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MINUTES OF PROCEEDINGS
 
Meeting No. 6
 
Thursday, December 6, 2007
 

The Standing Committee on Natural Resources met at 8:51 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 and Bradley R. Trost.

 

Acting Members present: Dennis Bevington for Catherine Bell and Hon. Geoff Regan for Alan Tonks.

 

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

 

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

 
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 its clause-by-clause study of the Bill.

 
The Committee resumed consideration of the amendment of Claude DeBellefeuille, — That Bill C-5, in Clause 24, be amended by deleting lines 1 to 8 on page 8.

 

After debate, the question was put on the amendment of Claude DeBellefeuille and it was negatived.

 

Clause 24 carried.

 

Clause 25 carried.

 

After debate, Clause 26 carried.

 

Clause 27 carried.

 

Clause 28 carried.

 

Clause 29 carried.

 

Clause 30 carried.

 

Clause 31 carried.

 

Clause 32 carried.

 

Clause 33 carried.

 

On Clause 34,

Dennis Bevington moved, — That Bill C-5, in Clause 34, be amended by replacing line 16 on page 11 with the following:

“section (1) may not exceed 40 per cent of the”

Debate arose thereon.

 

A point of order was raised regarding the procedural admissibility of the proposed amendment.

 

By unanimous consent, Clause 34 was allowed to stand.

 

Clause 35 carried.

 

Clause 36 carried.

 

On Clause 37,

Dennis Bevington moved, — That Bill C-5, in Clause 37, be amended by replacing line 8 on page 12 with the following:

Canada Gazette and in a newspaper in general circulation in each province and territory of Canada or, if the nuclear incident occurs outside of Canada, in a newspaper in general circulation throughout Canada.”

 

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

 

Clause 37 carried.

 

On Clause 38,

Dennis Bevington moved, — That Bill C-5, in Clause 38, be amended by replacing line 11 on page 12 with the following:

“who shall select from among themselves a person who shall act as the”

 

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

 

Clause 38 carried.

 

Clause 39 carried.

 

Clause 40 carried.

 

Clause 41 carried.

 

Clause 42 carried.

 

Clause 43 carried.

 

On Clause 44,

Dennis Bevington moved, — That Bill C-5, in Clause 44, be amended by replacing lines 6 to 8 on page 13 with the following:

44. The Tribunal shall, at the times and locations that it considers appropriate, hold its hearings in public unless, at the request of a claimant, the Tribunal is of the opinion that the claimant's privacy interest outweighs the principle that hearings be open to the public, and in that case the Tribunal shall hold a hearing in private and disclose the reasons why the hearing cannot be held in public and the items discussed at that hearing. No decisions may be made while the hearing is being held in private.”

 

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

 

Clause 44 carried.

 

Clause 45 carried.

 

Clause 46 carried.

 

On Clause 47,

Dennis Bevington moved, — That Bill C-5, in Clause 47, be amended by replacing line 29 on page 13 with the following:

47. The Tribunal may not refuse to hear any”

 

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

 

Clause 47 carried.

 

On Clause 48,

Dennis Bevington moved, — That Bill C-5, in Clause 48, be amended by replacing lines 32 and 33 on page 13 with the following:

48. The Tribunal shall submit to the Minister a report on its”

 

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

 

Clause 48 carried.

 

Clause 49 carried.

 

Clause 50 carried.

 

Clause 51 carried.

 

On Clause 52,

Dennis Bevington moved, — That Bill C-5, in Clause 52, be amended by adding after line 31 on page 14 the following:

“(2) If a panel holds a hearing in private, the panel shall disclose the reasons why the hearing cannot be held in public and the items discussed at that hearing. No decisions may be made while a hearing is being held in private.”

 

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

 

Clause 52 carried.

 

Clause 53 carried.

 

Clause 54 carried.

 

Clause 55 carried.

 

On Clause 56,

Dennis Bevington moved, — That Bill C-5, in Clause 56, be amended by replacing lines 30 and 31 on page 15 with the following:

“parties. The panel hearing the appeal may, if in its opinion it is”

 

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

 

Clause 56 carried.

 

Clause 57 carried.

 

Clause 58 carried.

 

Clause 59 carried.

 

Clause 60 carried.

 

Clause 61 carried.

 

Clause 62 carried.

 

Clause 63 carried.

 

Clause 64 carried.

 

On Clause 65,

Dennis Bevington moved, — That Bill C-5, in Clause 65, be amended by replacing line 34 on page 18 with the following:

“$1,000,000 for each day on which the offence is”

 

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

 

After debate, Clause 65 carried.

 

Clause 66 carried.

 

Clause 67 carried.

 

Clause 68 carried.

 

On new Clause 68.1,

Claude DeBellefeuille moved, — That Bill C-5 be amended by adding after line 3 on page 20 the following new clause:

“68.1 (1) The Governor in Council may not make a regulation under section 66, 67 or 68 unless the Minister has first laid the proposed regulation before the House of Commons.

(2) A proposed regulation that is laid before the House of Commons is deemed to be automatically referred to the appropriate committee of the House, as determined by the rules of the House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to the House.

(3) The Governor in Council may make a regulation under section 66, 67 or 68 only if

(a) the House of Commons has not concurred in any report from a committee respecting the proposed regulation within the thirty sitting days following the day on which the proposed regulation was laid before the House, in which case the regulation may only be made in the form laid; or

(b) the House of Commons has concurred in a report from a committee approving the proposed regulation or an amended version of it, in which case regulation may only be made in the form concurred in.

(4) For the purposes of this section, "sitting day" means a day on which the House of Commons sits.”

 

After debate, the question was put on the amendment of Claude DeBellefeuille and it was negatived.

 

Clause 69 carried.

 

Clause 70 carried.

 

Clause 71 carried.

 

Clause 72 carried.

 

Clause 73 carried.

 

Clause 74 carried.

 
The Committee proceeded to the consideration of matters related to Committee business.
 

Dennis Bevington moved, — With the Government’s indication it is about to sign the Global Nuclear Energy Partnership, and with the Minister of Natural Resources’ comments in front of the committee on November 22, 2007, that “once the government has made a decision then I would be quite happy to come back to committee,” that the Standing Committee on Natural Resources request that the Minister appear at the next meeting of the committee on December 6, 2007 in order to discuss Canada’s participation with the Global Nuclear Energy Partnership.

Debate arose thereon.

 

After debate, by unanimous consent, the motion was withdrawn.

 

At 11:03 a.m., the Committee adjourned to the call of the Chair.

 



Chad Mariage
Clerk of the Committee

 
 
2008/01/09 10:17 a.m.