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 27th, 2009 / 4 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Madam Speaker, this is related to the question of competitiveness. If we set a limit so high that an operator of a nuclear facility is unable to obtain insurance, then it is unable to operate. We are certainly not going to see the kinds of new nuclear plants that the Government of Ontario wishes to build, for instance. I think even the Government of Saskatchewan has indicated an interest.

Even NDP governments in some places these days have expressed an interest in having nuclear plants. They have made the decision, in their own judgment, that the concern about climate change is at the top of the environmental agenda these days and that is the major problem we face in the world environmentally. Relative to other kinds of sources of energy, they have decided they prefer nuclear energy.

However, if we are to have nuclear production in our country, it is important we ensure that AECL or other operators can exist, operate them and manage to have the insurance they require. A moment ago, we heard about the U.S. system, which is a very different one. When the U.S. has a much larger industry, much larger companies and many more reactors than we have in Canada, it can manage to have a different kind of system.

It seems to me that the system proposed here, with a vast increase in the limit, is one that suits Canada better. However, as I said, I look forward to hearing witnesses before the committee.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Madam Speaker, I hear that the member is concerned that the Americans are looking to perhaps purchase the atomic energy plant at Chalk River, the nuclear plant. They are certainly interested in purchasing significant sections of Canada's nuclear industry, but under the existing liability act, because $75 million is way below the international standards, they are held liable, using the American standard, to $10 billion.

If the bill were to pass with only $650 million as the liability, it would enable these American companies to pick up sections of the Canadian nuclear industry because they then would not have to face the $10 billion liability possibility.

How does passing the bill keep and secure our nuclear industry? Would it not say to the American industry, “Come on in and--”

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order. I will have to give the hon. member a few seconds to respond, so 35 seconds for a response.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

That is very short, Madam Speaker. The member indicated that I had said something about being concerned about Americans buying these plants. I do not remember saying the word “Americans” at all during my speech or making any reference to them. I am concerned about the fact that the government is looking at selling assets, whether it be its buildings, whether it be AECL and others, at fire sale prices. In this situation, we should be very concerned about that. However, in terms of the comparison between the U.S. system and ours, again, the U.S. system is very different and we should hear witnesses about ours.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:05 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Madam Speaker, I am pleased to speak to Bill C-20, because the Bloc Québécois believes that this legislation is absolutely necessary. The previous maximum compensation of $75 million in the event of an incident had been established quite some time ago, in 1976, and needed to be increased.

But before I go any further, I would like to respond to the member for Halifax West, who said earlier that he did not understand my question, because he thought I did not know who had jurisdiction over nuclear power plant construction. That was not my question. What I was asking was whether the Liberal Party wanted to develop the nuclear industry. When you invest $800 million in nuclear research and development, you are promoting it. The federal government is not saying it is going to build nuclear facilities, but it is promoting them.

Once again, the Liberals have no clear policy, and the member could not give a clear answer to my question, which is why he changed the subject. It is always the same thing with the Liberals at present: they do not know where they are going.

I will come back to the initial topic. Bill C-20 seeks to establish a liability regime applicable in the event of a nuclear incident. The bill clearly says “in the event of a nuclear incident”. It makes operators of nuclear installations absolutely and exclusively liable for damages up to a maximum of $650 million. It is hard to imagine that the company that owns a nuclear facility will be solely liable. In fact, even a minor nuclear incident will cost more than $650 million. Damages will easily run to billions of dollars. Who will pay for that? The provinces and the federal government.

Bill C-20 is a reincarnation of Bill C-5. We had studied that bill in committee and had had the opportunity to ask insurance companies whether they were ready for such legislation. Naturally, insurance companies are generally rather cautious, and they were not necessarily willing to pay much more than $650 million. They might have gone as far as $1 billion if we had forced them, but I had and still have the feeling that they cannot go any farther.

So we cannot compare the Canadian system to the American system as some people do, since we do not have many plants. American plants pool their money. It is not a $10 billion pool, but it varies from $9 billion to $11 billion. This pool also varies based on those giving guarantees. We agree that this would certainly be much closer to what a nuclear accident would cost.

The Bloc Québécois believes that this would still be an improvement over the previous legislation that provided for only $75 million in compensation, even though it is proving to be difficult to obtain insurance above the amount set out in Bill C-20. However, we realize that governments will be required to pay out the rest of the amount.

