44th Parliament223Government response tabledMarch 18, 2024e-4676e-4676 (Natural resources and energy)OleHendricksonSophieChatelPontiacLiberalQCDecember 11, 2023, at 2:07 p.m. (EDT)January 10, 2024, at 2:07 p.m. (EDT)January 29, 2024March 18, 2024January 12, 2024Petition to the <Addressee type="3" affiliationId="" mp-riding-display="1">Government of Canada</Addressee>Whereas:Canadian Nuclear Laboratories (CNL), a former Atomic Energy of Canada Limited (AECL) subsidiary, has initiated Canada’s first-ever major projects for permanent disposal of radioactive waste from nuclear reactors;These projects involve the Government of Canada’s "legacy" waste: in-situ disposal of two shut-down AECL reactors, and a precedent-setting Near Surface Disposal Facility at AECL’s Chalk River Laboratories in Ontario;Project approvals could violate Article 29(2) of the United Nations Declaration on the Rights of Indigenous Peoples: “no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.”;At Canadian Nuclear Safety Commission (CNSC) hearings, radioactive waste management experts have questioned the conformity of these projects with International Atomic Energy Agency (IAEA) safety standards;The IAEA has an “ARTEMIS” review service that provides independent advice on radioactive waste management and could inform decisions on these projects;A CNSC official informed international regulators in May 2018 of plans for an ARTEMIS review, but none has taken place; andSection 19 (1) of the Nuclear Safety and Control Act gives the Governor in Council the power to issue directives of general application on broad policy matters to the CNSC’s Commission.We, the undersigned, citizens of Canada, call upon the Government of Canada to issue a directive to the CNSC that it shall make no decision on licensing of a radioactive waste disposal facility unless Canada’s UNDRIP obligations are met, and request an IAEA ARTEMIS review of CNL’s major projects for permanent disposal of the government’s legacy radioactive waste.
Response by the Minister of Energy and Natural ResourcesSigned by (Minister or Parliamentary Secretary): THE HONOURABLE JONATHAN WILKINSON, P.C., M.P.The Government of Canada is committed to the safe, effective, and environmentally sound management of radioactive waste. Advancing reconciliation and protecting the health and safety of Canadians and the environment is the government’s top priority when it comes to nuclear energy and radioactive waste.  In addition, the Government of Canada recognizes the unique status and rights of Indigenous Peoples in Canada and is committed to upholding these rights and implementing the United Nations Declaration on the Rights of Indigenous Peoples (the UN Declaration) in consultation and cooperation with Indigenous Peoples, with regard to radioactive waste management and decommissioning.The development, production, and use of nuclear energy and materials are regulated by the Canadian Nuclear Safety Commission, Canada’s independent nuclear regulator, which comprises the Commission and CNSC staff. All nuclear projects, including the Near Surface Disposal Facility (NSDF) proposed by Canadian Nuclear Laboratories (CNL) and other proposed legacy radioactive waste projects, require the Commission’s authorization, under the Nuclear Safety and Control Act (NSCA), and they may also require an environmental assessment or an impact assessment. Pursuant to its mandate and responsibilities set out in the NSCA, the Commission is as an independent quasi-judicial tribunal that makes science and evidence-based decisions and solicits information from interested Canadians and Indigenous Peoples through public engagement and hearings. Federal departments, such as Environment and Climate Change Canada, Health Canada, Fisheries and Oceans Canada, and Natural Resources Canada, as well as other levels of government, participate in and contribute to environmental assessments, where applicable, for proposed major nuclear projects based on their expertise and knowledge. Along with public participation and input, including from Indigenous Peoples, this ensures an open, balanced process that strengthens the quality and credibility of a project’s review. The Commission approves projects under the NSCA if it concludes that they will be safe for the public and the environment, both now and into the future, that Canadians have been engaged, and that Indigenous Peoples have been sufficiently and appropriately consulted. The