Energy Safety and Security Act

An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Joe Oliver  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

Part 1 of this enactment amends the Canada Oil and Gas Operations Act, the Canada Petroleum Resources Act, the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (the “Acts”) primarily to update, strengthen and increase the level of transparency of the liability regime that is applicable to spills and debris in the offshore areas.
More specifically, Part 1, among other things,
(a) expressly includes the “polluter pays” principle, which is consistent with the notion that the liability of at-fault operators is unlimited;
(b) increases to $1 billion the limit of liability, without proof of fault or negligence, to which certain operators are subject in the event of a spill or damages caused by debris;
(c) provides that an applicant for an authorization for the drilling for or development or production of oil or gas must demonstrate that it has the financial resources required to pay the greatest of the amounts of the limits of liability that apply to it;
(d) establishes a regime in respect of the development of transboundary pools and fields;
(e) provides for new circumstances in which information or documentation that is privileged may be disclosed;
(f) establishes a legal framework to permit the safe use of spill-treating agents in specific circumstances;
(g) harmonizes the environmental assessment process for projects for which the National Energy Board, the Canada-Newfoundland Offshore Petroleum Board or the Canada-Nova Scotia Offshore Petroleum Board is the responsible authority, as defined in the Canadian Environmental Assessment Act, 2012, with the requirements of that Act, including by establishing timelines for carrying out environmental assessments and creating participant funding programs to facilitate the participation of the public in environmental assessments; and
(h) creates administrative monetary penalty regimes.
Finally, Part 1 makes amendments to remove certain discrepancies between the English and French versions of the Acts, as well as to modernize the language in the Acts.
Part 2 of the enactment repeals the Nuclear Liability Act and enacts the Nuclear Liability and Compensation Act to strengthen the liability regime applicable after a nuclear incident. It also provides for the establishment, in certain circumstances, of an administrative tribunal to hear and decide claims and implements certain provisions of the Convention on Supplementary Compensation for Nuclear Damage. It also makes consequential amendments to other Acts.

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

Sept. 25, 2014 Passed That, in relation to Bill C-22, An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration of the third reading stage of the Bill; and That,15 minutes before the expiry of the time provided for Government Business on the day allotted to the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
May 29, 2014 Passed That, in relation to Bill C-22, An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the third day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 12:50 p.m.
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Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, that is a very important question that the voters should take a very serious look at in the next election. When the voters in British Columbia looked at that, they rejected the NDP, which had been way ahead in the polls, and elected a Liberal government again, even though the Liberals were very unpopular. The Liberal government in B.C. is of course the conservative government.

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 12:50 p.m.
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Some hon. members

Oh, oh!

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 12:50 p.m.
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Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, it just has a different name. I just wanted to make that clear for the Liberal members across the floor who were responding.

The nuclear industry is of course safe. But still, in case there is an incident, it is really important to have the protection in place and provision for the cleanup needs in place. That is why we have the $1 billion absolute liability and unlimited liability. So if there is $10 billion in damage, the company is responsible for paying the $10 billion in a situation—

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 12:50 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Order.

Resuming debate, the hon. member for Renfrew—Nipissing—Pembroke.

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 12:50 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, as the member of Parliament for Renfrew—Nipissing—Pembroke, which includes the Chalk River Laboratories of Atomic Energy of Canada Limited, I say thanks on behalf of the almost 3,000 employees at the facility for the opportunity to discuss Bill C-22, Energy Safety and Security Act. It is an important piece of legislation that would increase accountability in Canada's nuclear and offshore industries.

As my hon. colleagues are aware, Bill C-22 has both a nuclear and an offshore component. Given the importance of the nuclear industry to my riding of Renfrew—Nipissing—Pembroke, I would like to speak to the nuclear aspect of the bill today.

Our Conservative government is strongly committed to responsible stewardship in support of a strong and sustainable nuclear industry in Canada. Nuclear energy is a key part of Canada's energy mix and one of the main reasons that our electricity supply is among the cleanest in the world. In fact, here in Ontario, more than half of the entire province's electricity is provided by safe, clean, and reliable nuclear power.

Canada's nuclear power industry is an important contributor to our national economy. It generates close to $5 billion a year in revenues and provides employment for more than 60,000 Canadians, most of them here in Ontario.

As Canadians, we are aware that our Conservative government is focused on Canada asserting its role as a clean energy superpower. Nuclear energy is an integral part of that energy mix. We know that modern and effective nuclear liability legislation is essential to the sustainable growth of Canada's nuclear industry. It helps to protect Canadians, and it provides stability to the entire industry.

In the highly unlikely event of a nuclear accident that results in civil damage, it is crucial that Canadians be compensated equitably and quickly. In order for that to happen, the operators of nuclear facilities must know their financial obligations so they can undertake appropriate planning. With this in mind, we are demonstrating our commitment by reintroducing legislation with new improvements to strengthen Canada's nuclear liability regime.

