On January 8, 2024, the Canadian Nuclear Safety Commission (Commission) approved the development of a nuclear waste disposal site at Chalk River Laboratories in Ontario.
The Commission approved Canadian Nuclear Laboratories’ (CNL) application to amend their operating licence to construct a near-surface disposal facility at Chalk River Laboratories. The Commission concluded that the project is unlikely to cause significant environmental harms and that the duty to consult on the project was fulfilled.
The project
The amended license authorizes the development of a near surface disposal facility at Chalk River Laboratories aimed at containing around one million cubic metres of low-level nuclear waste. In essence, the project is a permanent landfill for nuclear waste designed to reduce contamination to the surrounding areas.
The disposal facility will be constructed on the existing Chalk River Laboratories site in Deep River, Ontario. The facility has been in operation since 1945 and is located along the Ottawa River on the unceded traditional lands of the Algonquin Anishinaabeg peoples. The project plan indicates that construction will occur over approximately three years. Once construction is complete, the disposal site will operate for 50 years. Over the following 30 years, CNL will work to close the disposal site. Once closed, CNL will continue to monitor the site for a period of at least 300 years.
Project opposition
Various groups and individuals, including First Nations, municipalities and environmental advocates, raised concerns about the project during the Commission’s proceedings. The concerns included the project’s environmental impacts, the safety of the disposal site’s design, the Commission’s consultation, the impacts on the Ottawa River and the selection of waste for the disposal site. The Commission found that the site selection and design complied with International Atomic Energy Agency standards.
The Commission states that it will continue to monitor the project and engage with Indigenous communities on mitigation and follow-up monitoring measures.
Next steps
Groups or individuals who are opposed to the project will have 30 days from the Commission’s decision to bring an application for judicial review in the Federal Court. Absent judicial review, the project is expected to proceed to a three-year construction phase followed by a 50-year operation phase. We will continue to monitor the project and its developments.
As more provinces are exploring nuclear power generation as an option for meeting emissions targets, we expect to see more nuclear projects make their way through the Commission’s licensing process.
If you have questions about the permitting process for nuclear projects, please contact one of the lawyers in our Environmental or Energy practice groups, who would be happy to assist you.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.