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 15th, 2009 / 10:45 a.m.
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Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

moved that Bill C-20, An Act respecting civil liability and compensation for damage in case of a nuclear incident, be read the second time and referred to a committee.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 10:45 a.m.
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Cypress Hills—Grasslands Saskatchewan

Conservative

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

Mr. Speaker, it is good to be back again speaking about nuclear safety.

I am pleased to speak to Bill C-20, An Act respecting civil liability and compensation for damage in case of a nuclear incident. Members may be familiar with this bill. It was introduced in the last Parliament as Bill C-5. It is a bill that has had a long history of consultation. It also has a history of good support in the House.

The last time we brought the bill forward both the official opposition and the Bloc supported the bill. We were able to bring it through committee and into third reading without amendment. We look forward to working with the members on the other side of the House to get this bill through as quickly as possible.

Later, I think we will hear the member for Mississauga—Brampton South speak for the official opposition and the member for Trois-Rivières speak for the Bloc. We look forward to working with them at committee to bring this bill through to conclusion as quickly as possible.

The history of nuclear energy in Canada goes back some 75 years. For the past 30 years, it has been a part of Canada's energy mix. It has benefited this country and the citizens of this country in numerous ways.

As members know, a strong nuclear industry brings great economic and environmental benefits. However in order to encourage investments in nuclear facilities, liability rules are needed to provide legal and insurance certainty for suppliers and operators. Without the certainty of the rules concerning liability, insurers would not provide coverage to nuclear facilities, and no one would participate in nuclear development.

At the same time, it is important to ensure that Canadians have access to reasonable compensation in the unlikely event there is a nuclear incident. The health and safety of Canadians is a top priority of the Government of Canada. Canada's nuclear safety record is second to none in the world. We have a robust technology, a well-trained workforce and stringent regulatory requirements.

There are two pieces of legislation that provide a solid framework for regulating the industry. They are the Nuclear Safety and Control Act and the Nuclear Fuel Waste Act. Nevertheless, we must be prepared for the possibility of a nuclear incident, which could result in civil damages.

The responsibility for providing an insurance framework to protect Canadians and provide stability to this important industry falls under federal jurisdiction. The Government of Canada has a duty to assume its responsibilities in this area, and we are doing that.

Traditional insurance is not appropriate for dealing with this kind of liability. It is difficult to determine levels of risk. Canada, like virtually all other nuclear countries, has addressed this void with the enactment of special legislation.

In Canada we put in place the Nuclear Liability Act. This legislation established a comprehensive liability framework in case of a nuclear incident. It is the framework that is in existence today. Both this earlier legislation and Bill C-20 apply to things like nuclear power plants, nuclear research reactors, fuel fabrication facilities and facilities for managing used nuclear fuel.

The framework established under the initial Nuclear Liability Act is based on several principles. Those principles include the absolute and exclusive liability of the operator, mandatory insurance, and limitations in time and amount. These principles are common to nuclear legislation in most other countries, such as the United States, France and the United Kingdom. The principles that were put in place years ago are just as relevant today.

Let me quickly explain these principles. Absolute liability means the injured party does not have to prove that a nuclear reactor was at fault in an incident, only that injury or damages were caused by that incident. As well, the Nuclear Liability Act holds the operator of a nuclear facility to be exclusively liable for civil damages caused by a nuclear incident. In other words, no other business, organization, supplier or contractor can be sued for these damages. The operator is responsible.

This has two advantages. First, it makes it very easy for individuals to make a claim. They know who is liable and they do not need to prove fault or negligence. The other advantage is that exclusive liability allows the insurance industry to direct all of its insurance capacity to the operators.

The principle of mandatory insurance is straightforward. All nuclear operators must carry a prescribed amount of liability insurance in order to be licensed to operate the facility. This is a widely accepted practice in countries generating nuclear power.

The Canadian regime also places limitations on liability in time and amount. In terms of amount, the maximum that has been payable under the Nuclear Liability Act is currently $75 million. As well, injury claims must be made within 10 years of the incident.

These underlying principles of Canada's existing nuclear liability framework address the needs of Canadians while permitting our country to develop nuclear capabilities.

