Nuclear Liability and Compensation Act

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

This bill is from 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 has also written a full legislative summary of the bill.

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.

Similar bills

C-22 (41st Parliament, 2nd session) Law Energy Safety and Security Act
C-15 (40th Parliament, 3rd session) Nuclear Liability and Compensation Act
C-20 (40th Parliament, 2nd session) Nuclear Liability and Compensation Act
C-63 (39th Parliament, 1st session) Nuclear Liability and Compensation Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-5s:

C-5 (2021) Law An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
C-5 (2020) Law An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)
C-5 (2020) An Act to amend the Judges Act and the Criminal Code
C-5 (2016) An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1

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.

The House proceeded to the consideration of Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident, as reported (without amendment) from the committee.

Speaker's RulingNuclear Liability and Compensation ActGovernment Orders

May 5th, 2008 / 1:30 p.m.

The Deputy Speaker Bill Blaikie

Before proceeding to report stage debate on Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident, the Chair would like to make the following ruling as is often the case when we get to report stage.

There are 21 motions in amendment standing on the notice paper for the report stage of Bill C-5.

Motions Nos. 10, 13 to 15, 19 and 20 will not be selected by the Chair as they could have been presented in committee.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the notes to Standing Order 76(1)(5) regarding the selection of motions in amendment at the report stage.

Motions Nos. 1 to 9, 11, 12, 16 to 18 and 21 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 to 9, 11, 12, 16 to 18 and 21 to the House.

I might also add that, given that there was a point of order made earlier by the hon. parliamentary secretary, the Chair will be coming back with a more detailed ruling as soon as is possible. However, what we will do at the moment is begin the debate and then, as soon as possible, we will come back with a ruling responding to the point of order made earlier this day.

Motions in AmendmentNuclear Liability and Compensation ActGovernment Orders

May 5th, 2008 / 1:35 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

moved:

Motion No. 1

That Bill C-5 be amended by deleting Clause 21.

Motion No. 2

That Bill C-5 be amended by deleting Clause 22.

Motion No. 3

That Bill C-5, in Clause 23, be amended by replacing lines 23 and 24 on page 7 with the following:

“contains nuclear material, financial security to”

Motion No. 4

That Bill C-5, in Clause 24, be amended by deleting lines 39 to 42 on page 7 and lines 1 to 18 on page 8.

Motion No. 5

That Bill C-5 be amended by deleting Clause 26.

Motion No. 6

That Bill C-5 be amended by deleting Clause 30.

Motion No. 7

That Bill C-5 be amended by deleting Clause 32.

Motion No. 8

That Bill C-5, in Clause 34, be amended by deleting lines 15 to 23 on page 11.

Motion No. 9

That Bill C-5 be amended by deleting Clause 47.

Motion No. 11

That Bill C-5, in Clause 61, be amended by replacing lines 23 to 31 on page 16 with the following:

“Majesty in right of Canada the total of all amounts paid by the Minister under this Act.”

Motion No. 12

That Bill C-5, in Clause 62, be amended by deleting lines 19 to 26 on page 17.

Motion No. 16

That Bill C-5, in Clause 66, be amended by deleting lines 3 and 4 on page 19.

Motion No. 17

That Bill C-5, in Clause 66, be amended by deleting lines 7 to 9 on page 19.

Motion No. 18

That Bill C-5, in Clause 66, be amended by deleting lines 10 to 12 on page 19.

Motion No. 21

That Bill C-5, in Clause 68, be amended by deleting lines 1 to 3 on page 20.

Mr. Speaker, after many months, the government is again bringing forward Bill C-5, the nuclear liability and compensation act. In the intervening times, different types of issues on the nuclear liability front have arisen and a full interest in this issue has been heightened over the period of time involved.

No one in any party wants to stand in the way of good legislation or to stand in the way of the things that need to be done for Canadians. While we supported the bill at second reading to get it to committee and to look at the types of issues that needed to be dealt with within the nuclear liability context, the results were less than what we felt were essential for Canadians.

As a member of Parliament from the Northwest Territories, the people I represent have had much experience with nuclear contamination over the years. Even though our numbers are very small, we have had that experience and we understand the results of that.

We have a community in the Northwest Territories called Deline. It used to be called Fort Franklin. It also was called the village of widows because it was on the shores of Great Bear Lake where the first mining for uranium took place in Canada on a large scale. The Port Radium mine brought lots of yellowcake out there. It was handled by the people in the community to a great extent. Even today we have not seen the end of this incident. We are in Port Radium cleaning up the mine. The people of Deline have gone through countless years of anguish over the results of what happened in that nuclear industry.

When we talk about nuclear liability and the need to protect individuals from the results of nuclear accidents and contamination spills, we in the Northwest Territories have a track record that we go back to. We know what the track record has been with other Canadian governments. The fact that we are still at a $650 million liability limit for nuclear installations in this country, in this day and age, strikes me as being the clearest indicator that work has not been done in this field.

As well, when it comes to more recent examples of contamination that have occurred in the Northwest Territories, I refer back to Cosmos 954 where we had a very small nuclear reactor in a Russian satellite that burned up over the Northwest Territories. The contamination from that unit was spread over 14,000 square kilometres. In fact, it required intensive searches by trained professionals throughout all our communities to locate very small amounts of nuclear contamination and eliminate them. It was a very expensive process.

What it showed us was how difficult it is to deal with nuclear contamination, how long the issues last and how long this goes on for in our society once there is a nuclear accident.

We felt that more work needed to be done on this bill. We put forward a number of amendments at committee but they were rejected by the Conservatives, the Liberals and, to a great extent, by the Bloc, which brings us here today with the amendments that we have in front of this House right now.

One of the key amendments that we are looking for is to take out any limit on nuclear liability. Unlimited amounts would probably be the preferred method to deal with it, just as Germany does. It has an unlimited liability on nuclear facilities. That means that whatever the costs are, when there is an accident those who are responsible for the plant will need to pay those costs.

The $650 million limit set in this bill pales next to that of our major trading partner, the United States of America, which has an $8 billion to $10 billion liability ceiling on its nuclear facilities. Most of our nuclear facilities are located in highly populated areas in southern Canada, areas similar to where the nuclear facilities are located in the United States.

Why should we think that our situation is remarkably different from the situation in the United States? Why should that be part of the equation? Is it because if we set the limit to where it should be, the nuclear industry would have to reflect the true costs of doing business in this country? If we set the ceiling at $650 million, would we be giving the industry another break and Canadians would not have a clear indication of the issues surrounding the industry and the associated costs?

The Conservatives are taking a very cavalier attitude toward nuclear safety. We saw that before Christmas. I do not want to denigrate the effort Parliament made with respect to the issues surrounding Chalk River, but it showed how much trouble we have working on issues around nuclear safety in this country. We saw the method by which these very serious issues were derailed by the government by its failure to pay attention to them. We saw the blame game that was played with the Nuclear Safety Commission.

Those things all stand out as stark examples of why we have to be very careful with the kind of legislation we are dealing with here today. We need to protect Canadians. The first and foremost job of this institution is to protect and enhance the lives of Canadians. This bill does not accomplish that.

Many of these amendments speak to the difficult time Canadians would have in trying to achieve compensation if there was a nuclear accident. Many of the proposed amendments would make it better for Canadians to get the compensation they should be entitled to receive. The amendments would make sure that all the issues surrounding a nuclear contamination incident would be addressed. They would assure Canadians about the compensation they would receive and that they would not be tied up in court forever trying to get that compensation.

Those are some of the issues that have brought us to this point. The NDP is not trying to obstruct Parliament. We are trying to get these issues out front for Canadians to make sure they understand what is at stake here with this nuclear liability bill. We are not going to simply push it forward so that some other restructuring in the nuclear industry can take place. We are not going to simply push it forward so the nuclear industry can be assured that it will not be judged by U.S. standards when there is a contamination accident and might be judged by these much softer Canadian standards.

These are all issues behind the legislation. These are all reasons that the legislation appeared when it did. We agreed that there was a need to move ahead with better nuclear liability provisions. We had hoped for a fulsome and useful debate in committee where we could put forward the correct type of amendments, but that did not happen, and that has brought us to this stage here in the House of Commons.

I urge all members to take a look at what we are doing here. I urge them to consider the amendments and to consider the spirit in which they have been presented.

Motions in AmendmentNuclear Liability and Compensation ActGovernment Orders

May 5th, 2008 / 1:45 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I thank my colleague from Western Arctic for his intervention and for initiating these amendments. I would like to ask my colleague a question concerning this bill and why it has been so long since we have seen Bill C-5. Canadians are aware of the incident that occurred at Chalk River during that time. It is interesting to observe that this bill was put aside for quite a while. We had quite a spirited debate in this House and certainly in society in general around nuclear safety.

Why is it that Bill C-5 is only being brought forward now? Why was it not brought forward earlier? It has been almost six months.

