Nuclear Liability and Compensation Act

An Act respecting civil liability and compensation for damage in case of a nuclear incident

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Gary Lunn  Conservative

Status

Third reading (House), as of June 19, 2008
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment establishes a liability regime applicable in the event of a nuclear incident that makes operators of nuclear installations absolutely and exclusively liable for damages up to a maximum of $650 million. Operators are required to hold financial security in respect of their liability. This amount will be reviewed regularly and may be increased by regulation. The enactment also provides for the establishment, in certain circumstances, of an administrative tribunal to hear and decide claims. Finally, this enactment repeals the Nuclear Liability Act and makes consequential amendments.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 6, 2008 Passed That Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident, be concurred in at report stage.
May 6, 2008 Failed That Bill C-5 be amended by deleting Clause 47.
May 6, 2008 Failed That Bill C-5 be amended by deleting Clause 32.
May 6, 2008 Failed That Bill C-5, in Clause 68, be amended by deleting lines 1 to 3 on page 20.
May 6, 2008 Failed That Bill C-5 be amended by deleting Clause 30.
May 6, 2008 Failed That Bill C-5, in Clause 66, be amended by deleting lines 10 to 12 on page 19.
May 6, 2008 Failed That Bill C-5, in Clause 66, be amended by deleting lines 7 to 9 on page 19.
May 6, 2008 Failed That Bill C-5, in Clause 66, be amended by deleting lines 3 and 4 on page 19.
May 6, 2008 Failed That Bill C-5 be amended by deleting Clause 21.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 11:45 a.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, if we consider it, a major nuclear catastrophe probably would not be covered by any sort of limited liability, whether it is $10 billion or $650 million.

There may be a requirement to create a nuclear liability regime of two tiers. The first tier would be liability insurance, which we are proposing here, but the second tier could be an unlimited amount paid initially out of the public purse with all the nuclear operators that are engaged in the same industry being required to pay back on a divided pro-rated basis. Therefore, we could have some protection within the industry as well, which might be one of the ways that we could expand the liability.

We are interested in the thoughts of members on this issue. These are potential changes that could be made to the legislation with the support of all parties.

As we have seen in the past, when we have gone forward with amendments that go beyond what the minority government wants, it simply does not bring the bill forward. We are concerned about that because it is not a useful situation in the work we do in Parliament.

We would like to see some frank discussions about the bill before we make our choice about how we vote on it.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 11:45 a.m.
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Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, just of interest, I was in Oslo, Norway when Chernobyl went up. We were kept in an underground bunker for an extra day at our NATO meeting because of that. It obviously was a terrible event.

My hon. colleague raises some valid points but he tends to focus on a doomsday scenario. However, in his last response he alluded to some reasonable limits, the $650 million being a reasonable limit, which is in accordance with most of the other people we deal with.

I would like to get the member's appreciation of the reasonableness of those limits based on the standards that are applied to nuclear facilities in Canada. It reads, “The Canadian Nuclear Safety Commission has concluded the process and mitigating systems required in the design of Canadian nuclear power plants rendered accident scenario with any significant release into the environment to be unreasonable”.

The Three Mile Island accident cost the U.S. $42 million, about $100 million in current Canadian dollars. The Canadian Nuclear Safety Commission has also said that a worst case scenario accident would range from $1 million to $100 million based on the kind of standards we are talking about with Canadian technology.

I am wondering if my hon. colleague would comment on the protection provided by Canadian technology and how that marries up with some reasonable limits of liability.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 11:45 a.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I go back to the American limit of $9.7 billion. The Americans had experience with Three Mile Island and they have had extensive experience with nuclear reactors. That is the limit they have set on their industry.

In looking at our industry, we have $75 million right now, so we obviously need to change. Where do we change to? If what the member is saying, that the likelihood of an occurrence of a large event with Canadian safety records and with the good work that Canadian engineers do we will not have a big event, I would suggest that might mitigate the charges that would go to accompany under any liability but does not necessarily mean that we need to limit the amount. The liability carried could be carried at a higher level regardless of what the anticipated occurrence cost is going to be. The occurrence cost is one thing and the liability is another.