Minister of Energy and Natural Resources has no role in the Commission’s independent licensing decisions under the NSCA and did not participate in the environmental assessment decision of the NSDF project under the Canadian Environmental Assessment Act, 2012 (CEAA, 2012).The Commission ensures that all decisions it carries out under federal legislation uphold the honour of the Crown and that consultations with Indigenous Peoples and groups are undertaken whenever the Commission’s decisions or conduct may have a potential impact on Aboriginal or treaty rights protected under section 35 of the Constitution Act, 1982. As Canada’s nuclear regulator, the CNSC is committed to long-term relationship building and to enabling meaningful participation of Indigenous Peoples and groups in Commission proceedings and CNSC regulatory processes.On June 21, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act) received Royal Assent and came into force. This Act requires the Government of Canada, in consultation and cooperation with Indigenous Peoples to: take all measures necessary to ensure that the laws (including regulations) of Canada are consistent with the Declaration (section 5); prepare and implement an action plan to achieve the Declaration’s objectives (section 6); and, table an annual report on progress to align the laws of Canada with the UN Declaration Act and on the action plan (section 7). The Action Plan was released in June 2023 and provides a roadmap of actions Canada needs to take in partnership with Indigenous peoples to implement the principles and rights set out in the UN Declaration and to further advance reconciliation in a tangible way.   Canada’s nuclear regulatory framework, including for radioactive waste management and decommissioning, is aligned with International Atomic Energy Agency (IAEA) standards that are internationally well-regarded, as confirmed by peer reviews of international nuclear experts. In 2019, an IAEA Integrated Regulatory Review Services (IRRS) Mission to Canada was requested by the Government of Canada. The purpose of the 2019 IRRS Mission was to perform a peer review of Canada’s regulatory framework for nuclear and radiation safety against IAEA Safety Standards, with a focus on radioactive waste management and decommissioning. The scope was more comprehensive than an IAEA Integrated Review Service for Radioactive Waste and Spent Fuel Management, Decommissioning and Remediation (ARTEMIS) review. The Mission concluded that Canada has a comprehensive and robust regulatory framework for nuclear and radiation safety covering current facilities and activities. It also recommended that the Government should enhance the existing policy and establish the associated strategy to give effect to the principles stated in Canada’s former Radioactive Waste Policy Framework (1996). A follow-up IRRS Mission will occur in June 2024, to review Canada’s progress on meeting the recommendations of the 2019 Mission. In 2022, the Commissioner of the Environment and Sustainable Development (CESD) found that Canada does a good job of managing low- and intermediate-level radioactive waste.In 2023, the Government of Canada released a modernized Policy for Radioactive Waste Management and Decommissioning and accepted the Integrated Strategy for Radioactive Waste developed by the Nuclear Waste Management Organization and associated partners. Both reflect international best practices and enhance Canada’s framework so that radioactive waste management and disposal are carried out in a safe, environmentally sound, comprehensive, and integrated manner, now and for generations to come.Canada’s commitment to nuclear safety is further reinforced through participation and leadership in the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (the Joint Convention). The Joint Convention is the first legally binding international treaty governing all aspects of spent fuel and radioactive waste management. Under the Joint Convention, delegates, including from Canada, participate in review meetings every three years to review the work of their peers to fulfill their obligations under the Convention.  The Government is confident that the CNSC will continue to follow international standards and best practices in its licensing decisions and as needed, conduct international peer reviews as part of its commitment to continuous improvement in the management of radioactive waste and decommissioning.
