Debates of March 25th, 2014

Privacy Commissioner

[The Speaker, Conservative, Andrew Scheer]

I have the honour to lay upon the table a special report of the Privacy Commissioner entitled, “Investigation into the loss of a hard drive at Employment and Social Development Canada”.

Pursuant to Standing Order 108(3)(h), this report is deemed to have been permanently referred to the Standing Committee on Access to Information, Privacy and Ethics.

Taking the Privacy of Canadians Seriously Act

[Charmaine Borg, NDP, Terrebonne—Blainville, QC]

moved for leave to introduce Bill C-580, An Act to amend the Privacy Act (personal information — loss or unauthorized access or disclosure).

Mr. Speaker, I am pleased to introduce my bill to update the Privacy Act, which dates back to 1985. This is the second bill I have introduced to strengthen our outdated privacy laws.

This time my focus is the public sector. I am proposing two measures: develop a mechanism to require mandatory disclosure within a reasonable period of time when information is lost or compromised, and give the commissioner the power to order government agencies to comply with her recommendations.

In December 2012, under the Conservative government, the Department of Employment and Social Development lost information pertaining to half a million Canadians. Between 2002 and 2012, there were more than 3,000 violations. The problem was not fixed, and instead it got worse. We now hear that in 2013 alone, there were over 3,800 violations or breaches of personal information at Canadian agencies, and only 170 of those were reported to the commissioner.

The government is dragging its feet and refuses to update laws, and Canadians are the ones suffering the consequences. The NDP is fighting to make suggestions and propose meaningful measures to ensure that safeguards reflect current challenges. A look at our government agencies is long overdue, but the government does not take the privacy of the people it is supposed to protect seriously.

(Motions deemed adopted, bill read the first time and printed)

Canada Post

[Chris Charlton, NDP, Hamilton Mountain, ON]

Mr. Speaker, having just spent two weeks in my riding, I have come back to Ottawa yet again with 21 more petitions with thousands of names in support of saving Canada Post. The petitioners are upset about the elimination of home delivery, the increase in postal rates at a time when services are being cut, and the continuing attacks on public services. But above else, the petitioners with whom I spoke objected most vehemently to the job losses that will impact between 6,000 to 8,000 workers. Our community simply cannot afford to lose more decent-paying, family-sustaining jobs.

As a result, the petitioners call on the government to reverse the cuts to services recently announced by Canada Post and to look instead for ways to modernize operations. While I know the rules of the House do not allow members to endorse a petition, let me say that I am delighted to present these documents on behalf of the thousands of petitioners who have signed them.

Public Transit Operators

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Mr. Speaker, I rise today to present a number of petitions, all on the same subject, signed by thousands, perhaps even tens of thousands, of Canadians concerned about the violence toward transit operators. It deals with a bill that I have put forward, and the petitioners call on the government to enact the bill to ensure that we do all we can to protect transit operators from coast to coast to coast.

Cerebral Palsy

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, every year roughly 800 children are born with cerebral palsy in Canada, meaning that 50,000 Canadians currently live with CP. Canadians with CP often need special resources to maintain their productivity, including special education, aids, and environmental adaptations. The average lifetime costs for each Canadian with CP are conservatively estimated to be $1.5 million for medication, therapy, adaptations, and equipment. The petitioners call upon the government to work with the provincial and territorial health ministers and all stakeholders to develop a comprehensive pan-Canadian strategy for CP, including better diagnosis, treatment and support, and a national awareness day.

National Day of the Midwife

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I am pleased to present a petition supported by Canadians across the country, calling on Parliament to designate May 5 as the national day of the midwife. Midwives provide essential care during pregnancy, for the newborn, and throughout an infant's life. They definitely decrease infant mortality and morbidity across Canada, including in rural and remote communities. It is a very cost-effective way to provide this kind of essential care. A national day of the midwife would increase public awareness of the contribution of midwives to maternal, newborn, and infant care and welfare. Therefore, I am pleased to present this petition calling for Parliament to designate May 5 as the national day of the midwife.