In light of the concerns that Canadians have expressed around nuclear safety and accountability, and which we have certainly debated in this House and outside this place, and we see governments such as the Ontario government moving full throttle on nuclear, why is it that the government is not paying more attention to the issue of nuclear safety and in this instance to the liability that stems from nuclear power?

Motions in AmendmentNuclear Liability and Compensation ActGovernment Orders

May 5th, 2008 / 1:45 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I do not want to impute motives as to why this bill has taken six months to come back to Parliament for discussion. Certainly we had a most active and interesting debate around nuclear safety during December and into January concerning the Chalk River incident. That heightened the issues in the minds of Canadians. The issues are still there. We see the same kind of concern today as we saw during December and January. I do not think any delay of legislation is going to change that.

On the other point that my colleague mentioned in terms of the nuclear industry and where it is going, we see many actions taking place here. We hear talk about the restructuring of the nuclear industry as part of what is going on. Once again I am not able to impute motives. My job here is to speak to the liability issues within the bill.

I wholeheartedly ask members to consider whom we are protecting with this bill. How the bill should work to protect whom is key to a lot of what is going on here.

Motions in AmendmentNuclear Liability and Compensation ActGovernment Orders

May 5th, 2008 / 1:50 p.m.

Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, it gives me great pleasure to speak to Bill C-5. I spoke in the debate at second reading and now I have the opportunity to speak at report stage.

Fundamentally, the bill is an administrative one. It does a lot of housecleaning on the Nuclear Liability Act. The last time that was done was over two decades ago. There has been a need for reforms, upgrades and updates. For several years the Department of Natural Resources did extensive work in preparing the bill and Bill C-5 was the outcome. We had the opportunity in committee to conduct a comprehensive study on the bill.

First, I will outline what the bill does. Initially it raises from $75 million to $650 million the limit of liability that any nuclear operator has to carry in case of an unlikely accident. Initially it was $75 million, a very small figure. Obviously there was a need to raise that amount and this bill raises it to $650 million. It also tightens up the definitions of liability and all associated legal terms that come with that liability.

The bill establishes clear criteria for operators to hold financial instruments or security to ensure that liability. Any operator must carry some type of financial security to ensure that the operator is viable and is able to comply with that liability. As well, the bill offers some flexibility on what type of financial instrument the operator can carry.

The minister is required to review the limit every five years. The bill allows for the liability to be increased through regulations; it is no longer required through legislation. Also, the minister has to review it every five years and perhaps amend it.

The bill establishes a nuclear claims tribunal, which did not exist before. If there is a claim and there is a dispute, rather than settling it through the courts, an independent quasi-judicial tribunal will be able to adjudicate on those things.

The bill does a lot of excellent housecleaning work. It establishes criteria, tightens up definitions and expands on certain areas. It is the product of a lot of work and consultation.

The natural resources committee has done a great job in talking to all stakeholders and experts about the bill, its ramifications and its implications. We heard from nuclear operators, from insurers, host communities and municipalities that have nuclear power plants in their vicinities. We heard from experts, from NGOs. We heard from organizations that are anti-nuclear.

We had an opportunity to ask questions. As committee members we had an opportunity to engage with the experts and stakeholders. We had some amendments. Eventually we kept the bill as it stands.

There was an issue whether $650 million was the right limit. There are other countries that have greater limits and there are other countries that have equivalent or smaller limits. The question is a legitimate one, not that other questions are not legitimate, but that question is the one we struggled with the most. What should the right limit be? Given that the royal recommendation of the bill set that figure as part of the core substance of the bill, it was very difficult logistically and procedurally to even contemplate an addition.

We are hoping that over the next few years the minister will look at this bill, conduct further studies, and consult with more groups. But, realistically speaking, the new figure of $650 million seems reasonable and in parallel with a lot of the international standards, the Europe standards, and those of many countries around the world. It is a big jump from $75 million, which is the current figure, and the bill is hoping to make it $650 million.

The committee, to its credit, did a great job examining all the evidence. The bill actually passed in committee last December. Therefore, the question I have now is: Why did it take the minister six months to bring this bill back?

Many nuclear operators and groups have been waiting for this bill because they need stability in the industry but the minister has chosen to wait for six months. Once the bill is passed at report stage, we want to pressure the minister to bring it back as quickly as possible. Operators are waiting for this bill to become law. It is essential for their business and the future of this industry.

There are a lot of remaining questions about the Conservative government's ability to manage the nuclear industry and their vision of the role of nuclear in the future energy mix of our country. We saw how the Conservatives bungled the situation with the Canadian Nuclear Safety Commission. We saw how they took unprecedented action by firing a quasi-judicial, independent nuclear commissioner just for doing her job.

The Auditor General's report criticized the government's handling of AECL, Atomic Energy of Canada Limited. We heard from AECL about its need for finance support and some direction about the future. We know now Ontario is looking to buy a nuclear reactor and AECL is in the bid for that proposal. The problem is that Ontario needs to know what the Conservatives' plans are with AECL. They have yet to tell us about their plans. We know they hired a consultant in February. We have yet to hear what the mandate of that consultant is, when to expect a report or anything about their vision.

We also know that they promised to conduct a review of the fiasco that happened in Chalk River. We have yet to hear anything from that examination. Canadians are really uneasy about how the Conservative government has been handling and managing the nuclear file. We all know that nuclear has a bright future.

Motions in AmendmentNuclear Liability and Compensation ActGovernment Orders

May 5th, 2008 / 1:55 p.m.

The Deputy Speaker Bill Blaikie

I am sorry to interrupt the hon. member, but the time for statements by members has arrived. The member will have a minute and 42 seconds remaining in his speech.

Statements by members, the hon. member for Sarnia—Lambton.

The House resumed from May 5 consideration of Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:10 p.m.

The Acting Speaker Andrew Scheer

The hon. member for Mississauga—Erindale has just under two minutes left to conclude his remarks.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:10 p.m.

Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, this is the first time I have had to make a speech over a period of two days. I have about two minutes left so I just want to summarize what I said previously in my speech, which is that the Liberal Party does not support the amendments presented by the NDP. We think that the bill as it stands, after a comprehensive study, is needed for the industry, and we urge the government to bring it back for third reading as quickly as possible.

However, I also want to summarize by reminding the Conservative government of some unanswered questions that remain in the minds of Canadians. When it comes to the future of nuclear energy in our country, there are a lot of unanswered questions, questions that the Conservative government has failed to answer.

First, we still need to know what the government has learned from the recent fiasco at Chalk River.

Second, we know that AECL is in need of clarification of its mandate and its future. We know that the Ontario government is waiting to hear from the Conservative government about that future in determining its bid process for the future of power plants in Ontario.

We also know that the Minister of Natural Resources intervened with the Canadian Nuclear Safety Commission. We want to know what is the future of that commission. We want to know if the minister intends to strengthen the independence of that agency.

There are a lot of unanswered questions. Canadians have a lot of hesitancy about the competence of this government.

I notice that the Conservative government has not yet put up anybody to speak on the amendments to this bill, so I hope the Conservatives can answer these questions in their remarks. Until then, we look forward to them bringing that bill back for third reading so that we can vote on it as quickly as possible.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:15 p.m.

Cypress Hills—Grasslands Saskatchewan

Conservative

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

Mr. Speaker, I listened to the member's speech with interest yesterday and today. I want to thank him for his support of the bill and for the work we were able to do with him in committee. I think we have a pretty good bill here.

Yesterday he mentioned that the bill does raise the liability limit from $75 million to $650 million. I am going to ask him a couple of questions. Could he reflect on why the NDP has made a decision to oppose some of these things? I would like to ask him if he has any idea of why the NDP would want to leave the liability limit at $75 million.

The bill also tightens the definition of liability, establishes clear criteria for financial instruments for operators and gives alternatives to them to use different financial instruments in ensuring their operations. Again I would like him to answer and tell us why he thinks the NDP would oppose allowing operators to seek alternatives or options when it comes to their financial instruments.

Third, a number of the amendments deal with the nuclear claims tribunal that is going to be set up in the event of a nuclear incident. I wonder if he could also reflect on why the NDP would be willing to interfere with the operation of the tribunal to the extent that it is. It does not even seem to be willing to let the tribunal function properly.

It seems to us that perhaps the NDP is just putting these amendments forward in order to try to delay the bill. Does he have any reflections on that?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:15 p.m.

Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, I first want to echo my colleague's comments about the fact that our committee has been doing a pretty good job of working together and advancing good, strong, sound policies. Fortunately our committee has escaped some of the Conservative tactics. I want to thank the parliamentary secretary for working cooperatively with the committee.

He really does ask good questions. I am very interested in hearing the answers from the NDP. I cannot speak on their behalf. I can speculate that the NDP members sometimes play on the emotions and the fears of some Canadians. Their intent to pander and to be alarmist causes them to inflame some of those emotions, fears and concerns.

Let me be clear. I do not want to undermine the debate about what the amount should be. The question of the $650 million liability limit is a good and legitimate question. We have debated it extensively in committee. Yes, there are some good questions about what the right amount is, but given the experts and the witnesses we heard from and given the comparison to other international standards, we feel that it is a good leap from $75 million to $650 million. Also, the minister now has the authority to review it every five years to make sure it is adequate and comparable to international standards.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:15 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I have a question for my hon. colleague on an issue to which he referred. He said that the bill appeared to be what the industry needs.

