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MINUTES OF PROCEEDINGS
 
Meeting No. 5
 
Tuesday, December 4, 2007
 

The Standing Committee on Natural Resources met at 9:04 a.m. this day, in Room 371, West Block, the Chair, Leon Benoit, presiding.

 

Members of the Committee present: Omar Alghabra, Mike Allen, David Anderson, Leon Benoit, Ken Boshcoff, Claude DeBellefeuille, Richard Harris, Christian Ouellet, Lloyd St. Amand, Alan Tonks and Bradley R. Trost.

 

Acting Members present: Dennis Bevington for Catherine Bell.

 

In attendance: Library of Parliament: Jean-Luc Bourdages, Analyst; Robert Dufresne, Analyst. House of Commons: Joann Garbig, Legislative Clerk.

 

Witnesses: Department of Justice: Brenda MacKenzie, Senior Counsel, Environment Canada. Department of Natural Resources: Dave McCauley, Acting Director, Uranium and Radioactive Waste Division; Mr. Jacques Hénault, Analyst, Nuclear Liability and Emergency Preparedness.

 
Pursuant to the Order of Reference of Tuesday October 30, 2007, the Committee resumed consideration of Bill C-5, An Act respecting civil liability and compensation for damage in case of a nuclear incident "Nuclear Liability and Compensation Act".
 

The Committee resumed clause-by-clause consideration on Clause 8 of the Bill.

 

Clause 8 carried.

 

Clause 9 carried.

 

Clause 10 carried.

 

Clause 11 carried.

 

After debate, Clause 12 carried.

 

Clause 13 carried.

 

On Clause 14,

Dennis Bevington moved, — That Bill C-5, in Clause 14, be amended by replacing line 19 on page 5 with the following:

“person shall be compensated if it results from”

 

After debate, the question was put on the amendment of Dennis Bevington and it was negatived.

 

Clause 14 carried.

 

Clause 15 carried.

 

Clause 16 carried.

 

On Clause 17,

Dennis Bevington moved, — That Bill C-5, in Clause 17, be amended by replacing lines 9 to 11 on page 6 with the following:

“compensated.”

 

After debate, the question was put on the amendment of Dennis Bevington and it was negatived.

 

Clause 17 carried.

 

Clause 18 carried.

 

Clause 19 carried.

 

Clause 20 carried.

 

On Clause 21,

Dennis Bevington moved, — That Bill C-5, in Clause 21, be amended by adding after line 39 on page 6 the following:

“(1.1) If an operator fails to prove that a nuclear incident was not caused by the operator's negligence, the liability limit referred to in subsection (1) is increased to three times that amount.”

 

RULING BY THE CHAIR

Bill C-5 limits the financial liability of a nuclear installation operator to $650 million. The amendment proposes to increase this threefold in cases where an operator fails to prove that a nuclear incident was not caused by operator negligence.

The rule against offending the financial initiative of the Crown applies; and here I note that the bill is accompanied by a Royal Recommendation, which provides for the appropriation of public revenue “under the circumstances, in the manner and for the purposes” set out in the bill.

This is expressed in Marleau & Montpetit on page 655: “An amendment is therefore inadmissible if it imposes a charge on the Public Treasury, or if it exceeds the objects or purposes or relaxes the conditions and qualifications as expressed in the Royal Recommendation.”

It is clear that in proposing to introduce an additional financial liability limit, the amendment is altering the terms and conditions of the Royal Recommendation. Therefore I find that the amendment infringes on the financial initiative of the Crown and on that basis I must rule it inadmissible.

 

After debate, Clause 21 carried.

 

On Clause 22,

Dennis Bevington moved, — That Bill C-5, in Clause 22, be amended by replacing lines 9 and 10 on page 7 with the following:

“liability, referred to in subsection 21(1), every five years.”

 

After debate, the question was put on the amendment of Dennis Bevington and it was negatived.

 

Clause 22 carried.

 

On Clause 23,

Dennis Bevington moved, — That Bill C-5, in Clause 23, be amended by replacing line 23 on page 7 with the following:

“contains nuclear material, or for each reactor if in the case of a nuclear installation that generates electricity, financial security in”

 

After debate, the question was put on the amendment of Dennis Bevington and it was negatived.

 

Clause 23 carried.

 

On Clause 24,

 

It was agreed, — That the Committee consider amendment BQ-3 before amendment BQ-2.

 
Claude DeBellefeuille moved, — That Bill C-5, in Clause 24, be amended by deleting lines 1 to 8 on page 8.

Debate arose thereon.

 

At 11:00 a.m., the Committee adjourned to the call of the Chair.

 



Chad Mariage
Clerk of the Committee

 
 
2008/01/09 10:12 a.m.