Jacques_Lavoie_-_Toronto_-_June_20_2014

Report
Year in Review
at the CNSC
2013-2014
Jacques Lavoie
Senior General Counsel
Canadian Nuclear Safety Commission
June 20, 2014
Toronto, Ontario
E-Docs. #4454797

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
Canadian Nuclear Safety Commission
2
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Uranium mines and mills
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Uranium fuel fabricators and processing
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Nuclear power plants

Waste management facilities
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Nuclear substance processing
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Industrial and medical applications

Nuclear research and educational

Cyclotron
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Export/import control
Canadian Nuclear Safety Commission
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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
Transparent, Science-based Decision-making
Canadian Nuclear Safety Commission
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Dr. Sandy McEwan
Chair, Department of
Oncology, University
of Alberta
Edmonton, Alberta
Mr. Dan D. Tolgyesi
Former President,
Quebec Mining
Association
Québec, Québec
Ms. Rumina Velshi
Former director,
Planning
and Control, Darlington
New Nuclear Project
Toronto, Ontario
Dr. 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. McDill
Professor, Department of
Mechanical and Aerospace
Engineering, Carleton
University
Ottawa, Ontario*
Mr. André Harvey
Former president, Bureau
d’audiences publiques sur
l’environnement (BAPE)
Québec, Québec
Deep Geologic Repository
Joint Review Panel
Temporary Members
Dr. Stella Swanson
Biologist and
Environmental
Consultant
Rockglen,
Saskatchewan
Dr. Gunter Muecke
Professor, Department
of Geology, Dalhousie
University
Halifax, Nova Scotia
Dr. James F. Archibald
Professor,Department
of Mining, Queen’s
University
Kingston, Ontario
*No longer members since March
2014
Canadian Nuclear Safety Commission
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 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
McClean Lake
Cigar Lake
Rabbit Lake
Key Lake
McArthur River
Gentilly-2
Bruce A and B
Point Lepreau
Darlington
Pickering A and B
Canadian Nuclear Safety Commission
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Darlington
Bruce
A1
In service
1977/2012
Mwe 750
A2
In service
1977/2012
Mwe 750
A3
In service
1978/2003
Mwe 750
Pickering
A4
1
2
In service
1979/2003
Mwe 750
In service
1992
Mwe 881
In service
1990
Mwe 881
In service
1971/2005
Mwe 515
A2
A1
Gentilly
QC
A3
In service
In service
1971 Safe
1972 Safe
storage state storage state
A4
In service
1971/2003
Mwe 515
B5
B6
B7
B8
3
4
B5
B6
B7
B8
In service
1985
Mwe 882
In service
1984
Mwe 882
In service
1986
Mwe 882
In service
1987
Mwe 882
In service
1993
Mwe 881
In service
1993
Mwe 881
In service
1983
Mwe 516
In service
1984
Mwe 516
In service
1985
Mwe 516
In service
1986
Mwe 516
Point
Lepreau
NB
In Safe
Shutdown
since Dec. 28,
2012
Return to
service Nov.
23, 2012
Licence application received for continued
operation and refurbishment
Operable status (Average age – 25 Years)
In service within design life
In service / Returned to service
Safe storage state
Canadian Nuclear Safety Commission
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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
Canadian Nuclear Safety Commission
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OPG Pickering Nuclear Generating Station
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Public Hearing for Pickering
was held February 20 and
May 29-31
Commission issued a onesite Power Reactor Operating
Licence to OPG.
The licence will be for
September 1, 2013 to
August 31, 2018.
The public hearing on hold-points was held May 2014
Canadian Nuclear Safety Commission
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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.
• 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.
Canadian Nuclear Safety Commission
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SLOWPOKE-2 Research Reactors
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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.
• 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
Canadian Nuclear Safety Commission
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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

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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
Canadian Nuclear Safety Commission
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Uranium mining
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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, 2014
o 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 2012
o India – signed March 2013
o Kazakhstan – signed November 2013 (Not yet in
force)
Canadian Nuclear Safety Commission
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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
Canadian Nuclear Safety Commission
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
Darlington New Build JRP – Judicial Review
◦ Federal Court decision of Justice Russell
◦ Decision released May 14, 2014
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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, AG and OPG appealed the decision on June 13, 2014.
• Expect to have a hearing in the later half of 2015.
Canadian Nuclear Safety Commission
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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
Canadian Nuclear Safety Commission
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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.
Canadian Nuclear Safety Commission
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
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.
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.
Canadian Nuclear Safety Commission
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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.
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.
Canadian Nuclear Safety Commission
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Nuclear Terrorism Act (Canada)
Convention on the Physical Protection of Nuclear
Material (CPPNM)
International Convention for the Suppression of Acts
of Nuclear Terrorism (ICSANT)
Bill C-22 – Nuclear Liability and
Compensation Act
Canadian Nuclear Safety Commission
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
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 C22 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
Canadian Nuclear Safety Commission
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
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
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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
Canadian Nuclear Safety Commission
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
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
◦
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◦
Canadian Nuclear Safety Commission
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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).
Canadian Nuclear Safety Commission
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
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.
Canadian Nuclear Safety Commission
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• 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
Canadian Nuclear Safety Commission
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Canada signed September 14, 2005
March 25, 2014 - Prime Minister Stephen Harper announced the ratification
of the Convention at the Nuclear Security Summit
Canadian Nuclear Safety Commission
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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 1620
Canadian Nuclear Safety Commission
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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.
Canadian Nuclear Safety Commission
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
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 -
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TRIUMF –
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National emergency exercise
purchased by U.S. based Sterigenics
has announced that it will purchase cyclotron
for the production of medical isotopes
- May 2014 (IAEA &
USNRC observing)
Canadian Nuclear Safety Commission
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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.
• 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.
Canadian Nuclear Safety Commission
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Court challenges – Darlington New Build and Darlington
Refurbishment – awaiting decisions of the courts

Change in Commission meeting / hearing protocol and Code of
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Darlington Refurb licensing hearings scheduled for Nov 2014

Decisions from the Sixth Review Meeting of the Convention on

Future of AECL – GoCo concept / isotope production to end (2016)

Conduct
Nuclear Safety
International Physical protection Advisory Services Mission (IPPAS) –
Prime Minister’s announcement at Nuclear Security Summit on March
25, 2014
Canadian Nuclear Safety Commission
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Canadian Nuclear Safety Commission
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Visit the CNSC website at:
nuclearsafety.gc.ca
Canadian Nuclear Safety Commission
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