When we look at the industry in North America and put it into context with what the United States is doing, where are we?

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 11:50 a.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I would like to congratulate my colleague from Western Arctic on his very clear presentation. I would also like to congratulate him on the work he is doing as part of the Standing Committee on Natural Resources. I hope that he will raise these questions about this bill in committee.

I would like to ask him a question. We heard about the trials and tribulations that his riding has been facing. Would the people in his riding like it if the government decided that it wanted to bury future nuclear waste there?

I would also like to point out that $75 million, as set out in Bill C-5, is 150 times less than $9.7 billion. One hundred and fifty times less is a big deal. Can he explain how the government arrived at that figure? Even if that number was to reach the $650 million suggested by the commissioner in 2005, that would still be 16 times less than $9.7 billion.

I would like the member to comment on that and to help us understand what is going on.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 11:50 a.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, as I mentioned in my speech in response to the question from my colleague, our experience in the Northwest Territories with industrial development, the responsibility for the clean up of contaminated sites, and the ongoing problems in human health has been almost non-existent.

What we have seen, what the past has given us, is not really all that favourable toward the industry. On the other hand, we all know that there are countless junior companies looking to explore for uranium in our region. We do recognize as well that the nuclear industry is an industry that is a well established industry in Canada.

To speak to what my constituents want is a difficult issue just as it is a difficult issue for everyone in the House. What we have to do is come to a rational understanding of the nature of the nuclear industry and the requisite amounts of liability that should be put in place that will put the industry on a level playing field with other energy sources in the country. To me that is a fundamental thing that should happen here. If we do not do that then as parliamentarians and as legislators we are not fulfilling our role but acting for special interests or acting in a manner that is not compatible with what Canada needs.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 11:50 a.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I will be sharing my time with the member for Cypress Hills—Grasslands.

I rise in support of Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident. The intent of this bill is to repeal the Nuclear Liability Act, and in the process to update and modernize Canada's liability and compensation insurance framework.

I will take a few minutes to outline the rationale for this bill and explain why the changes that it proposes are necessary. In doing so, I will touch on the general principles that are the basis for both the current act and the bill before us, but first, for the benefit of the hon. members, I would like to underline the contributions that nuclear energy makes to our national well-being.

Canada was a charter member of the original nuclear energy club and today is a world leader in the development and use of nuclear power for peaceful purposes. We have remained in the vanguard of many critically important fields, including reactor technology and safety.

With regard to the issues that this bill addresses, liability and compensation, we are pioneers in these areas. Canada can proudly claim to be among the first nations to establish an insurance framework that addresses the special circumstances of the nuclear power sector.

Concerning our national interests, the hon. members know that strong nuclear energy brings great economic and environmental benefits to Canada. The CANDU reactor is the workhorse of Canadian nuclear energy and it is one of the most environmentally clean energy sources available to us. Without it, Ontario, for example, would not have been able to reach the levels of industrialization that it has. Indeed, if it had not been for CANDU reactors in Canada, we would have had to burn huge quantities of coal to feed the furnaces, to turn the turbines of Canada's electrical generating stations.

Let me now turn to the bill itself. Like the current act, it is based on three fundamental principles: absolute liability, exclusive liability and mandatory insurance.

Absolute liability means that a nuclear operator will be held liable for an accident whether or not the operator was at fault. This means that even if the incident is a result of the actions of others, vandalism for instance, or negligence on the part of a supplier, the operator will be held exclusively liable for compensating third parties.

The concept of absolute liability has a great practical value. It means those affected will not have to wind their way through a highly complex industry to determine who is at fault because in all scenarios there will be no question of where to take a claim for compensation. Liability belongs with the operator and the buck stops there.

The second principle, exclusive liability, is closely allied to the first. It means that no party, other than the operator, no supplier or subcontractor, for instance, will be held liable for an incident.

