The Canadian Nuclear Safety Commission (CNSC) is the responsible authority under the Nuclear Safety and Control Act (NSCA) for regulating all nuclear facilities and nuclear-related activities in Canada. The CNSC is an independent agency of the Government of Canada and operates in a transparent manner. Its operations are open to formal public scrutiny. (NCSC, 2008)

In Canada, there are no existing nuclear plants for which environmental impact reviews were conducted prior to their construction, as the constructions occurred before the formalization of Environmental Assessment (EA) in Canada. However, strict regulations are in place to prevent catastrophic and chronic incidents at Canadams nuclear power stations. CNSC is the regulating authority for nuclear power generation and it sets limits of radiation exposure for the general public as well as for the workers. These limits may not be exceeded and the exposure levels must be kept as low as reasonably achievable by means of the ALARA concept. The International Atomic Energy Agency (IAEA) sets standards for operation of nuclear power reactors and Canada subscribes to its recommendations as well as to those of the International Commission on Radiological Protection. (Canadian Handbook on HIA, 2004)

According to its mandate, the CNSC regulates the use of nuclear energy and materials to protect health, safety, security and the environment and to respect Canadams international commitments on the peaceful use of nuclear energy. It is an independent federal regulatory agency and quasi-judicial administrative tribunal. (NCSC, 2008)

The Commission has the responsibility to:

1)     establish regulatory policies on matters relating to health, safety, security and the environment

2)     make legally binding regulations, and to

3)     make licensing decisions based on laws and regulations. (NCSC, 2008)

The NSCA also provides the Commission with the authority to set and enforce standards in the areas of health, safety, security and environmental protection related to nuclear energy and with respect to the implementation of Canadams policies and obligations concerning the non-proliferation of nuclear weapons. (NCSC, 2008)

According to the information document lLicensing Process for New Nuclear Power Plants in Canadan prepared by CNCS, the Canadian Nuclear Safety Commission is updating its regulatory framework for nuclear power plants. The updated framework draws upon international standards and best practices, including the International Atomic Energy Agencyms nuclear safety standards, where applicable and practicable. The IAEAms standards set out high-level safety goals that apply to all reactor designs; i.e. they are technology-neutral. Aligning the CNSCms regulatory framework for new nuclear power plants with international standards and best practices allows the CNSC to build on advances in safety and on the experiences of the international regulatory community. As a consequence, any new nuclear power plants built in Canada will meet the highest standards for health, safety, security and environmental protection. (NCSC, 2008)

There are five phases in the life-cycle of a nuclear power plant and each phase requires a separate licence from the CNCS:

•       a licence to prepare a site;

•       a licence to construct;

•       a licence to operate;

•       a licence to decommission; and

•       a licence to abandon.

Nevertheless, before any licensing decision is made with respect to a new nuclear power plant, an environmental assessment must be completed. If EA concludes that that the project is not likely to cause significant adverse environmental effects with the available mitigation measures, a license may be issued. However, in case the EA brings a negative decision, the project will not advance to the licensing process.

Accordingly, an EA commences when the CNSC determines that an EA is required. As described by the CNSC, there are seven main steps in the EA process:

•       Determine if EA is required under CEAA;

•       Identify authorities involved in EA process;

•       Plan the EA - Determine how it will be conducted;

•       Conduct analysis and prepare EA Report;

•       Review the EA Report;

•       Make an EA decision; and

•       Implement mitigation measures and follow-up program, as appropriate. (CNSC, 2009)

Facilities that are part of the Project but that are not directly related to the operation of the nuclear power generating stations are approved for location at the site by the CNSC. The approval granted by the CNSC is required due to the emergency preparedness requirements applicable to the facilities. Further, the production, use and application of nuclear energy has been determined by the Supreme Court of Canada to be a matter of national concern within the exclusive jurisdiction of the federal government.

Pursuant to section 71 of the Nuclear Safety and Control Act, any work or undertaking constructed for the development, production or use of nuclear energy is declared to be a work or undertaking for the general advantage of Canada. As such, provincial laws apply to the facility only to the extent determined as appropriate by the CNSC.

Under NSCA, Bruce Power will require licences from CNSC for activities to be undertaken with respect to the project. Before the Commission can make licensing decisions for this proposal, an Environmental Assessment of the proposal must be completed in accordance with the requirements of the Canadian Environmental Assessment Act (CEAA).

The purpose of an environmental assessment is to determine if the project is likely to cause significant adverse environmental effects, taking into account the available mitigation measures before any decision is taken by a federal authority that would allow the project to proceed. This project is of the type identified on the Comprehensive Study List Regulations.

