Mr. Speaker, neither motion No. 7 nor motion No. 8 is acceptable.
I have this statement on motion No. 7. Many years ago it was the practice to include a representative from industry on the board. The government, as a matter of policy, abandoned that practice years ago. It is critical that members of the AECD or its successor, the Canadian Nuclear Safety Commission, be unbiased. It is equally important that it be seen to be unbiased by both the public and the industry being regulated. Furthermore, in order for good decisions to be made by members of the commission, it is extremely important that the commission be made up of members appointed for their expertise.
This amendment, if accepted, would risk having poor regulatory decisions made because of lack of expertise or bias toward one agenda or another. It would also raise doubts about the objectivity of the regulator.
There may also be significant problems with interpreting or applying this amendment. It is not clear who the representative should be. It could be a member of an environmental group or a company employee, but it could also be a person simply appointed to speak for the environmental group or the industry. Nor is it clear how the terms, generally recognized, or work in environmental protection, would be interpreted.
The order in council process envisioned for this bill provides complete flexibility. Representatives of environmental groups or industry could be appointed if that is what is desired.
As for Motion No. 8, requiring approval of Parliament for appointments to the commission, there have been times when a new member had to be appointed to the board due to the death or illness of a member. Order in council appointments allow the government to fill vacancies speedily. Requiring candidates to be approved by Parliament could lead to situations where the decisions of the commission are delayed until new members are appointed.
I would suggest that hon. members consider what would need to be done if a vacancy had to be filled during the summer months in order for the commission to carry out its normal regulatory decision making. Should Parliament be reconvened during summer recess in order to confirm appointments to the commission simply so the commission could continue to operate over the summer?
However, if this amendment passes we would have to be prepared to do that or to tell the industry that it will simply have to wait for its regulatory decisions. This could lead to lapsed licences through no fault of the licensees, requiring companies to suspend operations in order to comply with this act.
As a final comment, members of the commission are appointed for their expertise. It is not the practice of this House to review such appointments. In only rare cases, such as where the person acts as an ombudsman, is this necessary.
These amendments are unnecessary and could impede the efficient operations of the commission. For these reasons they are not acceptable to the government.