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Natural Resources committee Clause 54 provides the notification that is carried out by the tribunal. They decide an award in respect of the claim in subclause 54(2), and the notification is sent to the minister indicating the award and any reductions prescribed by regulations concerning any amounts already
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee It's an accounting of the decision. So it's a pure accounting.
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee It's columns, columns, columns. This is the payment.
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee In this legislation, as opposed to the previous legislation, there is a requirement for the minister to table in Parliament an estimation of the costs of the incident. So we see that as being the opportunity for having a good quantification of the damages early in the process.
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee That's correct.
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee But the alternative would be that if you had left the issue fully with the courts, the courts would deal with the claims on a first-come, first-served basis. Then that would not serve the bulk of the victims. I would expect, rather, that who can be first across the line would be
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee The issue, though, is that it's not really any different from any other administrative tribunals that adjudicate very large losses and large damage situations.
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee The minister would pay out of the nuclear liability reinsurance account, and the amounts would be reimbursed by the operator into the reinsurance account.
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee The operators have the insurance now. The federal government has a small amount in the reinsurance account. When the tribunal is established, the operator's liability is to the crown instead of to the individual victims, and those payments become a debt to the crown. So when the
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee The limit of the tribunal's authority to pay out is $650 million. But one would expect that if additional funds were being appropriated, they would be appropriated as a result of the tabling of the report, soon after the incident, of the estimated cost of claims, etc. It would be
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee That's correct. Going into this, the tribunal must realize that it has $650 million to use to compensate victims. It has by regulation certain abilities to pro-rate expenses, to not pay certain damages, etc., in order to maximize that $650 million or to triage it, as you indicate
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee The situation is that the chair of the tribunal would ask for certain cases to be considered either by a claims officer or by a panel of one. A case may be heard by a claims officer who is not a retired judge but is someone who is used to dealing with claims for compensation. In
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee Go ahead, Brenda.
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee That's correct.
December 7th, 2009Committee meeting
Dave McCauley
Natural Resources committee That's correct. The panel would be set up from the members of the tribunal. The backgrounds of the members of the tribunal are described in clause 38, that a majority of the members are to be appointed among sitting or retired judges.
December 7th, 2009Committee meeting
Dave McCauley