The Nuclear Liability Act made it easier for injured parties to make claims. It guaranteed that funds would be made available to compensate individuals in the unlikely event that there is an incident.

It is a tribute to Canada's nuclear industry that there have been no claims paid out under the act. Still it has served as an important safety net for Canadians and it has provided stability and security that is needed to support the continued development of Canada's nuclear power industry.

Although the basic principles underlining Canada's nuclear liability legislation remain valid, this act is over 30 years old and it needs updating. If we consider the possibility of new investments in nuclear reactors in Alberta, Saskatchewan, New Brunswick or Ontario, we can see why this legislation must be made as robust as we can make it. We also have to keep pace with international developments in the field over the years.

As a result of this, the Government of Canada has conducted a comprehensive review of the Nuclear Liability Act and is proposing the new legislation that is before the House today. This has been done with extensive consultation across the country with the industry and with Canadians.

The bill is intended to strengthen and modernize Canada's nuclear liability regime through an all-encompassing package of amendments. Bill C-20 is a major step forward in modernizing the act. It puts Canada in line with internationally accepted compensation levels. It clarifies definitions for compensation and what is covered in the process for claiming compensation.

The bill is a culmination of many years of consultation, involving extensive discussions with major stakeholders, including nuclear utilities, the governments of nuclear power generating provinces and the Nuclear Insurance Association of Canada.

I would like to talk a little about the key changes in this legislation. The main change proposed in Bill C-20 is an increase in the amount of operator's liability from $75 million to $650 million. This balances the need for operators to provide compensation, without imposing high costs for unrealistic insurance amounts, amounts for events highly unlikely to occur in this country. This increase will put Canada on a par with most western nuclear countries.

It is important also that Canada's legislation is consistent with international conventions, not only on financial issues but also with regard to what constitutes a nuclear incident, what qualifies for compensation, and so on. Accordingly, the bill makes Canada's legislation more consistent with international conventions. These enhancements will establish a level playing field for Canadian nuclear companies, who will welcome the certainty of operating in a country that acknowledges these international conventions.

Both the current liability framework and Bill C-20 contain limitation periods restricting the time period for making claims. Under the current act, claims must be brought within 10 years of the incident. However, since we know today that some radiation-related injuries have long latency periods, this limitation period has been extended under Bill C-20 to 30 years for injury claims, while maintaining the 10 year limit for other claims.

Both the current legislation and Bill C-20 provide for an administrative process to replace the courts in the adjudication of claims arising from a large nuclear incident. The new legislation clarifies the arrangements for a quasi-judicial tribunal to hear claims. The new claims process will ensure that claims are handled equitably and efficiently. I think that is an important amendment that people need to pay attention to.

The challenge for the government in developing this legislation was to be fair to all stakeholders and to strike an effective balance in the public interest. I firmly believe the proposed legislation fully meets that challenge. This is supported by the initial reactions that we received with Bill C-5, as well as the reactions we have received with Bill C-20.

We have consulted with nuclear operators, suppliers, insurance and provinces with nuclear installations, and they generally support the changes I have described. I know that some nuclear operators may be concerned about the cost implications of higher insurance premiums, but they also recognize that they have been sheltered from these costs for quite some time.

Suppliers welcome the changes, as they would provide more certainty for the industry. Nuclear insurers appreciate the clarity that would be provided in the new legislation and the resolution of some of their long-standing concerns.

Provinces with nuclear facilities have been supportive of the proposed revisions to the current legislation. Municipalities that host nuclear facilities have been advocating revisions to the Nuclear Liability Act. They are supportive of the increased levels of operator liability and the improved approaches to victims' compensation.

In short, Bill C-20 was not developed in isolation. The evolution of policy was guided by consultation with key stakeholders over several years and by the experience that has been gained in other countries.

Let me now turn to another aspect of our involvement with nuclear technology. There are three other aspects that I would like to point out quickly today.

The first is the safety record of our nuclear industry. Our CANDU reactor is arguably the safest reactor in the world and has all kinds of built-in systems to protect workers and the public.

I would also like to point out Canada's involvement in the nuclear industry and in research and development that has been exclusively for peaceful purposes.

