Mr. Allen.
Evidence of meeting #44 for Natural Resources in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.
A recording is available from Parliament.
Evidence of meeting #44 for Natural Resources in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.
A recording is available from Parliament.
5:10 p.m.
Conservative
Mike Allen Conservative Tobique—Mactaquac, NB
Just a quick question for clarification.
Is this the same section as the previous act on the establishment of the commission? It's fairly new, so I just want to clarify that.
It's written in here to give the option to the minister to speed these things up, where need be, and then it also has to be published in the Gazette. I don't see any mention of that in the previous act. So it would seem to me that this would be an improvement for the people who could suffer under this accident. Could you clarify that, please?
5:10 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
Yes, we did think this was an improvement, because, as you say, our main interest was making this transparent. Because it's published in part II of the Canada Gazette, everyone is deemed to know about it. It's judicially noticed. It was actually important to publish it in part II of the Gazette because it's theoretically possible that some actions will have staggered along a certain distance, and they have to be stopped and everything has to go to the tribunal.
So it's to make sure that everybody knows the rules of the game and has a fair opportunity to comment.
5:10 p.m.
Conservative
The Chair Conservative Leon Benoit
Thank you, Mr. Allen and Ms. MacKenzie.
Is there anything further on clause 31?
(Clause 31 agreed to)
(On clause 32—Effect of declaration)
Are there any questions?
Mr. Cullen
5:10 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Can we get a small explanation from the witnesses on this?
5:10 p.m.
Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Department of Natural Resources
The idea is that once you establish the claims tribunal you don't want claims to be continuing in court. The advantage of the claims tribunal is that it brings all the applicants together, all the claims, and then it is able to deal with them equitably. You don't want two different jurisdictions to deal with the claims.
5:10 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
If there has already been a claim made in court, does that stop the court process and drag it before the tribunal?
5:10 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
Absolutely.
5:10 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Could there be any unintended bad consequences of that? It seems like an unusual move. Are there other precedents in Canadian law that say Parliament can essentially stop a court case?
5:10 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
Parliament is supreme and it can do as it pleases.
5:10 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Oh, really. Great. I feel all giddy with the power.
But it's a little unusual. I'm trying to think of an incident in the five years I've been here where a minister of the crown has stood up and by the cause of an action stopped a whole series of court cases that are going on. It's unusual. It's a little heavy-handed.
5:10 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
It's a significant power.
5:10 p.m.
Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Department of Natural Resources
It's not the minister; it's cabinet that makes the decision.
5:10 p.m.
Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Department of Natural Resources
It's the Governor in Council that establishes the tribunal.
5:10 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Okay. Again, it's a pretty impressive power. I understand that Parliament reigns supreme, but I can't think of an incident—and I don't know if you can—in the last number of years where the cabinet has done something that has stopped a whole series of court cases. That, in effect, is what's being done here.
5:10 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
That's right. You can't imagine anybody doing that unless they were expressly authorized by the legislation, and that's what this legislation does.
5:15 p.m.
Conservative
The Chair Conservative Leon Benoit
Is there anything else on clause 32?
(Clause 32 agreed to)
(On clause 33—Report on nuclear incident)
Is there any question or discussion on clause 33?
Mr. Cullen.
5:15 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
We don't often see “without delay” language in legislation. This is ordering the minister without delay. I want to make sure whether there is any standard stipulation of that. It's usual to see in an act of Parliament something that forces a minister without any--
5:15 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
It's hard on the minister.
5:15 p.m.
Senior Legislative Counsel, Advisory and Development Services Section, Department of Justice
It is a high standard.
5:15 p.m.
Conservative
The Chair Conservative Leon Benoit
Anything else?
(Clause 33 agreed to)
There is an amendment that appears to be in order on clause 34.
(On clause 35—Power to make agreements)
Is there any discussion on clause 35?
Mr. Cullen.
5:15 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
I'm trying to understand the intention of this. In giving the power to this minister of making these agreements, what would these agreements do?