MINUTES OF PROCEEDINGS
TUESDAY, SEPTEMBER 24, 1996
(Meeting No. 22)
(Meeting No. 22)
[Text]
The Standing Committee on Natural Resources met at 11:30 o'clock a.m. this day, in Room 208, West Block, for the purpose of electing a Chair.
Members of the Committee present: Réginald Bélair, René Canuel, Dave Chatters, Marlene Cowling, Bernard Deshaies, Monique Guay, Bonnie Hickey, Julian Reed, Bob Ringma, Benoît Serré, Darrel Stinson, Peter Thalheimer and Bob Wood.
Other Members present: Don Boudria and Madeleine Dalphond-Guiral.
In attendance: From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
The Clerk of the Committee presided over the election of a Chair.
On motion of Julian Reed, it was agreed,--That Andy Mitchell take the Chair of the Committee as Chairman.
The Chairman took the Chair.
On motion of Marlene Cowling, it was agreed,--That Peter Thalheimer be elected Vice-Chairman of the Committee.
Monique Guay moved,--That René Canuel be elected Vice-Chairman of the Committee.
The question being put on the motion, it was agreed to, on the following division:
YEAS
Réginald Bélair
Julian Reed
René Canuel
Benoît Serré
Marlene Cowling
Peter Thalheimer
Bernard Deshaies
Bob Wood--(9)
Monique Guay
NAYS
Dave Chatters
Bob Ringma--(2)
It was agreed,--That the budget submission of $25,000 for additional operating funds for the fiscal year of April 1, 1996 to March 31, 1997 be adopted.
It was agreed,--That, pursuant to Standing Order 108(2) concerning rural economic development, the Committee travel to Western Canada during the week of October 27 to November 1, 1996 and to Eastern Canada during the week of November 3 to 9, 1996 and that the budget, totalling $133,321.00, be adopted.
At 12:40 o'clock p.m., the Committee adjourned to the call of the Chair.
WEDNESDAY, SEPTEMBER 25, 1996
(Meeting No. 23)
(Meeting No. 23)
The Standing Committee on Natural Resources met at 3:43 o'clock p.m. this day, in Room 308, West Block, the Chairman, Andy Mitchell, presiding.
Members of the Committee present: Réginald Bélair, René Canuel, Dave Chatters, Marlene Cowling, Bernard Deshaies, Julian Reed, Bob Ringma, Benoît Serré, Peter Thalheimer and Bob Wood.
In attendance: From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
Appearing: The Honourable Anne McLellan, Minister of Natural Resources.
Witnesses: From Atomic Energy Control Board: Agnes J. Bishop, President; John J. McManus, Special Adviser to the Director of the Secretariat. From the Department of Natural Resources: Bob Morrison, Director General, Uranium and Nuclear Energy Branch.
The Order of Reference dated Wednesday, June 12, 1996, being read as follows:
ORDERED,--That Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts be now read a second time and referred to the Standing Committee on Natural Resources.
The Minister made an opening statement and, with the other witnesses answered questions.
At 5:07 o'clock p.m., the Committee adjourned to the call of the Chair.
THURSDAY, SEPTEMBER 26, 1996
(Meeting No. 24)
(Meeting No. 24)
The Standing Committee on Natural Resources met at 11:07 o'clock a.m. this day, in Room 209, West Block, the Vice-Chairman, Peter Thalheimer, presiding.
Members of the Committee present: Réginald Bélair, Marlene Cowling, Bernard Deshaies, Julian Reed, Bob Ringma, Benoît Serré and Peter Thalheimer.
In attendance: From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
Witnesses: From Atomic Energy Control Board: Agnes J. Bishop, President; John J. McManus, Special Adviser to the Director of the Secretariat. From Atomic Energy of Canada Limited: William Hancox, Vice-President, Strategic Development; David Torgerson, Vice-President, Research and Product Development.
The Committee resumed consideration of Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts.