The concern we have in the New Democratic Party is not only what the industry needs, but what the citizens of Canada need. What do they need from a nuclear liability act? What do they need to protect them and ensure that when there is such a calamity in our country, that the compensation is done in a fair, open and prompt fashion and that the amounts geared to be put forward are adequate? How does the bill guarantee the rights of Canadians in receiving the kind of compensation that could be applicable in the event of a nuclear catastrophe?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:15 p.m.

Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, I am really surprised because my colleague is not known for hyperbole and being selective in his remarks.

When I spoke to the bill, I said that not only the industry asked for it, but the host communities did as well. I do not know if he was there when the mayors testified before committee. They supported the bill. In fact they said that they wanted it now.

The member can claim that he is speaking on behalf of Canadians, but the record is clear. Mayors, host communities, the industry, the insurance industry, all stakeholders and experts support the bill.

Yes, there are some outstanding questions, and I do not diminish them, but the member cannot tell me that I only said the industry supported the bill. Host communities and mayors agree with it. The member should really read the transcript or speak to the mayors who host these power plants and get their opinion if he has any doubts.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:20 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Speaker, I am pleased to speak about Bill C-5 and debate the amendments proposed.

Perhaps we should remind the people who are watching why we are debating this bill today. As it happens, this bill was introduced by the government in October 2007. It is now May 2008. Many months passed before this bill was put back on the agenda. Later, perhaps we can try to understand why this government took so long to bring this bill back to the House.

Bill C-5 aims 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. The bill also replaces the power to create a nuclear damage claims commission with the power to create a nuclear claims tribunal.

As the member who spoke before me said, the members of the Standing Committee on Natural Resources have worked diligently and professionally and heard a great number of witnesses. We must remember that the bill is quite technical, and that it includes insurance, reinsurance and compensation terms. This bill is also very complex. The witnesses and experts who came to meet with us and give us their opinions were unanimous in their belief that this bill needs to be put into place, especially since it updates a law that was neglected by various governments—Conservatives and Liberals. The latter forgot to update this law.

It has to be said that, in recent years, nuclear energy has not been very “in”. Today, we hear a lot about it, because the energy crisis has led people to take another look at nuclear energy. Here in Canada, several provinces have nuclear plants they are having to repair. For example, Ontario has decided to refurbish its nuclear facilities and New Brunswick has decided to build new ones. Even Alberta is considering building a nuclear plant to provide energy for developing the oil sands. Nuclear energy is a topical issue. Some people are in favour of it, while others are not. My opinion on this issue is well known. Unlike the Minister of Natural Resources and the Conservatives, I do not consider nuclear energy to be clean energy. It does not emit any greenhouse gases, but it could hardly be considered clean energy.

A number of amendments were proposed. Some were debated and others were refused by the Speaker. Today, a dozen amendments are before us for debate. I have noticed that many of the proposed amendments pertain to the $650 million liability. The current act—which applies as long as the new act is not in effect—provides for a $75 million liability. If a major nuclear accident were to take place today, the operator's liability would be limited to $75 million. The bill provides for a $650 million liability. This change was long overdue. As I mentioned earlier, the different governments have neglected to update this amount. According to experts, the new amount was based on practices in other countries and the ability to insure such an amount. Like our NDP colleagues, we questioned this amount. Witnesses—especially mayors of communities that have a nuclear facility—said that in the event of a major accident, $650 million would not be enough to cover all the damages.

One mayor in particular told me that in the case of a nuclear accident, we must think about the municipal infrastructure that will have to be rebuilt as well as the credibility and visibility of this municipality, which will lose its citizens and will lose appeal to industries, plants, etc. It would have a huge impact on individuals, but also on the community as a whole.

It is true that, at first glance, the $650 million amount could seem insufficient. We questioned the witnesses at great length about this. They told us that currently, given the popularity and renewal of nuclear energy across Europe and worldwide, it is difficult to find financing for this amount. If the amount had been changed to $1 billion or $1.5 billion, or if there were unlimited compensation, the reinsurance market would have had problems.

We know that there is a process underway to increase the amount. The Bloc supported the amount of $650 million because one clause of the bill states that the minister must review the amount of compensation at least every five years. There is a difference there. It is not every five years, but at least every five years, which means that if the market changes and if he has the means, the minister could propose changes to the amount of compensation.

I understand that people—myself included—were feeling insecure the last time we debated the amount of $650 million. Aside from the creation of the tribunal, this was really the essence of the update of Bill C-5.

We also recognize that the status quo was not working and changes needed to be made. We refused to support the bill after it was democratically debated in committee and after it was amended because the bill was not acceptable as it was. It needed further amendments. To that end, in a responsible fashion, the Bloc Québécois supported the bill, but it will not support all the proposed amendments that we are discussing here today. We do not want to end up with an outdated bill that fails to serve communities or individuals.

I would like to take a closer look at some of the proposed amendments. I do not understand why, for example, one of the amendments proposes deleting clause 22, which gives the minister the authority to regularly review the liability limit at least once every five years. I do not understand why one of the amendments proposed by the NDP seeks to delete this clause, which I think is important to guarantee that citizens and communities have a way of pressuring the minister to review the compensation amount.

As a final point, it is important to keep the tribunal mentioned in the bill and avoid allowing people to select their tribunal, which we think would delay the compensation of individuals or communities that might be affected by a nuclear accident. We believe that an independent tribunal that reviews the applications is the best tool for citizens to be able to obtain justice and redress as fairly and as quickly as possible.

I am now ready for questions from my colleagues.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:30 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I want to thank my colleague, whom I worked with on the committee, for her interest in this bill and for her interest in these issues generally. I share some of her concerns.

The Parliamentary Secretary to the Minister of Natural Resources suggested that the amendments would mean we would be back at the $70 million limit. No, the sum total of the amendments would mean there would be unlimited liability for nuclear accidents, much as there is in Germany.

We originally had taken a different position in the committee, but this is the position we could bring forward as an amendment, to have it as unlimited liability. If we take into account deletion of clause 21 and the deletion of the amounts referred to in subclause 21(1) in the two amendments, the bill would then refer to unlimited liability on the part of the operators for any damages incurred by their facility.

If there is unlimited liability, then oversight as to the amount of the liability is not required. The liability is set and continues forever as unlimited liability. It is up to the insurance company to understand the nature of unlimited liability. In the case of nuclear plants, there can be very different degrees of liability according to the locations of those plants.

That is the explanation and I hope that helps my colleague.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:30 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Speaker, I thank the hon. member opposite for his explanation.

I would like to understand whether the proposed amendment in fact removes the compensation under subsection 30(1). In the current bill, a victim of a nuclear incident who applies for compensation has 30 years to do so. For example, if that person develops cancer 15 years later, he or she can, up to 3 years after he or she is diagnosed with cancer, apply for compensation.

Under the bill, a victim has this recourse for up to 30 years after the incident. Obviously, this is a very complex and technical matter. I have a hard time understanding why anyone would want to delete such an important clause that allows people to get compensation up to 30 years after the incident.

To my knowledge and in light of everything the witnesses have told us, I think that after an incident, repercussions such as illness or a condition can appear more than 30 years later. According to the witnesses, 30 years is enough time to report this.

I am surprised. Since this was not debated in committee and since we are seeing this amendment for the first time today, I would like our NDP colleague to elaborate on this.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 1:30 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I will be brief. I simply have a question for the hon. member.

According to the hon. member, what would be the potential effects of this bill if the government decides to go ahead and privatize some or all of Atomic Energy of Canada?

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May 6th, 2008 / 1:30 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Speaker, it is hard to comment on such projections. The debate is not over. We know that the government is currently conducting a study on Atomic Energy of Canada.

This morning the Minister of Natural Resources appeared before our committee. He told us that the study was not finished and that privatizing Atomic Energy of Canada is still a possibility.

This is certainly worrisome since there could be consequences to privatizing that agency. Nonetheless, I do not believe that privatizing Atomic Energy of Canada is problematic in the context of this bill.

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May 6th, 2008 / 1:35 p.m.

Liberal

John Godfrey Liberal Don Valley West, ON

Mr. Speaker, I rise to support Bill C-5 in its unamended form, particularly in light of the discussion which I have been privileged to hear today in the House.

I want to pick up on the points that were raised by my colleague from Mississauga—Erindale, which had to do with a number of fundamental questions about the future of nuclear energy in this country which underlie this bill. I also want to echo what my colleague from Western Arctic said, that as we think about that future, we have to think about not only the interests of the nuclear industry, but also the interests of the whole population of Canada.

First, at the deepest level, this bill raises a number of very profound questions about the future of nuclear power in Canada, about the future of AECL itself, about the future of the nuclear regulator, about the future of Canada's own Candu reactor, the future of evolving nuclear technologies around the world, competitive technologies to the Candu reactor and, indeed, the future of nuclear power around the world.

