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 / 1:10 p.m.
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Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

Mr. Speaker, I want to respond to the question that the member for Skeena—Bulkley Valley had about why this bill has been introduced. It is actually quite simple.

The reason the bill has been introduced and tabled in the House and why we believe it should pass is that sometimes litigation, in our increasingly litigious society, outweighs the public good. If we look at the experience in the United States with litigation on many issues in the past number of decades, often what happens is that private interests trump the public interest.

We have seen, time and time again, south of the border and sometimes here in Canada where civil suits brought against public or private companies or against governments end up hurting the public interest. That is why there have been caps on litigation and why there have been caps placed on liability. That is the purpose of the bill.

I also would say that nuclear power is an important part of the energy mix and Ontario accounts for 50% of our power output. Many of these reactors will need to be replaced in the coming years and this legislation would assist in that regard.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:15 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, my colleague is now straight into the realm of law reform and potentially limiting liability and lawsuit claimants in other jurisdictions. There has been much research on this and I claim no expertise, but oftentimes people point to south of the border and what happens there, where someone sues for $6 million and the net benefit to society diminishes through this structure of law and the ability to seek compensation. If that is the proposal of the government, I have yet to see it. It has not been suggested as a priority if that is where it is headed.

On this issue though, all we have asked is if the Conservatives are going to limit liability that they be up front with Canadians because we will be on the hook collectively for any accidents that go beyond the limit.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:15 p.m.
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Conservative

Bradley Trost Conservative Saskatoon—Humboldt, SK

Mr. Speaker, thank you for the opportunity today to comment on Bill C-5 and the modifications of Canada's nuclear liability framework.

Canada was, and if I may say so, is a pioneer in the development of atomic energy. We were at the creation, so to speak, in the 1940s at Chalk River and Montreal. During that period nuclear energy was developed through the cooperation of scientists in a few countries. We continue in that mode today but in a much wider circle.

I would like to centre my remarks on the international aspects in comparison of Bill C-5. I want to put the changes proposed by this piece of legislation into a broader global context. They relate to modifications in international conventions that were first influenced by events abroad. I would like to comment on these conventions and their relationship to Canadian interests, both domestic and international.

Let me begin with the proposal that Canada's nuclear compensation and liability legislation should be consistent with international nuclear liability regimes. This requirement goes beyond mere financial issues related to liability and compensation. It extends to definitions of what constitutes a nuclear industry, what is compensable damage and so forth.

Consistency brings Canada broader national benefits. It makes possible for us to subscribe to international conventions we do not already belong to and makes it easier should we wish to subscribe to them in the future.

There are two such conventions which are important and relate to this legislation, both of which date back to the early 1960s. The first is the Paris Convention on Third Party Liability in the Field of Nuclear Energy. Adopted under the auspices of the OECD, the Organisation for Economic Co-operation and Development, it is very much a European accord. It was reinforced by the Brussels Supplementary Convention. The second accord is the Vienna Convention on Civil Liability for Nuclear Damage. This is a product of the International Atomic Energy Agency, a United Nations body. It is modelled after the Paris Convention but is open to all members of the UN and is not merely concentrated on Europe.

Canada is not a party to either of these conventions. However, the Nuclear Liability Act is a sensible step in the direction of these conventions. It is important for our liability framework to remain consistent with these conventions as they evolve with our international partners.

The two conventions establish compensation limits. In the case of the Paris-Brussels regime the maximum compensation is approximately $500 million Canadian--but may I say that with our rising dollar, who knows where that number will be--and is available through a three tier combination of operator, public and member state funds.

At the time it was adopted, the Vienna Convention set the minimum liability limit at $5 million U.S., based upon the gold standard, the common international exchange mechanism at that time. Today the value is approximately $75 million Canadian. However, in 1997 the signatories revised the convention to establish significantly higher limits for operators. It is now approximately $500 million. The operators' liability can be set at $250 million by national legislation provided public funds make up the difference to $500 million.

At the time of these revisions, a new nuclear liability regime called the Convention on Supplementary Compensation for Nuclear Damage was adopted under the auspices of the International Atomic Energy Agency of the UN. This convention guarantees the availability of approximately $1 billion to compensate for nuclear damage. Half of this amount will be available under the national law of signatory nations and half through contributions made collectively by states that are party to the convention on the basis of their nuclear capacity and a United Nations assessment rate.

This convention is open to all countries regardless of whether they are parties to any existing nuclear liability accord. As a matter of interest, the United States ratified the Convention on Supplementary Compensation for Nuclear Damage in 2006.