Transportation Safety

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I am pleased to present this petition on transportation and long-haul carriage. Drivers are at risk because of the many hours they are putting in on the road. One can imagine at Lac-Mégantic we lost close to 50 people. One bus in a serious accident could match that.

I am very pleased to support this petition and to support the hon. member for Thunder Bay—Rainy River with his bill.

Grenville Canal

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, today, I am very proud to present a petition on behalf of my constituents. They are calling on the Government of Canada to help the municipality of Grenville restore the Grenville Canal. This canal has a lot of economic potential for the region. It is also a very important heritage area for the region, Quebec and Canada.

Questions on the Order Paper

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, the following question will be answered today: Question No. 298.

Question No. 298

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

With regard to the wharf at Port Daniel—Gascon to be built in conjuction with a planned cement factory in Port Daniel—Gascon: (a) what studies have been conducted; (b) which fisheries will be protected in relation to the wharf planned for Port Daniel—Gascon, both during and after the project; (c) which fisheries will not be protected in relation to the building of the wharf, both during and after the project; (d) which fisheries will be at risk, both during and after the project; (e) what conditions will be imposed on McInnis Cement to protect the fishing industry, fishers and fish; (f) how does Fisheries and Oceans Canada intend to protect the fishing industry, fishers and fish; (g) what future steps will be taken to protect the fishing industry, fishers and fish; (h) will fishers be compensated for any negative impacts incurred by them or by the fishing industry or fish; (i) which fishers’ associations did Fisheries and Oceans Canada consult; (j) with which fishers’ associations has Fisheries and Oceans Canada negotiated, is negotiating or will negotiate; and (k) what steps has Fisheries and Oceans Canada taken to protect the fish habitat at Port Daniel—Gascon and what remedial measures have been anticipated to compensate for the loss of fish habitat?

[Gail Shea, Conservative, Minister of Fisheries and Oceans]

Mr. Speaker, with regard to (a), on January 20, 2014, the fisheries protection program--regulatory reviews, a division of Fisheries and Oceans Canada, received details of the proposed marine terminal project, which, overall, remains the same as the one submitted in 1996. A comprehensive level environmental assessment was conducted in 1996 and concluded that the project would not cause significant effects. After consultation with the Canadian Environmental Assessment Agency, it was determined that CEAA 2012 does not apply to the current proposal. See the letter to the proponent dated December 12, 2013.

The Fisheries Act requires that projects avoid causing serious harm to fish unless authorized by the Minister of Fisheries and Oceans Canada. This applies to work being conducted in or near water bodies that support fish that are part of or support a commercial, recreational, or aboriginal fishery. As a result, the proponent will submit an application for authorization under the Fisheries Act, and Fisheries and Oceans Canada will conduct a review to determine whether there is likely to be serious harm to fish and to determine measures to mitigate, avoid, or offset serious harm.

With regard to (b), the Fisheries Act applies to all water bodies in Canada with a focus on protecting commercial, recreational, and aboriginal fisheries, and fish that support those fisheries.

With regard to (c), standard, best management practices to protect fish and fish habitat are applicable to all fisheries, and DFO will ensure that these are considered throughout the project life.

With regard to (d), the project proposal is currently being reviewed by departmental officials and it is likely that lobster and crab species are present in the project area. Further assessment is required.

With regard to (e), the conditions imposed on McInnis Cement will be determined upon completion the Fisheries Act review and will focus on avoiding and/or mitigating impacts to fish or fish habitat that are part of or support commercial, recreational, or aboriginal fisheries. Officials of Fisheries and Oceans Canada will use the Fisheries Protection Policy Statement, found at http://www.dfo-mpo.gc.ca/pnw-ppe/pol/index-eng.html, as guidance when administering the fisheries protection provisions of the Fisheries Act.

