley  Acting Director, Uranium and Radioactive Waste Division, Department of Natural Resources
Jacques Hénault  Analyst, Nuclear Liability and Emergency Preparedness, Department of Natural Resources
Brenda MacKenzie  Senior Counsel, Environment Canada, Department of Justice Canada
Joann Garbig  Procedural Clerk

December 6th, 2007 / 9:15 a.m.

Jacques Hénault Analyst, Nuclear Liability and Emergency Preparedness, Department of Natural Resources

I'm going to answer your question as best I can.

The minister has to approve the insurer, but that has nothing to do with the fact that he has to approve the alternate security.

I don't really understand the meaning of your question. These are two separate things.

9:15 a.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

I have a question, Mr. Chairman.

9:15 a.m.

Conservative

The Chair Conservative Leon Benoit

Madame DeBellefeuille.

9:15 a.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Thank you, Mr. Chairman.

I don't understand your answer, Mr. Hénault. Does the 50% also have to be evaluated by the minister?

9:15 a.m.

Analyst, Nuclear Liability and Emergency Preparedness, Department of Natural Resources

9:15 a.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

If the 50% has to be evaluated by the minister, what does it matter if we keep that percentage? In any case, he has to evaluate all the financial security presented. That's what I don't understand.

I also don't understand the answer you gave Mr. Ouellet.

9:15 a.m.

Analyst, Nuclear Liability and Emergency Preparedness, Department of Natural Resources

Jacques Hénault

Last Tuesday, Mr. McCauley mentioned why we wanted to retain the 50% portion of the security covered by the insurance.

9:15 a.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Do you agree with me, Mr. Hénault, that 100% of the financial security given must be presented to the minister, who must in turn authorize it? The text of the bill is complicated. Did I understand correctly? In spite of everything, you're saying that 50% has to be secured. I don't think that's clear and I would like to understand.

9:15 a.m.

Acting Director, Uranium and Radioactive Waste Division, Department of Natural Resources

Dave McCauley

The minister has to approve all security, 100%. If it's 50%, he has to give his approval of the financial security.

9:15 a.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Do you agree with me that 50% has been put in the text of the bill merely to guarantee a market for the insurer that has shown an interest in insuring all our nuclear facilities?

9:15 a.m.

Acting Director, Uranium and Radioactive Waste Division, Department of Natural Resources

Dave McCauley

No. I don't like the words “guarantee a market for the insurers”. It's more to retain a separate amount intended for another independent part of the operators in order to secure the risks because the insurer maintains reserves for the purposes of the nuclear liability system.

9:15 a.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

I wouldn't want to misrepresent the remarks Mr. Harris made last Tuesday. He said that not a lot of insurers would agree to ensure nuclear facilities because it's risky. If it's risky, that's because it's dangerous. People would like us believe that nuclear energy is without danger, reliable, cost-effective and so on, but today we're discussing a bill on insurance and compensation. That's because there's a risk.

Consequently, if we retain this 50% requirement, won't we be depriving power station operators from going and negotiating better premiums and better coverage elsewhere, in other countries?

9:15 a.m.

Acting Director, Uranium and Radioactive Waste Division, Department of Natural Resources

Dave McCauley

It would be possible for operators to negotiate a better premium with other insurers. However, under the bill, other insurers would have to obtain the minister's authorization in order to insure the operators.

9:15 a.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Why the 50%?

9:15 a.m.

Acting Director, Uranium and Radioactive Waste Division, Department of Natural Resources

Dave McCauley

It's just an amount to insure a separate third of insurance or a security that is separate and independent of other means.

9:20 a.m.

Conservative

The Chair Conservative Leon Benoit

Did you have something to add, Mr. McCauley?

9:20 a.m.

Acting Director, Uranium and Radioactive Waste Division, Department of Natural Resources

Dave McCauley

I'd like to add that the 50% figure can be increased or reduced by regulation. It's not a fixed amount because it can be adjusted.

9:20 a.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

I have one final comment, Mr. Chairman.

I get the impression this is interpreted as a lack of confidence in the minister. If the minister has the power to analyze and recommend financial security, the fact that there is the 50%, in addition to a clause on his power, reflects a certain mistrust. Is there some mistrust of the minister, whoever he or she may be? The attack is not personalized. Is the minister's power being reduced in a way?

9:20 a.m.

Acting Director, Uranium and Radioactive Waste Division, Department of Natural Resources

Dave McCauley

Perhaps it's to get something stable and reliable. Insurance is an independent third party. Without other financial securities, there is always a possibility of risk. Insurance is something a little more concrete.

9:20 a.m.

Conservative

The Chair Conservative Leon Benoit

Thank you.

We will now go to the vote on the Bloc amendment. It's Bloc amendment 3, and it would strike subclause 24(3).

(Amendment negatived [See Minutes of Proceedings])

9:20 a.m.

Conservative

The Chair Conservative Leon Benoit

We agreed to do amendment 3 before 2. We'll now go to Bloc amendment 2.

9:20 a.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Chairman.

9:20 a.m.

Conservative

The Chair Conservative Leon Benoit

Yes, Madam DeBellefeuille.

9:20 a.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

I want to withdraw the amendment.

9:20 a.m.

Conservative

The Chair Conservative Leon Benoit

Okay, that amendment is withdrawn.

(Clauses 24 and 25 agreed to)

(On clause 26—Reinsurance agreements)