On April 13, 2015, the Federal Court of Appeal dismissed the appeal related to the environmental assessment (“EA”) for the refurbishment and continued operation of the Darlington Nuclear Generating Facility (the “Project”). The appeal was from the Federal Court’s earlier decision dismissing a judicial review application related to the EA for the Project.… Continue Reading
As we previously wrote here and here, in a 2014 judicial review application, the Federal Court found that the environmental assessment (“EA”) process for the Darlington New Nuclear Power Plant Project (the “Project”) conducted by the Joint Review Panel (the “Panel”) contained a number of deficiencies. The Federal Court allowed the judicial review application and directed that the EA report be returned to the Panel for further consideration of certain issues, including those related to disposal of nuclear waste and severe nuclear accidents. The Federal Court’s decision was subsequently appealed by Ontario Power … Continue Reading
On February 26, 2015, following its third reading in the Senate, without amendment, Bill C-22, An Act respecting Canada’s offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts (short title, Energy Safety and Security Act), was given Royal Assent and became an Act of Parliament. Bill C-22, as assented, is available here.… Continue Reading
Bill C-22, An Act respecting Canada’s offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making consequential amendments to other Acts (the “Bill”) was first introduced in the House of Commons on January 30 2014 and was referred to the Standing Senate Committee on Energy, the Environment and Natural Resources for study on December 4, 2014.
We recently wrote about the judicial review application challenging the adequacy of the federal environmental assessment (“EA”) process for the Darlington New Nuclear Power Plant Project (the “Project”). To recap, the Federal Court found that the EA was deficient for a number of reasons, including that the Joint Review Panel did not adequately consider the issues of long-term management and disposal of used nuclear fuel and the potential of a large-scale nuclear accident. The Canadian Nuclear Safety Commission (“CNSC”) has now announced that it is appealing the Federal Court’s decision regarding the Project.
The CNSC takes the view that the … Continue Reading
The Darlington Nuclear Project (the “Project”) was first proposed in 2006. In 2009, following the Project’s initial planning stages, an environmental assessment (“EA”) process was commenced under the Canadian Environmental Assessment Act (since replaced by the Canadian Environmental Assessment Act, 2012 and referred to below as the “CEAA”). The federal EA process was conducted by a review panel (the “Panel”) and in August, 2011, the Panel concluded that the Project was not likely to cause significant adverse environmental effects, provided that certain recommended mitigation measures were implemented. … Continue Reading
Passed nearly 40 years ago, the Act has been instrumental in facilitating the development of Canada’s nuclear industry. It implemented, among other things, no-fault operator liability and a cap on operator liability. This approach is broadly consistent with other jurisdictions except that the cap on operator liability, fixed at $75 million in 1976, has been significantly outpaced in most other jurisdictions. This anachronistic limit has been a lightning rod for criticism as well as a significant … Continue Reading
Recently, there has been an increase in commentaries suggesting that the North American “Nuclear Renaissance” is on life support, which, if true, will have made it a very short renaissance period indeed. The latest pronouncement came from The Economist that pointed out in this article that of 18 applications received by the U.S. Nuclear Regulatory Commission since 2007 for 24 new build nuclear reactors, only two applications have been approved. This is in stark contrast to the nine that have since been withdrawn or are stalled and the seven that continue to be under the NRC’s intense scrutiny process. The … Continue Reading