With regard to (f), depending on the outcome of a Fisheries Act review, the Minister of Fisheries and Oceans may issue an authorization with terms and conditions in relation to a proposed work, undertaking, or activity that may result in serious harm to fish. The conditions could include mitigation, offsetting, and monitoring measures.

With regard to (g), in line with the Fisheries Act and with guidance from the Fisheries Protection Policy Statement of 2013, DFO’s approach to fisheries protection will ensure that these valuable commercial, recreational, and aboriginal fisheries thrive.

With regard to (h), should any negative impacts be identified during the department’s review, the proponent will be required to ensure that measures to avoid, mitigate, or offset these negative impacts are put in place.

With regard to (i), in relation to the currently submitted project, no fishers’ associations have been consulted. However, based on proposed compensation by the proponent, which could include lobster reefs, there is potential for consultation to occur with the Regroupement des pêcheurs professionnels du sud de la Gaspésie fishers’ association.

With regard to (j), the analysis is conducted with the proponent and direct negotiations do not occur between Fisheries and Oceans Canada and fishers. The proponent remains in continuous contact with the above-mentioned fishers’ association.

With regard to (k), the review is currently in progress, and details on measures to avoid, reduce, and offset serious harm to fish and fish habitat have not yet been determined. Should offsetting compensation be required as a condition in a Fisheries Act authorization for this project, DFO will work with the proponent in order to ensure that a suitable offsetting plan has been developed.

Questions Passed as Orders for Returns

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Furthermore, Mr. Speaker, if Question 297 could be made an order for return, this return would be tabled immediately.

[The Speaker, Conservative, Andrew Scheer]

Is that agreed?

[Some hon. members]

Agreed.

Question No. 297

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

With regard to government funding, how much funding did the government provide from the 1993-1994 fiscal year to the 2010-2011 fiscal year, and from the 2012-2013 fiscal year to the present, in the ridings of Gaspésie—Îles-de-la-Madeleine and Haute-Gaspésie—La Mitis—Matane—Matapédia, broken down by year, riding, department or agency, initiative and amount?

(Return tabled)

Questions Passed as Orders for Returns

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Last, Mr. Speaker, I ask that the remaining questions be allowed to stand.

[The Speaker, Conservative, Andrew Scheer]

Is that agreed?

[Some hon. members]

Agreed.

Energy Safety and Security Act

[Greg Rickford, Conservative, Minister of Natural Resources and Minister for the Federal Economic Development Initiative for Northern Ontario]

moved that Bill C-22, An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts, be read the second time and referred to a committee.

Mr. Speaker, I want to take this opportunity to thank my constituents from the great Kenora riding for their support over the past almost six years and in this capacity to serve them as the minister responsible for natural resources.

I want to take this opportunity today to highlight our government's action on energy safety and security in Canada's offshore and nuclear energy industries.

Our government is determined to maintain a world-class liability regime in Canada's offshore and nuclear energy industries.

We are responsible for ensuring the safety and protection of Canadians and our environment. We are committed to authorizing only development that can be done safely.

One of the key elements of the legislation would raise the absolute liability limits in both the offshore and nuclear sectors to $1 billion. These changes would bring Canada's offshore and nuclear liability limits in line with the international community. This important measure would be proactive action to ensure that if there were an accident, taxpayers would not be on the hook.

For oil spills, these changes would help further strengthen safety and security to prevent incidents and ensure a quick response in the unlikely event of a spill.

In our Speech from the Throne, we were clear. We will enshrine the polluter pays principle in law. We also committed to increasing the required liability insurance and setting higher safety standards for companies operating offshore.

Bill C-22 would achieve these goals.

Regarding the management of Canada's offshore oil and gas industry; as we know, Canada's booming offshore oil and gas industry has transformed the economy of Atlantic Canada. The offshore industry has pumped billions of dollars into Canada's economy and provided thousands of employment opportunities. Offshore development is currently one of the fastest-growing sectors in Canada. Right now, there are five major projects currently producing in the Atlantic offshore.