Although Canada is not a party to either of these conventions, we participated in their review. We did so in order to monitor international third party liability trends and other issues of interest, such as definitions of nuclear incidents and the extension of time limits for death and injury claims.

For Canada the net result of these changes is a widening gap between Canada's regime and international standards. This makes it increasingly important to update and modernize our own liability arrangements. As a result, the changes in these conventions have influenced Canada's revision of the 1976 Nuclear Liability Act and many of the changes proposed in the new act bear their imprint.

International consistency in these areas benefits Canada at many levels and in many ways. It encourages investment in Canada. It also levels the playing field for Canadian nuclear companies interested in contracts abroad. These companies may be inhibited from bidding because of uncertainty about liability and compensation issues.

Consistency is important for a more fundamental reason. It demonstrates Canadian solidarity with other nations on issues of safety and liability. As a major user and exporter of nuclear power technology, Canada must uphold its reputation for uncompromising excellence, responsibility and accountability.

Bill C-5 is the culmination of a comprehensive review of the Nuclear Liability Act of 1976, which included an examination of its relationship to international standards. This examination led to the proposal of several improvements.

The current $75 million limit has been increased because it would likely not be sufficient in the event of a major nuclear incident. The $650 million that the new legislation proposes reflects the requirements as we understand them today.

Bill C-5 would also extend from 10 years to 30 years the period for a victim to claim compensation, a proposal which increases flexibility for ordinary citizens who may not immediately understand what may have affected them.

The proposed changes also include a redefinition of compensable damages to include environmental damage, preventive measures and also economic loss.

Bill C-5 is important to Canadians, the strength of our nuclear industry and our international stature. It deserves the support of the House.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:20 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, the member for Skeena—Bulkley Valley pointed out earlier that so far no member of the government had talked about what would happen if claims should exceed the cap that is outlined in the bill. I wonder if the member could comment specifically on that since, as I pointed out in an earlier question, we currently have any number of situations in this country where people who are residing in areas who have had other kinds of contamination are still waiting for some sort of movement from the government. The former DEW Line sites would be a classic example.

I wonder if the member could comment specifically on that question.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:20 p.m.
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Conservative

Bradley Trost Conservative Saskatoon—Humboldt, SK

Mr. Speaker, I will put my hon. colleague's comments and question into context on a few things.

First, as the bill provides, should the damages on a potential low risk incident rise above $650 million, Parliament would be brought together to discuss it. I want to put that $650 million into context.

Studies have been done on whether or not there would be liability in the event of a major incident and what that liability would be. The incident at Three Mile Island in the United States was looked at. Translated into Canadian dollars, real dollar value now, the liability from that incident, which was viewed as a major incident, was about $100 million.

I would like to add to the basic background to give some sort of an idea of what sort of damages we may be potentially looking at.

In 2003 the Canadian Nuclear Safety Commission contracted an independent firm to study what the economic loss, the personal loss, et cetera would be from a major incident. It went through the criteria, looked at a possible major incident in a plant, and I believe that Darlington was the plant that was used as the model, and it came to the conclusion that as a worst case scenario, it was looking at $100 million with what we have in Canada.

While I am very open to hon. members thinking that $650 million would not compensate, independent studies in 2003 indicated it would be well below that level. There are other aspects available for other funds, and also, there is a provision in the bill where every five years the minister would be required to review it. I believe the $650 million figure could rise, which is something that has not been noted in the bill yet, and if in the future it was felt this amount was insufficient protection for taxpayers, the limit could be raised.

Looking at the numbers, $100 million is what the amount has been in the past and what has been estimated would happen. I think that $650 million, with the potential for that amount to be raised, is sufficient before the issue would be brought to Parliament to be looked at further.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:25 p.m.
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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am delighted to speak to Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident.

This is an important debate in this Chamber today, because the issue of nuclear energy will occupy a greater place in our discussions in the years to come. There are three important issues that I would like to point out before heading directly into the debate on Bill C-5. First, this government decided in recent weeks to join the nuclear club and to use all international forums to promote an energy source which, according to the federal government, is considered clean.

I was in Kyoto in 1997, when the international community decided to exclude nuclear energy as an energy source that could benefit from emission credits under the Kyoto protocol. I remember the debates we had in Japan about this energy source. Of course it can reduce our greenhouse gas emissions but it creates other important external factors including, among others, radioactive waste. No one can promote this form of energy and this alternative without having a plan for better ways of managing the resulting waste.

