Nuclear Liability and Compensation Act

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

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Lisa Raitt  Conservative

Status

In committee (House), as of June 1, 2009
(This bill did not become law.)

Summary

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

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

Elsewhere

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

Votes

June 1, 2009 Passed That the Bill be now read a second time and referred to the Standing Committee on Natural Resources.

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:05 p.m.
See context

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Madam Speaker, I certainly would like to see the proposal that the hon. member has. We, obviously, are in favour of alternative sources.

One simple thing we could do is change the building codes in Canada. One of the simplest ways to reduce our dependence on greenhouse gas-producing sources of fossil based fuels is to change our building codes, change the way we build our buildings and reduce the amount of energy we actually use. That is one of the simplest ways to massively reduce our burning of greenhouse gases.

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:05 p.m.
See context

Liberal

Jean-Claude D'Amours Liberal Madawaska—Restigouche, NB

Madam Chair, I would like to address the House for a few minutes to discuss Bill C-20, An Act respecting civil liability and compensation for damage in case of a nuclear incident.

One of the reasons why it is important to take the time to study this bill is of course the fact that the act goes back to 1976. You will understand that I was only three years old at that time. The whole nuclear movement has changed and evolved over time. The time has certainly come, 33 years later, to ensure that provisions are updated and to improve the act which has been in effect since then.

Updating means ensuring that the act reflects what is going on today, but also ensuring that we go a little further by being proactive and instituting measures so that the population feels better protected. We also want to see those who will be dealing with nuclear material and facilities take on some responsibility.

We all know that we need energy if we are to function. Whatever type of energy we use, have to have it to power our cars and heat our homes. That is reality, in this country and throughout the world. We are not unique in this. We most certainly live in a climate where the population has to heat their homes in the winter. We have to find a way. Some feel that certain energy solutions are less polluting than others. If we want to take the environment into account and pollute less, this may mean putting the emphasis on wind power and hydroelectric power.

However, we must also examine sources of energy that are extremely polluting, be it coal-generated energy or electricity produced by burning oil.

Nuclear energy also exists and must not be set aside. I heard certain members oppose Bill C-20, which seems a bit bizarre to me. As I mentioned earlier, when an act goes back to 1976, sooner or later we have to ensure that we update that legislation, especially when we are talking about nuclear energy.

Some members may be against nuclear energy and speak against it. However, we also have to look at the whole matter of the use of nuclear matter for worthwhile medical purposes. The crisis we are experiencing currently seems worse to me than the one in 2007. This year, in 2009, we are going to experience what appears to be an insurmountable isotope crisis. Indeed, from one day to the next or from one week to the next, we see that the government is introducing and adding amendments stating that medical isotopes will not be available before a given time.

The reality is that everyone in our country and elsewhere needs medical care. We have to be able to find solutions and identify people's illnesses. We may then see that there is no disease; that can happen. In that sense, medical isotopes allow us to move forward. They make it possible to find health-related, medical solutions for our fellow citizens.

If we want to be able to move forward in this area we have to be able to develop isotopes and this is done in a nuclear environment. It cannot be done with thin air, nor with wind turbines. We cannot make isotopes with hydroelectric energy, even if some people would like that. That is the reality we have to deal with.

If we want to continue to ensure a better quality of life where the health of our population is concerned, we must also be able to take steps to provide a safe nuclear environment. I was talking about protection earlier, and I may have an opportunity to get back to that.

When we speak in the House, it is good to have people listen to us, and not have them be talking to each other instead. Sometimes that can be distracting. It seems that some people are not interested in this very current and important matter, important for the health and safety of our populations.

I was talking about isotopes. Who can be against the obvious virtues of nuclear energy? Nuclear energy will be used to create medical isotopes. We must not forget that Canada produces 50% of the world's medical isotopes and 70% of the isotopes used in North America. It is all well and good to look at what we provide to other countries, but when the time comes to make a decision and vote on this bill, we will also have to take into account the fact that we use medical isotopes for the citizens we represent, Canadian citizens. How then can we be against the clear advantages of nuclear energy in that regard?

