jacques lavoie senior general counsel canadian nuclear safety commission june 20, 2014 toronto,...

Jacques LavoieSenior General CounselCanadian Nuclear Safety Commission

June 20, 2014

Toronto, Ontario E-Docs. #4454797

Year in Review at the CNSC

2013-2014

Regulates the use of nuclear energy and materials to protect the health, safety and security of Canadians and the environment; implements Canada's international commitments on the peaceful use of nuclear energy; and disseminates objective scientific, technical and regulatory information to the public

Nuclear Safety and Control Act, s. 9

CNSC – Mandate

Canadian Nuclear Safety Commission 2

http://www.parl.gc.ca/About/Parliament/PhotoGallery/hr.asp?Language=E&phoId=40&strType=HR

CNSC Regulates All Nuclear-Related Facilities and Activities


Uranium mines and mills

Uranium fuel fabricators and processing

Nuclear power plants

Waste management facilities

Nuclear substance processing

Industrial and medical applications

Nuclear research and educational

Cyclotron

Export/import control

Independent Commission

Transparent, Science-based Decision-making

Court of Record & administrative tribunal - quasi-judicial

Reports to Parliament through Minister of Natural Resources Canada

◦ Power to issue summons, examine persons under oath, compel the production of documents, enforce orders (NSCA, s.20)

◦ Commission hearings are public and Webcast live, then archived

Legal Services and Secretariat assist the Commission and CNSC Staff


Dr. Sandy McEwanChair, Department ofOncology, Universityof Alberta Edmonton, Alberta

Mr. Dan D. TolgyesiFormer President, Quebec Mining AssociationQuébec, Québec

Ms. Rumina VelshiFormer director, Planning and Control, Darlington New Nuclear ProjectToronto, Ontario

Dr. Stella SwansonBiologist and Environmental ConsultantRockglen, Saskatchewan

Dr. Gunter MueckeProfessor, Department of Geology, Dalhousie University Halifax, Nova Scotia

Dr. James F. ArchibaldProfessor,Department of Mining, Queen’s UniversityKingston, Ontario

Deep Geologic RepositoryJoint Review Panel

Temporary Members

Our Commission MembersDr. Michael Binder President and Chief Executive Officer, CNSC

Dr. Ronald J. Barriault Practising physician and member of the Canadian Medical Association, College of Family Physicians of Canada and the New Brunswick Medical Society Charlo, New Brunswick*

Dr. J. Moyra J. McDillProfessor, Department of Mechanical and Aerospace Engineering, Carleton UniversityOttawa, Ontario*

Mr. André HarveyFormer president, Bureau d’audiences publiques sur l’environnement (BAPE) Québec, Québec

*No longer members since March 2014


Major Nuclear Facilities Located Across Canada


22 Nuclear Power Reactors on 5 Sites 6 active uranium mines/mills in northern Saskatchewan 3, 300 licences / 2,500 licensees 840 staff Resources: $161.5 m (70% cost-recovered from licensees)

Midwest

Cigar Lake

McClean Lake

McArthur River

Key LakeRabbit Lake

Point Lepreau

Bruce A and B

Gentilly-2

Darlington

Pickering A and B

Licence application received for continued operation and refurbishment

Operable status (Average age – 25 Years)

In service / Returned to service

Safe storage state

In service within design life

Bruce

In Safe Shutdown

since Dec. 28, 2012

Gentilly QC

Return to service Nov.

23, 2012

Point Lepreau

NB

Darlington

1 2

3 4

In service 1993

Mwe 881

In service 1993

Mwe 881

In service 1992

Mwe 881

In service 1990

Mwe 881

Pickering

A2 A4A3A1

B5 B8B6 B7

In service 1971 Safe

storage state

In service 1971/2003Mwe 515

In service 1972 Safe

storage state


In service 1983

Mwe 516

In service 1986

Mwe 516

In service 1984

Mwe 516

In service 1985

Mwe 516

A2 A4A3A1

B5 B8B6 B7





In service 1985

Mwe 882

In service 1987

Mwe 882

In service 1984

Mwe 882

In service 1986

Mwe 882

Canadian Nuclear Power Reactor Fleet


Darlington • Ontario government — new builds on hold

• Federal court referral of EA back to Panel

• Refurbishment EA approved for existing reactors• Licence renewal hearing November 2014

Pickering • Decision on licence renewal released August 9, 2013• Public hearing on hold-points — held May 2014• End of commercial operation planned for 2020

Bruce• Refurbishments of units A1 and A2 completed in 2012• Renewal hearing in early 2015• Current operating licence extended until April 15, 2015

Point Lepreau• Refurbishment completed and returned to service on November 23, 2012

Gentilly-2• Québec decided to decommission, not refurbish• In safe shutdown since December 28, 2012

Nuclear Power Plants — Status


Public Hearing for Pickering was held February 20 and May 29-31

Commission issued a one-site Power Reactor Operating Licence to OPG.