A major conference called Climate 2050 was held in Montreal last week. A leading researcher, Thomas Cochran, appeared before the international community and said that, in the view of American environmentalists, the nuclear industry must play a more active role in dealing with the problems related to the underground storage of nuclear waste.

These problems are extremely important in Canada, where some provinces have decided in favour of nuclear energy. I could mention Ontario, which, among other things, has just decided to modernize its nuclear facilities. I could also mention New Brunswick, which recently decided to favour this approach.

The controversy surrounding nuclear power will therefore only intensify in the years to come. We will have to remain very cognizant of the technologies that are developed and the approaches that the government recommends in the years to come.

We will have to be vigilant because we know as well that Quebec has only one nuclear power plant on its soil. This facility is responsible for barely 10% of the nuclear waste produced in Canada. Nevertheless, among the storage sites and possible sites that the federal government has recommended so far, we find the Lower North Shore. We certainly would not want Quebec to become the nuclear garbage bin of Canada when we account for barely 5% of Canada’s nuclear waste.

I therefore call upon the government to be very careful with the decisions it makes in the next few years. The liability regime in case of nuclear accidents is very important. This is the issue addressed in Bill C-5. Its stated purpose is to establish 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.

Back in 1976, Canada passed the Nuclear Liability Act, which made the operators of nuclear installations liable for damages in the event of nuclear incidents and set the amount of coverage required at $75 million. Part II of the act enabled the Governor in Council to establish a nuclear damage claims commission to deal with claims for compensation in the event that the federal government concluded that the cost of the damages resulting from a nuclear accident could exceed $75 million.

Since the operator’s liability was limited to the amount of its insurance, the federal government would therefore probably have to absorb the difference.

We can hardly oppose a proposal to increase the amount of coverage to $650 million. I will come back later to the question of whether this increase to $650 million is enough. There will certainly be a debate in the Standing Committee on Natural Resources, on which my friend from Brome—Missisquoi sits, because there is good reason to think that this is not sufficient at the present time.

In Chapter 8 of the 2005 annual report of the Commissioner of the Environment and Sustainable Development, she dealt with this issue of the insurance required of operators of nuclear installations. What did she conclude? She said that the accident insurance requirements for nuclear facilities did not meet the international standards. This meant, among others, the Paris convention and the Vienna convention. The coverage would therefore inevitably have to be increased.

The Standing Senate Committee on Energy, the Environment and Natural Resources studied this issue, as we recall, in June 2002. It concluded that the $75 million of coverage required under the act was terribly inadequate. I repeat that, in the committee’s view, this coverage was inadequate in light of the prevailing international standards. The committee set the stage, therefore, for the conclusion that the Commissioner of the Environment and Sustainable Development would reach in 2005.

The committee added that when the senior officials from Natural Resources Canada appeared they even said that, taking inflation into account, $250 million in today’s dollars would be equivalent to what the act provided for when it was passed, and that to come up to the international standard, that would have to be increased to about $650 million.

As a result, despite the changes and the increase in the number of facilities that can be anticipated as a result of the decision by some provinces to encourage the construction and modernization of some of their nuclear installations, the bill simply brings the coverage up to standard in terms of the international conventions. Given the decisions that will be made in Ontario and New Brunswick, we might even doubt that $650 million will be considered to be an adequate coverage level, since taking inflation alone into account would call for coverage of $650 million to comply with the international conventions.

We should also note that in the United States, as my colleague in the NDP was saying earlier, the Price-Anderson Act limits the liability of commercial nuclear plant operators to $9.4 billion U.S. nation-wide. For each reactor, the operators have to take out private insurance for $200 million U.S. plus a second-level policy for $88 million U.S. South of the border, the operators’ coverage and liability requirements are already higher than what we have here in Canada.

An American study done in 1982 showed that the worst-case scenario for an accident in a nuclear plant would result in costs on the order of $24.8 billion U.S. and $590 billion U.S. Coverage is therefore needed. In a few weeks, members will be able to consider in committee if our coverage is sufficient.

What is even more deplorable is the slack approach taken by the government since 1976, especially since the worst nuclear catastrophe the world has seen, Chernobyl, happened in 1988. How is it that the federal government has waited all this time before acting and proposing an increase in the coverage level?

Today, I would make it clear that we support Bill C-5 in principle. However, as parliamentarians, we will have to focus on the entire issue, both the question of nuclear power and the question of nuclear waste. We will also have to consider those questions with a view to the danger of nuclear weapons proliferation in the world in future.