As my hon. colleagues know, Canada's environmental record in the Atlantic offshore is already very strong.

Our responsible development plan strengthens environmental protection by focusing resources on reviews of major projects.

Our government has put forward new fines to punish those who would break Canada's rigorous environmental protections. We have also increased the number of inspections and comprehensive audits of federally regulated pipelines. What is more, we are bringing in tough new measures for oil tankers, to ensure the safe transport of our energy resources through our waterways. These measures include the introduction of the safeguarding Canada's seas and skies act and the formation of an expert review panel to examine Canada's current tanker safety regime and propose ways to strengthen it. Building on these measures, our government is taking important, tangible steps today to make our already-robust offshore liability regime even stronger.

As many of my Atlantic Canadian colleagues know well, the Government of Canada shares the management of the Newfoundland and Labrador offshore area and the Nova Scotia offshore area with both of the respective provincial governments. Offshore oil and gas projects, therefore, are regulated by either the Canada–Nova Scotia Offshore Petroleum Board or the Canada–Newfoundland and Labrador Offshore Petroleum Board. Each board ensures that operators exercise due diligence to prevent spills from occurring in Canada's offshore. With this in mind, we have worked closely with these two provinces to update and expand legislation to ensure that Canada's offshore rules remain world-class.

Regarding the key changes to offshore liability, this legislation would ensure that the liability limits reflect modern standards. The current offshore petroleum regime specifies that operators have an absolute liability for up to $30 million. Given the value of the resource and the capacity of those who develop it, all members can agree that this amount needs to be raised. That is why we would increase the benchmark by 33 times its current level to an absolute liability limit of $1 billion. Doing so would bring Canada in line with similar regimes in Norway, Denmark, and the United Kingdom.

We also need to ensure that companies operating in the offshore have the financial capacity to meet these and their obligations. Before any offshore drilling or production activity can take place, companies must prove that they can cover the financial liabilities that may result from a spill. Typically, the financial capacity requirements can range from $250 million to $500 million, with $30 million to be held as a deposit to work in the Atlantic offshore and $40 million to work in the Arctic. This deposit is held in trust by the offshore regulator as a letter of credit, guarantee, or bond.

With these legislative amendments, the minimum financial capacity would be raised to $1 billion, in line with operator’s absolute liability. Regulators may require higher amounts if deemed necessary and, in addition, we would increase the amount of funds to which operators have unfettered access to $100 million per operator. Industry would also have the option of setting up a minimum $250 million pooled fund, and operators could choose to use membership in such a fund to serve as their financial responsibility. We would also establish a cost-recovery regime for regulatory services provided by the offshore boards. I am pleased to say that the companies operating in Canada's Atlantic and Arctic offshore would be subject to one of the highest absolute liability standards in the world.

Regarding the nuclear industry, the second important part of this legislation focuses on updating the absolute liabilities for nuclear energy. In fact, it is one of the main reasons that our electricity supply is one of the cleanest in the world; 77% of Canada's electricity mix is non-emitting. Our government recognizes the importance of the industry to the Canadian economy. The industry generates nearly $5 billion a year in revenues and provides jobs for more than 30,000 Canadians. This is the number of jobs that the New Democrats want to destroy with their anti-nuclear position. We know that nuclear energy can be generated safely. In fact, Canada's nuclear safety record is exemplary and there has never been a claim under Canada's Nuclear Liability Act.

Our nuclear industry has sound technology, a qualified workforce and stringent regulatory requirements. However, as a responsible government, we must ensure that our security system is up to date and able to respond to any incidents that may occur.

The responsibility for providing a liability and compensation regime, a solid framework to protect Canadians and provide stability to this important industry, falls under federal jurisdiction. The Government of Canada, then, has a duty to all Canadians to assume its responsibilities in this area, and we are committed to doing so.