Agnes J. Bishop and William Hancox made opening statements and, with the other witnesses, answered questions.
At 12:27 o'clock p.m., the Committee adjourned to the call of the Chair.
TUESDAY, OCTOBER 1, 1996
(Meeting No. 25)
(Meeting No. 25)
The Standing Committee on Natural Resources met at 11:07 o'clock a.m. this day, in Room 371, West Block, the Chairman, Andy Mitchell, presiding.
Members of the Committee present: René Canuel, Marlene Cowling, David Iftody, Julian Reed, Bob Ringma, Benoît Serré, Peter Thalheimer and Bob Wood.
In attendance: From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
Witnesses: From the Canadian Nuclear Association: Murray Stewart, President; Collin Hunt, Director of Publications. From Cameco Corporation: Stan Frost, Vice-President, Environment and Safety; Harold MacKay, Q.C.
The Committee resumed consideration of Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts (See Minutes of Proceedings dated Wednesday, September 25, 1996, Issue No. 3).
Murray Stewart and Stan Frost made opening statements and, with the other witnesses, answered questions.
At 12:19 o'clock p.m., the Committee adjourned to the call of the Chair.
WEDNESDAY, OCTOBER 2, 1996
(Meeting No. 26)
(Meeting No. 26)
The Standing Committee on Natural Resources met at 4:30 o'clock p.m. this day, in Room 701, La Promenade, the Chairman, Andy Mitchell, presiding.
Members of the Committee present: René Canuel, Marlene Cowling, Julian Reed, Bob Ringma and Peter Thalheimer.
In attendance: From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
Witnesses: From Ontario Hydro: Ron Field, General Manager, Nuclear; Ian Motherwell, Assistant General Counsel, Law Division. From Quebec Hydro: Roger Émard, Director, Nuclear; Gilles Marchand, Chief Counsel, Legal Department. From New Brunswick Hydro: Rex Johnson, General Manager, Nuclear.
The Committee resumed consideration of Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts (See Minutes of Proceedings dated Wednesday, September 25, 1996, Issue No. 3).
The witnesses made opening statements and answered questions.
At 5:39 o'clock p.m., the Committee adjourned to the call of the Chair.
THURSDAY, OCTOBER 3, 1996
(Meeting No. 27)
(Meeting No. 27)
The Standing Committee on Natural Resources met at 11:18 o'clock a.m. this day, in Room 371, West Block, the Vice-Chairman, Peter Thalheimer, presiding.
Members of the Committee present: Réginald Bélair, Bernard Deshaies, Julian Reed, Bob Ringma and Peter Thalheimer.
In attendance: From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
Witnesses: From Atomic Energy of Canada Limited Research and Development Advisory Panel to the Board of Directors: Daniel Rozon, Chairman; A. Driedger, Vice-President; Jon H.F. Jennekens, Member.
The Committee resumed consideration of Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts (See Minutes of Proceedings, dated Wednesday, September 25, 1996, Issue No. 3).
Daniel Rozon made an opening statement and, with the other witnesses, answered questions.
At 12:31 o'clock p.m., the Committee adjourned to the call of the Chair.
TUESDAY, OCTOBER 8, 1996
(Meeting No. 28)
(Meeting No. 28)
The Standing Committee on Natural Resources met at 11:15 o'clock a.m. this day, in Room 371, West Block, the Chairman, Andy Mitchell, presiding.
Members of the Committee present: Réginald Bélair, René Canuel, Dave Chatters, Marlene Cowling, Julian Reed, Bob Ringma, Roseanne Skoke and Bob Wood.
In attendance: From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
Witnesses: From the Canadian Coalition for Nuclear Responsibility: Gordon Edwards, President. From Campaign for Nuclear Phaseout: Kristen Ostling. From Nuclear Awareness Project: Irene Kock; Douglas Chapman, Staff Lawyer. From the Canadian Nuclear Society: Hong M. Huynh, President; Ken Smith, Treasurer; Fred Boyd, Member.