In my opinion, this issue must be examined in its entirety. Naturally, we support Bill C-5, as my colleague has said. Of course, an in-depth discussion must be held about both the question of radioactive waste and the advisability of encouraging this type of power. Most importantly, we will have to examine the level of coverage and liability for nuclear energy promoters in Canada.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:35 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I would like to congratulate my colleague for his speech, which was very clear.

I would like to ask him a question about the life cycle of a nuclear plant. A life cycle includes all costs: research and development, construction, operation, insurance, police surveillance around the plant, security, decommissioning, demolition, decontamination and the monitoring of waste for one or several thousand years.

I would like my colleague to tell me one thing. If all these resources were invested and the government was not involved, would the private sector still be interested in operating nuclear plants, for which the costs are very high? I would like him to tell me if he thinks that the costs are enormous.

If the project was truly evaluated, given its life cycle and including the externalities which are not usually covered by the private sector, would a nuclear plant be feasible and profitable?

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:40 p.m.
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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, one environmental concern that must always be examined when considering such a question is the life cycle of a product. That is crucial. Issues linked to the transportation of waste must also be examined. Basically, someone has to ensure the necessary investments are made, from the research and development stage to the waste treatment stage.

We can see very clearly where the nuclear industry is headed in Canada. For example, certain areas of Quebec and Canada will be asked to bury nuclear waste in their land, with the promise of astronomical payments. In reality, that waste must be treated.

I am very concerned about the scenario being presented by the federal government, where three sites are the focus. I am thinking specifically about the Labrador site, but also about the North Shore site. An attempt is being made to convince certain mayors that taking on this kind of waste will enrich their region.

One thing must be considered, and that is the Seaborn commission report. My colleague from Sherbrooke, who is present here today, was our natural resources critic at the time. What is needed is a solution that is technologically acceptable. Yet the Seaborn report indicated that social acceptability is just as important in any proposed solution.

As my hon. colleague from Brome—Missisquoi said, this assessment must take into consideration the entire life cycle of the product, and not be conducted only by sector or by niche. The problem is comprehensive and the solution must be equally comprehensive.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:40 p.m.
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Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, I would like to begin by congratulating my colleague on his speech about the nuclear industry and nuclear waste management. These days, as we all know, when it comes to disposing of any kind of waste, people almost always say, “Not in my backyard”. That is currently the biggest problem we have with household waste.

In terms of nuclear waste, apparently they have figured out a way to treat it or bury it, but deciding where to bury it is a big problem. Earlier, they said it might be in Labrador or on the North Shore, and they promised astronomical compensation and fees.

When I was a member of the natural resources committee, I was worried that once they found a so-called acceptable method, Canada would open its doors to nuclear waste from other countries because nobody on this planet wants to worry about managing it. It also looks like locations have been selected. Nearly all of the locations where the government wants to bury nuclear waste are in Quebec, even though Quebec is home to just one of Canada's 22 nuclear plants and accounts for a very small proportion of the country's nuclear production.

I would like my colleague to comment on the possibility that countries that are currently producing nuclear power will be looking for places to bury nuclear waste that are not on their own soil.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:40 p.m.
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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, that is a very good question. Quebec has only one nuclear power plant, and the preferred waste disposal site is on the lower North Shore. For the information of the Conservative member from Quebec, there is only one nuclear plant in Quebec: Gentilly.

The federal government needs to keep in mind that Quebec is responsible for about 5% of the nuclear waste produced here in Canada. Yet the government has included three sites, including the site on the lower North Shore. My colleague is right. We also have to look at how we will move this waste. Will we use the St. Lawrence Seaway, which our friends opposite claim could be a terrorist target? There is a very real risk associated with the government's decision to choose the lower North Shore site for the treatment and disposal of nuclear waste in Canada. There is the question of responsibility.

Let me give the House some background. In the 1960s, we had the choice between nuclear and hydroelectric power. We chose hydroelectricity. In Quebec, 95% of our electricity is hydroelectricity and comes from renewable sources. And today, we are being told by the members opposite that Quebec would be responsible for 95% of Canada's nuclear waste? I do not believe that Quebeckers will be very happy to make that choice. That is why I do not believe this waste should be treated in Quebec.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 1:45 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak to Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident.

From the outset, we will have to make changes in committee. The Bloc Québécois will have to make improvements to the bill, as it always does to protect the interests of Quebeckers as well as Canadians. I must say that just because we are tackling Bill C-5 to increase compensation for damage, does not mean we support the Conservative government's whole plan for developing nuclear energy.