Nuclear wasteWaste management
44th Parliament207Open for signatureMarch 4, 2024e-4852e-4852 (Natural resources and energy)BrennainLloydAnthonyRotaNipissing—TimiskamingLiberalONMarch 4, 2024, at 1:19 p.m. (EDT)May 3, 2024, at 1:19 p.m. (EDT)Petition to the <Addressee type="3" affiliationId="" mp-riding-display="1">Government of Canada</Addressee>Whereas:The Nuclear Waste Management Organization (NWMO) has been engaged since 2010 in a multi-step process to site a deep geological repository to emplace the high-level nuclear (irradiated fuel) waste from all of Canada’s nuclear power reactors;The NWMO project will involve the transportation, processing, burial and abandonment of an estimated seven million bundles of radioactive waste over a 50-year period which would be extended by additional reactor construction or refurbishments;The NWMO has repeatedly stated that it will not proceed without an “informed and willing” community;There are scientific and public concerns about the risks of radioactive exposures along the transportation route and in the region of and downstream from the repository site under both normal operating and accident conditions;The Government of Canada has affirmed the United Nations Declaration on the Rights of Indigenous Peoples which sets out that no storage or disposal of hazardous materials shall take place in the lands or territories of Indigenous peoples without their free, prior and informed consent (Article 29); andCanadian law recognizes that every individual in Canada has a right to a healthy environment (CEPA 2023).We, the undersigned, citizens, residents and Indigenous peoples of Canada, call upon the Government of Canada to require the Nuclear Waste Management Organization to demonstrate that it has the consent of residents and communities, including First Nations and Treaty Organizations, along the transportation route and in the region of and downstream of the candidate repository site(s) before selecting a site.Nuclear wasteNuclear Waste Management OrganizationPublic consultationWaste management44th Parliament223Government response tabledMay 15, 2023e-3929e-3929 (Natural resources and energy)SuzanneDeonCherylGallantRenfrew—Nipissing—PembrokeConservativeONMarch 29, 2022, at 2:42 p.m. (EDT)June 27, 2022, at 2:42 p.m. (EDT)March 31, 2023May 15, 2023June 28, 2022Petition to the <Addressee type="3" affiliationId="" mp-riding-display="1">Government of Canada</Addressee>Whereas:Canadian Nuclear Laboratories’ (CNL) proposed Near Surface Disposal Facility (NSDF) at Chalk River Laboratories (CRL) is a safe, responsible, intensely studied, and highly appropriate solution for the remediation of low-level waste;The NSDF project will significantly improve environmental conditions at CRL, reducing risk to the Ottawa River, the local environment and nearby communities;Nuclear energy is an important part of Canada’s clean energy future and commitment to net-zero;Nuclear is the only Canadian energy sector that manages all its waste by-products, accounts for their disposal, and fully funds environmental remediation activities;CNL has conducted extensive Indigenous and public engagement on the NSDF project;Canada has been a global leader in nuclear science and technology for over 75 years;More than one billion medical procedures have been performed using medical isotopes produced at CRL, benefiting people around the world;Canadians expect decisions to be based on the facts and merits of a proposal and not unduly delayed by alarmist opinions, rooted in bias or misinformation; andThe Government of Canada is committed to science and evidence-based decision-making.We, the undersigned, residents of Canada, call upon the Government of Canada to: 1. Maintain its commitment to science and evidence-based decision-making;2. Support the results of the NSDF Environmental Assessment, overseen by the Canadian Nuclear Safety Commission, Canada’s internationally respected and independent regulator;3. Cause no undue delays to the safe remediation of legacy wastes based on misinformation; and4. Acknowledge the right to be engaged, and a duty to be informed.
Response by the Minister of Natural ResourcesSigned by (Minister or Parliamentary Secretary): THE HONOURABLE JONATHAN WILKINSON, P.C., M.P.The Government of Canada is committed to the safe, effective, and environmentally sound management of radioactive waste. Protecting the health and safety of Canadians and the environment is the government’s top priority when it comes to nuclear energy and radioactive waste.Nuclear power provides affordable non-emitting energy to communities as Canadians move toward a net-zero electricity system by 2035. Nuclear power creates jobs and economic opportunities across Canada while displacing fossil fuels domestically and globally.As part of the Government’s continuous efforts to ensure that radioactive waste management and disposal is carried out in a safe, environmentally sound, comprehensive, and integrated manner, now and for generations to come, in March 2023, the Government released Canada’s modernized Policy for Radioactive Waste and Decommissioning. Four priorities form the basis of Canada’s Policy for Radioactive Waste Management and Decommissioning: 
  • Protection of health, safety, security of people and the environment, and ensuring nuclear non-proliferation; 
  • Inclusive engagement, openness, and transparency on radioactive waste management and decommissioning matters; 
  • Recognition of Canada’s deep commitment to building partnerships and advancing reconciliation with Indigenous peoples related to the management of radioactive waste and decommissioning, based on the recognition of rights, respect, collaboration and partnership; and, 
  • Global excellence in the fields of radioactive waste management and decommissioning. 