The Committee resumed consideration of Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts (See Minutes of Proceedings, dated September 25, 1996, Issue No. 3).
The witnesses made opening statements and answered questions.
At 1:25 o'clock p.m., the Committee adjourned to the call of the Chair.
WEDNESDAY, OCTOBER 9, 1996
(Meeting No. 29)
(Meeting No. 29)
The Standing Committee on Natural Resources met at 3:44 o'clock p.m. this day, in Room 701, La Promenade, the Chairman, Andy Mitchell, presiding.
Members of the Committee present: Réginald Bélair, Dave Chatters, Marlene Cowling, Bernard Deshaies and Bob Ringma.
Acting Member present: Lawrence O'Brien for Roseanne Skoke.
In attendance: From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
Witnesses: From the Ontario Ministry of the Attorney General and Correctional Services: Jim Ellard, Coordinator, Emergency Measures Ontario. From the Ontario Ministry of Consumer and Corporate Relations: John Walter, Assistant Deputy Minister. From Bruce-Grey-Owen Sound Health Unit (Owen Sound, Ontario): Murray McQuigge, Medical Officer of Health.
The Committee resumed consideration of Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts (See Minutes of Proceedings dated Wednesday, September 25, 1996, Issue No. 3).
The witnesses made opening statements and answered questions.
At 4:50 o'clock p.m., the Committee adjourned to the call of the Chair.
Roger Préfontaine
Clerk of the Committee
THURSDAY, OCTOBER 10, 1996
(Meeting No. 30)
(Meeting No. 30)
The Standing Committee on Natural Resources met at 11:02 o'clock a.m. this day, in Room 237-C, Centre Block, the Chairman, Andy Mitchell, presiding.
Members of the Committee present: Dave Chatters, Marlene Cowling, Bernard Deshaies, David Iftody, Julian Reed and Peter Thalheimer.
Acting Members present: Raymond Bonin for Réginald Bélair; Rex Crawford for Roseanne Skoke; Lawrence O'Brien for Bob Wood.
Other Member present: John Solomon.
In attendance: From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
Witnesses: From the Canadian Labour Congress: Chris Dassios Legal Counsel, Power Workers' Union. From the Citizens Organized for Responsible Process: Arleen Reinsborough, Spokesperson; Dan Silvester, Researcher. From Energy Probe Research Foundation: Normand Rubin, Director, Nuclear Research.
The Committee resumed consideration of Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts (See Minutes of Proceedings dated Wednesday, September 25, 1996, Issue No. 3).
Chris Dassios made opening remarks and answered questions. Arleen Reinsborough and Dan Silvester made opening remarks and answered questions.
Normand Rubin made opening remarks and answered questions.
At 12:46 o'clock p.m., the Committee adjourned to the call of the Chair.
Paulette Nadeau
Acting Clerk of the Committee
TUESDAY, OCTOBER 22, 1996
(Meeting No. 31)
(Meeting No. 31)
The Standing Committee on Natural Resources met at 11:10 o'clock a.m. this day, in Room 371, West Block, the Chairman, Andy Mitchell, presiding.
Members of the Committee present: Réginald Bélair, René Canuel, Marlene Cowling, Bernard Deshaies, David Iftody, Julian Reed, Bob Ringma, Benoît Serré, Peter Thalheimer and Bob Wood.
In attendance: From the Committees and Parliamentary Associations Directorate: Paulette Nadeau, Legislative Clerk. From the Research Branch of the Library of Parliament: Peter Berg and Jean-Luc Bourdages, Research Officers.
Witnesses: From the Department of Justice: Audrey Nowack, Legal Services Unit at the Atomic Energy Control Board. From Atomic Energy Control Board: John McManus.
The Order of Reference dated Wednesday, June 12, 1996 being read as follows:
The Committee resumed consideration of Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts.
The witnesses answered questions.