What most hon. members might not realize is that Canada's nuclear liability regime is already nearly 40 years old. Certainly, times and standards have changed when it comes to the nuclear industry in Canada. Therefore, this legislation clearly needs to be brought up to date.

When it comes to nuclear power, it is absolutely important to note that times have changed. Unfortunately, there are environmental extremists like Gerald Butts, the principal advisor to the trust-fund-pampered Liberal Party leader. Mr. Butts is co-author of the so-called Green Energy Act in Ontario that is causing electricity bills to skyrocket out of control, and hollowing out the manufacturing sector in Ontario as business flees to places like New York State, which receives taxpayer subsidized electricity from Ontario. These people, and others like them, are living in the past.

It used to be just the NDP that had its head in the sand when it came to economical, greenhouse gas-free nuclear power. With the dangerous presence of people like Gerald Butts, the Liberal Party has become a threat to the thousands of Canadians who work in our nuclear industry. Whenever the word “nuclear” is raised, informed Canadians, like the individuals in my riding who work in the industry, understand that the world has come a long way in 40 years when it comes to nuclear research.

When it comes to nuclear waste, the CANDU nuclear system, our Canadian nuclear success story, leaves behind a lower volume of waste due to its superior design utilizing more of the nuclear fuel than our competitors do with their light water reactors. As we work to perfect this technology, the end result is to reduce the radioactivity in spent fuel from the tens of thousands of years down to just hundreds of years or fewer, all the while generating emission-free electricity.

Our nuclear industry can supply this power, all at an economical price, compared to the industrial wind turbines that are bankrupting Ontario and making a few Liberal Party insiders rich.

Our government has sought advice from and received input on this legislation from a broad range of stakeholders over the years. They include the governments of nuclear power-generating provinces, as well as the nuclear industry. We are confident, therefore, that this legislation is a solid reflection of what we have heard from Canadians and the industry itself, both operators and insurers.

The current operator liability limit was set in 1976. This is clearly unacceptable. Under Bill C-22, our government would increase the liability beyond the current $75 million to an amount of $1 billion. This amount would put Canada's liability limit among the highest internationally. In the event there is an accident resulting in civil damages exceeding $1 billion, Bill C-22 would require the Minister of Natural Resources to table a report before Parliament estimating the cost of the damages. This report would allow the government to make any decisions about additional compensation on a case-by-case basis, and any final decision would be decided by Parliament.

Let me assure all hon. members that Bill C-22 would maintain the key strengths of the existing legislation. Most importantly, it would ensure that the liability of the operator would be absolute and exclusive. Put another way, it means that there would be no need to prove fault and no one else could be held liable. The new liability amount of $1 billion would ensure equitable compensation for civil damages—that is, within the capacity of insurers—and would not burden taxpayers.

This legislation would include a number of other significant improvements. First, it would include a new mechanism to periodically update the operator's liability. Under the legislation, the Minister of Natural Resources would have the authority to review the limit regularly and the amount could be increased by regulation. This would ensure that our nuclear liability system remained current at all times. Second, it would contain detailed new definitions of compensatory damage, including certain forms of psychological trauma, economic loss, preventive measures, and environmental damage.

Third, it would include a longer limitation period to submit compensation claims for bodily injury from the current 10 years to 30 years. The 10-year limitation period would be maintained for other forms of damage. Finally, it would elaborate the features of the quasi-judicial claims tribunal to be established to replace the regular courts if necessary. This would significantly accelerate claims payments to Canadians.

Under this legislation, operators would be permitted to guarantee their financial liability with traditional insurance and up to 50% with other forms of financial security, such as provincial government guarantees, letters of credit, and self-insurance.

The government would provide coverage for certain risks for which there is no liability insurance. It would also provide increased coverage for lower-risk nuclear facilities, such as small research reactors at universities, through indemnity agreements with operators. All of the measures I have highlighted in Bill C-22 have the same goal in mind: protecting the environment and the health and safety of Canadians.

Our government is taking concrete steps to address important issues in the nuclear sector. This includes responsibly managing legacy waste, restructuring Atomic Energy of Canada Limited, and promoting international trade. I would like to touch upon the international efforts our government has undertaken with regard to Bill C-22.

In December 2013, our Conservative government signed the international Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage. By joining the convention, Canada will bolster its domestic compensation regime by up to $450 million by bringing in significant new funding for compensation. In Canada, this would bring the total potential compensation up to $1.45 billion, and by joining this convention, our government is advancing our commitment to a strong and secure global nuclear liability regime.

Given that the United States, our closest ally and neighbour, is already a member of the convention, our membership enables us to establish civil liability treaty relations with it. By becoming a member, Canada is playing an important role in making this convention one step closer to reality.