I find it very inconsistent of the government to introduce a bill in this House to increase compensation for damage while the Prime Minister is currently prohibiting his ministers from discussing the entire nuclear energy plan. It is being discussed in secret, behind closed doors, with the United States among others, in the framework of the global nuclear energy partnership.

Those who follow the news in print media understand quite well that the Prime Minister's Office issued an order banning his ministers—and his members of Parliament—from talking. It is clear that the Conservative Party intends to move forward with developing nuclear energy. It is not for nothing that it is introducing Bill C-5 to increase compensation for damage. Since 1990, the government has been very lax and has not increased the amount of compensation for damage in case of a nuclear incident.

Today, the government is introducing a bill as a precursor. It is increasing compensation for damage. It seems that the Conservative government intends to push the development of nuclear energy and invest time and money on the side, in secret, while preventing its members of Parliament and its ministers from talking about it.

This is very difficult for us, as Quebeckers, in the Bloc Québécois. Earlier my colleague from Rosemont—La Petite-Patrie explained quite well that there is only a single nuclear power plant in Quebec. Roughly 95% of our energy comes from hydroelectricity, without a cent from the federal government. I want to remind my colleagues from all the parties that Quebec developed hydroelectricity without any federal money by using the hydroelectricity fees and the taxes paid by Quebeckers.

So, you will understand our hesitation when we see the federal government using public funds to invest in nuclear energy or any other kind of energy while we in Quebec have developed hydroelectricity using our own tax revenues. Yet we pay one quarter of the bill when the government decides to invest in nuclear or other, fossil fuel energy. It is difficult to accept, especially because the wrong message is being sent. The Conservatives have become the master impressionists. They are trying to give the impression that they will solve our energy problems.

Witness the news release issued in June by the Minister of Natural Resources. The title was “Canada's Nuclear Future: Clean, Safe, Responsible”. The minister wanted to spread the message that it is clean energy. However, in responding to a journalist’s question about what would be done with radioactive waste, if nuclear energy were developed, he said that he did not know. They do not know where they will bury radioactive waste. They have not yet decided.

As my colleague from Rosemont—La Petite-Patrie said, there is one part of Quebec where they hope to offer significant royalties to Quebec for burying radioactive waste produced in other parts of Canada. Surely, you will understand our hesitation. They are trying to make us believe that nuclear energy is clean, even though there is a large and serious problem concerning nuclear waste. This Conservative government, just like the Liberal government before it, has not been able to solve this problem.

Nuclear energy creates considerable waste. Where and how is that waste going to be buried? What will be the result of all that, especially, in terms of transport? Absolutely nothing has been settled but the federal government decided to go ahead and participate, under the table, as I have explained, in discussion with other partners, including the United States, as part of a global nuclear energy partnership. They want to develop a nuclear network. They do not know where the radioactive waste will be disposed. Obviously, they hope that Quebec will accept it. You should understand that we produce only about five percent of all the nuclear waste produced in Canada.

Some people want Quebec to accept all the nuclear waste. You must know that the people of Quebec will not be fooled. This bill, which is in three parts, covers the operator’s responsibilities, the conditions and financial limitations of responsibility and the establishment of a nuclear claims tribunal.

The fact that the amount of damages jumps from $75 million to $650 million reveals the laxity of the federal government over the past 31 years because there have been no amendments in all that time. This is the first time that a major amendment has been introduced.

Clearly, one must ask a serious question. Is the amount of $650 million sufficient, considering that, in our opinion, the federal government should not be investing any money in nuclear development?

We should leave the responsibility of paying the full amount of the bill to those who want to develop this kind of energy. You must understand that in Quebec, it was Quebeckers themselves who paid for hydroelectric development. Therefore, it would be perfectly normal that those who want to develop the nuclear option should pay the whole cost.

Quebeckers do not need to be obliged to pay one-quarter of this bill because they already provide between 23% and 25% of all the money that Canada spends. We would like to say something about the fines. If there is a violation some day, will $650 million be enough? We will study this in committee. Witnesses will be called and we will place our trust in the committee responsible for improving this bill.

At first glance—and from reading articles by people who are knowledgeable and expert in the field—we are inclined to say that the fines will have to be substantial because the damages from nuclear catastrophes can be incredibly large. In view of what happened at Chernobyl, the last great nuclear catastrophe, I do not think that $650 million will suffice. The bill should be very clear on the levying of fines and the way in which the nuclear industry should be allowed to develop so that funds can be created that are sufficient to deal with nuclear incidents or catastrophes.

