Evidence of meeting #35 for Natural Resources in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site.) The winning word was proposed.
A recording is available from Parliament.
10:15 a.m.
Conservative
The Chair Conservative Leon Benoit
Let's go to a recorded vote on NDP-4.
(Amendment negatived: nays 5; yeas 4 [See Minutes of Proceedings])
As NDP-4 is defeated, PV-13 is also defeated.
We'll move on to LIB-3.
10:15 a.m.
Liberal
Geoff Regan Liberal Halifax West, NS
Mr. Chairman, this is similar to the one that I withdrew a moment ago. I'm going to ask the officials whether or not it would have the same effect and whether their answer would be the same.
10:15 a.m.
General Counsel and Executive Director, Legal Services, Department of Natural Resources
My answer would be that yes, it would have the same effect.
10:15 a.m.
Liberal
Geoff Regan Liberal Halifax West, NS
In that case, Mr. Chairman, I'll withdraw this amendment, if I may.
10:15 a.m.
Conservative
10:15 a.m.
Some hon. members
Agreed.
10:15 a.m.
Conservative
The Chair Conservative Leon Benoit
(Amendment withdrawn)
We'll go then to amendment NDP-5. I'll just note that if NDP-5 is adopted, PV-14 can't be, due to line conflict, and if NDP-5 is defeated, then so is PV-14. It's identical.
Go ahead please, Ms. Moore, if you'd like to speak to NDP-5.
10:15 a.m.
NDP
Christine Moore NDP Abitibi—Témiscamingue, QC
Yes.
In summary, this amendment deletes “and no person other than an operator”, and brings the supplier into the liability process.
As the testimony showed, the current legislation poses a real problem because only the operator is held liable in the event of an accident. Suppliers providing services in the nuclear installations would not be held liable, for example, in the event of negligence or a poorly executed operation.
This is a major problem that absolutely has to be fixed during the study on Bill C-22. Of course, the operator must be held liable, but if the suppliers of goods or services with whom the operator is doing business have no liability in the event of an accident, I see a major problem. This absolutely must be corrected.
10:15 a.m.
Conservative
The Chair Conservative Leon Benoit
Merci.
Is there any further discussion? No, I'm not going to allow it, Ms. May.
Mr. Regan, on a point of order.
10:15 a.m.
Liberal
Geoff Regan Liberal Halifax West, NS
Mr. Chair, on a point of order, as you mentioned at the beginning, this amendment is the same as Ms. May's amendment, so it seems appropriate to me that she be permitted to speak to it.
10:15 a.m.
Conservative
The Chair Conservative Leon Benoit
Except that the NDP took precedence here. The discussion is the same, but the Green amendment PV-14 would be defeated. It's identical.
10:15 a.m.
Liberal
Geoff Regan Liberal Halifax West, NS
What I'm saying is in view of that, I would certainly not have any objection to Ms. May's speaking. To me it seems appropriate that as this is going to affect her amendment, she should be able to do so.
10:15 a.m.
Conservative
10:15 a.m.
Some hon. members
Agreed.
10:15 a.m.
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Thank you, members of the committee, for that.
Thank you, Mr. Chair.
I will not take long, but I just want to again emphasize that the nuclear section of the bill is quite different from the way we're treating the oil and gas sector. There is no rationale provided for why suppliers and contractors in the nuclear industry should be treated differently from suppliers and contractors in the oil and gas industry. In this section, what we're seeing by use of the phrase “and no other person than the operator” is that you could actually have a situation where, above the absolute liability cap, in the case of fault and negligence, the fault and negligence is found with a supplier or contractor, and they are completely removed from responsibility under the act.
There is no rationale offered. I think it's very clear how it's being handled on the oil and gas side. Why it's treated differently under nuclear liability, particularly when we do know that the subcontractors can be responsible for significant incidents should they exercise negligence....
Thank you, Mr. Chair.
10:20 a.m.
Conservative
The Chair Conservative Leon Benoit
Are you suggesting, Ms. May, that the oil and gas sector is being picked on unfairly once again?
10:20 a.m.
Some hon. members
Oh, oh!
10:20 a.m.
Conservative
10:20 a.m.
Green
Elizabeth May Green Saanich—Gulf Islands, BC
No, the chair has put his finger on the problem. I'm tired of the oil and gas sector being beaten up in this fashion.
10:20 a.m.
Conservative
10:20 a.m.
Some hon. members
Oh, oh!