AANR Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 31
Tuesday, November 20, 2001
The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 11:15 a.m. this day, in Room 371, West Block, the Chair, Raymond Bonin, presiding.
Members of the Committee present: Larry Bagnell, Gérard Binet, Raymond Bonin, Serge Cardin, David Chatters, John Finlay, John Godfrey, Nancy Karetak-Lindell, Gerald Keddy, Benoît Serré, Maurice Vellacott.
Acting Members present: Janko Peric for Jean-Guy Carignan; David Price for Guy St-Julien; Joe Comartin for Pat Martin.
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 Resource 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.
By unanimous consent, the Committee reverted to Clause 7.
Gerald Keddy moved, --
That Bill C-27, in Clause 7, be amended by replacing line 13 on page 3 with the following:
"set by the organization that is reasonable in relation to its costs of"
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS: 3; NAYS: 8
Serge Cardin moved, --
That Bill C-27, in Clause 7, be amended by replacing lines 18 to 20 on page 3 with the following:
“duced in Canada”
After debate, by unanimous consent, it was agreed, - That the amendment be withdrawn.
Serge Cardin moved, -- That Bill C-27, in Clause 7, be amended by replacing line 23 on page 3 with the following:
“nor in Council selects, on the recommendation of the House of Commons, under section 15 or ap-“
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS: 7:
Gerald Keddy moved, - That Bill C-27, in Clause 7, be amended by adding after line 24 on page 3 the following:
“(2) The waste management organization shall set the fee referred to in subsection (1) by means of a vote of its members, with each member having one vote.”
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS: 3; NAYS: 7.
After debate, Clause 7 carried on division.
On Clause 8,
David Chatters moved, -- That Bill C-27, in Clause 8, be amended by replacing lines 35 to 37 on page 3 with the following:
"shall be appointed by the Nuclear Fuel Waste Management and Disposal Concept Environmental Assessment Panel. The Panel shall make all reasonable"
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 8, be amended by replacing lines 37 and 38 on page 3 with the following:
"governing body shall ensure that the Advisory Council's"
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS: 4; NAYS: 5.
Benoit Serré moved, - That Bill C-27, in Clause 8, be amended by replacing line 2 on page 4 with the following:
“(b.1) reflects expertise in traditional aboriginal knowledge; and”
After debate, the question being put on the amendment, it was, by a show of hands, agreed to: YEAS:7; NAYS: 4.
Joe Comartin moved, --
That Bill C-27, in Clause 8, be amended by replacing lines 3 to 5 on page 4 with the following:
"(c) is representative of a broad range of interested parties, including non-governmental organizations and local and regional governments and Aboriginal organizations that are affected because”
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS: 4; NAYS:6.
Joe Comartin moved, --
That Bill C-27, in Clause 8, be amended by adding after line 9 on page 4 the following:
"(3) The waste management organization shall provide funding to the Advisory Council that is sufficient to enable the Council to operate effectively, including providing adequate resources to engage the necessary expert and administrative support and to pay the appropriate expenses and per diems of Council members.
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 be amended by adding after line 9 on page 4 the following new clause:
“8.1 The waste management organization shall
(a) initiate an aboriginal participation program;
(b) conduct a public review of the Canadian Nuclear Safety Commission regulatory documents which govern nuclear fuel waste management; and
(c) develop a comprehensive public participation plan and an ethical and social assessment framework.”
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS:6.
After debate, Clause 8, as amended, carried on division.
On Clause 9,
Joe Comartin moved, - That Bill C-27, in Clause 9, be amended by adding after line 28 on page 4 the following:
“(3) The Auditor General shall conduct an annual review of the management of every trust fund maintained in accordance with subsection (1).”
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:4; NAYS:7.
Serge Cardin moved, --
That Bill C-27, in Clause 9, be amended by adding after line 28 on page 4 the following:
"(3) The accumulating income of a trust fund referred to in this section shall be exempt from taxation under the Income Tax Act."
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS: 6.
Serge Cardin moved, -- That Bill C-27, in Clause 9, be amended by adding
after line 28 on page 4 the following:
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS: 6.
Joe Comartin moved, --
That Bill C-27, in Clause 9, be amended by adding after line 28 on page 4 the following:
"(3) A trust fund referred to in this section shall have as its objects
(a) the funding of the waste management organization, the Advisory Council and the implementing agency; and
(b) the implementation of the approach selected under section 15 or approved under subsection 20(5), with the objective of avoiding or minimizing any significant socio-economic effects on a community's way of life or on its social, cultural or economic aspirations.
(4) The trustees of a trust fund shall consist of three persons: a designate of the nuclear energy corporations, a designate of the waste management organization and a designate appointed by the Minister."