We are very concerned about a nuclear accident. There are several incidents each year at every nuclear plant. We call them incidents because they are contained. One of the most dangerous activities is changing the bundles of uranium-235 and uranium-239. They are changed by robots when all of their energy has been used up. When they are moved, there can be radiation in the room, and also outside the room where the reactors are located.

There is always some danger. We are well aware of that.

Last year, between November 5 and November 9, such an incident took place at Gentilly-2 in Quebec. I am not mentioning this just because it is Gentilly, since these kinds of accidents happen all over the place, for example in Burlington.

We are well aware that there can be problems with aging plants. The CANDU system is not internationally recognized as a safe system. It was possible to sell it abroad, but that was more under the Liberals, because it was practically a gift. The reactors were delivered and no payments were ever requested. So it was not because of the quality of the CANDU.

Earlier, the hon. member for Halifax West said that the government was not taking responsibility regarding the production of isotopes. That is true, and he is correct in saying so. Last year, we were forced to pass special legislation to get the plant running again, without any assurance that it would last. It was 55 years old last year, and this year it is 56. It is clear that this plant is past its prime.

However, the MAPLE, which was developed with taxpayer money over 15 years, is still not functional. We have even stopped hearing that this project would be completed. One of the reasons was that the engineers who might have done so have left, because the work was not moving along quickly enough and they could not see an end to the project. All of the top minds left the country under the Liberals and moved elsewhere. Our nuclear scientists and engineers are no longer here. That is one reason why the MAPLE was stalled, and why the government decided to scrap it after spending billions of dollars on its development.

Quebeckers have a hard time with this, since they contribute by paying taxes. Only 6% of all of Canada's nuclear energy is produced in Quebec, while Quebeckers pay 23% of all nuclear research and nuclear-plant promotion. Furthermore, this energy is not necessary. It can make people rich, but it is not necessary. We prefer green energies. In Quebec, we focus particularly on hydroelectricity.

All of Canada could also develop power plants run by deep geothermal energy, a sector that is completely ignored in this country, even though 24 countries have developed it. By drilling two to five kilometres underground, we can extract heat to generate decentralized electricity. This would be much better than a Canadian network that Quebec would not go along with, since it interferes with our jurisdictions. We will never accept it.

So, we are in favour of Bill C-20 in principle. As I said earlier, it is certainly not enough, but it must be said that nuclear power costs the government a lot of money. Even if the companies pay for the insurance, the government still establishes systems so that, for example, field hospitals can be set up quickly. The RCMP spends a lot of money to make checks and prevent terrorist attacks from taking place at nuclear plants. Security of nuclear plants costs the government money, and this money comes from taxpayers. So this is not a necessary energy source, nor is it a green one, that we could support.

Furthermore, the issue of nuclear waste has never been settled. This is a matter of great importance. To date, nuclear plants in Canada have produced over 2 million irradiated fuel bundles and they do not know what to do with them. That number will double if our existing reactors operate until the end of their predicted life spans.

So we are talking about 4 million bundles that need to be put somewhere. At the moment, consultations are under way all across Canada to find out where to put these things for the next 1,000 years. There has been research to see if this uranium might not be used to produce a depleted but still usable uranium. They came to realize, after fortunes were spent on it in France and after the Americans bought the rights to carry out this research, which incidentally they too gave up on about a year or a year and half ago, that there is no future to reusing uranium in this way.

So a place has to be found to put the bundles. They can be reused—this is possible—to make nuclear weapons. We know just how dangerous that is.

As long as nowhere is found for storage, stable storage if possible, of these bundles, we will not be able to develop nuclear energy and we will not be able to keep on thinking that it is a green energy and not a hazard to human health. It is a hazard to health because nuclear waste is a hazardous substance. What is more, the mining of uranium is dangerous as well.

I have consulted experts, and pure uranium could be used in nuclear facilities. I know that the present government wants to promote its use for extracting the oil from oil sands. Heat is needed to produce electricity and to extract as much oil as possible from oil sands. Then those nuclear plants will have to have a location for secure storage of their waste.

It is not just a matter of individuals deciding to accept or not to accept nuclear waste being stored in some location, but there is a whole context, a whole province, a whole part of a country, that has to agree to it. When this hazardous waste is being transported by truck or train, accidents or thefts can occur, as well as terrorism or sabotage, and they can occur just about anywhere. So it is not the responsibility of a small community, but the responsibility of a very large area.