Third, I would like to highlight the fact that Canada's nuclear industry is among the highest tech industries. It spurs innovation, which is the cornerstone of a competitive economy, generating more than $5 billion a year in economic activity. Canada's nuclear industry employs more than 30,000 people. Many Canadians probably do not realize that. Many of those are highly skilled people in well-paying jobs.

It must be recognized that the development of Canada's nuclear industry has been made possible by the civil liability rules provided by the initial Nuclear Liability Act. The improvements by Bill C-20 are now necessary for Canada to remain a leading player in the nuclear industry.

There is an additional aspect to Canada's involvement with nuclear energy. Much of our work in the nuclear industry has been to produce electricity, electricity to provide home comforts and to drive industry and promote jobs across the country. Electricity has contributed to a healthy environment through cheap and clean energy.

In this country we have made a commitment to achieve an absolute reduction of 20% in greenhouse gas emissions from 2006 levels by 2020. We are also committed to meeting 90% of our electricity demand from low-emitting sources by that same year.

As part of reaching these targets, our government is making substantial investments in measures to increase our supply of renewable energy, including wind, solar, small hydro and tidal energy. We also see nuclear energy as part of the clean energy mix that will advance Canada as a clean energy superpower. However, in order for us to advance in clean energy production, we need the certainty provided by an appropriate and up-to-date nuclear liability framework in order to protect Canadians and provide stability to this important industry.

In conclusion, Canada's nuclear safety record is second to none in the world. The Nuclear Safety and Control Act and the Nuclear Liability Act provide a solid legislative framework for regulating the industry and have done so since Canada's industry emerged as a world player. The former seeks to prevent and minimize nuclear incidents, while the latter applies should an incident occur. However unlikely as it may be, we must be prepared for the possibility of a nuclear incident that could result in significant costs.

For these and other sound reasons, I would ask members to support this legislation.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 10:55 a.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

The member will have 10 minutes for a question and comment period after question period, but we will move on to statements by members.

The House resumed consideration of the motion that Bill C-20, An Act respecting civil liability and compensation for damage in case of a nuclear incident, be read the second time and referred to a committee.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:25 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

When question period started, 10 minutes were available for questions and comments for the Parliamentary Secretary to the Minister of Natural Resources.

I see the member for Skeena—Bulkley Valleyis rising.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:25 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, one of the criticisms of this bill when it was introduced in the previous Parliament is that there was no clear demonstration of the public consultation that was required in the act. The government had previously talked about speaking to communities that were affected, that were either near a nuclear facility or that had some connection to these facilities.

I can recall that in the previous Parliament we called upon the government to produce the list of consultations that had gone on, indicating the dates, the places, the names of those who had shown up and the groups that were represented. We never received that from the government.

The reason I raised this question to my colleague is that around such a critical issue as nuclear safety and nuclear liability, and I am not sure there is a more dramatic consultation required because the effects on a community or on the environment if something happened would be enormous, it is absolutely incumbent upon the government to actually speak to Canadians and to present these public forums.

That list was requested from the previous Parliament. It was never brought forward. I am requesting it again. That consultation has always been a hallmark. It has been spoken of, but often we suspect that only a few from industry are actually contacted and that the communities at large are never brought to bear on the issue and cannot bring their concerns to the government. This is absolutely critical. We are talking about the liability connected to a nuclear facility.

I wonder whether the parliamentary secretary has that list available for us today, and would he tell us the dates, the places, those contacted, and the groups and organizations that were involved? Without this list, it is very difficult for New Democrats, millions of Canadians who support us and those who are affected by this issue to feel confident in the government and feel confident that the liability scheme imagined in this bill would actually get the job done. I wonder if the parliamentary secretary could produce that list for us today.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:30 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, I do not know if the member understands the process we went through. This bill is actually in its third reincarnation. It came in as Bill C-63. It was Bill C-5 in the last Parliament, and now it is Bill C-20.

He was not at committee last time, but we did have extensive consultations. We had open committee meetings. We had the communities come in. We had the interested parties come to speak to us. Obviously, we have talked to the industry as well. There have been broad consultations at least twice on this bill. We bring it forward with the support of the communities, the support of the industry, and we believe with the support of Canadians as well. The NDP members were the only ones who were opposing this bill last time, and we understand they will likely do that again.

