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Judicial review scuttled by federal legislation
Bruce Power announced in May 2011 it was pulling back from its plan to transport 16 radioactive steam generators down the St. Lawrence River to Sweden for recycling. The utility was granted a licence to trans- port the metal generators in February 2011 by the Canadian Nuclear Safety Commis- sion. The licence expired February this year. “The judicial review applications request- ed the Federal Court quash, or set aside, the permits, but the permits themselves have now since expired and Bruce Power must re-apply if it wishes to proceed with this project,” said CELA lawyer Richard Lindgren. “More importantly, the former Act was re- pealed by Bill C-38, and the key questions of statutory interpretation raised in the ju- dicial review applications are no longer rel- evant under the new Act.” Sierra Club Canada and CELA turned to the courts in 2011 after the CNSC issued two permits to Bruce Power without con- ducting an environmental assessment in accordance with the Canadian Environmen- tal Assessment Act. The permits were issued despite serious objections and concerns presented to the CNSC by numerous organizations, individu- als, municipalities, and First Nation commu- nities.
GREG KIELEC greg.kielec@eap.on.ca
A judicial review of Bruce Power’s plan to ship 1,600 tonnes of nuclear waste down the St. Lawrence River to Sweden for re- cycling has been scuttled by a change in federal legislation. The Canadian Environmental Assessment was repealed by the federal government when it passed bill C-138, effectively killing applications for judicial review from Sierra Club Canada and the Canadian Environ- mental Law Association. The groups say they are nowwithdrawing their applications for a review of permits al- lowing Bruce Power to export the radioac- tive waste past numerous cities along the Great Lakes-St. Lawrence waterway, includ- ing Cornwall. The permits, issued by the Canadian Nuclear Safety Commission, expired after Bruce Power decided to delay its plan to ship 16 school-bus sized radioactive steam generators – each weighing one tonne - to Sweden for recycling. The plan was roundly criticized by envi- ronmentalists and municipal leaders from cities along both sides of the Great Lakes and St. Lawrence River – including Corn- wall city council and local Mohawk leaders --concerned about the potential of radioac- tive contamination if a shipping accident were to occur. “In our opinion, Bruce Power is attempt- ing to pull a bait-and-switch that threatens communities and changes Canada’s policy on nuclear waste without any public input or debate,” said John Bennett, executive di- rector of Sierra Club Canada. But in a statement issued last week, Bruce Power said the proposal to recycle steam generators and recent changes to the Cana- dian Environmental Assessment Act were unrelated. “Bruce Power currently has no update to provide on the option to safely recycle steam generators. If we choose to proceed with the proposal at a later date, we would be required to re-apply to the CNSC for a permit that expired earlier this year. Chang- es to the Canadian Environmental Assess- ment Act have no impact on this. In fact, it was determined previously, under the act of the time, our proposal to safely recycle this material did not require such an assess- ment.” The statement concludes: “Many anti- nuclear groups such as the Sierra Club con- tinue to provide inaccurate information sur- rounding this issue. Independent experts have confirmed the option to safely recycle steam generators was consistent with inter- national best practice to reduce, reuse and recycle. In addition, numerous authorities confirmed the proposal posed no health or safety impact to the public or environment.”
A judicial review of how Bruce Power was given the okay to ship 1,600 tonnes of nuclear waste down the St. Lawrence River to Sweden for recycling has been pre- empted by a change to federal environmental legislation.
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