This principle benefits both the nuclear industry and Canadians who could be potentially affected by a nuclear incident. For industry suppliers or subcontractors, it removes a liability risk that would deter them from getting involved in a nuclear project, especially when insurance against this type of risk is narrowly limited. For others, the principles of exclusive liability makes it easier to file the claims.

These principles are embedded in both the Nuclear Liability Act and in the bill before us, and for good reason, for without the certainty that the act provides on a question of liability, insurers would not be able to marshal the necessary insurance capacity to cover the facilities. Under these circumstances, without insurance, who would want to invest or get involved in nuclear development?

The Nuclear Liability Act has been a serviceable instrument, but nevertheless, it is time now to update it, modernize it and simplify it. This is entirely what one would expect. The existing act now dates back 30 years.

Indeed, if we started the clock at 1970, when the act was drafted, the legislation could be said to date back a full 37 years, which is several lifetimes in terms of nuclear technology and the related technologies such as computer compatibility.

The act, in its present form, thus reflects the technology, the science, and thinking of an early age and experience gained up to that time. In the interim, however, while the nuclear industry has evolved and improved dramatically, inflation and our evolving jurisprudence have caused the potential liability for incidents to increase.

Accordingly, the legislation must evolve. We must maintain the basic concepts of absolute and exclusive liability, but we must increase liability amounts, increase mandatory insurance requirements, add new concepts of damage, and provide better definitions of the compensation process. What we must do is meet the practical requirements and the realities of a new century.

The proposed legislation makes significant changes in the matter of compensation. In financial terms, it increases the liability for nuclear operators. The Nuclear Liability Act sets the maximum at $75 million, an amount that now stands as one of the lowest limits among the G-8 group of nations.

The proposed legislation would better reflect the conditions of today by raising that limit to $650 million. The proposed legislation would increase the mandatory insurance that operators must carry by almost ninefold. It would permit operators to cover half of their liability with forms of financial security other than insurance. This could be, for example, letters of credit, self-insurance and provincial or federal guarantees. All operators would be required to conform to strict guidelines.

In terms of time limits on compensation claims, this bill also raises the limit from 10 years to 30 years for claims related to injury or death. This change recognizes the reality that some radiation-related diseases remain latent for long periods.

This bill would include modern definitions of nuclear damage reflecting today's jurisprudence and international conventions in this area.

I want to emphasize that the issues and changes that the proposed act addresses are the products of years of experience, deliberation and above all compensation. We did not want the Government of Canada to proceed unilaterally or in a piecemeal fashion because such approaches do not make for either consistency or certainty. There are reasonable expectations and we have respected them. We will continue to do so.

The practical benefits of this proposed legislation to the people of Canada are many.

I am particularly pleased to recognize the important work of the 2,513 employees who work directly in the nuclear industry in my riding of Renfrew—Nipissing—Pembroke and the 4,834 AECL employees across Canada.

At 6:10 a.m., November 3, 1957, the National Research Universal, NRU, reactor at AECL's Chalk River laboratories reached the starting point for the first time. Designed for research and plutonium protection at a cost of $60 million, with that landmark achievement, Canada's science and technology stepped onto the world stage.

I encourage all parliamentarians to join me in congratulating AECL as it celebrates this 50-year milestone in the history of nuclear research in Canada. I am pleased to recognize Mr. John Inglis, the shift supervisor and engineer in 1957 for the startup. Mr. Inglis still resides in Deep River today.

I support this bill because it makes for progress in a field of critical importance to our economic and environmental well-being. There is no question that Bill C-5 well services the national interest and the public good. I therefore urge hon. members to give it their support.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / noon
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Cypress Hills—Grasslands Saskatchewan

Conservative

David Anderson ConservativeParliamentary Secretary to the Minister of Natural Resources and for the Canadian Wheat Board

Mr. Speaker, I am pleased to have the opportunity to add my voice in support of Bill C-5.