The recently modernized Policy for Radioactive Waste Management and Decommissioning builds on the views and perspectives we heard from a variety of interested groups and individuals, including Indigenous peoples, interested Canadians, experts, waste producers and owners, and other levels of government. It ensures Canada continues to meet international standards based on the best available science and provides Canadians with confidence in long-term solutions for all of Canada’s radioactive waste. All radioactive waste in Canada is currently safely managed in accordance with international standards at facilities that are licensed by our independent nuclear regulator – the Canadian Nuclear Safety Commission (CNSC).The Commissioner of Environment and Sustainable Development (CESD) conducted a Performance Audit of Nuclear Waste Management, which included Natural Resources Canada (NRCan), the CNSC and Atomic Energy of Canada Limited (AECL). The CESD Report was tabled in Parliament in fall 2022, and found that NRCan, AECL, and the CNSC did a good job of managing the low and intermediate level radioactive waste that makes up 99.5% of Canada’s radioactive waste output.AECL is a federal Crown corporation that works to advance Canada’s interests through nuclear science and technology, and environmental protection initiatives. A key element of AECL’s mandate is to address the Government of Canada’s radioactive waste and decommissioning responsibilities, the majority of which are located at the Chalk River Laboratories. AECL’s objective is to safely and responsibly address these environmental responsibilities and liabilities which have resulted from legacy activities at AECL sites. These legacy liabilities are the result of decades of significant contributions and advancements in nuclear science which have benefitted Canadians and the world, including the development of the CANDU technology and the production of medical isotopes used in the diagnostic and treatment of cancer and other diseases. AECL is focused on the decontamination and decommissioning of redundant structures and buildings, the remediation of contaminated lands, and the management and disposal of radioactive waste at AECL sites. Since 2015, AECL has been delivering its mandate through a government-owned, contractor-operated (GoCo) model, whereby a private-sector organization, Canadian Nuclear Laboratories (CNL), operates AECL’s sites. AECL has asked CNL to propose long-term radioactive waste disposal solutions and to advance other decommissioning activities to reduce its environmental liabilities. One project proposed by CNL to manage AECL’s low-level radioactive waste is the Near Surface Disposal Facility (NSDF).This facility would enable the remediation of contaminated areas, moving low-level radioactive waste from temporary storage areas and existing areas of contaminated soil to an engineered disposal facility that will contain the waste and contamination long enough for it to naturally decay. The facility would be a mound, built at near-surface level, consisting of disposal cells with a base liner and cover, and systems to collect leachate, detect leaks, and monitor the environment.The proposed NSDF project at the Chalk River laboratories is undergoing an environmental assessment (EA) pursuant to the Canadian Environmental Assessment Act, 2012. The CNSC is the responsible authority and continues its work to thoroughly assess CNL’s proposal.The CNSC will make its environmental assessment and licensing decisions based on Canadian legislation, regulations, policy, and guidance, and will take into account international standards and guidance documents. The CNSC will only allow the project to proceed if it is safe for Canadians and the environment, both in the short- and long-term. In Canada, all decisions in relation to proposed or existing major nuclear projects and activities, including the NSDF proposed by CNL, are made by the Commission, a quasi-judicial tribunal of the CNSC. The Nuclear Safety and Control Act assigns to the Commission the role to regulate the nuclear industry to prevent unreasonable risk to the health and safety of persons and the environment, to ensure protection of national security and the discharge of Canada’s international obligations respecting non-proliferation. The Commission’s evidence-based decisions are made in consideration of all scientific and other relevant information, including Indigenous Knowledge. This information is presented to the Commission by project proponents, CNSC staff, Indigenous Nations and communities and other interested persons and organizations during public proceedings that are open and that welcome and support participation, with opportunities for financial support through the CNSC’s Participant Funding Program. Licensees of major nuclear facilities are also required to develop and implement public information programs, to keep the public informed about their nuclear activities and any potential related impact on public health and the environment. Other federal authorities, including Environment and Climate Change Canada, Health Canada, and Natural Resources Canada, as well as the Quebec and Ontario governments, are also participating in and contributing to the environmental assessments based on their expert input and knowledge. The public and Indigenous Nations and communities also have opportunities to participate and input into the process ensuring an open, balanced process that strengthens the quality and credibility of a project’s review. With respect to the NSDF, AECL will continue to work with CNL on regular outreach to the public, local communities, as well as Indigenous communities. The CNSC will render its decisions on the NSDF project following a public hearing. The Commission will not allow nuclear projects, including those for the long-term management of radioactive waste, to proceed unless it determines that human health and the environment are protected, and that Indigenous Knowledge is integrated in its decision-making, both now and in the future.
Environmental assessmentNuclear wasteWaste management