Bill C-38 (Historical)

An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River

This enactment permits Atomic Energy of Canada Limited to resume and continue the operation of the National Research Universal Reactor at Chalk River in Ontario for a period of 120 days despite certain conditions of its licence under the Nuclear Safety and Control Act.

[ Continuation of proceedings from Part A ]

(The House resumed at 7:33 p.m.)

An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River

[The Deputy Speaker, Bill Blaikie]

Pursuant to order made earlier today, Bill C-38, An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River, is deemed read the second time and referred to a committee of the whole.

I do now leave the chair for the House to go into committee of the whole.

(House in committee of the whole on Bill C-38, An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River, hon. Bill Blaikie in the chair.)

[The Chair, NDP, Bill Blaikie]

Before we commence the debate on Bill C-38, I would like to ask the House's indulgence in the sense that we are doing something that has not been done for a very long time, which is having witnesses in committee of the whole. We have some logistical problems with microphones, et cetera, so I would beg the House's indulgence as we try to do this procedure that we have no experience at.

We will have witnesses in the chamber, which is something I believe has not been done since the second world war and, in respect of that, I would recognize the government House leader on a point of order with respect to admission of a new witness to the list.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Chair, earlier we considered a motion for witnesses before this committee of the whole. There is an additional witness that our witness from the Canadian Nuclear Safety Commission would like to have added. I seek the consent of the committee to add as a witness Barclay D. Howden, the director general of the Directorate of Nuclear Cycle and Facilities Regulation of the Canadian Nuclear Safety Commission.

[The Chair, NDP, Bill Blaikie]

The committee has heard the request of the government House leader. Is there unanimous consent?

[Some hon. members]

Agreed.

[The Chair, NDP, Bill Blaikie]

There have been discussions and what has been agreed upon, if I understand it correctly, is that we will have an opening five minute statement first by the Minister of Health, then by the Minister of Industry and then by one of the witnesses who has indicated that she would like to make a statement.

Therefore, we will have three five-minute statements and then we will proceed to 20 minute rounds beginning with the official opposition, then the Bloc Québécois, then the NDP and then the government, and we will proceed from there. Of course parties can divide their 20 minutes as they see fit, having more than one questioner or whatever, and may ask questions of either the witnesses or the minister.

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Chair, just for the sake of clarity, I think the government House leader would want to confirm that the other people we are expecting as witnesses tonight are indeed on route and will arrive during the course of the evening.

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Chair, I have been assured of that. They are taking a little longer than anticipated due to the inclement weather and I understand that this committee will have to adopt a motion to invite them in at the appropriate time, but at that time they will be available to make statements and be questioned.

[The Chair, NDP, Bill Blaikie]

Yes, again, we have had some discussions and I understand that when the witnesses, who are making their way here in the inclement weather, arrive they will be escorted in to sit at the table. I do not think any motion or suspension of the sitting will be necessary.

Without any further adieu then, I recognize the hon. Minister of Health.

[Tony Clement, Conservative, Minister of Health and Minister for the Federal Economic Development Initiative for Northern Ontario]

Mr. Chair, I am speaking today in support of the government's legislation, Bill C-38, to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River.

As the Chair knows, the extended shutdown of this reactor has resulted in a worldwide shortage of medical isotopes. These isotopes are used by physicians for cancer and heart disease treatment and diagnostic tests.

This shortage has resulted in an intolerable situation in which cancer and heart disease treatments and diagnostic tests are being delayed or cancelled.

Our government is very concerned about the fact that Canadians are unable to obtain the treatment they need.

We have learned that many institutions have very limited supplies and some centres, particularly in the Atlantic provinces and in smaller communities across the country, are focusing on emergency patients only.

If the shortage goes on any longer, it will have a serious impact on public health in several provinces. We are already seeing some of the effects.

One hospital in Newfoundland and Labrador, for instance, has told me that most of its staff in nuclear medicine has been sent home. Without isotopes, there is no work to do. Its last generator expired at 12 noon last Friday and its has no backup. All appointments for patients have been cancelled and all emergency patients are being turned away.

Another gentleman in St. Catharines, Ontario, suffering from cancer, had his badly needed treatment this morning cancelled because the hospital did not have the necessary nuclear isotopes.

Dr. Brian Day, president of the Canadian Medical Association, has indicated that the CMA is “very concerned” about the situation and that, “In balancing relative risk, it is important to ensure that the serious and immediate human health consequences of the isotope shortage are fully taken into account”.

This is obviously a very critical situation, and resuming medical isotope production is an immediate priority for Canada's government. In fact, ensuring that cancer patients receive their treatment should be a priority for all the members in the House, and I urge them all to support this legislation.

We reacted promptly and firmly the moment we were alerted to this extended shutdown of the reactor and we are exploring all our options. We remain in constant contact with Atomic Energy of Canada Limited and the Canadian Nuclear Safety Commission to ensure that those two organizations cooperate to find a solution to this severe shortage.

We have been working with our officials as well as national and international partners to identify alternative sources of supply in other countries, other isotopes that can be applied and other diagnostic options which may be available.

We have worked diligently toward resolving the situation, but the best solution for Canadians would be to make these necessary medical isotopes available as quickly as possible. For this, we need to get the reactor at Chalk River up and running again. That is why I support Bill C-38.

[Gary Lunn, Conservative, Minister of Natural Resources]

Mr. Chair, it is a great opportunity to speak. We are here to discuss Bill C-38 and to discuss the extended shutdown of the Atomic Energy of Canada NRU reactor at Chalk River and the serious shortage of medical isotopes it has created.