It is evident that the great change which has occurred in the debate about nuclear power has been driven by climate change. This has radically altered the terms of debate. It has radically altered the way in which we think about these issues.

I can say that as a long-time environmentalist, I have been one of those who, over the years, has had reservations about the nuclear industry. I have moved from that position to one of being agnostic, but today, as I weigh the odds, the chances and the dangers, I now find myself on the side of a nuclear future for Canada. I believe that inevitably, nuclear power will be an increasingly important component of our national energy portfolio in the years to come.

Even if we funded and built no new nuclear plants in this country, Canada would have been having a nuclear future for a long time anyway. If we consider the very lights in this chamber, two out of every five lights in this chamber and in Ontario are powered by nuclear power. Forty per cent of all the power currently generated comes from nuclear generators.

Their importance becomes all the more compelling, because we know what the future of coal fired energy plants is in this province. That is to say they will be eliminated, which puts an even greater burden on nuclear power certainly in this part of the world for the future. There is no existing alternative source of energy on the scope and scale of nuclear power which can replace coal fired generating plants.

Second, the climate change argument puts us in a world in which we have to balance off risks. That is what we are here for. We are here to make choices. To govern is to choose.

On the one hand, a world in which carbon dioxide continues to increase exponentially along with other greenhouse gases puts us into a perilous future when we would reach an increase in world temperature of plus 2°C. This would take us to a place we have not been in many generations and millions of years, versus the well-known risks of nuclear power, which have been nuclear accidents, terrorist threats or how we dispose of nuclear waste. These are not trivial matters, but we have to choose. We have to decide what is the greatest peril and can we manage the risks on the other side.

Bill C-5 itself and the debate about its amendments is about risk management, about somewhere between zero liability and limitless liability. The committee came down and decided on $650 million, increasing it from $75 million. That is about risk management.

The problem with climate change is that this is not a manageable risk if we continue not to do anything about it. That is the challenge, that we are in a potentially runaway situation. Nuclear power must be part of the answer to that.

The third point I would like to make is that around the world we do see a renaissance of nuclear power. There are currently operating in the world 439 nuclear power reactors. They have been operating for a collective number of 10,000 reactor years of experience. There are now 200 new nuclear power plants being planned around the world. During the entire nuclear power period there have been only two accidents: Three Mile Island and Chernobyl. Only one of those, Chernobyl, had fatalities associated with it, and there is no denying that was a major, major accident.

However, what we do forget as we think about risk is what happens as a result of the emissions from coal and power plants every year from mining. The number of deaths every year associated with coal mining so that we can actually power coal fired generating plants far exceeds the number of deaths associated with the Chernobyl disaster, and yet we never balance out those risks. That is what our job is as legislators, to balance choices, to balance risks and try and do the best we can for the future.

The fourth point I want to make is about nuclear waste itself. It is a problem which ultimately is technologically controllable. The exciting part, if I may say so, about nuclear waste is that it represents a potential future source of energy which we have not found a way of exploiting yet. There will be a new generation of reactors which will be able to extract from our existing nuclear waste energy almost on an indefinite, time unlimited basis. It is true we do not know exactly what that road ahead looks like of using nuclear waste for new power, but we also know that if we do not get on with change what our future looks like in a world of plus 2°C climate change. That we have a much stronger sense of. Again we have to choose; we have to balance.

My fifth point is that we have in AECL, a world leader, a company which has led the nuclear revolution not only in power but in medical isotopes and other areas. It deals with an evolving technology which has a tremendous future. Someone somewhere in the world, some industrial group is going to be developing the next generation of nuclear plants and the question is why should Canada, pioneers in this area, leaders for half a century, not be that somebody? Why should we leave it to France or to General Electric if we are going to be having a nuclear future in any event?

This brings me to the sixth point which is national interest. We have had interesting debate recently on a Canadian owned company, MDA, which developed RADARSAT and the Canadarm, as to what our national interest is in high tech companies. The government has said, and I credit it with this, that for things like space technology, this is in the national interest. I would argue that AECL is in the same vein. It is in our national interest to give this technology the resources and the support to take us to the next level and to take that technology to the world to see it not only in terms of contributing to the climate change debate but to wealth creation.

Finally, by passing Bill C-5, clearly we are anticipating a long life ahead for nuclear power in Canada, otherwise we would not have this bill. This might as well be a future where Canada is a leader. As the member for York Centre used to put it in his former life as a hockey player with the Montreal Canadiens as they got ready to play a game but they were feeling a little discouraged, “Well, since we have to play the game anyway, we might as well win it”. I think the same is true of nuclear power.

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May 6th, 2008 / 1:45 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, my colleague really touched on some very important points in his speech, one of them being that we simply cannot deal with the nuclear industry in this piecemeal fashion, and that is correct.

We have many problems with the liability limits in the bill. We did not have a context in which to put that. We did not have a sense of providing leadership in terms of identifying the true cost of the industry to the consumer. This is one point for someone who is interested in the comparison of directions in which we have to go.

If we continue to hold the liability for nuclear accidents above $650 million with the Government of Canada, we are instituting a long term subsidy of the industry. We are not expressing the true costs of the industry in relationship to other potential new energy sources at which we may be looking.

Our amendment would simply create an unlimited liability for the nuclear industry, much as there is in many other countries. This would ensure that the cost to deal with it would be left with the industry. It would be reflected in the prices that the industry would charge for its product.

Is that not a better situation than continuing the liability of the government in subsidizing the industry?

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May 6th, 2008 / 1:45 p.m.

Liberal

John Godfrey Liberal Don Valley West, ON

Mr. Speaker, three points were raised, and very valid ones, by my colleague.

First, he raises the question of establishing true costs. However, in any discussion of true costs, we have to compare, for example, what the true costs are of coal-fired electrical generating plants. Do we take into account the true cost to health when the particulate goes up? Do we take into account the true long term cost of global warming? Therefore, I am in favour of true costs, but they have to be compared on a wide basis.

Second, on the issue of subsidy, I think that is right. This is an industry, certainly through AECL and its research side, that needs to be subsidized. It needs to be controlled by the Government of Canada because it is such a crucial technology and it is also one which, if mishandled, has very dangerous and negative consequences. Therefore, I do not shy away from the notion of subsidizing a technology which takes us to a new place and will enhance our export capacity.

Finally, on the subject of unlimited liability, I guess the issue is if we were to change it from $650 million to unlimited liability, would we in fact destroy the possibility of there being a nuclear power future for Canada and the world?

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May 6th, 2008 / 1:45 p.m.

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, the hon. member almost was my university professor in Halifax. I do not know if that is his loss or mine. However, I was very enraptured by his comments, especially as I come from New Brunswick, which has put a lot of its power generating eggs in the basket of the nuclear power future.

Is the government and its climate change policy in step with the policy for nuclear power in the future and this bill in particular? What is it about this climate change policy of the government that in any way meshes with the nuclear aspects of his comments?

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May 6th, 2008 / 1:45 p.m.

Liberal

John Godfrey Liberal Don Valley West, ON

Mr. Speaker, to the extent that there is a climate change policy of the government, I would be very hard pressed, generous as I am and creative as I am, to find a connection between a nuclear strategy and a climate change plan and also one in which we saw the wealth creating component of our future climate change plans as being part of the mix, that when we think of climate change and the future we have to think of technologies and how we can actually make money by being green and by doing the right think.

I would locate this larger debate about nuclear power in that context about innovation and wealth creation.

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May 6th, 2008 / 1:50 p.m.

NDP

Denise Savoie NDP Victoria, BC

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.

These amendments are being passed off by the government and many in the Liberal Party as simply administrative changes to modernize an obsolete law. However, all Canadians should be very attentive to this legislation. It raises many questions as to who the government is really protecting through it and as to the future of nuclear energy in Canada.

Comments have been made by the government about fearmongering. I was one of those people who many years ago lived in Europe and experienced Chernobyl. I happened to be living in an area of France that received some of the fallout from that meltdown. I was one of those people who was very opposed to the nuclear industry.

Over the years and with climate change, at this point I am open to the idea, but it has to be done following very stringent regulations. This industry cannot be privatized. It cannot follow a financial bottom line. It is out of the concern to protect all Canadians that the NDP has proposed a number of amendments.

The bill, as was suggested, proposes a new compensation limit. The cap has been raised from $75 million to $650 million. It would be reasonable to assume that this limit is based on the risk and the implications to Canadians, but this is not so. The NDP brought forward an amendment to clause 22, which would establish a risk based on the consumer price index for Canada, as published by Statistics Canada, financial security requirements under international agreements and other considerations. The limit to the compensation is clearly insufficient and will be even worse in coming years.

Canada has not signed any international agreements on nuclear liability and has consistently resisted taking part in these agreements. The minister needs to take into consideration more issues than the CPI, such as the risk of an accident.

