AANR Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 30

Thursday, November 8, 2001

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 3:30 p.m. this day, in Room 308, West Block, the Chair, Raymond Bonin, presiding.

Members of the Committee present: Larry Bagnell, Gérard Binet, Raymond Bonin, Serge Cardin, John Finlay, Nancy Karetak-Lindell, Gerald Keddy, Benoît Serré.

Acting Members present: Lynne Yelich for David Chatters, Carlolyn Bennett for John Godfrey, Jocelyne Girard-Bujold for Richard Marceau, Joe Comartin for Pat Martin, Julien Reid for Guy St-Julien, Shawn Murphy for Guy St-Julien, Dominic Leblanc for Guy St-Julien, Murray Calder for Jean-Guy Carignan and Robert Bertrand for Jean-Guy Carignan.

In attendance: From the Library of Parliament: Jean-Luc Bourdages, researcher.

Witnesses: From the Department of Natural Resources Canada: Joanne Kellerman, Legal Counsel, Legal Services; Carmel Létourneau, Senior Policy Advisor, Uranium and Radioactive Waste Division, Energy Resources Branch.

Pursuant to its Order of Reference of Tuesday, October 2, 2001, the Committee resumed consideration of Bill C-27, An Act respecting the long-term management of nuclear fuel waste (See Minutes of Proceedings, Thursday, November 1st, 2001, Meeting No. 27).

The Committee resumed Clause-by-Clause consideration of the Bill.

On Clause 2,

Joe Comartin moved, -- That Bill C-27, in Clause 2, be amended by replacing lines 14 to 16 on page 1 with the following:

"means of storage, including handling, treatment, conditioning or transport for the purpose of storage."

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  4;  NAYS:  7.

Joe Comartin moved, -- That Bill C-27, in Clause 2, be amended by replacing lines 17 to 21 on page 1 with the following:

""Minister" means the Minister of the Environment."

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  4;  NAYS:  7.

Gerald Keddy moved, -- That Bill C-27, in Clause 2, be amended by replacing line 25 on page 1 with the following:

"poration, Atomic Energy of Canada Limited, and any other body that owns"

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  4;  NAYS:  7..

Gerald Keddy moved, -- That Bill C-27, in Clause 2, be amended by replacing line 28 on page 1 and lines 1 to 8 on page 2 with the following:

"commercial nuclear reactor; and
(b) any successor or assignee of a corporation mentioned in paragraph (a)."

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  4;  NAYS:  7..

Gerald Keddy moved, -- That Bill C-27, in Clause 2, be amended by replacing line 11 on page 2 with the following:

"search nuclear fission reactor that is located in Canada."

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  4;  NAYS:  7..

It was agreed, -- That Clause 2 be allowed to stand.

On Clause 7,

Joe Comartin moved, -- That Bill C-27, in Clause 7, be amended

(a) by adding after line 10 on page 3 the following:

"7. (1) The nuclear energy corporations shall establish an implementing agency, being a not-for-profit, federally incorporated corporation, whose purpose is to do the following on a non-profit basis:
(a) fund the waste management organization and its programs, including the Advisory Council

(b) by replacing lines 11 to 20 on page 3 with the following:

and
(b) fund and implement the options selected under section 15 or approved under subsection 20(5).";"(2) The implementing agency
shall offer, without discrimination and at a fee that is reasonable in relation to its costs of managing the nuclear fuel waste of its members or shareholders, to
(a) Atomic Energy of Canada Limited, and
(b) all owners of nuclear fuel waste produced in Canada that are neither members nor shareholders of the implement agency"

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  4;  NAYS:  7..

It was agreed, -- That Clause 7 be allowed to stand.

It was agreed, -- That the Committee revert to Clause 2.

Clause 2 carried.

On Clause 3,

Serge Cardin moved, -- That Bill C-27 be amended by replacing "Governor in Council" with "Parliament",

with such modifications as the circumstances require, in the following provisions:
a) Clause 3
b) Clause 7
c) paragraph 8(2)(c)
d) subclause 10(5)
e) subclause 11(3)
f) Clause 15
g) subclauses 16(2) and (3)
h) subclause 17(2)
i) Clause 18
j) subclauses 20(1), (4) and (5)
k) paragraph 21(a)

After debate, the question being put on the amendment, it was negatived on the following division:

It was agreed, -- That Clause 3 be allowed to stand.