However, the reality is that this bill has been put together. It has been crafted with input from a lot of different Canadians and with the industry as well. We certainly look forward to support from the other parties in this House, because this bill is long overdue. We need to raise the liability limits. It is something that everyone acknowledges. Certainly we hope the NDP members will not stand in the way of protecting Canadians, as they did last time.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:30 p.m.
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Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker the parliamentary secretary talked about bringing the insurance level in line with other jurisdictions. He also talked about our CANDU reactors in Canada, the tremendous safety record they have and the tremendous redundancies they have built into their technologies to ensure we do not have an accident.

We did hear a lot of testimony in the last Parliament on this bill. People commented about the potential loss with regard to some of these accidents that could happen.

I wonder if the parliamentary secretary could take a bit of time to comment with respect to how raising the level from $75 million to $650 million compares to other jurisdictions and how the safety record of our existing facilities in this country makes the $650 million more than adequate for what is required.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:30 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, the Canadian nuclear industry has an outstanding safety record. The member for Tobique—Mactaquac has worked with me and the government side on this issue for some time now. He was on the natural resources committee last time and did an outstanding job as we tried to bring Bill C-5 through the legislative process. He is working on that same committee this time on Bill C-20. We rely on him for his memory and contributions and we appreciate them.

Our industry in Canada has been safe and has had a tremendous record in that matter. When we came to put this new legislation together, we needed to decide how high the level of insurance needed to be. There needs to be a level of insurance that is adequate in the case of an incident but it also needs to protect Canadian citizens and it cannot be so high that it is impossible for the operators to even get insurance.

The limit they came up with was $650 million and we feel it really fits the public's need for adequate compensation in the event of any foreseeable incident at a Canadian nuclear facility. As I mentioned, we need to balance the need to ensure adequate victim compensation without burdening operators with costs that are completely unrealistic. We could have taken a number of different avenues but we made this choice for a number of reasons.

As I need to wrap up, maybe I can get into the reasons as to why we chose $650 million on my next answer. Others will speak to that as well.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:35 p.m.
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Liberal

Navdeep Bains Liberal Mississauga—Brampton South, ON

Mr. Speaker, I have two specific questions as a follow up to what was discussed earlier.

The parliamentary secretary talked about the liability cap of $650 million. I just want to know specifically if that meets the demands and requests made by the various stakeholders. Is that a sufficient level? If he was about to explain how he developed that amount and how they came to that amount, that would be greatly appreciated.

Second, does the legislation allow the industry to shop for insurance outside of Canada? If the parliamentary secretary could answer those questions, it would be greatly appreciated.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:35 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, it is my understanding that there is one insurance provider within Canada that will be providing that insurance.

I just want to talk a little bit about the comparison with some of the other venues as well before I get into the details of the $650 million. This compares favourably with what is happening in other countries that have nuclear facilities. There are a number of different ways that countries approach this but what we are doing here is in line with what most of the other countries do and it is line with the limits that other countries have on their liability requirements.

I just want to run through a couple of reasons why we have done this. The $650 million liability limit exceeds what we believe is the public's need for adequate compensation in the event of an foreseeable incident. It balances the need for victim compensation with the requirement for the operator to provide insurance. It responds to the recommendations of the Senate committee on energy, the environment and natural resources from a number of years ago that felt that this was an adequate limit.

It reflects insurance capacity, which is also important. If insurance is required to be carried, the industry must find a capacity where the insurance industry is able to carry that. There are some other areas that are moving to limits that are a little higher and some that are at lower limits. For example, the Americans require a little bit less on each of their individual facilities. However, we believe this is appropriate here.

I think it is important that we recognize that the amounts can be raised by regulation. There will be a review regularly and if it is found not be adequate, it can be increased. That has not been done in the present legislation.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:35 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I have a question for the parliamentary secretary who knows a great deal about this. I want to follow up on the question asked by my colleague from the Liberals. The liability limit in the U.S. is somewhere in the range of $10 billion for such insurance accidents. As proposed in this bill, Canada comes in at $650 million.

The Americans have an upper limit of liability 1500% higher than what our government is proposing. Could the member clarify why the Americans' liability on their facilities, which have the very same scope and scale of nuclear facilities, not that much bigger and not affecting that many more people, is so much more restricted under his bill rather than matching what the Americans have done.

