ENVI Committee Report

Supplementary Report of the New Democratic Party of Canada

New Democrats would like to thank all the witnesses who appeared before the Standing Committee on the Environment and Sustainable Development and those who submitted written briefs during the Committee’s study of radioactive waste governance in Canada.

While we support some of the recommendations in the report, we differ on some of the conclusions and are concerned that important perspectives and recommendations have not been addressed.

The focus of this study was the governance of radioactive waste in Canada. It was not within the scope of this study to look at the role of nuclear power generation in Canada’s energy mix. Regardless of the future of nuclear power generation in Canada, existing radioactive waste and waste that will be created by existing and future nuclear power generation is a pressing issue that must be dealt with seriously to protect the health and safety of Canadians and the environment.

The committee heard from witnesses and received numerous briefs that raised concerns about the governance of radioactive waste in Canada, with particular focus on the consultation for the proposed Near Surface Disposal Facility (NSDF) at Chalk River and the search for a suitable site for a future Deep Geological Repository (DGR). It is important that these concerns are taken seriously, and that Canadians are able to meaningfully participate in the process around decisions that could have serious consequences to the environment and the health and safety of Canadians, now and into the future.

With regards to the governance structure for radioactive waste, the committee heard concerns about potential and perceived conflicts of interest and concerns about independence from industry. The Canadian Nuclear Safety Commission (CNSC) currently reports to Parliament through the Minister of Natural Resources, who is responsible for promoting and regulating the nuclear industry. While this may not create an actual conflict of interest, it was clear from witness testimony that the perception of the possibility of a conflict of interest impacts public trust in Canada’s radioactive waste management.

To eliminate the appearance of a potential conflict of interest and ensure that Canada is in alignment with guidance form the International Atomic Energy Agency (IAEA), New Democrats recommend that the government make the necessary changes under the Nuclear Safety Control Act and the Financial Administration Act so that the Canadian Nuclear Safety Commission report to Parliament through the Minister of Environment and Climate Change, instead of through the Minister of Natural Resources.

The Nuclear Waste Management Organization (NWMO), which is responsible for the management of used nuclear fuel, is funded by, and comprised of nuclear energy producers, effectively putting industry in charge of designing and implementing Canada's plan for the safe, long-term management of used nuclear fuel. Multiple witnesses and briefs raised concerns about putting industry in charge of developing plans for the safe management of their own waste, or as Chief Duncan Malcom Michano described it, “putting the fox in charge of the chicken coop.” In fact, in creating the NWMO in 2002, the Chretien government ignored the unanimous recommendation of the Seaborn Panel in 1998 to create an independent "arm's length" radioactive waste organisation.

New Democrats support the recommendation heard from many witnesses and briefs, and the Seaborn Panel, to have a body independent from industry manage radioactive waste.

The Near Surface Disposal Facility (NSDF) at Chalk River is currently undergoing final regulatory licensing approval by the CNSC. The CNSC is concluding its environmental assessment of the NSDF under the Canadian Environmental Assessment Act, 2012. Several witnesses spoke in favour of taking a regional approach to environmental risk assessment along the Ottawa River in relation to this proposed facility, given that there are several other nuclear facilities located in the Ottawa Valley. The City of Ottawa had previously requested a regional assessment under the new Impact Assessment Act that was turned down by the Minister of Environment. A regional assessment under the Impact Assessment Act would have more stringent requirements for consultation, particularly with Indigenous peoples, and provide separation between the entity that decides if a proposed radioactive waste storage project can proceed to the regulatory stage and the regulator that licenses the project (the CNSC).

New Democrats strongly recommend that the government conduct a regional environmental assessment of radioactive waste projects in the Ottawa Valley under the Impact Assessment Act.

Some witnesses advocated for perpetual, or rolling, stewardship of radioactive waste, as an alternative to abandonment. The Chiefs of Ontario have outlined five principles on radioactive waste, which have been adopted by the leadership of 133 First Nations in Ontario, including that “there should be no abandonment but rather a policy of perpetual stewardship.” Dr. Gordon Edwards pointed out that three final repositories, DGRs developed to store low- and intermediate-level waste, have experienced failures so far. New Democrats are concerned by the recommendation that the government acknowledge that DGRs are the safest way to store high-level radioactive waste without further consideration of perpetual stewardship as an alternative.