I want to state from the outset, upon learning of this situation, our number one priority all along has been 100% solely focused on resuming the production of isotopes or looking for an alternative supply. We believe this was the thing we had to resolve.

I can advise the House that on November 30, Natural Resources Canada and my office received an email from government relations, and I did not personally receive this, on the Friday, not raising any alarm bells and advising them that the reactor would resume operations early in December.

After the weekend, upon learning of this and discussing it with the deputy on December 4, we immediately launched into action, with our focus on resuming the production of medical isotopes and looking at all the options available to us, both in Canada and around the globe. I am working very closely with the officials at the Department of Health.

I and my deputy engaged in conversations with both AECL and the CNSC on December 5 and December 8. We encouraged both parties to look constructively and to work cooperatively together for any possible solution on how we could expedite the situation we were in.

Again, that was followed up by correspondence by myself and the Minister of Health, with letters to both organizations encouraging that in writing and following that, receiving their responses.

We are now before the House after we believe we have received the advice of the experts that we can resume production of this facility in an absolutely safe manner.

Therefore, we have presented Bill C-38 to the House as we believe it is in the public interest of Canadians. This reactor is responsible for some 25,000 medical procedures a day.

We look forward to receiving questions from all opposition parties and members of the House. We look forward to their support so we can resume the operation of the reactor to resume production of medical isotopes.

[The Chair, NDP, Bill Blaikie]

We will now hear from Ms. Linda Keen, president and chief executive officer, Canadian Nuclear Safety Commission.

[Linda J. Keen, President and Chief Executive Officer, Canadian Nuclear Safety Commission]

Mr. Chair, I thank the House for the invitation to be here today.

I am pleased to come before committee of the whole to discuss with members the important role of the Canadian Nuclear Safety Commission, which is to assure the health, safety and security of Canadians and the protection of the environment under our legislation, which was given to us by Parliament, the Nuclear Safety and Control Act. I will specifically address the NRU reactor issue.

I would like to begin my remarks this evening to emphasize my personal commitment to the health and safety of Canadians. The CNSC does understand the seriousness of the shut down of the NRU reactor in Chalk River and the importance of the beneficial use of radioisotopes in the nuclear medicine field. In fact, the CNSC does regulate and license every hospital and health clinic in Canada and we have been working with them to expedite any licence amendments that are necessary for them to be using new methodologies or new equipment.

The Canadian Nuclear Safety Commission was created by Parliament in 2000 under the Nuclear Safety and Control Act, but nuclear facilities and substances have been regulated for over 60 years. With 2,500 licensees in Canada in every aspect of the nuclear industry, be that mining, refining, power reactor, research reactors, clinics, and industrial uses, the CNSC has what is arguably the largest mandate in the world for regulation. This is done on behalf of Canadians. Canadians are our only client.

There are no nuclear facilities in Canada that are not under the regulatory control of the CNSC and under the regulatory control of the Nuclear Safety and Control Act.

Nuclear regulation is a federal responsibility. There are no provincial regulators in existence to back up this responsibility.

I can assure the House that the commission is comprised of highly skilled, competent and dedicated nuclear scientists and engineers like Barclay Howden, who is with me today. I am proud to support their judgment, their competence and their use of their professional credentials. We are nuclear experts.

As the leader of the CNSC, I have been entrusted with the obligation to fulfill this mandate, under the Nuclear Safety and Control Act, to provide this regulatory oversight.

The Nuclear Safety and Control Act, which was passed by Parliament, is considered one of the most modern and up to date legislations in the world. In fact, we are a model for many countries around the world.

The commission is a quasi-judicial administrative tribunal. It is non-partisan. It is a court of record and it has a long history of regulating nuclear facilities. It is independent of all influence, be it political, governmental, private sector, or non-governmental organizations, but it does not have an economic mandate. Our members are appointed because of their expertise. They are scientists, engineers, business people, who are dedicated servants of Canadians.

As a quasi-judicial administrative tribunal, the commission must act within the specific authority and powers given to us by Parliament under the Nuclear Safety and Control Act.

I would like now to address the NRU.

The commission had serious concerns regarding the safety of this 50 year old nuclear reactor when its licence was ready to expire. When the commission considered the licence renewal application in the spring of 2006, it seriously questioned the safety of this NRU. Its decision, effective August 1, 2006, to grant this new licence was based on specific assurances by AECL that its safety case was complete and that the seven key safety upgrades were completed.

On November 19, during a safety inspection, the staff discovered that significant safety upgrades to the reactor were not carried out. This is a violation of its operating licence.

Upon discovery of this non-compliance, AECL announced voluntarily its decision to shut down this reactor to connect these two critical pumps in order to be in compliance with the act and safety needs. The AECL indicated to us, at a commission meeting on December 6, that it agreed with the CNSC staff that this was a safety issue and that it would keep these reactors shut down.

In order to resolve this, the commission needs to see a safety case. It needs to see a licence amendment. As of this evening, CNSC has not received a licence request or a safety case and the staff is working 24/7 to help AECL to proof out their safety case, but we have not received it. The CNSC remains ready to act when and if AECL is ready to give this to us.

[The Chair, NDP, Bill Blaikie]

I understand, for the information of members, that other witnesses have arrived and are proceeding through security at the moment. They will be joining us shortly.

We will now proceed to the first round of 20 minutes with the official opposition.

The hon. member for Etobicoke—Lakeshore.