The fact that insurance companies will not insure these facilities is of some note. No other industry enjoys such favourable dealings with the government.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:35 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, we can already see the NDP's enthusiasm for one more government initiative.

The reality in the United States is that individual operators are required to carry $370 million in primary insurance and another $135 million in secondary insurance. They also pool their resources. The industry in the United States is much bigger than it is here in Canada.

In order to deal with this issue fairly, as well as with the operators, the Canadian taxpayers and the industry itself, we believe the $650 million is more than adequate to deal with any of the incidents that we may be able to foresee.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:35 p.m.
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Liberal

Navdeep Bains Liberal Mississauga—Brampton South, ON

Mr. Speaker, I rise today to speak to Bill C-20, which deals with the important issue of civil liability and compensation in the event of a nuclear accident at a Canadian facility.

The Liberal Party supports this bill in principle but will use the natural resources committee to give it careful consideration in assessing whether it should be a mandate. We believe this legislation seeks to replace the outdated Nuclear Liability Act of 1976.

The bill has had a long history, the result of a decade of discussions that I am proud to say began under previous Liberal governments.These issues are complex, which is why we will be studying this bill and listening to expert testimony of individuals who understand these very complex issues. This bill deals with the fundamental aspect of Canadian nuclear safety by seeking to establish a clear regime in the event of a nuclear accident. It lays out rules for compensation and civil liability in the event of a radioactive release from a Canadian nuclear installation.

The bill retains the basic principles of the 1976 act by ensuring that nuclear operators remain absolutely and exclusively liable for damage. It requires that they carry insurance but limits the liability in time and money. The bill also ensures that suppliers and contractors are effectively indemnified.

The key aspect of this bill is that it increases the operator liability limit from $75 million to $650 million. That is the core issue. I would like to talk more about that and then ask some questions.

The Department of Natural Resources tells us that the increase reflects a balance of considerations. What we have heard from it so far is that it addresses foreseeable rather than catastrophic risks, that it reflects the insurance capacity that is available in the market at a reasonable cost and that it would put Canada on par with liability limits of many other countries. However, there are still some exceptions and we want to know why.

By putting this legislation forward, the government is responding to the explicit recommendations of the Senate committee on energy, the environment and natural resources that require this type of revision. These issues do not get a lot of media attention. They are not headlines that we see in the newspaper but they are, nevertheless, critical to the safety and security of Canadian nuclear facilities.

The need for a specific regime governing civil liability in compensation in case of a nuclear incident is based on the fact that private insurers have systematically and consistently refused to provide coverage for damage resulting from nuclear incidents. Over time, technology and innovation, coupled with a changing understanding of nuclear science, has meant that the current legislation no longer reflects the needs of Canadians. This threatens the security of the nuclear industry.

In the age of climate change, nuclear technology is critically important to our efforts to build a stable supply of clean energy. Also in a time of recession, the nuclear industry provides high-paying, high tech jobs to thousands of Canadians across the country.

The bill addresses two key aspects. First, it helps us in terms of dealing with the reduction of greenhouse gas emissions and also the preservation and creation of jobs in the high tech industry.

In fact, a number of my constituents in Mississauga—Brampton South depend on this industry for their livelihoods. They work at the head offices of Atomic Energy of Canada Limited, which is in the riding of my very well respected colleague from Mississauga South. That organization alone has provided jobs to thousands of Canadians and has shared its unique expertise and knowledge in 14 offices spread across seven different countries.

Intelligent Canadians going abroad, sharing our expertise and making a name for their country in the process makes us proud of what we as Canadians can achieve abroad. It is in sharp contrast, and I digress a bit, to the silly, unnecessary, unwarranted attacks by the Conservatives on the leader of the official opposition simply because he has taken Canadian experiences abroad. Many Canadians have worked abroad and have returned to Canada and it is unfortunate that those people are viewed negatively by the government.

These are the types of highly-skilled, well-paying jobs that the Conservatives are supposed to be creating for Canadians, jobs that will help us to maintain our global competitive advantage and our high standard of living.

Therefore, one would expect that a bill dealing with such an important issue for such an important industry would rate as a priority for a Conservative government that claims to have the best interests of Canadians at heart. I am sorry to say that the government has failed to act time and time again and, in some cases, actually worked against itself on this issue.