We cannot oppose it. I hope that some of the members who say they are against nuclear power will take a few extra minutes to think this through and think about their fellow citizens, the members of their family as well as themselves; they may at one time or another have had to undergo medical tests that involved the use of isotopes. It is almost impossible to be against the virtues of nuclear power in this regard. We cannot tell our fellow citizens that we will just stop producing isotopes because their production involves nuclear power. It would be like telling them that we will no longer be able to diagnose their diseases because we do not want to produce medical isotopes anymore. We really have to think about this with great care.

Once certain members have thought about this, I want them also to think about how anyone can be against updating and improving an act that has been around from 1976 to 2009. It is impossible to think that a member could oppose that and vote against this bill because he or she is against nuclear energy. That is missing the point. The point is that we have to be in favour of the bill because we are going to need nuclear energy in order to be able to provide medical care to Canadian citizens and to identify certain diseases or certain problems. Let us at least update the bill. Why run an additional risk? As parliamentarians, why not ensure that those who work with nuclear power be made more liable? We cannot be against that idea either.

Earlier, I mentioned protecting our citizens. There is no doubt that nuclear energy is not like water. We can drink water, even if it may sometimes be polluted, but not nuclear substances. So we have to be careful. Certain steps have to be taken. However, citizens must also feel that they are in a realistic environment. They must feel that parliamentarians have considered all aspects and that the government and the various government agencies have taken the necessary steps to ensure that the population is well protected, especially when we are dealing with nuclear power. It has to be said that this is an environment that can be unstable in some respects. No one will deny that. However, if we want to ensure that we are giving our citizens greater protection, one of the ways of doing that is to update this law in order to make sure that we will have much better regulation.

The other point concerns liability. We want to make sure that we are increasing the liability of nuclear power plant operators. One of the important things to point out in this regard is that the bill will increase liability from $75 million as it is currently to $650 million. Increasing these liability levels will ensure that people will not be able to take their work lightly. In addition to ensuring the protection of the environment and of our citizens, we will be making those who operate nuclear facilities more accountable, and raising the liability level from $75 million to $650 million is one proof of that.

Generally, it is when there are no limits that people do things in a somewhat more negligent way. If you increase liability to such a level, this clearly demonstrates that we want to attain an objective: that of ensuring that operators are doing their work seriously, so as to provide greater protection to our citizens.

As everyone will have understood, I will indeed be voting in favour of this bill. We will never be able to eliminate nuclear power, except perhaps in 100 or 150 years. This is not just about energy, but about medical treatment. Some of us may not agree with one or another of these matters, but it is very difficult to be against the medical aspect. If we cannot be against nuclear energy as it relates to medical matters, clearly we have to improve the act if we want to increase the protection we afford our citizens, and if we want operators to be more liable.

I will conclude here. If members have questions for me, I am ready to answer them.

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:15 p.m.
See context

NDP

The Acting Speaker NDP Denise Savoie

Is the House ready for the question?

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:15 p.m.
See context

Some hon. members

Question.

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:15 p.m.
See context

NDP

The Acting Speaker NDP Denise Savoie

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:15 p.m.
See context

Some hon. members

Agreed.

No.

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:15 p.m.
See context

NDP

The Acting Speaker NDP Denise Savoie

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

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:15 p.m.
See context

Some hon. members

Yea.

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:15 p.m.
See context

NDP

The Acting Speaker NDP Denise Savoie

All those opposed will please say nay.

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:15 p.m.
See context

Some hon. members

Nay.

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:15 p.m.
See context

NDP

The Acting Speaker NDP Denise Savoie

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

And the bells having rung:

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:20 p.m.
See context

Conservative

Chris Warkentin Conservative Peace River, AB

Madam Speaker, I ask that the division on the motion be deferred until Monday, June 1, at the end of government orders.

Nuclear Liability and Compensation ActGovernment Orders

May 28th, 2009 / 4:20 p.m.
See context

NDP

The Acting Speaker NDP Denise Savoie

Agreed.