The licence will be for September 1, 2013 to August 31, 2018.

Significant Commission Decisions 2013


The public hearing on hold-points was held May 2014

OPG Pickering Nuclear Generating Station

Cameco Cigar Lake Project ◦ Public Hearing held in Saskatoon,

April 3, 2013◦ Commission issued licence

authorizing the construction and operation of project located in northern Saskatchewan.

◦ Licence valid for 8 years: July 1, 2013 to June 30, 2021.

Significant Decisions 2013 (cont’d)


• Cameco Beaverlodge Mining – • Public Hearing held in Saskatoon, April 3-4,

2013. • The Commission renewed the Waste Facility

Operating Licence at the decommissioned Beaverlodge mine and mill site for a period of 10 years.

SLOWPOKE-2 Research Reactors École Polytechnique de Montréal University of Alberta Royal Military College of Canada Saskatchewan Research Council Public Hearing held in Ottawa, May

15, 2013 These non-power reactor operating

licences were renewed for July 1, 2013 until June 30, 2023.

Significant Decisions 2013 (cont’d)


• Key Lake, McArthur River and Rabbit Lake Uranium Mine Projects

• Public Hearing held in La Ronge, Saskatchewan, October 1-3, 2013.

• Cameco’s licences renewed with 10 year licence terms

Gentilly -2, NPP in Québec

Decision by Québec to close G2 Sept. 2012

Defueling & Safe storage state – 2014-15

Ontario’s Long Term Energy Plan

Released December 2013 – Darlington New build on hold

Refurbishment for Bruce and Darlington in 2016 and Pickering shutdown - 2020

CNSC Public Meeting in December 2013

Meeting on GE Hitachi fuel fabrication facilities in Peterborough and Toronto

Significant Developments


Uranium mining Recent licence renewals in 2013: Cigar Lake, Key Lake

Mill, McArthur River Mine, Rabbit Lake Mine and Mill

Millennium new mine - environmental assessment and licensing – Project on hold.

Gunnar – Legacy Site hearing – August 19, 2014o Remediation decision – Fall 2014

Kiggavik mine proposal – environmental assessment review ongoing in Nunavut

Nuclear Cooperation Agreements (NCAs)o China – 1994, supplementary NCA protocol and

arrangement signed in July 2012o India – signed March 2013

Significant Developments (cont’d)


o Kazakhstan – signed November 2013 (Not yet in force)

Long-term waste management Low and intermediate level radioactive waste

◦ Deep Geologic Repository (DGR)

◦ Public hearings – Sept 16 through Oct 30, 2013

◦ 25 hearing days / over 200 interventions / 20,000 pages of documentation

◦ Additional hearing days requested by Joint Review Panel

Ongoing remediation – Legacy Sites◦ Port Hope and Port Granby

Long-term management of spent fuel◦ Nuclear Waste Management Organization’s

Adaptive Phased Management (APM) - 2035◦ Community selection process - 15 communities

remain on shortlist 1 from Saskatchewan, 14 from Ontario

Significant Developments (cont’d)


Darlington New Build JRP – Judicial Review◦ Federal Court decision of Justice Russell ◦ Decision released May 14, 2014

The EA challenge allowed in part Court found that the Panel failed to comply with the CEAA and the

Agreement that established the Panel in three areas:◦ gaps in the bounding scenario regarding hazardous substance

emissions and on-site chemical inventories; ◦ consideration of spent nuclear fuel; and◦ deferral of the analysis of a severe common cause accident.

EA Report to be returned to the panel (or a duly constituted panel) for further reconsideration and determination of the specific issues laid out by the Court

CNSC - Litigation


• CNSC, AG and OPG appealed the decision on June 13, 2014. • Expect to have a hearing in the later half of 2015.

Darlington Refurbishment EA challenge Greenpeace, CELA, Lake Ontario Water Keeper, and Northwatch

commenced an application for judicial review on April 12, 2013 Respondents AG Canada, DFO and OPG An oral hearing of the CNSC’s motion for leave to intervene in the

application was held on Tuesday, Sept. 24 2013 in Toronto; the motion was dismissed.

Hearing proceeded before Phelan J. on May 6 in Toronto The parties have requested to make supplementary submissions

to the Court respecting the new build decision of Russell J. of the Federal Court

Awaiting a decision of the Court

CNSC – Litigation (cont’d)


Regulations under the NSCA

◦ Packaging and Transport of Nuclear Substances Regulations

◦ If approved, the Packaging and Transport of Nuclear Substances Regulations 2014 would be expected to be published in the Canada Gazette, Part I for 75 day consultation period.