All members of the House know that nuclear energy is important to Canada's energy supply. Three provinces produce electricity from nuclear power. Ontario, Quebec and New Brunswick have safely used nuclear power for many years in their energy mix.

Nuclear power contributes 15% of Canada's electrical generation. Fifty per cent of Ontario's energy needs is nuclear. Nuclear is a clean greenhouse gas emissions-free technology and it is part of our energy security. It is also extremely important to our commitment to reduce greenhouse gases in Canada.

The debate should not be about alarming people, but the NDP seems to have taken that position. It should be about assuring Canadians that our energy future is safe and secure. We have generated electricity in Canada using nuclear power for more than 30 years, and we have done it safely and without mishap.

We fully expect that the nuclear industry's fine safety record in Canada will continue for many more generations and as technology improves, so should safety. As my colleague just pointed out, it has been 40 years since the debate begun on the issue of nuclear liability and the Nuclear Liability Act and has represented several generations of nuclear technology. It is time to update this act.

The government is also being realistic and responsible in its treatment of nuclear power. In the unlikely event that there should ever be a problem, we intend to be properly prepared to help Canadians. This is an important reason why the liability legislation is now being modernized.

The 1976 Nuclear Liability Act established a compensation and civil liability insurance framework to address damages resulting from a nuclear accident. It applies to Canadian nuclear facilities, such as nuclear power plants, nuclear research reactors, fuel processing plants and facilities for managing used nuclear fuel. The proposed nuclear liability and compensation act improves the claim compensation process for potential victims and requires nuclear plant operators to maintain financial security sufficient to cover potential liability.

We are modernizing Canada's nuclear liability legislation to give us nuclear legislation comparable to that of other western countries. We believe that Canadians deserve that protection.

The proposed new legislation will increase the amount of compensation available to address civil damage, broaden the number of categories for which compensation may be sought and improve the procedures for delivering that compensation.

The monetary limit in the proposed legislation for operator third party liability has been increased to $650 million from $75 million in the present act. Under Bill C-5, the operators will be required to carry at least $650 million in financial security to cover potential liability. This is in line with current international standards.

It is important that I correct something the NDP has been saying this morning and the impression it has been leaving.

In the United States individual operators are responsible for a limit that is very similar to what we are proposing in Canada. They are required to carry $330 million in primary insurance on their individual operations and $100 million secondary coverage for each reactor on the site. Therefore, the $650 million is within the range of what is happening in the United States.

The government is also prepared, through the legislation, to provide coverage for certain risks for which there is no insurance and it will cover smaller facilities through an arrangement with approved insurers. Under proposed Bill C-5, claims for compensation will be pursued through the operator and the insurer and such claims may be settled through the courts and a tribunal system, which we will establish through the bill. As I mentioned, the bill provides for an administrative regime, a nuclear claims tribunal, if deemed necessary by the government.

Since the Nuclear Fuel Waste Act was passed in 2002, almost $1 billion has been invested in trust funds by nuclear energy corporations for eventual use for the long term management of used nuclear fuel. When combined with modernized legislation, Canadians can be assured that the operators of Canada's nuclear facilities will be able to meet all of the financial costs associated with both long term waste management and potential liability. Unlike some industries, Canada's nuclear operators manage the effects of their own nuclear operations. This should address some of the concerns the Bloc has had on this issue.

Modernizing the legislation will ensure the highest standards for nuclear power in Canada. The new bill reflects the Government of Canada's commitment to taking clear and decisive steps to protect the well-being of Canadians and our future needs for power.

Our discussion today has focused on the issues of liability and compensation, but I want to assure Canadians that the emphasis on insurance does not mean we have become somehow more vulnerable. The fact is a Chernobyl type accident is not possible at a Canadian nuclear power plant. This has been the conclusion of a number of studies made of Canadian reactors to assess the degree of risk associated with their use. My colleague from Edmonton Centre mentioned two of these studies earlier this morning to make that point.