In terms of such incidents, Bill C-20 does include some sensible provisions. We all hope that nothing will ever happen, but Bill C-20 is the very least the government can do. However, we are concerned that increasing insurance will cause a change of course resulting in the promotion of nuclear energy and CANDU reactors, which are not very safe as far as thermal and nuclear plants go, not to mention completely unnecessary.

As I said earlier, we can produce electricity using green energy. I went on at length about geothermal energy because, according to a study done in the United States, it can meet the needs of the entire United States and render coal-fired and nuclear plants obsolete. By 2050, geothermal energy alone can meet Americans' energy needs. There will be nine billion people on the planet in 2050.

We will need a lot of energy. Nuclear energy will not be able to supply that demand, and the prospect of plants melting down will always be a sword of Damocles hanging over our heads. Bill C-20 would never have been drafted if nuclear power were not dangerous. We are stuck in a vicious circle. We have this bill because nuclear energy is dangerous, but if we were not doing dangerous things, we would not need bills like Bill C-20 to protect people in case of an incident. Once again, I agree that $650 million is not going to protect us.

Suppose an incident were to occur at Chalk River. The fallout would go beyond Chalk River to Ottawa and Quebec. So $650 million would not be nearly enough to compensate people, rebuild houses, and clean up and decontaminate areas. It would certainly cost much more than that.

So the government must think instead of investing more, and that is what we are calling on the government to do. We want the government to put money towards developing green energies, instead of investing in research limited almost exclusively to nuclear plants and the sequestration of the CO2 gases produced by the oil sands. As I mentioned earlier, there is geothermal energy, but also solar energy. We know that great strides have been made in terms of generating electricity with solar energy. Spain has some examples of it working very well. We know that wind energy is already going well. So the government could spend more money and do more to develop the hydroelectricity we are capable of generating.

There is also biomass energy. Right now, we do not know what to do with our forestry workers. Biomass energy was used especially for heating, but it can also be used to generate electricity. Digesters can also be used on farms. Instead of letting animal excrement create methane and make greenhouse gases even worse, we could use digesters. The government should help farmers create electricity with these systems. They are on the market. It is just a matter of cost-effectiveness.

If we looked at the overall cost of nuclear energy per kilowatt-hour, we obviously would not even think about developing it. If we look at just the cost of production and not how much it will cost to dismantle the plants that will still be there even when they are not in use, even 40 years after they have stopped producing. Those areas will be radioactive. We will have a hard time closing those plants.

In any case, the cost of insurance will be included in the price per kilowatt-hour. That is what I wanted to mention as well. Even if we had requested much higher insurance, ultimately, the customer would always be the one to pay, because the price per kilowatt-hour would increase.

So I agree with a bill like Bill C-20. It is a minimum, but at least we are in favour of that minimum. However, we need to invest in green energies, and we need to do it now. The price per kilowatt-hour will be much lower and the risk of danger greatly reduced since it will be much easier to provide security. A wind turbine or a geothermal power plant is not at risk of being blown up. No terrorists are interested in doing that. But someone could be interested in blowing up a nuclear power plant if there was ever a conflict somewhere.

So, a green energy that is not dangerous is not the same thing as a green energy that is dangerous. Bill C-20 has to do with the health of the people and how to respond to a potential accident. That is the minimum.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:25 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, after listening to members of the Bloc, I do not sense that they are overly supportive of the nuclear industry or the development of more nuclear plants in the country. I, therefore, would question why they would be interested in supporting the bill when the responsible position to take would be to vote against it.

In Manitoba, we have a lot of hydroelectric power but we have only developed half of our potential. If we were to develop the rest of our potential and be able to transport it to the east-west power grid across the country, we could potentially close down all the coal-fired plants in Ontario. Instead, what we have developing here is nuclear plants being considered in Ontario and, evidently, in Saskatchewan and Alberta, which is clearly the wrong way to go for all the reasons that the member just illustrated, such as the storage of the material which is very expensive and has a risk for many years.

Huge deposits of nuclear material have been put in the oceans by the Russians and other powers over the years and we may never know what the long-term effects of that will be. It, obviously, cannot be good because over time those barrels will rust and the materials will be leaked into the oceans. I do not think we want to be promoting more of something that has not worked very well in the past.