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 1 p.m.
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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I thank my colleague for her speech.

Regardless of whether we say good things or bad things about the bill, something is missing. If disaster strikes, what will we do? It is all fine and dandy to accuse the companies and to plan to spend millions of taxpayers' dollars to repair the damage. However, what about our dependence on outdated energy?

Yes, this bill had to be updated. The Conservatives should just get up to speed sometimes.

What about the damage? In April, it will be 28 years since the Chernobyl disaster. The Three Mile Island disaster took place in 1979. It will be 35 years ago this Friday. What happens with the virtually never-ending collateral damage, when we know what radioactivity does?

Could my colleague tell me why this bill does not look at the environmental side?

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 1 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, first and foremost, on our side we have prevention, in the Canadian Nuclear Safety Commission, ensuring that before anything is even built all legacy issues as well as safety issues are addressed.

The member opposite cited a couple of disasters, but it is important to note that Canada's technology, CANDU, is the safest in the world. Other countries use light water reactors whereas we use a heavy water reactor. This is used as a moderator, which slows down the neutrons and is much safer. It is in a separate container, apart from the boiling water. In Fukushima, the technology resulted in disaster.

We have the separate system as well as many passive systems in place, so that if electricity were lost, we have several features that would come into play to avoid disaster.

My answer, first and foremost, is that we have prevention and superior technology.

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 1 p.m.
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Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, with respect to the member's good constituents, the good people of Renfrew—Nipissing—Pembroke, I am sure they did not appreciate the member's nasty personal vitriol aimed at different individuals throughout her remarks. This is an opportunity for her to withdraw those.

That being said, I have three points to make for her to respond to. One is that during the first pronunciation of the clean energy superpower speech by the Prime Minister, in London, England, he promised that as a condition of Canada becoming a clean energy superpower, he would price carbon at $67 a ton by 2016. Where are we on that?

Second, the Prime Minister's former director of communications ran down the asset that the member rightly points out is an important asset for Canada, calling AECL a $12-billion sinkhole, before selling it off at fire sale prices to SNC-Lavalin.

Third, could the member tell us how many of the 124 requests for proposals for nuclear power plants worldwide AECL is actually bidding for right now?

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 1:05 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I will probably have no more time than to focus on the first question that the member opposite asked.

My constituents are infuriated over the skyrocketing costs of electricity that are a consequence of the provincial Green Energy Act, which his brother enacted under the authorization and architecture of Mr. Gerald Butts, who is now the key advisor to the Liberal Party leader.

If we want to have any idea of how energy costs are going to increase nationwide, we only have to look at what is happening to our hydro bills in Ontario to get a taste of that.

Further, this all started with the introduction of wind turbines. One of the first companies to reap the windfall is now also the president of the Liberal Party of Canada. It is a way of funnelling good taxpayers' money into government coffers, thereby funnelling it to their individual party interests. All the while, it is forcing Ontario taxpayers and ratepayers, hydro payers, out of their homes and into debt. They have to choose between heating or eating.

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March 25th, 2014 / 1:05 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, I am very pleased to speak on Bill C-22, an act respecting Canada's offshore oil and gas operations, enacting the nuclear liability and compensation act, repealing the Nuclear Liability Act and making consequential amendments to other acts.

This particular bill is a long time coming. It is the fifth attempt by governments to improve and modernize our legislation when it comes to liability in the case of nuclear accidents, and now in the case of accidents with the oil and gas sector.

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 1:05 p.m.
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Some hon. members

Oh, oh!

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 1:05 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, I appreciate the enthusiasm of my colleagues, but I am having trouble continuing.

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 1:05 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Order. If members want to continue a conversation from the previous speech, they are welcome to do so in the lobby.

Resuming debate, the hon. member for Parkdale—High Park.

Energy Safety and Security ActGovernment Orders

March 25th, 2014 / 1:05 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Thank you, Mr. Speaker. This gives me the opportunity to say that I will be splitting my time with the member for Windsor West.

Mr. Speaker, this is an important piece of legislation. As I said, it is the fifth time that the government has tried to get this right over the past nearly 40 years. It is long overdue. It is a chance for us to try to at least catch up with what other countries are doing around the world with similar forms of liability.

Our concern is that Bill C-22 does not offer Canadians the protection they need. The bill talks about the principle of polluter pay. It would have many reassurances for Canadians, and I will concede that it would make a step forward in terms of protecting Canadians from liability in the event of an accident in this sector. However, the bill's major shortcoming is that it would set the amount of liability at just $1 billion. What that would mean is that Canadians would be on the hook for any additional costs for the cleanup.

Now, $1 billion sounds like a lot of money. However, Canadians watching this should remember that any costs in addition to the $1 billion would come from the pockets of Canadians. All Canadians would share in the liability for any costs exceeding $1 billion.