We have a number of inherent safety factors built into Canadian nuclear power plants, safeguards that would prevent the significant off site release of radioactive material.

Dr. Kenneth Hare was commissioner of an Ontario ministry of energy study. He said:

—if a shut-down system with the capability of a CANDU shut-down system had been available to the operator of the Chernobyl reactor, the accident would not have occurred.

The government is acting responsibly in regulating Canada's nuclear industry. Nuclear energy is vital to Canada's economic and environmental well-being. It is a clean emissions free technology and it will add substantially to our collective efforts to reduce greenhouse gases.

Bill C-5 would create the legislative infrastructure for the orderly development of this energy source to benefit all Canadians. The bill merits our support and I look forward to the support of the other parties in the House.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 12:10 p.m.
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Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Speaker, the hon. parliamentary secretary's comments on the proposed legislation are well exercised. I have both a question and an offering, which his minister may have discussed a little earlier.

It appears at first glance that no municipality currently host to nuclear waste or that houses a facility, such as mine in Pickering, has been consulted on the bill. While these are early days, it has our party's support to send it to committee to have that consultation, Would the hon. member accept an undertaking to consult the mayors of Clarington, Pickering, Kincardine and the member for Renfrew's mayor as well?

It seems to me that the municipalities carry an uneven burden. In terms of the liability immediately and the cost of deployment with any difficulties that occur, the municipalities tend to be on the hook for this.

Could the hon. member inform the House as to whether some facilities are now in the hands of the private sector, particularly the Kincardine Bruce power facility? Does the act in any way detract from or does the fact that some of our nuclear facilities, at least one, being owned in the private sector, create any problems as far as the bill is concerned?

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 12:10 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, as the member heard earlier, the minister has made a commitment to consult widely on this issue. He has mentioned that the principle of the bill has been discussed for several years now and there has been wide consultation in the past.

We look forward to consulting with people. I know there has been interest this morning in the committee having hearings on the bill and we look forward to hearing from a wide variety of people. Therefore, we will be looking at that.

The point of the bill is to make it easier for operators in the country to access the insurance they need to operate their nuclear facilities. We look forward to the opportunity for all of the operators to meet those requirements.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 12:10 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, the member talked about American regulations and laws. Is one of the objectives of the bill to encourage American companies to operate and invest in Canada's nuclear industry?

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 12:10 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, I am not sure if the member was present a little earlier. One of the members of the NDP continually raised the issue of liability in the United States and wanted to talk about those limits.

I specifically talked about the fact that the bill would bring our compensation limits into line with those of many other countries, including the requirements in the United States. The NDP wanted to use that example so I thought it was important to respond specifically to that.

One of the concerns I have had this morning with the NDP's position is its members would oppose the bill if the liability amount is set at zero. They would oppose it if it is set at $75 million. They seem to be willing to oppose it if it is at $650 million. I believe they would oppose the bill no matter what the amount would be.

The concern of the NDP does not have to deal with a realistic situation, as the Liberal critic pointed out earlier. It can stand in opposition on almost anything. However, we need to work to find a realistic solution for the industry in order to provide insurance coverage for it that is reasonable, given any likely scenario.

We think we have done that. It appears we have the support of a couple of the other parties in the House. We think this is a reasonable amount.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 12:15 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, the Bloc's position is clear. With regard to nuclear energy, the Bloc is calling for strict and effective controls at all stages: extraction, transportation, and generation of heat and electricity. For these reasons, the Bloc Québécois supports the principle of the bill on operator liability in the event of a nuclear incident. However, it is deplorable that the Conservative government has failed to take advantage of the recent announcement—regarding radioactive waste disposal—to launch public consultations about nuclear energy. The government is going ahead without any debate while the use of nuclear energy has far less than unanimous acceptance.

The Bloc Québécois does not want any compromises where safety is concerned. The disasters of Chernobyl, in the Ukraine, Three Mile Island in the United States, many small accidents in China and India, and all the incidents which almost became accidents and which fortunately were not very serious, underscore and must always remind us of the serious consequences of nuclear accidents and incidents and the importance of doing everything to avoid them.