I would ask the member to reconsider where he is going with this because I kind of like what he had to say and he was on the right track in his speech, but he has not really explained to me why he supports the bill.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:25 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Madam Speaker, I thank my hon. colleague for this question, which allows me to make some clarifications.

We are fundamentally in favour of safety. We are fundamentally in favour of companies having a minimum liability in case of an accident. The companies already exist. There are 18 nuclear facilities in Canada, so the danger does exist. However, we do not want to create any more facilities. We hope to see an end to the production of nuclear energy. However, we cannot close the facilities that already exist. There is no way we will be able to stop them as long as they seem to have some usefulness.

We want to provide people with a little protection. If an accident happens near Hamilton, $650 million will not make any difference. However, the company will have a minimum liability. It is in that sense that we are saying yes to this bill and no to nuclear energy development.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:25 p.m.
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Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, I would like to congratulate my colleague on his speech. I know he is a great environmentalist and green advocate.

The purpose of this bill is to make businesses more responsible. However, a few years ago, the government made some changes to legislation that allow private companies to manage nuclear facilities. One might wonder why private companies are being given such responsibilities and allowed to manage industries that involve a great deal of risk and potential harm. By their very nature, these companies have very limited liability. In the event of a problem, they can simply close up shop and disappear. The problems would then fall to the community and the government.

I wonder if my colleague believes that this is enough, or if we should not monitor this industry and the remaining facilities. Unfortunately, when private companies' resources run out, they simply disappear. Does my colleague believe that the compensation that private companies are being asked to provide will be sufficient in the event of a problem?

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:25 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Madam Speaker, I very much appreciate the excellent question posed by my colleague from Sherbrooke.

No, that amount is not sufficient. We realize that. We are simply saying that the amount is better than the $75 million proposed earlier. The fact that some plants have been privatized is certainly a huge problem.

However, we must not forget, and I would like to remind my colleague from Sherbrooke, that in Canada we have an organization called the AECL. This commission inspects nuclear power plants and issues operating permits. It is a group of independent and very competent persons. They are so independent that, last year, the Minister of Natural Resources fired the president because she was not telling him what he wanted to hear. This group was independent. It may be less so now. I do not know. However, I think it is absolutely necessary. It is an integral part of the cost of producing nuclear power. We must have organizations that conduct inspections and ensure that the plants are in good working order. Just imagine if the 18 plants we have now grew to 50. That would result in huge expenses just for inspections.

For that reason I believe that this energy is not viable. It is not a green energy and we are diverting inordinate amounts of money that never produce even one kilowatt hour.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:30 p.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

Madam Speaker, I am really interested in this debate as I know are most of my constituents in Hamilton Mountain.

It seems to me that what this issue is about is protecting Canadians in the case of a nuclear accident and tragedy. I wonder if the member could speak a bit about where the number $650 million of liability comes from. Why does he believe that number is adequate? I think all of the evidence from the experts speaks to the contrary.

We know, for example, that when the Pembina Institute did a study on what the cost would be of a potential major accident at the Darlington nuclear plant, which is not all that far away from my riding of Hamilton Mountain, it estimated the cost to be $1 trillion. Bill C-20 does not even provide for liability of $1 billion. We are talking about $650 million. The reality is, as the member will know, that taxpayers will be on the hook for the difference, and that difference is far from insignificant.

We are talking in the House about the deplorable state of the deficit now, which is 50% higher today than it was estimated to be just four months ago, but those numbers pale in comparison when we are talking about a potential $1 trillion liability as a result of just one nuclear accident.

I wonder if the member could just explain to the House why he believes that $650 million is adequate.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:30 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Madam Speaker, I never said that $650 million was enough. On the contrary, it will never be enough. However, it is one way of ensuring that the private businesses that own the plants take at least some responsibility.

It is always the citizens who pay. It might be said that governments pay on behalf of citizens, but it is always the citizens who end up paying. Had we required $10 billion in insurance, the premiums would have been so high that they would have been included in the price of the kilowatt hour and people would have paid in any event. The companies do not contribute. It must be understood that they never contribute. The cost is covered by the price of the kilowatt hour or, if there were an accident, after the fact. We will pay one way or another for an energy source that is not safe, that is dangerous and that could cause accidents.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:30 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Madam Speaker, I am speaking against Bill C-20, the nuclear liability and compensation bill.