Risk has been defined in the following way, as being equal to the probability of something happening times the consequences. Using this actuarial definition, the probability of a nuclear incident in Canada is, as has been said, very low. However, when one factors in the catastrophic consequences of a nuclear incident, we see that then the risk is very high. It has been estimated that a nuclear accident would cause billions of dollars in damage in personal injuries, death, contamination of the surroundings and so on. The cap is clearly insufficient.

The U.S.A., for example, has a cap of $10 billion. Germany, which has experienced the fallout of the Chernobyl meltdown, has an unlimited amount. Many countries are also moving toward an unlimited amount.

Bill C-5 brings compensation levels up to an absolute international minimum. In the case of a nuclear accident, as remote as that might be, the damage would be catastrophic. That means with the level of compensation proposed in the bill, only a handful of dollars would be offered to Canadians impacted for loss of life, loss of limb, for contaminated property and so on.

In our opinion the legislation represents an almost cavalier attitude toward an energy source with the potential for catastrophic levels of damage and with no consideration of the risk levels as established by actuarial norms. We have proposed amendments to the bill to protect the interests of Canadians.

Earlier the parliamentary secretary said that the NDP wanted to have the compensation limit remain at the very low level in the earlier legislation. I must clarify that misleading statement because it could not be further from the truth. We feel that the cap proposed by the government should be unlimited. If one considers the NDP amendments together, they would have that effect. Following the principle of the polluter pays, nuclear operators should be prepared to cover a larger portion of the liability for their actions.

Canadians need to ask, why such a low limit? I will start by setting the legislation in the context of the recent events at Chalk River.

As with the legislation, it is important to ask whose interests the government was protecting when it fired the nuclear safety inspector for doing her job, or when the natural resources minister mused about having the private sector build a nuclear reactor to power the tar sands.

Last December's crisis at the nuclear plant in Chalk River gave Canadians cause for concern. It certainly has not inspired our confidence that the Conservatives will put safety ahead of profits.

First, for a decade both Liberal and Conservative governments ignored deficiencies in the operations of Atomic Energy of Canada, and that has been well documented by the Auditor General.

Second, Conservatives ran emergency legislation through the House supposedly to settle medical emergencies due to a long-time dispute between AECL and Canada's Nuclear Safety Commission, and that is now questionable.

Finally, the Conservatives continued with their trademark bullying tactics of silencing those who disagreed with them and fired the head of CNSC for stubbornly standing up for the safety of Canadians.

The way in which the Conservatives handled the Chalk River crisis raises concerns about whether safety is paramount to them.

Other worrisome questions have emerged about the Conservative privatization agenda.

The minister commented publicly on this. In the Globe and Mail, of November 2007, the Minister of Natural Resources said:

It is time to consider whether the existing structure of AECL is appropriate in a changing marketplace.

In an interview with Sun Media, the minister said:

It's not a question of if, it's a question of when, in my mind. I think nuclear can play a very significant role in the oil sands.

He admitted that he had been involved in discussions about a two year exclusive deal with Calgary based Energy Alberta Corporation to establish the Candu reactor technology in the oil sands.

The legislation facilitates the government's intention to privatize the nuclear industry. First it fired the safety inspector. Now it wants to set up an insurance plan that would take liability away from the operators, placing it on the backs of Canadians.

The government's drive to privatize all that is government, including the nuclear industry, should be a red flag to those who think money should not be the main driver in nuclear energy. It is too risky to leave it to the whim of the market. We know the Conservatives hands-off approach to government. They look the other way at efforts to privatize our health care system. If there is one other industry where money should not be the main driver, it is the nuclear industry. It cannot be left to the whim of the market nor to its cost cutting patterns for increased efficiency. Government should be subsidizing this industry.

I see my time has run out, but I assume I will be able to continue after question period.

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May 6th, 2008 / 2 p.m.

The Speaker Peter Milliken

The hon. member's time has expired, but there will be five minutes for questions and comments consequent on her speech after question period.

The House resumed consideration of Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident, as reported (without amendment) from the committee, and of the motions in Group No. 1.

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May 6th, 2008 / 3:10 p.m.

The Speaker Peter Milliken

Before question period, the hon. member for Victoria had concluded her remarks and there are five minutes remaining for questions and comments consequent upon those remarks. I therefore call for questions and comments.

Resuming debate. The hon. member for Ottawa South.

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May 6th, 2008 / 3:10 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I am pleased to participate in the ongoing debate on Bill C-5. It speaks to civil liability and compensation for damage in case we ever had a nuclear incident in our country.

The difficulty with addressing the bill in isolation is that I think for most Canadians, it has to be seen in the context of what has happed with the government with respect to the nuclear industry at large over the past roughly two and half years since it assumed power.

It is true that the bill is supported by the official opposition. I congratulate my colleague, the member for Mississauga—Erindale, the official opposition critic for natural resources, who has helped to stickhandle some of the more delicate questions around levels of compensation and standards for insurance, for example, that find themselves in the bill, and for that I thank him. We will support the bill as it is presently constituted.

However, it is fair to point out for Canadians just what has transpired around the nuclear issue in Canada over the last two and a half years. Let us review what has been happening around the government's performance recently.

The first ground breaking development was when the Prime Minister of Canada stood up in the House of Commons and labelled Linda Keen, who was then the chair of the quasi-judicial Canadian Nuclear Safety Commission, a Liberal appointee who he implied was simply doing the bidding of the Liberal Party of Canada by not folding to the pressure being brought to bear on her by the government.

It was quite an astonishing thing, given the fact that the Prime Minister several years ago had promised the Canadian people, in another election campaign, that they should not worry about him assuming power because the senior ranks of the bureaucracy and those who headed up our boards, agencies, commissions and our Supreme Court would “keep him in check”. Obviously he was pandering for votes, knowing that his polling was telling him clearly that the Canadian people did not trust his ideological bent and his deepest motives. Now we know on the nuclear front that they have reason and cause to be concerned, despite what is in the bill. C-5.

We can recall that Linda Keen, the former chair of the Canadian Nuclear Safety Commission, appeared before the House in a committee of the whole, with Atomic Energy of Canada Limited. They had been called to the floor of the House for an emergency debate. It surrounded the question of medical isotopes.

We have since discovered that the night before the Minister of Natural Resources's appearance before committee, after Linda Keen denounced the government's condemnation of her rocking the stability of the Canadian Nuclear Safety Commission as a whole, he fired her in the dark of night, just hours before she was to testify. His parliamentary secretary had pleaded with the committee to allow her to come and to allow for rebuttal, which we approved and agreed upon. However, at 11 o'clock at night, the chief nuclear safety regulator was informed at her home that she was fired.

I am a former governor in council appointee. I was involved in a whole series of appointments of members on my board and I have never ever, in my 25 years as a lawyer, heard anything of this kind. For that matter, nor has the minister. When he came to committee, he was asked to give us one shred of evidence, one ounce of questioning of this officer's performing her duties, doing exactly what her statutory responsibilities compelled her to do. The minister, carrying the line for the Prime Minister, said nothing.

Since then we have asked the minister to tell us, all in the interest of transparency and stability of the nuclear sector in our country, how much money it will cost the country to settle this preposterous lawsuit that the government has to defend because of its reckless conduct. Will it cost us half a million dollars? Will it cost us $2.5 million?

We know there is a very aggressive wrongful dismissal lawsuit now in the hands of PCO officials, but the government will not tell the Canadian people how much is will cost. It will not tell them because it was so reckless in firing the chief regulator for the nuclear industry. Canadians have a right to be deeply concerned about exactly what the government has done on the nuclear front.

Let us turn to AECL.

The provinces of Ontario, New Brunswick and Quebec have to deal with their nuclear capacity as they seek to meet their energy needs for the future. As one of my colleagues put it earlier today, all of this must be seen in the context of reaching and achieving our climate change greenhouse gas reduction targets.

The Premier of Ontario wrote the Prime Minister, asking him to clarify exactly what he would be doing with Atomic Energy of Canada Limited before the province moved forward with an $18 billion request for proposals to help deal with its energy needs going forward. There was no response. Is AECL now being compromised in terms of its potential success with such a bid? Of course it is.

This morning the Minister of Natural Resources was at committee. My colleague, the official critic for natural resources, repeatedly asked him exactly what role AECL would be expected to play in Canada. We know there are some 200 new nuclear power plants being built as we speak. There are 126 requests for proposals right now worldwide, which AECL ought to be winning. What was the answer? Nothing.

We asked the Minister of Natural Resources what the Banque Nationale study, which he asked to have conducted, had to say about the future of Atomic Energy of Canada Limited. We asked if the government would move to privatize all of AECL. There was no answer. We asked if it would move to privatize part of AECL. There was no answer. We asked if it would infuse it with new public capital, or if no money was left over after the Minister of Finance pulled yet another voodoo economic act at the federal level? Again, there was no answer. We asked if research and development would remain public or if it would remain possibly private. There was no answer.

This is at a time when the province of Ontario has indicated to the Prime Minister that it needs an answer by June, with clarity and certainty of exactly what the federal government will do with Atomic Energy of Canada Limited.