Various other versions of the bill have sprung up under the Conservatives but were shamefully allowed to lapse. In fact, Bill C-5, the bill's immediate predecessor, was being debated at third reading when the Prime Minister broke his own promise for fixed election dates and dissolved the House, killing the bill in the process.

This legislation has not been a priority, which speaks to the lack of trust that I and many others have regarding the Conservative record on nuclear safety.

The Canadian nuclear industry is at a critical crossroads. Its future is uncertain and yet the government continues to delay this important work. What kind of message does that send to nuclear workers and the industry? I suppose I should not be surprised. This is, after all, the government that fired Linda Keen from her position at the Canadian Nuclear Safety Commission, blaming the regulator when it was the minister who should have taken the responsibility.

Before this firing, the Office of the Auditor General submitted a special examination report to the AECL board of directors, pinpointing serious funding deficiencies that were holding back the necessary expansion and upgrading. It would be nice to know where the government stands on this matter but the minister and her government refuse to share their future plans for the crown corporation.

We know, through committee testimony, that the National Bank report, looking at the future of AECL, is in the hands of the minister. The problem is that the last we heard the minister has not even had an opportunity to read it. It is somehow in her department, maybe with some staff, but she does not have the time in her busy schedule to really look at this very important issue.

Again, this an important industry with thousands of Canadian jobs and yet the minister and the government refuse to show any leadership. They prefer to allow uncertainty and mystery to continue and wear the industry down through their inaction.

AECL is banking its future on a bid currently before the Ontario government to sell its next generation of Candu reactors. Candu technology is currently in use at over 40 plants around the world and the future expansion of that business depends on this.

I invite the minister to table the National Bank report today in the House and come clean on her plans for the future of AECL. Too many jobs and the industry depend on it.

Worse than endangering jobs are the lives that we put at risk because the government has not sought to find a way to a stable, long-term supply of medical isotopes, a direct result of the Conservative record on nuclear safety. This year alone there has been three radioactive leaks on the Chalk River site. How can Canadians possibly have trust in a government that refuses to take responsibility for upgrading and ensuring the security of our nuclear facilities?

We need to do what we can to ensure that we have a safe, stable and prosperous nuclear industry. In committee, we will take up that responsibility as we begin and conduct our studies.

A number of vital questions need to be answered before the bill is passed into law. I had the opportunity just a few moments ago to ask questions of the parliamentary secretary and I hope these questions are addressed in committee. Should this legislation allow the industry to shop for insurance outside of Canada? Will they allow for such openness and flexibility? Does the operator liability of $650 million address the needs of all stakeholders? Is it a sufficient level and how was that amount determined? Is that amount comparable to other jurisdictions around the world? What, if any, terms exist for qualification for appointment to the nuclear claims tribunal? What is that criteria? Is that criteria sufficient? In addition, I would seek witness testimony on the definition of nuclear damage laid out in the bill, and whether it is too narrow.

Those are the kinds of questions that need to be addressed but, most important, my colleagues and I will seek to examine in committee powers given to the Minister of Natural Resources to review the liability amount. It is absolutely critical that proper checks and balances are in place.

I look forward to working with my colleagues in committee to tackle these very important issues.

I ask the government to change its approach to the nuclear industry. We need the minister to fight for the health, safety and economic security of all Canadians. If we continue down the same path, the future of the Canadian nuclear industry looks very dim.

Nuclear Liability and Compensation ActGovernment Orders

May 15th, 2009 / 12:50 p.m.
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Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, I thank my colleague for his comments, aside from some of the partisan ones that he threw in.

He was talking about Chalk River and he is well aware from the testimony that was provided in the committee that there was a situation with the reactors and he knows full well that it was contained. That is the evidence that was given. There was no health risk to the public. In any event, we will get past that and we will get on to the bill.

I appreciate in the last Parliament the tremendous support we received from the Liberals to get the bill through. I would like the member to comment on the importance of bringing the legislation up to date and in raising the amount to $650 million. I would also like him to comment on the safety records of the nuclear facilities in Canada and how that will help us, as Canadians, to mitigate the potential insurance that needs to be carried on these units.