We do need a new nuclear liability and compensation act, and we have needed it for at least 20 years. As a liability limit, $650 million is nowhere near enough. The Auditor General has said that we need a new act as have various organizations. However, to set the limit at $650 million is nowhere near enough.

The United States has a compensation--

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:35 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order, please. I regret to interrupt the hon. member.

At this point I must, pursuant to Standing Order 38, inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for St. Paul's, Health; the hon. member for Saint-Bruno—Saint-Hubert, Arts and Culture.

The hon. member for Trinity—Spadina may resume.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:35 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Madam Speaker, as I was saying, the United States has a compensation limit of $10 billion. If we look at other countries that have had quite a few nuclear accidents, whether it be Germany or Japan, we will notice that they do not have an upper limit at all, that if there is an accident, the company must pay all the costs of cleaning it up.

This bill used to be called Bill C-63, then it was called Bill C-5 in the last Parliament, and now it is Bill C-20 and the number remains the same. New Democrats said back then that we do not support $650 million as the existing compensation limit because it is way too low. We said it then. We say it now. Why are we seeing this number again?

I believe one of the reasons we are seeing this bill reintroduced today is because American nuclear companies are really interested in purchasing significant sections of Canada's nuclear industry.

Under the current legislation, they would subjected to the American rules as Canadian law does not meet the international baseline. We know the international minimum, according to the two international agreements, the Paris and Vienna conventions, requires a bare minimum of $600 million. Because of that, under American law, the parent company of a subsidiary can be sued for compensation due to the actions of, say, a Canadian subsidiary of an American company if the law governing that subsidiary is below the international standards, as it is now. If this bill were passed, then the American corporations could pick up any number of nuclear companies.

What concerns me most is what is happening at Chalk River. We have a reactor shutdown. We have at least 30,000 patients per week who need the precious medical isotopes the reactor produces and we know that these isotopes will run out in a week. We also know that the reactor has had a heavy water spill and we also know that it will be shut down at least until mid-June, and maybe even longer.

Now, people who have cancer or who need heart scans cannot get the scans done. People who have thyroid cancer, as I have had, after the thyroid has been removed, need to ingest a medical iodine isotope, pill I-131, which I remember taking. It would then destroy the cancer cells in the thyroid area as the thyroid attracts these nuclear iodines made by the isotopes. If people do not get it treated, if they do not take that iodine pill, which is called a seed, then the thyroid cancer cells could spread.

I am glad that when I was diagnosed with that cancer, I was able to have it removed and then, at that time, able to have access to this iodine I-131 pill. I cannot imagine what will happen to these thyroid cancer patients who need this treatment, and then to have them hear that we are going to be running out of these isotopes in a week. What is going to happen to them?

Instead of focusing on a plan B, instead of looking at whether to build a new reactor that is supposed to be on line, we are discussing this bill that certainly does not really make sense because the liability of $10 billion is 1,540% higher than the limit proposed by this bill.

Is it because our reactor is that much safer than what the Americans have? Is it because Canadian taxpayers have far more money, that if there were a big accident, certainly the Canadian government could do the cleanup? I just heard that we have at least a $50 billion deficit. Where are we going to find the money to do the cleanup if the company is not liable?

Is the imminent sale of AECL to an American company that has the government so eager to make the Canadian nuclear legislation more American-friendly? That perhaps is one of the reasons. We are quite concerned because right now in tough economic times, the value is the lowest, which means that AECL can easily be picked up if there are interested buyers once this bill has passed.

We believe that this is bad legislation. We do not think that it can be amended, especially the dollar amount of $650 million, through the committee. I have already heard that such an amendment would be ruled out of order when it is referred to committee, which means that we are stuck with this dollar amount of $650 million. In the speeches I have heard today, whether from the Liberals or the Bloc, there is concern that $650 million is too low. This bill cannot be passed at second reading because it is just not good enough.

If we think of forecasting costs of possible accidents, a major accident at the Ontario Darlington nuclear plant, God forbid, east of Toronto, which is not far from where I am, could cause damages estimated in the range of $1 trillion, not $1 billion but $1 trillion. No wonder the Japanese and the Germans do not have an upper limit.