This is not a shell game. This is an important fundamental question about keeping the lights on, keeping our industries humming and providing new forms of energy in an energy mix that Ontario, New Brunswick and Quebec at least want to see addressed by the federal government.

The bill is important because it speaks to core issues around liability, indemnification, insurance coverages and the likes. However, it is very unfortunate because while the bill is being supported by the official opposition, what we are really seeing is complete incoherence on behalf of the government when it comes to taking a position on nuclear energy in our country and the future of what used to be and what still is arguably one of the world's pre-eminent nuclear companies.

Are we going to sit back and be out-skated by the French government and its partner in the private sector that is supplying now roughly 80% of France's electricity needs? Are we going to sit back and be outmanoeuvred by American nuclear companies? These questions have to be answered, but the government refuses to answer them. It has to come clean and come clean soon.

At the very least, the minister should admit his reckless incompetence in following suit, taking the lead from the Prime Minister, and singling out a top-notch, apolitical, lifetime official who was running the Canadian Nuclear Safety Commission. He bullied her, although she would not stand down. He dispatched two other ministers to bully her publicly, and she would not stand down. Now we find ourselves faced with a multi-million dollar lawsuit because of the Prime Minister's choice of what I call non-judicious remarks on the floor of the House of Commons.

The minister should apologize for that conduct. In fact, we repeatedly have called for his resignation. At the very least, he has to tell us how much money it will cost the Canadian people to settle the lawsuit caused by the reckless conduct of the Prime Minister.

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May 6th, 2008 / 3:20 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, my colleague has raised a very interesting question, about the privatization of AECL, which seems to be under consideration.

Does he not think that Bill C-5 is necessary for such privatization? A company that bought Atomic Energy of Canada would naturally fear that it might be responsible for the production of CANDU reactors and fear that it could, in case of accident, at some time be held accountable. Accordingly, for anyone who wanted to buy the company it is more attractive to have $650 million in insurance as a first buffer, and the government responsible for the rest.

In addition, I would like to point out that this morning, during the committee meeting, the minister said that he would make a decision this year and all options are on the table. In my opinion, that seems to indicate very clearly that he will privatize it this year.

Does my colleague think it is right that after the government has invested money in Atomic Energy of Canada, it could sell it or hand it over to the private sector just when it becomes profitable?

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May 6th, 2008 / 3:20 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I thank my colleague for his question. I would like to share with him what I heard at the committee this morning from the Minister of Natural Resources.

As the member himself has indicated, it is clear that the minister is trying to hide exactly what the government intends to do. We have no confidence in the government’s intentions when it comes to the matter of privatizing this crown corporation—none at all. We know that the government appears to be following its own ideology before obtaining scientific evidence, not to mention economic evidence. We see that in all areas. We have no confidence at all in the minister’s promise that there will be an answer within the next year to this very important question.

As I suggested in my remarks, this is very important for New Brunswick and especially for Ontario. The Premier of Ontario wrote to the Prime Minister asking him explain exactly what he intends to do with this crown corporation, before moving forward with a series of contracts worth $18 billion for construction of nuclear stations in Ontario. We have not had an answer.

Under Bill C-5 there would be new regulations that are necessary, but all of this is being done in a vacuum. We have had no answer about the future of this crown corporation and that concerns us a great deal.

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May 6th, 2008 / 3:25 p.m.

NDP

Catherine Bell NDP Vancouver Island North, BC

Mr. Speaker, I listened to the remarks of my hon. colleague, the member for Ottawa South. I sit on the natural resources committee, and we heard from many witnesses during the Chalk River debate. We talked about AECL. One of the things we learned was the Auditor General had done several reports, all pointing to underfunding of AECL over many years, not just the past two years.

I am also concerned about the prospect of the government privatizing AECL. The minister said again today that all options were on the table with the review of AECL, which is ongoing now.

We are talking about amendments to a bill, the nuclear liability act, which states that in the case of a nuclear disaster, there would be a cap on industry at $650 million. After that amount, it basically puts taxpayers on the hook. People will be calling on the government to ensure that it is liable.

Why would the member for Ottawa South and his party let industry off the hook for the price of $650 million?

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May 6th, 2008 / 3:25 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, first, the question of increasing operator liability from $75 million to $650 million puts Canada at par with the liability limits in so many other countries, and it responds to recommendations put forward by Senate committees.

Second, it gives the minister the power to review the liability amount at least every five years, which is reasonable.

It is not as simple as the member puts it here to the House or to Canadians. I understand it is hard for NDP members because they are a very anti-nuclear party, but I would like to know more about how they, for example, can reconcile their climate change and greenhouse gas reduction strategies with the role of nuclear power going forward?

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May 6th, 2008 / 3:25 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I would first like to say that the Bloc Québécois is in favour of Bill C-5 because we are in favour of safety, and we want to guarantee that people are insured if ever an accident happens. I say “if ever” but, given the law of probabilities, there will be an accident sooner or later. If it is not in Canada, then it will be somewhere else. That would effectively change the entire ideology of developing nuclear plants to generate electricity.

In any case, as I said, we are in favour of the bill because it provides a way to respond to an accident, even a small one. I just spoke about the probability of accidents. There are 60 accidents a year in Canada's nuclear plants alone. They have always been small contained incidents, but they could become serious accidents.

I am not talking about the tritium that is released, or that has been released. It took years in order to find solutions to limit the release of tritium into the air, which really caused pollution around CANDU plants. A CANDU plant is not a safe plant. The uranium-filled pipes bend over time because they were poorly designed. And when they bend, they can impede the movement of water around them. It is an example of a dangerous but efficient plant.

The minister again mentioned this morning that they are the four most efficient plants in Korea. We are not denying that these plants are efficient; we are just saying that this is a dangerous system. That is one of the reasons why they have been unable to develop the ACR-1000. It poses the same risks of tubes bending and deteriorating prematurely.

In any case, we really do not see why the Minister of Natural Resources is calling it a clean energy. It is clean as long as we do not talk about residue. Radioactive waste is dirty and will remain so for millions of years.

According to the minister, we will soon be recovering nuclear waste and giving it a second life. I would like to point out that France studied this for 15 years and abandoned the research because there was no prospect of success. And yet, we know that France has great faith in nuclear power. France passed the file on to the United States, which is also about to give up because they have not discovered how to deal with nuclear waste that is at an almost uncontrollable temperature. Consequently, this is not a solution that will materialize and we will therefore have a nuclear energy shortage. The A235 and the A239 may perhaps be ready in 35 to 40 years.

Therefore, we support this bill, which will protect existing plants and the people living nearby. However, we do not want this to automatically encourage the development of nuclear power in Canada, especially since Ontario is presently thinking of going that route. What lies east of Ontario, in its prevailing winds? Quebec. If an accident were to occur in Ontario, we would not want the radioactivity to spread to our province. We would not want that at all. Furthermore, Quebeckers generally do not support the development of nuclear power.

A few years ago, in 2002, not at the time of a referendum but when there was a movement against trucking MOX, 150 municipalities said no to road transportation of MOX.

What makes them think that it will be easy to truck enriched uranium or heavy water in a few years?

It is going to take an army and the police, before and after, to stop the demonstrators, and all that will cost a fortune. Nuclear power is expensive and cannot meet our needs.

At present, in the whole world, 12% of total electricity is produced by nuclear power. If we are going to be able to meet the needs, the rate would have to be 75% in 2050, which is totally impossible, because countries are not rich enough to pay for nuclear power. Nuclear power is necessarily a way of producing electricity that belongs to the rich. There will also not be enough uranium in the mines to supply all of the nuclear power plants.

Some people argue that this is the only solution that will not cause air pollution. That is absolutely not the case. There are other methods of producing electricity in a safe and sustainable way. I am thinking about deep geothermal energy, at a depth of two or three or four kilometres underground.

In the United States, 25 leading soil scientists participated in a $400,000 study on this topic. The study shows that deep geothermal energy is undeniably the only way to supply all of the electrical energy that will be needed in 2050. In Canada, the same would be true, because we have the same kind of soil. There are no social consequences, given that these facilities are not obvious and make no noise. Most importantly, there is no danger.

Deep geothermal energy does not need Bill C-5, because there are no accidents possible. At worst, a little pipe might be pierced and a bit of steam might get out. On the other hand, nuclear power will always be a sword of Damocles, always. It is like with a plane: you never know what day the plane will fall. We never know what day the nuclear power plant will blow up, either.

That is why we support Bill C-5. In our opinion, the legislation as it previously stood, which provided for $75 million of protection, was flatly and plainly inadequate if an accident happened—and they will happen. We do not know how big the problem will be, but there will certainly, and unfortunately, be accidents; it is the law of averages.

Some people will say that $650 million is not much more. It is a little more, but it is not a huge amount. It is not comparable to the United States, where $9 to $11 billion has been set aside. But that is a different system.

Here, we have opted for a system under which the insurance companies would provide this guarantee against nuclear accidents, and they do not want that protection to go above $650 million. In that regard, the government is right. It is the amount the insurance companies have agreed to commit to. Why are they not prepared to increase that amount? The reason is simple: because accidents can happen. If an accident can happen, why are we building more power stations? We should keep the ones we have and end it there.