Pursuant to Standing Order 75(1) consideration of Clause 1 was postponed.
Clause 2 carried.
On Clause 3
Marlene Cowling moved,--That Clause 3 be amended in the English version only, by striking out lines 4 to 12, at page 4, and substituting the following therefor:
"(a) the limitation, to a reasonable level and in a manner that is consistent with Canada's international obligations, of the risks to national security, the health and safety of persons and the environment that are associated with the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information; and"
After debate thereon, Bernard Deshaies moved,--That the amendment be further amended
(a) by striking out the words "in the English version only", and
(b) by striking out the word "reasonable" and substituting the following therefor:
"minimal"
After debate thereon, by unanimous consent, the sub-amendment, the amendment and Clause 3 were allowed to stand.
Clauses 4 to 8 inclusive carried severally.
On Clause 9
Bob Ringma moved,--That Clause 9 be amended by striking out line 29, at page 5, and substituting the following therefor:
"(b) to disseminate objective scientific, technical and''
After debate thereon, the question being put on the amendment, it was agreed to.
Marlene Cowling moved that Clause 9 be amended, in the English version only, by striking out line 30, at page 5, and substituting the following therefor:
"regulatory information to the public concerning the ac-"
After debate thereon, the question being put on the amendment, it was agreed to.
Clause 9, as amended, carried.
Clauses 10 to 19 inclusive carried severally.
On Clause 20
Marlene Cowling moved,--That Clause 20 be amended by striking out line 28, at page 10, and substituting the following therefor:
"tions of fairness permit, but, in any case, within the prescribed period of time."
After debate thereon, the question being put on the amendment, it was agreed to.
Clause 20, as amended, carried.
On Clause 21
Bob Ringma moved,--That Clause 21 be amended by striking out line 6, at page 12, and substituting the following therefor:
"(e) disseminate objective scientific, technical and "
After debate thereon, the question being put on the amendment, it was agreed to.
Clause 21, as amended, carried.
Clauses 22 and 23 carried severally.
On Clause 24
Marlene Cowling moved,--That Clause 24 be amended by striking out lines 1 to 4, at page 15, and substituting the following therefor:
"(7) The Commission shall grant to any person who provided a financial guarantee under subsection (5) a refund of any of the proceeds of the guarantee that have not been spent and may"
After debate thereon, the question being put on the amendment, it was agreed to.
Clause 24, as amended, carried.
Clauses 25 and 26 inclusive carried severally.
After debate thereon, Clause 27 carried.
Clauses 28 and 29 carried severally.
After debate thereon, Clause 30 carried.
Clause 31 carried.
On Clause 32
Marlene Cowling moved,--That Clause 32 be amended in the English version only,
(a) By striking out lines 13 and 14, at page 18, and substituting the following therefor:
"32. The measures that an inspector may take, in exercising authority under this Act, include";
(b) By striking out lines 32 to 38, at page 18, and substituting the following therefor:
"(g) examining any records that are required to be kept or reports that are required to be made under this Act, or any books, records, electronic data or other documents that the inspector believes on reasonable grounds relate to such records or reports; or"
After debate thereon, the question being put on the amendment, it was agreed to.
Clause 32, as amended, carried.
Clauses 33 to 39 inclusive carried severally.
On Clause 40
Marlene Cowling moved,--That Clause 40 be amended by adding immediately after line 10, at page 24, the following:
"(5) The Commission shall, subject to any bylaws made under section 15 and any regulations made under section 44, hold a public hearing with respect to
(a) the proposed exercise by the Commission, or by a panel established under section 22, of the power under subsection 24(2) to issue, renew, suspend, amend, revoke or replace a licence; and
(b) any other matter within its jurisdiction under this Act, if the Commission is satisfied that it would be in the public interest to do so.
(6) Subsection (5) does not apply in respect of any matter in relation to which subsection 14(2) applies."
After debate thereon, the question being put on the amendment, it was agreed to.
Clause 40, as amended, carried.