By answering to the powerful nuclear lobby, the Minister of Natural Resources is becoming one of the principal promoters of nuclear energy. The minister seems to forget that nuclear energy is not, as he mistakenly claims, a clean energy. Radioactive waste is still a significant problem and very expensive to manage. The Minister of Natural Resources, who continues to be optimistic about nuclear energy—primarily with regard to tar sands extraction—should exercise caution with regard to a source of energy for which there is less than unanimous acceptance and with risks that are far from benign.

In Pickering, waste from the nuclear plant is contaminating the lake. Thus, there are dangers at all stages of nuclear generation. Without being alarmist, we must realize that nuclear energy should not be this minister's first choice and he should insist more on the development of energy sources that are truly clean such as wind, solar and geothermal energy, which could meet all of Canada's energy needs.

I would like to point out that we are currently developing wind energy in a big way. For some provinces in particular, wind energy is starting to complement hydroelectric stations. Solar energy should be developed on a much larger scale. Nonetheless, I want to mention geothermal energy in particular, not at the surface, but at medium depths. Geothermal energy at depths of 3,000 to 5,000 feet can provide enough energy to drive co-generation electricity turbines for every small community in Canada and Quebec. This type of energy does not require any legislation to protect people. This energy is available and renewable for life.

We see that promoting nuclear energy is on the agenda for the Minister of Natural Resources. He wants to call it clean energy, but we do not necessarily think it is as clean as he claims because of its waste.

It is true that we gain in terms of greenhouse gases, but not if we use nuclear energy to extract oil from the tar sands. The greenhouse gases created by extracting the oil will not be offset by the nuclear energy that does not produce greenhouse gases. It does not justify extracting more oil and creating more greenhouse gases that have an irreparable impact on climate change.

The Bloc Québécois will study Bill C-5 carefully in committee in order to ensure that there are no loopholes that will allow operators to shirk their responsibilities, that taxpayers will not unduly share part of the risk and the cost of compensation, and that the amount of insurance coverage is reviewed regularly with a view to international standards and unstated risks.

This bill includes an amount that is not what the international community considers realistic. It is therefore obvious that taxpayers, Canadians, will have to pay any cost exceeding this premium in the event of an accident.

Furthermore, it is very important to assess the real cost of the damages that could result from a nuclear accident, so that we get the right amount of insurance. Earlier the Conservative government was saying that their studies show that damages would only be as high as a few million dollars. The committee will go over these studies with a fine toothed comb because we would very surprised if they had not been conducted by proponents of nuclear energy.

By introducing this bill on safety and liability in case of incidents, the minister is acknowledging that nuclear power poses a huge potential threat. Otherwise, he would not introduce bills about solar power. Truly clean energy sources, such as wind, solar, geothermal and hydro, do not need bills like this one. If this bill is passed, it should include a framework that really improves safety.

The Minister of Natural Resources does not have much credibility when it comes to nuclear energy. In fact, his enthusiasm for this energy source indicates that he is merely answering to lobbyists even though a thorough debate is needed. It is hard to believe that he himself decided nuclear is a good idea.

In recent press releases, the minister alleges that nuclear energy is clean because it emits virtually no greenhouse gas. While it is true that nuclear energy produces only a small quantity of greenhouse gas, it does produce radioactive waste that is difficult and expensive to manage.

To ignore this would be to mislead Canadians and Quebeckers who are afraid of nuclear and want nothing to do with it, especially in Quebec. Why are the minister and his government failing to recognize the concerns of our nation and avoiding a broader discussion and in-depth consultation with the people?

The Minister of Natural Resources announced that he had chosen the recommended approach, adaptive phased management (APM), to ensure the long-term management of spent nuclear fuel in Canada. APM includes the isolation and containment of used nuclear fuel deep in the earth. Where? Who knows. The government has been looking for a place to put it for 40 years now. As a temporary solution, the government will be looking for shallow underground containment. That is what the minister himself said. Clearly, he has no idea what to do with nuclear waste.