Although the basic principles underlying Canada's nuclear liability legislation remain valid, the Nuclear Liability Act is nearly 40 years old. It needs updating to address issues that have arisen over the years and to keep pace with international developments. Bill C-22 serves to strengthen and modernize Canada's nuclear liability regime. The proposed legislation is a major step forward in modernizing this act. It puts Canada in line with internationally accepted compensation levels and clarifies the definition for compensation, spelling out exactly what is covered and the process for claiming compensation.

This bill is the culmination of many years of consultations involving extensive discussions with major stakeholders, including Canada's nuclear utilities, the governments of nuclear power generating provinces, and the Nuclear Insurance Association of Canada. This is the fifth time that this nuclear legislation has been introduced, and I hope my hon. colleagues recognize the critical need for finally passing this legislation in a timely manner.

Let me be clear. If it had not been for the past filibustering by the NDP, the nuclear liability limits would already have been updated. It is my sincere hope that New Democrats will have a more reasonable approach this time around to modernizing nuclear liability. Bill C-22 significantly improves the claims compensation process, increases the financial liability of nuclear operators for damages, and provides greater legal certainty for the nuclear industry in Canada.

Like the offshore sector, under Bill C-22, the nuclear industry will also see an increase in the amount of operator liability, which would go from $75 million to $1 billion.

A liability of $1 billion balances the need for operators to provide compensation without burdening them with exorbitant costs for unrealistic insurance amounts, amounts for events that are highly unlikely to occur in this country. It is critical to remember that liability must be within the capacity of insurers, otherwise taxpayers would be held accountable for the cost. The $1 billion strikes that balance between protecting ratepayers and holding companies to account in the event of an accident.

Let me assure all hon. members that the new legislation will maintain the key strengths of the existing legislation. Most importantly, it will mean that the liability of the operator will be absolute and exclusive. There would be no need to prove fault, and nobody else would be held liable. Our government would also provide increased coverage for lower-risk nuclear facilities, such as small research reactors at Canadian universities.

Bill C-22 also features other key improvements.

First, Bill C-22 will broaden the definition of compensable damage in order to include physical injury, economic loss, preventive measures and environmental damage.

Second, it would extend the limitation period for submitting compensation claims. The limitation period for bodily injury claims, for example, would be expanded from 10 to 30 years. This would help to address latent illnesses that may be detected many years after an accident or incident. This is another way that our government is continuing to protect Canadians.

Finally, Bill C-22 will establish the authority to implement a simplified process for dealing with claims that can replace the regular court proceedings if necessary. This would allow Canadians to submit their claims more quickly and effectively.

Our government is taking concrete steps to address important issues for the nuclear sector. This includes responsible management of legacy waste; restructuring of Atomic Energy of Canada Limited, AECL; and promoting international trade.

When it comes to nuclear power, we are talking about a global issue that knows no borders. I am very proud to announce that Bill C-22 will also serve to implement the provisions of the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage.

My colleague signed the convention and tabled it in Parliament in December. The convention is an international instrument to address nuclear civil liability in the unlikely event of a nuclear incident.

By adhering to this convention, Canada will bolster its domestic compensation regime by up to $450 million by bringing in significant new funding. This would bring the total potential compensation in Canada up to $1.45 billion.

Joining this convention also reinforces our commitment to building a strong global nuclear liability regime. It is important that Canada's legislation is consistent with international conventions, not only financial issues, but also in regard to what constitutes a nuclear incident, what qualifies for compensation and other matters.

These changes will help establish a level playing field for Canadian nuclear supply companies, which welcome the certainty of providing their services in a country that is a member of the convention.

Given that our closest neighbour, the United States, is already a member of the convention, our membership will allow the two countries to establish civil liability treaty relations.

Korea and Japan have also signalled their intention to sign the convention. Once Canada becomes a member, the convention will be one step closer to becoming a reality.

