Corey Shefman
Associate
Olthuis, Kleer, Townshend LLP
<Email address removed>

Dear Corey Shefman,

Thank you for your letter dated February 8, 2021 requesting, on behalf of Sagkeeng First Nation, the conduct of a Strategic Assessment on In Situ Decommissioning of Nuclear Facilities under Subsection 97(1) of the Impact Assessment Act (IAA).

Under the IAA, a strategic assessment may be conducted to assess Government of Canada policies, plans, programs, or issues relevant to conducting impact assessments. Upon receipt of your request, the Impact Assessment Agency of Canada (the Agency) initiated a review taking into account considerations laid out in applicable guidance related to requesting strategic assessments. Following careful consideration and analysis of your request, I have determined not to conduct a strategic assessment on in situ decommissioning of nuclear facilities, for the reasons described below.

A strategic assessment is unlikely to inform future federal impact assessments. The Government of Canada has no knowledge of reasonably foreseeable projects that would use in situ decommissioning other than the two legacy sites noted in your request as in situ decommissioning may be considered a solution only under exceptional circumstances (e.g., following a severe accident) or for legacy sites (as per the Canadian Nuclear Safety Commission's regulatory document, REGDOC2.11.2 Decommissioning). Therefore, this decommissioning strategy is not anticipated to be used for future projects that may undergo impact assessment.

Secondly, there are existing regulatory frameworks and initiatives underway that are well-placed to consider in situ decommissioning for nuclear facilities. The Canadian Nuclear Safety Commission's mandate includes regulating the use of nuclear energy and materials, and it is responsible for carrying out the necessary licensing and assessments for the use of in situ decommissioning of nuclear facilities. As noted above, the Canadian Nuclear Safety Commission's regulatory document, REGDOC2.11.2 Decommissioning, sets out the conditions under which the use of an in situ decommissioning strategy may be considered.

Additionally, Natural Resources Canada is responsible for administering the Nuclear Fuel Waste Act and is currently undertaking a review of Canada's Radioactive Waste Policy Framework. As part of this review, Natural Resources Canada has invited input from the public and Indigenous groups on policy considerations regarding decommissioning strategies, including in situ decommissioning.

I encourage you to continue your engagement with the Canadian Nuclear Safety Commission on the environmental assessments for the in situ decommissioning of the Whiteshell Reactor #1 project and Nuclear Power Demonstration Closure project, and with Natural Resources Canada on its ongoing review of Canada's Radioactive Waste Policy. These initiatives fall under the Portfolio of my colleague, the Honourable Seamus O'Regan, Minister of Natural Resources, and I am copying him on this letter so he is aware of your concerns.

Sincerely,

 

<Original signed by>

The Honourable Jonathan Wilkinson, P.C., M.P.

c.c.: The Honourable Seamus O'Regan, P.C., M.P.
Rumina Velshi, President & CEO, Canadian Nuclear Safety Commission