On new Clause ( 6.1 )

Serge Cardin moved, -- That Bill C-27 be amended by adding after line 10 on page 3 the following new clause:

"6.1 (1) The waste management organization shall be under the management of a Board of Directors composed of the following eight members:
(a) two representatives of the nuclear energy corporations;
(b) one representative of the government;
(c) one representative of the aboriginal community;
(d) one representative of a recognized environmental non-governmental organization;
(e) one representative of a scientific and technical discipline related to the management of nuclear fuel waste; and
(f) one expert in matters of nuclear energy in public affairs.
(g) one expert in matters of public security concerning nuclear energy
(2) The representative of the non-governmental organization shall be appointed by the Commissioner of the Environment and Sustainable Development, the aboriginal representative shall be appointed by the Assembly of First Nations, and the six other members shall be appointed by the Governor in Council.
6.2 (1) The Board of Directors shall
(a) ensure that the waste management organization has the staff required to operate efficiently;
(b) propose approaches in accordance with section 12; and
(c) inform the public about the policies of the waste management organization.
(2) The members of the Board of Directors shall hold office for a term of four years, renewable twice, except for the environmental and aboriginal representatives, who shall hold office for a term of five years, renewable once. A maximum of three seats may become vacant on the Board of Directors in any one year."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

It was agreed, -- That the Committee revert to Clause 3.

Serge Cardin moved, -- That Bill C-27, in Clause 3, be amended by replacing line 24 on page 2 with the following:

"to make, on the recommendation of the House of Commons, from the proposals of the waste"

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  4;  NAYS:  8.

Gerald Keddy moved, -- That Bill C-27, in Clause 3, be amended by replacing line 26 on page 2 with the following:

"management of domestic nuclear fuel waste that is"

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  4;  NAYS:  5.

Serge Cardin moved, -- That Bill C-27, in Clause 3, be amended by replacing line 27 on page 2 with the following:

"based on a comprehensive, environmental, integrated, transparent and"

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  4;  NAYS:  7.

Joe Comartin moved, -- That Bill C-27, in Clause 3, be amended by replacing line 28 on page 2 with the following:

"economically sound approach for Canada, with the goal of ensuring isolation of nuclear fuel waste from the environment in perpetuity."

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  5;  NAYS:  8.

Joe Comartin moved, -- That Bill C-27, in Clause 3, be amended by adding after line 28 on page 2 the following:

"(2) National and international security concerns shall take priority in any interim or long-term plan for the storage or disposal of nuclear fuel waste."

After debate, the question being put on the amendment, it was negatived on the following division:

Clause 3 carried on division.

On Clause 6,

Serge Cardin moved, -- That Bill C-27, in Clause 6, be amended by replacing line 40 on page 2 with the following:

"(a)propose to the House of Commons"

After debate, the question being put on the amendment, it was, by a show of hands, negatived:  YEAS:  5;  NAYS:  8.

Joe Comartin moved, -- That Bill C-27, in Clause 6, be amended by replacing lines 1 to 3 on page 3 with the following:

"(b) manage and coordinate all activities relating to the long-term management of nuclear fuel waste."

By unanimous consent, the motion was withdrawn.

Gerald Keddy moved, -- Amend subsection 6(2) so that it will read:

(2) Once the waste management organization has been established, every nuclear energy corporation shall become and remain a member or shareolder of it. The board of directors of the waste management organization shall include at least one member who is nominated by the municipalities within whose areas of jurisdiction are located nuclear reactor sector sites.

After debate, the question being put on the amendment, it was negatived on the following division:

Serge Cardin moved, -- That Bill C-27, in Clause 6, be amended by replacing lines 8 to 10 on page 3 with the following:

"(3) The waste management organization shall be subject to the Acces to Information Act."

After debate, the question being put on the amendment, it was negatived on the following division:

Clause 6 carried on division.

It was agreed, -- That Senior Departmental Officials be invited to appear from 11:00 a.m. to 12:00 a.m. on Thursday, November 22, 2001 regarding Bill C-37.

It was agreed, -- That the Committee resume Clause-by-Clause consideration of the Bill on Tuesday, November 20, 2001 at 11:00 a.m. and, that the Committee decide on that day if a subsequent meeting is required on the afternoon of Wednesday, November 21, 2001.

At 7:03 p.m., on motion of Benoit Serré, the Committee adjourned to the call of the Chair.

Jim Latimer
Clerk of the Committee