Amendments to Regulations


Aboriginal Law: Duty to Consult, Abuse of Process Behn v. Moulton Contracting Ltd. (May 9) The duty to consult exists to protect the collective, not individual, rights of Aboriginal peoples. The doctrine of abuse of process is characterized by its flexibility, and abuse occurred here.

Environmental Law: Duty to Report Castonguay Blasting Ltd. v. Ontario (Environment) (Oct. 17) Ontario’s Environmental Protection Act requires the Ministry of the Environment be immediately notified when a contaminant is discharged into the environment; there are two pre-conditions: the discharge must have been out of the normal course of events; it must have had, or was likely to have, an adverse environmental impact.

2013 Jurisprudence - SCC


Labour Law: Mandatory Random Alcohol & Drug Testing Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Limited (June 14) A unilaterally imposed policy of mandatory, random and unannounced testing for all employees is not appropriate. Random testing in a dangerous workplace may be OK if it represents a proportionate response in light of both legitimate safety concerns and privacy interests.

Judicial Review: Criteria for being added as a respondent - Forest Ethics Advocacy Assn. v. National Energy Board (October 4) (FCA) “Directly affected” means whether the relief sought in the application for judicial review will affect a party's legal rights, impose legal obligations upon it, or prejudicially affect it in some direct way. If a party meets this criteria, the party should be added as a respondent.

Aboriginal Law: Sandy Pond v. Canada (Attorney General) (October 31) (FC) The provisions of the 2006 Metal Mining Effluent Regulations that are challenged in this application were lawfully enacted by the Governor in Council pursuant to the authority conferred by the Act. The fact that regulations enacted pursuant to the Act may have negative environmental consequences does not, per se, render those regulations invalid.

2013 Jurisprudence – FCA & FC


Employment Law: Dismissal without cause Atomic Energy of Canada Ltd. v. Joseph Wilson (July 2) (FC) The Canada Labour Code does not support the principle that federally regulated employers may only dismiss employees for cause. An employer can dismiss an employee without cause so long as it gives notice or severance pay.

Nuclear Terrorism Act (Canada)

Convention on the Physical Protection of Nuclear Material (CPPNM)

International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT)

Developments in Legislation and International Conventions in 2013-2014


Bill C-22 – Nuclear Liability and Compensation Act

Bill C-22 – Canada Nuclear Liability Compensation Act (NLCA)


June 10, 2013, the Minister of Natural Resources announced intention to:◦ Table a new bill in Parliament to strengthen Canada’s nuclear liability

regime ◦ Join the IAEA Convention on Supplementary Compensation for Nuclear

Damage (Convention) Following the announcement in June:

◦ Canada signed the Convention on December 3, 2013, and it was tabled in Parliament on December 6

◦ Energy Safety and Security Act (Bill C-22) was tabled in Parliament on January 30, 2014

The Nuclear Liability and Compensation Act portion of Bill C-22 will:

Replace the Nuclear Liability Act with stronger legislation to better deal with liability and compensation for a nuclear accident within Canada

Implement Canadian membership in the Convention to address liability and compensation for damage within member countries arising from trans-boundary and transportation nuclear accidents



Operator absolutely and exclusively liable for damages within Canada or its exclusive economic zone, or within a Contracting State and its exclusive economic zone, caused by ionizing radiation emitted:◦ From operator’s nuclear installation, or ◦ From nuclear material being transported to or from operator’s nuclear

installation Operator liable for nuclear damage caused by natural disasters,

including those of exceptional nature Legislation does not apply to nuclear incident that results from act

of war, hostilities, civil war or insurrection, other than terrorist activity◦ Operator not liable for damage suffered by person who intentionally caused

nuclear incident or caused nuclear incident through gross negligence

◦ Operator has no right of recourse against any person other than individual who intentionally caused the nuclear incident by an act or omission



Liability limit for nuclear power plant operators will be increased from $75 million to $1 billion:◦ Phase in over 3 years – $650 million limit set at proclamation◦ Minister must review limit regularly and it may be increased by

regulation Rationale for liability amount:

◦ Sufficient to deal with consequences of controlled releases of radiation◦ Within capacity of insurers to provide insurance at reasonable costs◦ Brings Canada more in line with liability limits in other countries.◦ Lower liability amounts for operators of low-risk nuclear installations ◦ Operators required to cover full amount of liability with insurance

provided by an insurer approved by Minister ◦ Subject to Minister’s approval, operators permitted to cover up to 50%

of their liability with other forms of financial security ◦ Operator’s financial security can not be used to pay operator’s costs of

administering claims, court costs, legal fees or interest on compensation

Royal Assent – June 19, 2013

Amendments to the Criminal Code in force November 1, 2013

to help prevent the acquisition of nuclear material, radioactive material and devices by individuals or groups with malicious intent.