If Canada wants to go in this direction and the Conservatives intend to continue what they have started over the last few weeks and months, that is to say, international negotiations or discussions on the development of the nuclear industry, it will be very important for them to be able to impose rules on the people involved in this form of energy. In our view, it should not be up to the federal government to provide any money at all for the development of nuclear power.

The provinces and people who want to have this kind of power should do it, but they should also create a compensation fund so that it is not the taxpayers, including those from Quebec, who are summoned once again to cover some of the bill.

I will never be able to say it enough, but it is very important for my colleagues to understand that the federal government did not contribute any money at all toward the development of the entire hydroelectric system in Quebec. It was Quebeckers who did it. The federal government never contributed. This was not the case, however, of the development of fossil fuels, including oil, and more than $40 billion has been invested since 1990 in the development of other kinds of energy, including nuclear.

We would therefore like it to end. We have to stop making Quebec pay for developing other people’s energy, while we ourselves are paying, with no federal assistance, to develop our own energy. It bears repeating: hydroelectricity is clean energy and we are proud of it. This is a choice that Quebeckers made in the 1960s. We could have chosen nuclear power, but we decided to invest in hydroelectricity, and it has paid off for us. It is what has made Quebec the first province to be able to meet the Kyoto objectives.

If Quebec were a country, we would have ratified the Kyoto protocol. We would be taking part in discussions about the carbon exchange and we could be benefiting our businesses, which have clearly made efforts, in both the manufacturing sector and the aluminum industry, and which have succeeded in reducing their emissions based on the objectives set in the 1992 Kyoto protocol.

Quebec companies have thus done far better than the Kyoto objectives set in 1992. As of today, we would be able to sell credits on the carbon exchange. That is not the case, because obviously we are part of Canada, which will never ratify the Kyoto protocol, regardless of what the federal government’s environment ministers may say, particularly the Conservatives, who are trying to negotiate agreements with other countries that would run flatly counter to the Kyoto protocol and try to create their own system for doing things.

All the while, the icebergs are melting in the North and we are talking about a navigable passage in the North. This is a direct consequence of the greenhouse gases that are destroying the most beautiful ice fields on the planet, on which a large part of our ecosystem depends. This is a choice made by the Conservatives. We see it again today, with bills to oversee nuclear development, with a Prime Minister who stops his ministers from even talking to journalists about the nuclear option. We see where this government wants to go: against the Kyoto protocol, pro-nuclear, pro-war, everything to destroy our wonderful planet. This is the choice made by the Conservatives.

It is clear that the purpose of my speech is to state that although the Bloc Québécois does support this bill to increase liabilities and fines for those who could cause damage through a nuclear catastrophe, it is not because we support the development of nuclear energy. Quite the contrary, we will completely defend only the development of clean energy that does not produce radioactive waste.

Once again this government is making a mistake by trying to sell nuclear energy as a clean energy source. No, it does not emit greenhouse gases, but it does produce radioactive waste that takes tens of millions of years to break down. The exact figure has not yet been calculated. We should be able to decontaminate this waste. We must stop trying to bury it. Given that the technology has not yet been developed, Canadian regions, including Quebec's North Shore among others, are offered large sums. There is a wish to bury the waste from other Canadian provinces in Quebec, despite the fact that Quebeckers decided to develop a clean energy, hydroelectricity, using their own money.

It is clear now that the Bloc Québécois will support bill C-5, but it will make improvements to it in committee. As for the $650 million in damages, we find that a very low figure given that a nuclear catastrophe would cost a great deal more. Witnesses will be called in order to adjust this amount. This does not mean that, while we support Bill C-5, we support the way in which this Conservative government has decided to develop nuclear energy, behind closed doors, in secret negotiations with other countries.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 2 p.m.
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Liberal

The Speaker Liberal Peter Milliken

I am sorry to interrupt the honourable member for Argenteuil—Papineau—Mirabel. He will have seven minutes for his comments after oral question period.

The House resumed consideration of the motion that Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident, be read the second time and referred to a committee.

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 3:10 p.m.
See context

Liberal

The Speaker Liberal Peter Milliken

Resuming debate. Is the House ready for the question?

Nuclear Liability and Compensation ActGovernment Orders

October 30th, 2007 / 3:10 p.m.
See context

Some hon. members

Question.