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS:6.
After debate, Clause 9 carried on division.
Clause 10 carried on division.
On Clause 11,
Gerald Keddy moved, - That Bill C-27, in Clause 11, be amended by replacing lines 31 to 38 on page 5 with the following:
“(2) The waste management organization may make withdrawals only for the purpose of implementing the approach that the Governor in Council selects under section 15 or approves under subsection 20(3), including avoiding or minimizing significant socio-economic effects on a municipality’s or a commmunity’s way of life or on its social. Cultural or economic aspirations and making payment of amounts due to a municipality pursuant to an agreement between the waste management organization and the municipality.”
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:4; NAYS: 6.
Joe Comartin moved, -- That Bill C-27, in Clause 11, be amended by replacing line 36 on page 5 with the following:
"the funding of programs aimed at achieving the purpose set out in subsection 6(1), the appropriate transfer of funds to the implementing agency and avoiding or minimizing socio-eco-"
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS: 7.
After debate, Clause 11 carried on division.
On Clause 12,
Joe Comartin moved, -- That Bill C-27, in Clause 12, be amended by replacing
lines 8 and 9 on page 6 with the following:
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:2; NAYS: 7.
Serge Cardin moved, - That Bill C-27, in Clause 12, be amended by replacing line 8 on page 6 with the following:
“12. (1) Within four years after the coming”
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS: 6.
Joe Comartin moved, --
That Bill C-27, in Clause 12, be amended by replacing line 31 on page 6 with the following:
"(b) storage at nuclear reactor sites that would ensure the maximum material physical security of the waste, including improved methods for the perpetual care and monitoring of radioactive waste at those sites;"
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:4; NAYS: 5.
Joe Comartin moved, --
That Bill C-27, in Clause 12, be amended by adding after line 33 on page 6 the following:
(d) a method that encompasses the principle of hazardous waste management known as "reduction at source" and that includes a timetable established by the waste management organization for the phasing out of the production of nuclear fuel waste.
"(e) a method that the waste management organization has identified as safe and effective for the management of nuclear fuel waste; and
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS: 8.
Serge Cardin moved, - That Bill C-27, in Clause 12, be amended by replacing line 1 on page 7 with the following:
“implemented, as well as ethical, social, environmental, and”
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 12, be amended be replacing lines 14 to 19 on page 7 with the following:
“(c) the means that the waste management organization plans to use to avoid or minimize significant socio-economic effects on a municipality’s, or a community’s way of life or on its social, cultural or economic aspirations including where the nuclear reactor site is located in a municipality, the terms and conditions of a proposed community impact agreement between the waste management organization and the municipality to avoid or minimize significant socio-economic effects and to provide for the payment of a host community fee to the municipality;”
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS: 7.
Joe Comartin moved, --
That Bill C-27, in Clause 12, be amended by replacing lines 22 and 23 on page 7 with the following:
"shall consult the general public in accordance with the public participation program, and in particular aboriginal peoples in accordance with the aboriginal participation program, on each of the"
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:3; NAYS: 7.
It was agreed, - That Clause 12 be allowed to stand.
The Chair called Clause 13.
Clause 13 carried on division.
On Clause 14,
Gerald Keddy moved, -- That Bill C-27, in Clause 14, be amended by replacing
line 18 on page 8 with the following:
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:4; NAYS: 7.
Serge Cardin moved, - That Bill C-27, in Clause 14, be amended by replacing line 21 on page 8 with the following:
“considers”
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:4; NAYS: 6.
Joe Comartin moved, --
That Bill C-27, in Clause 14, be amended by replacing lines 18 to 21 on page 8 with the following:
"14. (1) The Minister shall take all steps necessary to ensure that the public has been fairly and effectively consulted so as to establish whether or not the proposed option has broad public acceptance."
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:4; NAYS: 5.
After debate, Clause 14, carried on division.
On Clause 15,
Serge Cardin moved, --
That Bill C-27, in Clause 15, be amended by replacing line 30 on page 8 with the following:
"recommendation of the House of Commons, shall select"
After debate, the question being put on the amendment, it was, by a show of hands, negatived: YEAS:4; NAYS: 5.
Clause 15, carried on division.
Clause 17 carried on division.
Clauses 23 and 24 inclusively carried on division.
Clauses 26 to 30 carried inclusively.
Clause 32 carried on division.
By unanimous consent, the Committee reverted to Clause 24.
By unanimous consent, it was agreed, - That Clause 24 be allowed to stand.
At 1:48 p.m., the Committee adjourned to the call of the Chair.
Jim Latimer
Clerk(s) of the Committee