I spoke about deep geothermal energy, but let us look at the amount of energy that can be produced just through geothermal heating—the geothermal energy found on the earth's surface. If 200,000 to 250,000 homes were powered this way, the yield would correspond to three times the energy potential of a 600- to 700-megawatt nuclear power plant.

I can see that I am running out of time. I would have liked to have spent all evening talking about nuclear energy, as I find it very interesting.

Because there is probably a very powerful nuclear energy lobby, people think it is the future. We think it is the past, and we think we should not focus on nuclear energy without consulting citizens.

The bill we have before us is interesting. However, why does the bill not state how the waste and residue will be buried? Why does it not state that the public would be consulted before we continue to produce nuclear energy? Furthermore, why did the government not say in this bill that it planned on privatizing the agency responsible for nuclear energy? This privatization would mean that we lose even more control, and that nuclear energy would be left up to the market.

Nuclear energy should not be run by the market. We must think about our health. The government is responsible for protecting the health of its citizens. Nuclear energy cannot protect our health, because there is always an imminent danger of a potential accident.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:35 p.m.

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, the member raised a number of issues that require further consultation with the public and with experts. One of them was the potential privatization of AECL. I believe another imbedded in his speech was the issue around a larger energy strategy that looks at renewable and sustainable energy.

I wonder if the member could comment on the elements that he believes need to be present in a consultative process. Perhaps he could comment on where we should be going with renewable and sustainable energy plans for Canada.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:35 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I thank my hon. colleague for her question. She has raised a very important point.

There are alternative energies, including active and passive solar, active solar with water, geothermal, wave, run of the river hydroelectricity and any number of technologies that have yet to be developed. We could be using these kinds of energy to meet our consumption needs in order to properly function.

Serious problems are linked to corn ethanol, but ethanol can also be produced from household or industrial waste. That is what Japan is currently planning. A great deal of energy could be harnessed from what we are sending to the landfill.

I will come back to my colleague's question and explore geothermal energy a little further. The temperature of water at a depth of two kilometres in Quebec and Ontario is approximately 100 to 150 degrees Celsius, which can drive steam turbines.

Twenty-seven countries around the world have major power plants that are operating on geothermal energy. Here, we have a layer of granite. Since granite cracks easily, we can divert water, capture it and bring it up to the surface to make electricity continuously, that is, night and day, at all times.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:40 p.m.

Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I would like to congratulate my colleague on his speech about nuclear and geothermal energy, a field he knows well and has studied for many years. I believe that geothermal is an alternative to nuclear energy.

I read a document produced by “Sortir du nucléaire”, a French antinuclear coalition. According to the document, over the next 15 years, we will have to invest between $15 billion and $20 billion to keep our nuclear power plants running. That will start within 10 or 15 years, because nuclear reactors tend to last for 10 to 15 years.

My colleague suggested we look to geothermal energy. Can he provide some numbers for this alternative energy source? Can he also explain the consequences of nuclear power generation on people's health? Studies have shown that radioactive waste can cause cancer and other human health problems. I would like him to comment on that too.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:40 p.m.

The Acting Speaker Royal Galipeau

The hon. member for Brome—Missisquoi has a minute to respond.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:40 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I will respond directly: geothermal electricity costs between 2.5¢ and 3¢ per kilowatt hour. Why? Because it is costing less and less to dig the pits since this technology has already been developed to get fuel and oil out of the ground.

This winter in New Zealand, I saw geothermal projects that were 50 years old and have not required any renovation costs, except for consistent maintenance on a few pipes and valves. They have been working day and night for 50 years producing 25 kilowatt hours the whole time. There are absolutely no health risks involved.

However, nuclear energy has a whole host of health risks. Think of the danger of radon to those mining and extracting uranium. People have problems related to radon, which is quite dangerous. Sooner or later, they get lung cancer and die. Radon is odourless and invisible.

There are dangers on many levels when it comes to nuclear energy. There needs to be an in-depth study, as my colleague said—

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:40 p.m.

The Acting Speaker Royal Galipeau

I am sorry to interrupt the hon. member.

Resuming debate. The hon. member for Vancouver Island North.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:40 p.m.

NDP

Catherine Bell NDP Vancouver Island North, BC

Mr. Speaker, I want to thank the Speaker for the ruling on the amendments earlier this afternoon.

We are talking about a nuclear liability act that needs to be updated. The amount of $75 million in nuclear liability compensation is far too low and needs to be increased. However, increasing it to the minimum that was recommended is also not the way to go.

I am pleased that my colleague made many amendments to this bill. In the case of a nuclear disaster the consequences could be disastrous both economically and health-wise. It could be extremely expensive and could cost billions of dollars. Our amendments taken as a whole would mean unlimited liability for the industry. That is what we put forward today. We do not want there to be a cap that would let industry off the hook at $650 million when we know full well the consequences could cost billions of dollars.

By making these amendments, we would bring our country into line with countries like Germany that have unlimited liability on the industry. These amendments are important because they would encourage safety in the industry. They would make the nuclear industry more accountable. The industry would be on the hook. It would want to make sure that it is a very safe industry. It would inspire public confidence in the nuclear industry, something which is important.

We have heard the minister and other parties say that nuclear power is safe, that it is clean energy. I know the minister believes this because he said again today at committee that it was a safe and clean energy source for this country.

I know that those parties want to use nuclear energy to get us out of our greenhouse gas problems, but there are some problems with that, mainly in the mining of uranium for the nuclear industry and what is done with the waste. The public does not have confidence in those aspects of the industry.

Also, because of the fact that there have been incidents over the years and the potential for another incident is still there, Canadians know that in the event of an incident, the costs could be quite high.

Some of our nuclear reactors are located quite near residential and business areas. If there were to be an accident, the cost to business, because it would be seen to be unsafe for many years to come, could be quite catastrophic, not only for that business, but economically for the community.That is where many of the costs lie when we think about compensation. We would have to ensure that the other businesses that would be impacted by an incident would be compensated fairly. When we look at future lost revenues to those industries or businesses, the costs again would be very high.

There was the recent incident with regard to Chalk River, the shortage of medical isotopes and the firing of the nuclear safety commissioner in such a way that Canadians were quite shocked. They wondered why the government would take such drastic measures and take the steps in the way that it did, which did not inspire confidence in the Minister of Natural Resources or in the government's ability to handle this situation in a fair-handed fashion. I think that has led many Canadians to wonder about safety. When a commissioner who is charged with looking after public safety is fired in the dead of night and without any notice and for no just cause, it sends a signal that the government will do what it has to do to take control of this industry.

I would like to go back to the amendments that would make sure that the industry was responsible and held accountable in the event of an accident or a nuclear incident. If we were left with only a $650 million cap for industry, then taxpayers would ultimately be on the hook for the rest of the compensation. If there were billions of dollars in damages, as has been investigated, studied and put forward by independent bodies as the amount of money that could be required to cover the damages, Canadian taxpayers would be on the hook for that liability. That is one reason this bill should not go forward in its present form and needs to be amended.

There is also a clause that says that the industry is off the hook for life and limb after 10 years in some cases and up to 30 years. We have asked that that clause be deleted.

Military personnel were called in to clean up a disaster at Chalk River in the 1950s. Even 40 years later some people have experienced many different kinds of cancers. Compensation has been denied over many years. We have to wonder if in some cases the insurers were not waiting until the people simply died off. Sadly, we know there is the potential for waiting them out and then the insurers do not have to pay.

Sometimes problems do not manifest themselves until many years later. If we are looking at it taking 15 to 20 years for the cancers to manifest themselves and a few more years before people actually go through the process of getting compensation, people could well end up not receiving compensation. We think that clause needs to be deleted as well.

There are many issues regarding toxic waste in this country. There are many tonnes of toxic material still present at Elliot Lake. People are still being exposed to contaminants. We are concerned about the toxic waste in this country. The problem has never been dealt with satisfactorily. Now the government wants to bury that toxic waste. I do not think that is necessarily the way to go.

The industry has come a long way. There is more and better technology in place to use the spent fuel rods. There are ongoing innovations in the industry. I would certainly support those innovations, but there is still a lot of waste out there that has not been dealt with and people are still being exposed to it. It is a problem that we have not quite addressed.

We want these amendments in the bill. Taken as a whole, they would make sure that the industry was liable for all damages in the event of an accident.

Canadians are very concerned about safety. They would like to know that the industry would be held accountable in the event of any kind of accident or disaster.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:50 p.m.

NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I have been following this debate closely and want to commend the member for Western Arctic in particular for the very salient amendments he has brought forward on behalf of our caucus.

One of the things that has struck me throughout this debate is that members keep talking about nuclear accidents. I do not happen to believe that these are accidents. In fact, most of the incidents that we are contemplating would be completely preventable.