Clauses 41 to 43 inclusive carried severally.
On Clause 44
Marlene Cowling moved,--That Clause 44 be amended by striking out line 14, at page 29, and substituting the following therefor:
"(o) establishing requirements to be complied"
The question being put on the amendment, it was agreed to.
Marlene Cowling moved,--That Clause 44 be amended
(a) by striking out lines 13 and 14, at page 31, and substituting the following therefor:
"incorporating an Act or instrument shall, with the consent of the ap-"
(b) by striking out lines 20 and 21, at page 31, and substituting the following therefor:
"incorporating an Act or instrument shall, with the consent of the appro-"
The question being put on the amendment, it was agreed to.
Clause 44, as amended, carried.
Clause 45 carried.
On Clause 46
Marlene Cowling moved,--That Clause 46 be amended
(a) by striking out line 12, at page 32, and substituting the following therefor:
"the Commission may conduct a public hearing in"
(b) by striking out line 38, at page 32, and substituting the following therefor:
"shall conduct a public hearing in accordance with the"
The question being put on the amendment, it was agreed to.
Marlene Cowling moved,--That Clause 46 be amended, in the English version only, by striking out line 39, at page 32, and substituting the following therefor:
"prescribed rules of procedure to determine whether"
The question being put on the amendement, it was agreed to.
Clause 46, as amended, carried.
Clauses 47 and 48 carried severally.
On Clause 49
Marlene Cowling moved,--That Clause 49 be amended by striking out lines 26 to 33, at page 34, and substituting the following therefor:
49. (1) Notwithstanding the occurrence of a legal strike or lockout, every person commits an offence who
(a) while in charge of a nuclear facility, fails to ensure that there is present in that facility at all times the staff required, under the licence for that facility, to maintain that facility in a safe condition; or
(b) does not report for duty at a nuclear facility or who, while on duty at a nuclear facility, withdraws their services, except where the person is not required to report or is relieved in accordance with a procedure set out in the licence for that facility."
The question being put on the amendment, it was agreed to.
Clause 49, as amended, carried.
By unanimous consent, Clauses 50 to 78 carried.
On Clause 79
Marlene Cowling moved,--That Clause 79 be amended in the English version only, by striking out line 38, at page 43, and substituting the following therefor:
"employee of the Board, to have been em-"
The question being put on the amendment, it was agreed to.
Clause 79, as amended, carried.
By unanimous consent, Clauses 80 to 124 carried.
On Clause 125
Marlene Cowling moved,--That Clause 125 be amended in the English version only, by striking out lines 17 and 18, at page 54, and substituting the following therefor:
"ter after consultation with the Canadian Nuclear Safety Commission, the Governor in Council"
The question being put on the amendment, it was agreed to.
Clause 125, as amended, carried.
Clauses 126 and 127 carried severally.
The Committee reverted to the consideration of Clause 3, the amendment of Marlene Cowling,--That Clause 3 be amended in the English version only, by striking out lines 4 to 12, at page 4, and substituting the following therefor:
"(a) the limitation, to a reasonable level and in a manner that is consistent with Canada's international obligations, of the risks to national security, the health and safety of persons and the environment that are associated with the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information; and"
and the sub-amendment of Bernard Deshaies,--That the amendment be further amended
a) by striking out the words "in the English version only", and
b) by striking out the word "reasonable" and substituting the following therefor:
"minimal"
After further debate, the question being put on the sub-amendment, it was negatived.
The question being put on the amendment, it was agreed to on division.
Clause 3, as amended, carried on division.
Clause 1 carried.
The Preamble carried.
The Title carried.
The Bill, as amended, carried.
It was agreed,--That Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts, be reprinted as a working copy for the use of the House of Commons at Report Stage.
It was agreed,--That the Chairman report the Bill as amended to the House.
At 12:29 o'clock p.m., the Committee adjourned to the call of the Chair.
Roger Préfontaine
Clerk of the Committee