With regard to the potential future use of small modular reactors (SMR), a technology the Liberal government is pursuing, the committee heard testimony from expert witnesses that reactor technology used in SMRs is different than that of the nuclear reactors currently used in Canada and would produce radioactive waste requiring different waste management and disposal. Witnesses testified that the radioactive waste from some SMRs might not be suitable for long-term storage without significant pre-processing, and Dr. M.V. Ramana emphasized that this reprocessing of high-level waste separates uranium and plutonium, which can be used as fissile material in nuclear weapons. Natural Resources Canada’s Draft Policy for Radioactive Waste Management and Decommissioning currently allows for reprocessing of high-level waste.

New Democrats welcome the recommendation that any research and development work related to SMR technology rigorously document and categorize in their analyses the radioactive waste that will be generated, and that a plan be developed to manage this waste as part of Canada’s Policy for Radioactive Waste and Decommissioning. However, we also strongly recommend that the government revise Natural Resources Canada’s Draft Policy for Radioactive Waste Management and Decommissioning to ensure that no reprocessing of high-level radioactive waste or extraction of plutonium is allowed in Canada. Similarly, we have concerns with the recommendation that the government invest in research in reducing, reusing, and recycling radioactive waste, as we feel it does not adequately address concerns around reprocessing and plutonium extraction.

The committee also heard concerns about the importing of radioactive waste into Canada. The NWMO has committed not to import high-level waste and to only manage high-level waste generated in Canada, but there is currently no regulation or law requiring it. The Chiefs of Ontario’s Five Principles on Nuclear Waste includes the principle that “exports and imports of waste should be forbidden except in truly exceptional cases after full consultation with all those whose lands and waters are being put at risk.”

New Democrats recommend that the government take steps to put in place regulatory restrictions on importing foreign high-level radioactive waste.

The government-owned contractor-operated (GoCo) model used by Atomic Energy of Canada Limited (AECL) and Canadian Nuclear Laboratories (CNL) was a concern for some witnesses. AECL was originally a Crown corporation, but now operates with a GoCo model with CNL. AECL owns the facilities and contracts out to CNL for the day-to-day operations. But, under the Harper government the assets of AECL’s CANDU Reactor Division were sold to SNC-Lavalin in 2011, and in 2015 CNL transferred all of its shares to a private-sector consortium, the Canadian National Energy Alliance (CNEA), which in turn is run by the companies SNC-Lavalin, Fluor and Jacobs. This arrangement means that SNC-Lavalin effectively owns and operates many of Canada’s nuclear assets.

New Democrats recommend that the government restore AECL as a Crown corporation to ensure public control and oversight of federal nuclear facilities and radioactive waste.

Numerous witnesses and briefs expressed dissatisfaction with consultation processes around radioactive waste management. This dissatisfaction was most strongly expressed by Chief Reg Niganobe of the Anishinabek Nation and Chief Duncan Malcom Michano. Public trust is crucial for the safe and effective management of radioactive waste. In this regard it is clear the government is falling short. Participants in consultations with both the CNSC and NWMO expressed distrust in the process and recalled feeling dismissed and patronized. Chief Niganobe recalled an incident when an NWMO representative told his community: “We could explain it to you, but you wouldn’t understand it anyway.”

Chief Niganobe emphasized that no decisions concerning radioactive waste storage, the development of small modular reactors, transportation or decommissioning can be made absent of the free, prior and informed consent on Indigenous peoples, as set out in article 29.2 of the United Nations Declaration on the Rights of Indigenous Peoples, and that transparency and full disclosure are essential, but not a substitute for full engagement. He suggested that Canada could start the work on creating an effective and broad consultation policy. Additionally, the Kebaowek First Nation has been asking for a consultation framework between themselves and the CNSC but have not had that request met.

New Democrats strongly welcome the recommendation that the government work with Indigenous communities to co-develop a consultation framework that upholds the right of Indigenous peoples to free, prior and informed consent as set out in article 29.2 of the United Nations Declaration on the Rights of Indigenous Peoples.

Regardless of the role nuclear energy will play in Canada going forward, the governance of radioactive waste is an issue that must be dealt with seriously and rigorously to protect the health and safety of Canadians and the environment. Due to the nature of radioactive waste, the consequences of decisions made now will continue to be felt far into the future. It is essential that decisions surrounding radioactive waste management are made based on the best available scientific evidence, and through a governance structure that ensures transparency and meaningful engagement with the communities that will be most directly affected.