I want to give some examples of what other countries are doing and the costs of some cleanups that have taken place.

Germany, for example, has unlimited absolute nuclear liability and financial security of $3.3 billion Canadian per power plant. This is not $1 billion overall; it is $1 billion per power plant. The United States has an absolute liability limit of $12.6 billion U.S. Other countries are moving to unlimited absolute liability.

The amount of $1 billion in liability for nuclear accidents would cover just a small fraction of the costs.

I want to say that our nuclear industry in Canada has been safe. We have been fortunate that we have not had accidents that other countries have experienced. There are many people who earn their livelihoods in the oil and gas industry and the nuclear industry, and this industry has had a positive safety record compared with other countries. I want to cite, for example, Japan's 2011 nuclear disaster at Fukushima. The Government of Japan estimates that the cost of the nuclear disaster at Fukushima could cost over $250 billion. Canada is talking about a $1 billion liability in the event, God forbid, that any disaster happened here.

We have had a good record. We plan to prevent disasters. However, that is the thing with disasters; they are often unexpected.

I would argue that the higher the liability for the industry itself, the greater the focus the industry will put on preventing accidents and maximizing the safety in our facilities. That, surely, is for the greatest good of all Canadians. If the industry believes, “Okay, it's $1 billion liability and we want our facilities to be safe, but anything that exceeds $1 billion is on the hook of Canadians”, then I think that changes the thinking of those who are responsible for safety in these facilities.

Let us look at the oil and gas sector. We all remember the disastrous offshore BP oil spill of 2010 in the Gulf of Mexico. That spill is expected to cost as much as $42 billion in cleanup costs, criminal penalties, and civil claims against BP. The firm is reported to have already spent $25 billion on cleanup and compensation. In addition, it faces hundreds of new lawsuits that have been launched this spring, along with penalties under the Clean Water Act that could reach almost $17 billion. A billion dollars sounds like an enormous amount to Canadians, but they have to realize that we are talking about huge sums with the possibility of anything going wrong in this sector.

It is not just New Democrats who are speaking out on this issue and putting Canadians first, before the needs of the industry. Others as well are saying that the government needs to really keep pace with best global practices. Let me cite some other examples.

The Canadian Environmental Law Association has requested the federal government to undertake a meaningful public consultation on how the Nuclear Liability Act should be modernized and to learn from the Fukushima disaster. Natural Resources Canada has been privately consulting Canadian nuclear operators on how to revise this legislation, but these behind-door consultations with industry alone are simply unacceptable. The NLA transfers the financial risk from reactor operations from industry to Canadians. Therefore, it makes sense that Canadians should be consulted.

Martin von Mirback of the World Wildlife Fund says:

To put it bluntly, there is no oil spill response capacity to address a sizeable well blowout or large-scale spill in Arctic waters. ... In conclusion, there is currently insufficient knowledge and inadequate technology and infrastructure to safely carry out drilling in Canadian Arctic waters. More time is required to address these gaps, but this necessity can become a virtue if at the same time we collectively invest in the research, planning, infrastructure, and dialogue that are the key characteristics of responsible stewardship.

Responsible stewardship—that is what we are asking for here. Let us take advantage of this opportunity to modernize this legislation to show responsible stewardship.

Let me end with a well-known, progressive, leftist organization, the Fraser Institute, on nuclear liability caps. I quote Joel Wood, the senior research economist. He says:

Increasing the cap only decreases the subsidy [to the nuclear industry]; it does not eliminate it. The government of Canada should proceed with legislation that removes the liability cap [of $1 billion] entirely rather than legislation that maintains it, or increases it to be harmonious with other jurisdictions.

We have an opportunity that only comes around once every 40 years to protect Canadians, modernize our legislation, show that we are at least attempting to keep pace with the rest of the world, and protect the public good. Let us not fail to seize this opportunity.

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March 25th, 2014 / 1:15 p.m.
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Saskatoon—Rosetown—Biggar Saskatchewan

Conservative

Kelly Block ConservativeParliamentary Secretary to the Minister of Natural Resources

Mr. Speaker, I welcome the opportunity to bring us back to the facts and then perhaps ask my colleague a question.

In the United States, the system is very different from what it is in other countries. In fact, the liability of the operator is capped at $375 million of insurance. In the event of an accident resulting in damage exceeding the liable operator's insurance, all U.S. operators of their 104 reactors would also contribute up to $125 million for each reactor they operate, which would make available a compensation pool of a maximum of $13 billion, should it be required. This type of pooling system would not be feasible in Canada, given that we have far fewer nuclear reactors, so I am thankful for the opportunity to bring us back to those facts.

My question to my colleague is this: what is the NDP's position on clean nuclear power?