The government members would like us to believe that the nuclear industry is safe. If they make the argument that the industry is absolutely safe, why is the government not putting its money where its mouth is? If the government members believe that the industry is safe, then there will not be any incidents. That means nobody will need to be compensated and it should not matter to the government whether the liability is at $75 million, $600 million or, as is the case in the United States, $10 billion.

Canadians are not trusting the government on that. They do not believe the industry is safe. Moreover, they do not believe that the government is actually undertaking the inspections and regulating the industry in such a way that Canadians can feel safe. That is what is at issue here today.

We are giving a handful of dollars for the loss of homes, businesses and lives, but what we really need to do is look at not just what is happening to families living near nuclear power plants, but families and Canadians affected by any nuclear installation or, indeed, toxic waste sites.

Could the member tell me why the government is so opposed to a limit of $10 billion of industry liability when the government is so certain that the industry is safe and no industry member would ever have to pay under this proposed increased liability?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

NDP

Catherine Bell NDP Vancouver Island North, BC

Mr. Speaker, I am not from the government side. Sometimes I have to wonder what government members think, but one can only guess that the reason they favour the industry so heavily in this regard by allowing it to have a cap on the liability is that perhaps they want to privatize it.

We are hearing from the minister again that there is a review of AECL at the moment. He said that every option is on the table and he will consider privatization of AECL as well. The only guess I can make is that we are going to see that in the very near future once this bill is passed.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

The Acting Speaker Royal Galipeau

Questions and comments, the hon. member for Nanaimo—Cowichan. There are two minutes left, so I assume if she takes two minutes, the answer will be nothing.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to thank the member for Vancouver Island North for her comments and the member for Western Arctic for the very good work he did on proposing amendments to this bill.

One of the things the member for Vancouver Island North and I share in common is that we live in communities that are being devastated by the layoffs in forestry. Although I agree that nuclear liability is a very important issue, it is unfortunate that we are also not spending time in the House talking about the devastation in the forestry sector.

As to the bill, the member mentioned in her speech that, in part, we also need to be having a discussion about other sustainable and renewable energy sources. I wonder if she could make some comments on what she would like to see the House address in that respect.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

The Acting Speaker Royal Galipeau

The hon. member for Vancouver Island North has one minute to respond.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

NDP

Catherine Bell NDP Vancouver Island North, BC

Mr. Speaker, of course we would love to see more investment in renewable energy. We heard from the minister about the amount of money that has been put into the budget for Natural Resources Canada with respect to wind and solar energy and tidal power. Unfortunately, it pales in comparison to the money that is invested in the oil sands--

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

Tar sands.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

NDP

Catherine Bell NDP Vancouver Island North, BC

The tar sands. I thank my colleague.

The amount that is invested in renewable energy in this country is very small compared to the subsidies that the tar sands and other industries like nuclear receive. I would love to see a lot more invested in renewable energy.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

The Acting Speaker Royal Galipeau

Is the House ready for the question?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

Some hon. members

Question.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 3:55 p.m.

The Acting Speaker Royal Galipeau

The question is on Motion No. 1. A vote on this motion also applies to Motions Nos. 2, 5, 8 and 12.

A negative vote on Motion No. 1 requires the question to be put on Motions Nos. 16, 17 and 18.

Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Agreed.

No.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

All those in favour of the motion will please say yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

All those opposed will please say nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

In my opinion the nays have it.

And five or more members having risen:

The recorded division on the motion stands deferred.

The recorded division will also apply to Motions Nos. 2 to 5, 8, 11 and 12.

The next question is on Motion No. 6. A negative vote on Motion No. 6 necessitates the question being put on Motion No. 21.

Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Agreed.

No.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

All those in favour of the motion will please say yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

All those opposed will please say nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

In my opinion the nays have it.

And five or more members having risen:

The recorded division on the motion stands deferred.

The next question is on the Motion No. 7. Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Agreed.

No.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

All those in favour of the motion will please say yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

All those opposed will please say nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

In my opinion the nays have it.

And five or more members having risen:

The recorded division on the motion stands deferred.

The next question is on the Motion No. 9. Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Agreed.

No.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

All those in favour of the motion will please say yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

All those opposed will please say nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

Some hon. members

Nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 4 p.m.

The Acting Speaker Royal Galipeau

In my opinion the nays have it.

And five or more members having risen:

The recorded division on the motion stands deferred.

The House will now proceed to the taking of the deferred recorded divisions at the report stage of the bill.

Call in the members.

The recorded division on the motion stands deferred until the end of government orders today.

The House resumed consideration of Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 5:55 p.m.

The Speaker Peter Milliken

The House will now proceed to the taking of the deferred recorded divisions on the motions at report stage of Bill C-5.

The question is on Motion No. 1. The vote on this motion will also apply to Motions Nos. 2 to 5, 8, 11 and 12.

A negative vote on Motion No. 1 requires the question to be put on Motions Nos. 16, 17 and 18.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 5:55 p.m.

Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, I think if you were to seek it you would find the unanimous consent of the House to apply the results of the vote just taken to the motion presently before the House, with Conservative members present this evening voting no.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 5:55 p.m.

The Speaker Peter Milliken

Is there unanimous consent to proceed in this way?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 5:55 p.m.

Some hon. members

Agreed.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 5:55 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

Mr. Speaker, Liberals present will be voting no.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 5:55 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, my colleagues from the Bloc Québécois will vote against this motion.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 5:55 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, the members of the NDP who are present will be voting yes on this motion.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Independent

Blair Wilson Independent West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, I will be voting no.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Independent

Louise Thibault Independent Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I am voting against this motion.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Independent

André Arthur Independent Portneuf—Jacques-Cartier, QC

Mr. Speaker, I would like to vote against this motion.

(The House divided on Motion No. 1, which was negatived on the following division:)

Vote #97

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

I declare Motions Nos. 1, 2 to 5, 8, 11 and 12 lost.

The question is on Motion No. 16. Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, were you to seek it you would find unanimous consent of the House to apply the results of the vote just taken to the motion presently before the House.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

Is there unanimous consent to proceed in this way?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Some hon. members

Agreed.

(The House divided on Motion No. 16, which was negatived on the following division:)

Vote #98

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

I declare Motion No. 16 lost.

The question is on Motion No. 17. Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, it is the same scenario. If you were to seek it, I think you would find the unanimous consent of the House to apply the results of the vote just taken to the motion currently before the House.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

Is there unanimous consent to proceed in this way?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Some hon. members

Agreed.

(The House divided on Motion No. 17, which was negatived on the following division:)

Vote #99

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

I declare Motion No. 17 lost.

The question is on Motion No. 18. Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, at the risk of being repetitive, I think if you were to seek it you would find unanimous consent of the House to apply the results of the vote just taken to the motion presently before the House.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

That will be two of us being repetitive. Is there unanimous consent to proceed in this way?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Some hon. members

Agreed.

(The House divided on Motion No. 18, which was negatived on the following division:)

Vote #100

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

I declare Motion No. 18 lost.

The question is on Motion No. 6.

A negative vote on Motion No. 6 requires the question to be put on Motion No. 21.

Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Conservative

Jay Hill Conservative Prince George—Peace River, BC

No, Mr. Speaker, it is not the pleasure of the House to adopt the motion. If you were to seek it you would find unanimous consent to apply the results of the vote just taken to the motion presently before the House.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

Is there unanimous consent to proceed in this way?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Some hon. members

Agreed.

(The House divided on Motion No. 6, which was negatived on the following division:)

Vote #101

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

I declare Motion No. 6 lost.

The question is on Motion No. 21. Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, I think we are getting encouragement from all members of the House to apply the results of the vote just taken to all of the amendments that you have to present to the House.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

Is there unanimous consent to proceed in this way?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Some hon. members

Agreed.

(The House divided on Motion No. 21, which was negatived on the following division:)

Vote #102

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

The Speaker Peter Milliken

I declare Motion No. 21 lost.

Are we proceeding in this fashion with Motions Nos. 7 and 9 as well?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6 p.m.

Some hon. members

Agreed.

(The House divided on Motion No. 7, which was negatived on the following division:)

Vote #103

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

The Speaker Peter Milliken

I declare Motion No. 7 lost.

(The House divided on Motion No. 9, which was negatived on the following division:)

Vote #104

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

The Speaker Peter Milliken

I declare Motion No. 9 lost.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

Saanich—Gulf Islands B.C.

Conservative

Gary Lunn ConservativeMinister of Natural Resources

moved that the bill be concurred in.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

The Speaker Peter Milliken

Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

Some hon. members

Agreed.

No.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

The Speaker Peter Milliken

All those in favour of the motion will please say yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

Some hon. members

Yea.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

The Speaker Peter Milliken

All those opposed will please say nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

Some hon. members

Nay.

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:05 p.m.

The Speaker Peter Milliken

In my opinion the yeas have it.

And five or more members having risen:

(The House divided on the motion, which was agreed to on the following division:)

Vote #105

Nuclear Liability and Compensation ActGovernment Orders

May 6th, 2008 / 6:10 p.m.

Liberal

Le Président Liberal Peter Milliken

I declare the motion carried.

It being 6:13 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.