The Canadian Environmental Assessment Agency administers the federal environmental assessment process, which identifies the environmental effects of proposed projects and measures to address those effects, in support of sustainable development.

The Canadian Environmental Assessment Act is the legal basis for the federal environmental assessment process in Canada. Environmental Assessment is a tool designed to assist decision-makers and guide them though the decision-taking process related to a given project. EA puts forward the design and implementation of the proposed project before it proceeds.

In implementing the CEA Act at the federal level:

•       the proposed projects are carefully reviewed before federal authorities can take any action, and make sure that they do not cause significant negative environmental effects.

•       there is an opportunity for public participation and consultation in the EA process.

•       development in Canada, or on federal lands, does not cause significant negative environmental effects in the areas surrounding the proposed project.

•       federal authorities take actions that promote sustainable development.

•       there is improved cooperation and coordination on EAs between federal and provincial governments, as well as enhanced communication and cooperation between federal authorities and Aboriginal Peoples. (CEEA, 2009)

CNCSm Environmental Assessment process is somewhat different from EA processes at other federal departments and agencies because the Commission Tribunal is responsible for making most EA decisions under the Canadian Environmental Assessment Act.  If an EA is required for a particular project, the Commission must make the EA decision before considering if the project can proceed to licensing. (CNCS, 2009)

Generally, there are three main stages of the EA process at CNSC, each of which involves several steps (CNSC, 2009):

•        the applicant submits an application for a licence

•        CNSC personnel determine if an EA is require before for the project can proceed

•        in case an EA is needed, CNSC personnel determines what type of EA (screening or comprehensive study) required, in accordance with the CEA Act

•        CNSC drafts the EA guidelines, including the scope of the proposed project and the scope of the issues to be considered by the proponent in the EA

•        the Commission Tribunal makes a decision on the scoping information and on whether the EA should proceed or if it should be referred to a review panel

•        CNSC posts the relevant documents and information about the EA on the Canadian Environmental Assessment Registry and on its website

•         if it is decided that the EA is going to proceed, CNSC personnel or the proponent, if appropriate, undertake the technical studies required to assess the significance of the projectms potential environmental effects

•         the proponent is encouraged by CNSC to consult and inform the public and Aboriginal peoples about the project and on the technical studies

•         the potential environmental effects are identified and alternatives are developed to reduce or mitigate possible negative effects

•         CNSCms technical experts analyse and assess the proponentms technical studies and the Environmental Impact Statement

•         CNSC personnel prepare an EA report and inform and consult the public on its findings

•         the Commission Tribunal holds public hearings to make its decision on whether the project can proceed, based on the expected environmental impacts

•         if the project is to proceed, the proponent provides the final documents required to proceed with the licence application

•         CNSC personnel provide a recommendation on the licence to the Commission Tribunal for a final decision and a public hearing may be held for the public to provide input on the licence

•         if the project is approved, CNSC issues the required licence

 

The anticipated construction and operation of the potential structures that may be located in Lake Huron, may require approval or a determination under the Navigable Waters Protection Act.

Under Section 5 of the Navigable Waters Protection Act, Transport Canada must authorise projects with works that will be built or placed in, on, over, under, through or across navigable waters. Accordingly, an EA is needed under the Canadian Environmental Assessment Act as the Project represents a work within a navigable portion of Lake Huron for which Transport Canada authorisation is required. (EIS, 2008)

Transportation of new fuel bundles/assemblies to the site, as well as the eventual transportation of used fuel to a national central storage facility may require authorization under the Nuclear Safety and Control Act and the Transportation of Dangerous Goods Act. (EIS, 2008)

The construction of the structures to be located in Lake Huron also requires authorization under the Fisheries Act. Fisheries and Oceans Canada (DFO) has an obligation under the Fisheries Act to review and authorise projects that may constitute a Harmful Alteration, Disruption or Destruction (HADD) of fish habitat. As the Project could result in a HADD associated with changes to the existing shoreline and lakebed, DFO must authorise the Project to proceed, which necessitates an EA pursuant to the Canadian Environmental Act (EIS, 2008).

The Species at Risk Act (SARA), the Migratory Birds Convention Act and the Canadian Environmental Protection Act (CEPA) may also apply to the conduct of, and the effects of the project.

There are several provincial acts that may apply in the case of Bruce Power project:

•       Environment Protection Act

•       Water resources Act

•       Ontario Heritage Act

•       Lakes and Rivers Improvement Act

•       Endangered Species Act

•       Planning Act