In conclusion, these are just some of the ways that our government is ensuring that Canada is amongst the strongest liability regimes in the world. Bill C-22 provides a solid framework to regulate the offshore and nuclear liability regimes in Canada.

Although an offshore or nuclear incident is highly unlikely, we have to be prepared to deal with such incidents, which could result in cleanup, liability or other costs. Bill C-22 seeks to help prepare for that possibility. Its legislative provisions focus on the responsible promotion and development of our offshore and nuclear industries, which are essential.

In closing, I urge all honourable members to support this important piece of legislation.

[Chris Charlton, NDP, Hamilton Mountain, ON]

Mr. Speaker, let me begin by congratulating the member for Kenora for becoming the Minister of Natural Resources. I certainly look forward to working with him, not just on Bill C-22, but on all of the files in the portfolio.

I do regret that the minister started his new career by pointing fingers at the NDP for ostensibly holding up bills in the past, in particular this bill on nuclear liability, when in fact that is a bit of revisionist history. I would remind the member that the truth is that the Prime Minister killed his own legislation, in 2008, when he ignored his own fixed election date, and, in 2009, when he prorogued Parliament. He let Bill C-15, the predecessor of Bill C-22, sit around for a year, until the 2011 election.

Let me move on to a question this morning. I am pleased to see that while we have been revisiting this bill for the fifth time, the government has actually increased the liability limit from $650 million to $1 billion. However, there are a number of countries that believe there ought not to be a cap on liability at all. Some of those countries include Germany, Japan, Sweden, Finland, Denmark, Austria, and Switzerland, all of which have unlimited liability when it comes to nuclear power plants.

I believe, and I think my NDP colleagues all believe as well, that liability has to be strong enough so that a nuclear or offshore disaster never happens and that operators put the best safety measures into place.

I wonder whether the minister would, first of all, comment on why the government chose to limit liability at just $1 billion and, second, whether he would be agreeable in committee to looking at expanding that liability limit to be more in line with other international standards.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, I appreciate the kind words of my colleague. I look forward to working with her in her new role as the critic for this portfolio.

With respect to the liability question, obviously it would be fairly predictable for the NDP to use words like “no liability”, meaning no limits of money. That is not true. We should not expect that from our taxpayers. We have to be fair and reasonable to the industry.

A liability limit of $1 billion would mean Canada has among the highest limits in the world. There are countries who are doing this with certain success and Canada wants to be atop that, not just because we want to set an international standard with partner countries, but for the protection of Canadians as well.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I would like to thank the hon. member opposite for such an interesting speech. This is a first step, and it is time something was done to make up for time lost in recent years. However, like my colleague and our critic stated, I do not accept his claim that we on this side are responsible for the delays.

The member spoke about taxpayers. As Canadians, we are all taxpayers who participate in the Canadian economy. There is a $1-billion cap. According to several experts, this is really just another subsidy for oil and gas companies that are already benefiting from billions of dollars in subsidies.

Does the member not think, as we in the NDP do, that the most extreme form of the polluter pays principle should apply here, meaning that there should be no cap and the polluter should be the one to pay? If the polluter is unable to pay, it should not be conducting oil exploration in the gulf, for example.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, Canada's current absolute liability limits have not been updated since the 1980s. This bill will ensure that Canada's offshore regime for oil and gas, specifically for which the hon. member put the question, remains world class. A $1 billion absolute liability would place Canada's regime squarely among those of its peer countries.

In cases of fault or negligence, liability remains unlimited.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, in Canada we often benchmark ourselves with the United States, which is our major trading partner. We share many common regulations and standards. We often partner with it in terms of research on public safety.

Many of our international partners have much better protection when it comes to nuclear liability than what the Conservatives are proposing. The U.S. has an absolute liability regime of $12.6 billion U.S.

My question is, why would the Conservatives not want at least the level of liability that the Americans have in this field? Why would we have such a puny liability level compared with our major trading partner?