The minister also said that this is a safe long-term approach. How can he be so sure of that?

In that announcement, one also reads:

APM will ensure the used nuclear fuel is monitored—

Clearly the minister is not sure that nuclear waste can be safely stored this way. It must be monitored. Who will pay for that monitoring? It is certainly not the companies that use nuclear fuel. There is no reference to that in the bill. So, taxpayers will pay for that monitoring, and for the monitoring against terrorism at nuclear reactor sites. It will always be taxpayers who pay. The bill has nothing to say on that subject.

Further on, we read:

The [Nuclear Waste Management Organization] will begin planning and designing a site-selection process collaboratively with Canadians.

The Minister of Natural Resources is laughing at us. That is exactly what they have been trying to do for 40 years, plan a site, and it still has not been done. So, there must be major problems. The moment that the location of the site is decided, there will be such a public outcry that the minister will have to change tack.

It especially unsettling to know that the Minister of Natural Resources is in favour of the use of nuclear power to increase production of oil from the tar sands. Once again, he is being irresponsible. The minister has this to say:

“As we see the potential increase in oil sands production moving from a million barrels a day up to four or five million barrels, we need to do better. I think there is great promise in the oil sands for nuclear energy”.

The more oil we produce from the tar sands, the more greenhouse gases we will produce, and nuclear energy will not prevent greenhouse gas emissions, quite the contrary.

We ask the minister how this bill will protect the health of Canadians. That is what he says he wants to do. However, we know that nuclear power stations send contaminants into the air.

How can he show us that there is no more danger? He would not need this bill if this were the case. If he does not include this in the bill, we may conclude that he does not know how to protect the health of Canadians. Bill C-5 forces nuclear power stations to insure themselves against the damage caused by an accident. It does not deal with protection of public health.

Since the accident in Russia, at Chernobyl—more specifically, in Ukraine — energy safety has become the major political priority. In Europe today, for example, all possible solutions other than nuclear are being reconsidered. In England, a parliamentary commission has warned the public about the construction of new stations. A simple sentence confirms the fears of those who accuse the British prime minister of yielding to the nuclear lobby. In 2003, the government published a white paper on energy that emphasized renewable energy and ruled out any renewal of a civilian nuclear program.

I want to come back to the accident that occurred in Chernobyl 20 years ago. Twenty years later, people have visited the site, which is still radioactive. This site is still dangerous, and the effects of the accident are still being felt.

How does the Minister of Natural Resources think that a bill can protect people against radioactive fallout for 30 or 40 years or more?

Bill C-5 provides for $75 million, the same amount as in 1976. If this amount had at least been adjusted for inflation, it would be $250 million. The Paris convention recommends $600 million, and the international agreements refer to $650 million, an amount that the Commissioner of the Environment and Sustainable Development endorsed in her 2005 report. This is a far cry from the proposed figure of $75 million. Rest assured that we are going to find out why. Can the Minister of Natural Resources justify why such a low amount was proposed for liability?

In conclusion, a thorough debate is needed. The government cannot deal with the issue of nuclear energy simply by saying that everyone is in favour of it. This is not true. Some people are not in favour of it. I do not understand how a government that claims to be in touch with the people can be unaware that people are reluctant to embrace nuclear energy.

We know that radioactive waste is difficult and expensive to manage. Other sources of energy exist, as I have already mentioned. I want to stress that money should be invested in these energy sources. Every year, Canada invests about $500 million in nuclear research. This year, the government is investing an estimated $807 million in safety, research and promotion. If the government had invested such an amount for years, it could have invested in research into really clean, safe energy and it could be developing these alternate energy sources, so that nuclear energy would not be needed.

We cannot ignore this reality and overlook an important option, that of replacing nuclear energy with other kinds of energy.