There are statistics of the costs of past accidents. On October 5, 1966, the Enrico Power Plant, Unit 1, outside Detroit, Michigan, not far from our border, suffered a minor issue in its reactor. The public and the environment did not experience any tragedy. The minor repairs of the entire accident, which were not entirely fixed until 1970, were $132 million in 1970 dollars. This amount would be covered, but that was a 1970s figure and it was for minor damage.

If we look at Three Mile Island, which I think everyone is familiar with, in 1979 in Harrisburg, again there was a minor nuclear incident. It caused one to two cases of cancer per year and the cleanup and investigation of the incident cost an estimated $975 million U.S. That is over the Canadian limit already and again we are talking about seventies and eighties dollars.

It is troubling that we have such a low limit of $650 million. We know that nuclear energy is extremely unsafe if it is exposed. I remember when I had to take a radioactive iodine pill, I was in a secure room. No one could come anywhere near me for at least three days. The food was put in through a secure passageway. It was extremely radioactive. No one would want to sit beside me when I was taking that pill.

If we look at the world's foremost expert on nuclear liability, Norbert Pelzer, he is saying that the upper limit should be unlimited and that even the $10 billion in the United States is insufficient to cover a huge nuclear incident. Our amount is not even enough for a minor issue, never mind a major problem.

The other part of the bill that is problematic is the compensation process is cumbersome. It should be like an insurance claim. Instead, right now victims of nuclear accidents have to go through court. Going through the legal system is extremely costly and not everyone has access to it.

The other problem is the bill does not cover any accidents outside the plant setting. For example, if oil and mining companies use radioactive materials and a mistake is made, such as a spill or something takes place, this insurance would not cover that at all and the victims would be left high and dry.

When we calculate the cost of cleaning up Three Mile Island, if that dollar amount did not come from the nuclear industry itself but directly from taxpayers, we could have built 1.15 million hundred watt solar panels. We should think of the possibility of the green jobs we would be missing if the taxpayers have to pick up the tab if there are any accidents. We certainly need to have more green jobs.

Canada ranked 11th in last year's poll, measuring wind power and in the last budget, the government cut off the grants for wind energy, which will make it even worse. The bill is really not helpful.

I want to point out various accidents. For example, East Germany had an accident in 1975. On May 4, 1986, again in Germany, there was fuel damage. What happened was attempts by an operator to dislodge a fuel pebble damaged its cladding, releasing radiation, detectable up to two kilometres from the reactor.

In June 1999 Japan had a control rod malfunction. The operators, attempting to insert one control rod during an inspection, neglected the procedure and instead withdrew three, causing a 15 minute uncontrolled sustained reaction at the number one reactor of the Shika Nuclear Power Plant. The electric company that owned the reactor did not report this incident and falsified records, covering it up until March, 2007.

Also in September 1999, a few months later in Japan, workers did something wrong, which exceeded the critical mass, and, as a result, three workers were exposed to radiation doses in excess of allowable limits. Two of these workers died and 116 other workers received lesser doses, but still have a great many problems. In March 2006 Tennessee had a big problem.

These countries that have had problems have set either no upper limit or a limit in the billions. In Canada setting the limit at $650 million is really not at all useful. That is why the New Democrats will not support the bill.

We would hope the government would take it back, consider the upper limit, either make it similar to the U.S. or, even better, do not set an upper limit. That would be a new nuclear liability and compensation act, which is overdue, and it would certainly get the support of New Democrats.

Nuclear Liability and Compensation ActGovernment Orders

May 27th, 2009 / 4:50 p.m.
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Conservative

Bradley Trost Conservative Saskatoon—Humboldt, SK

Madam Speaker, I listened to my hon. friend's remarks.

First, does she realize that the compensation as set out in the bill is for victims and not to repair everything that may possibly happen in a nuclear accident?

Second, does she not realize that it is not only commercial nuclear reactors with which we have to be concerned? There are smaller accidents as well.

Saskatoon, for example, has a nuclear reactor, which is experimental and is used for research. We have to be concerned about those, and there are many others across the country.

Third, does the hon. member realizes that if we do not pass the bill, the limits will remain lower than they are? I can understand the hon. member wanting the limits to be higher, but if the legislation is defeated, the limits would stay low instead of rise to give more compensation.

Could the hon. member comment on those three points?