Final stage completed in order to permit Canada to ratify the Amendment to the Convention on the Physical Protection of Nuclear Material (CPPNM) and the International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT).

Nuclear Terrorism Act An Act to Amend the Criminal Code


amends the “Criminal Code to create four new offences relating to nuclear terrorism:◦ possessing or trafficking nuclear or radioactive material or a nuclear or

radioactive device, or committing an act against a nuclear facility or its operations, with the intent to cause death, serious bodily harm or substantial damage to property or the environment;

◦ using or altering nuclear or radioactive material or a nuclear or radioactive device, or committing an act against a nuclear facility or its operation, with the intent to compel a person, a government or a domestic or international organization to do, or refrain from doing, anything;

◦ committing an indictable offence for the purpose of obtaining nuclear or radioactive material or a nuclear or radioactive device or to obtain access or control of a nuclear facility; and

◦ the threat to commit these offences.

Nuclear Terrorism Act (cont’d)


Amendment to the Convention on the Physical Protection of Nuclear Material


• Prime Minister announced Canada’s ratification on March 24, 2014 at the Nuclear Security Summit

• The Amendment to the Convention on the Physical Protection of Nuclear Material – “makes it legally binding for State Parties to protect nuclear facilities and material in peaceful domestic use, storage and transport. It also provides for expanded cooperation between States regarding rapid measures to locate and recover stolen or smuggled nuclear material, mitigate any radiological consequences of sabotage, and prevent and combat related offences.”

AMENDMENTS TO THE CPPNM

Canada signed September 14, 2005 March 25, 2014 - Prime Minister Stephen Harper announced the

ratification of the Convention at the Nuclear Security Summit

International Convention for the Suppression of Acts of Nuclear

Terrorism


Bill C-22 – Energy Safety and Security Act

Increases the absolute liability threshold for operators of nuclear facilities from $75 million to $1 billion

Increases the absolute liability threshold for operators of nuclear facilities from $75 million to $1 billion

CNSC President Michael Binder appeared before Standing Committee on Natural Resources on June 5, 2014

The report of the Standing Committee was tabled on June 11, 2014 and was reported back with amendments.

Debates on Bill C-22 were tentatively scheduled for June 16-20

Nuclear Liability and Compensation Act


Enacting Bill C-22 will allow Canada to ratify the IAEA Convention on Supplementary Compensation for Nuclear Damage.

Once in force, the convention will help address nuclear liability issues for transboundary and transportation incidents and provide access to supplementary compensation from an international pool of up to $500 million.

IAEA Convention on Supplementary Compensation for

Nuclear Damage


AECL – Highly enriched uranium from Atomic Energy of Canada Ltd. to be transported to Savannah USA

◦ NRU current plans to end isotope production in 2016

Nordion - purchased by U.S. based Sterigenics

TRIUMF – has announced that it will purchase cyclotron for the production of medical isotopes

National emergency exercise - May 2014 (IAEA & USNRC observing)

Other Developments 2013-2014


Strateco : BAPE proceedings on uranium & application to Québec Superior Court

As the Bureau d’audiences publiques sur l’environnement (BAPE) proceedings are underway, Strateco has filed, with the BAPE, an application to have Monsieur Louis-Gilles Francoeur removed as the President and Member. According to Strateco, as a journalist for Le Devoir, Mr. Francoeur has written a number of articles that criticize the project, evidence that he is biased on the topic.

Other Developments (cont’d)


• This does not affect the legal proceedings initiated by Strateco, by which it seeks to invalidate the MDDEFP Minister's decision of November 7, 2013, to refuse a certificate of authorization for the underground exploration phase of the Matoush project.

Court challenges – Darlington New Build and Darlington Refurbishment – awaiting decisions of the courts

Change in Commission meeting / hearing protocol and Code of Conduct

Darlington Refurb licensing hearings scheduled for Nov 2014 Decisions from the Sixth Review Meeting of the Convention

on Nuclear Safety Future of AECL – GoCo concept / isotope production to end

(2016) International Physical protection Advisory Services Mission

(IPPAS) – Prime Minister’s announcement at Nuclear Security Summit on March 25, 2014

2014 and beyond



THANK YOU!

Questions?

[email protected]

Visit the CNSC website at: nuclearsafety.gc.ca


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