It is equally important that the public not be misled into thinking that legislation alone, such as Bill C-5, will protect them. That is not true. This bill is about compensation. It is merely an insurance policy in case of an accident. We all know what an accident means. This does nothing about people's health.

Knowing that, how can the minister continue to promote nuclear energy? By introducing this bill, he has made it clear that he has only one objective, which is to really develop the nuclear sector. He is using the reduction of greenhouse gases as a springboard. However, once he wants to invest in the oil sands to produce petroleum, we see what he is up to. This simply does not make sense.

The minister and the Conservative Party must show some restraint regarding this energy source, which we think is dangerous because of the emanations and waste produced when the plants are operational. Furthermore, it is far from being unanimously accepted.

The same amount of money needs to be invested in renewable energy sources, given that the risk of accidents is minimal and the entire population is much more interested in such energy sources.

To sum up, we are in favour of this bill, because it focuses on safety. However, we will examine it very closely, because we think it falls short of what is required, and is outdated by about 30 or 40 years. We truly hope that, if the government decides to turn to nuclear energy without consulting the public, that it will at least do so as safely as possible.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 12:30 p.m.
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Cypress Hills—Grasslands Saskatchewan

Conservative

David Anderson ConservativeParliamentary Secretary to the Minister of Natural Resources and for the Canadian Wheat Board

Mr. Speaker, this morning we have talked a little about balance. As the Liberal critic mentioned earlier, there is a balance of three things, the three E's, the environment, energy and the economy. We have worked hard to protect the environment over the last year and a half. We are trying to find a balance that will work for Canadians with respect to energy, and of course we want to maintain a strong economy at the same time.

I want to ask a specific question of the member. He said that nuclear power must be replaced with other types of energy. I think that is what I heard in the translation. For a number of years now, Quebec has relied upon nuclear power, as well as other sources. Is it the position of the Bloc that the nuclear power generation in Quebec should be shut down and that Quebeckers should have no option of nuclear power as one of those energy sources that is available to Canadians?

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 12:35 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I thank my colleague for his question. In fact, in Quebec, we have only one nuclear power plant and it is operating at low capacity. Contrary to what my colleague has just said, I must point out that electricity production in Quebec is not based on nuclear power, given that we have only one power plant. In addition, we are currently considering the question to determine whether we should renovate that plant or instead close it completely. Nuclear energy is therefore not expanding in Quebec.

As well, the general public is much more in favour of closing that nuclear power plant than of upgrading it, because it does not comply with the safety standards that people expect of an power generating site.

In terms of the economy, as my colleague heard me say, we can perfectly well develop our economy using other sources of energy, clean energy. I reiterate this because it is of real importance: research has been done, particularly in the United States and Europe, into medium-depth geothermal energy sources—great-depth geothermal energy sources may be tapped in the future. That research shows that we could produce the same quantity of energy from those sources as is produced in nuclear power plants.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 12:35 p.m.
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Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Speaker, I listened carefully to the comments by the member who just spoke. He gives us the impression that the city of Pickering is not a safe place.

I would first like to ask the member a simple question: whether he has ever in his life been in a nuclear power plant. If he has not done it, he should do it. I invite him to visit my riding. At some point, it might be a good idea for the entire committee to come to Pickering or somewhere where there are other nuclear plants. He would understand the situation clearly.

When we constructed that building in the 1960s, nearly 50 years ago now, there have been no major incidents involving people living there for a long time. The member should know that in my riding there are two million people living in the vicinity of the nuclear plant, within 25 km of that plant.

I have to say that I am not a nuclear power promoter—I have never worked in that field—but I know very well that the workers, the employees who work there, provide good management of the plant. Everyone who works there always lives in the region, they are proud of their work. We are not flooding great expanses of land or displacing people to build a hydroelectric generating station.

I invite the member, before he says any more about things that affect my riding, to come at our expense, at some point, and visit the power plant to learn the measures that are taken there. I believe that he will have a completely different opinion about our nuclear power plant.