Understanding the Multi-Jurisdictional Regulatory Framework for the Revell Site
This article is part of a series exploring the views and perspectives of youth, artists and community members working with the Melgund Integrated Nuclear Impact Assessment Project. This initiative is a climate entrepreneurship and arts-based community recreation program, developed through community consultation, engagement participation in the integrated impact assessment process for the NWMO’s proposed Deep Geological Repository for nuclear waste fuel.
What is Proposed
In Section 18 of the Initial Project Description, the proponent outlines a complex, multi-layered regulatory environment governing the proposed project. The Nuclear Waste Management Organization (NWMO) identifies the project as a federal undertaking subject to the Impact Assessment Act (IAA) and the Nuclear Safety and Control Act (NSCA). Crucially, the proposal highlights the Wabigoon Lake Ojibway Nation’s (WLON) Regulatory Assessment and Approvals Process (RAAP) as a distinct jurisdictional authority grounded in Anishinaabe law. The proponent also lists numerous potential provincial permits required from Ontario, ranging from water taking to species at risk, while noting that federal jurisdiction generally supersedes provincial requirements in the event of a conflict.
Underlying Assumptions
Our review of the regulatory strategy identifies several implicit assumptions that guide the proponent’s approach:
- It is assumed that federal and provincial jurisdictional boundaries are sufficiently clear to prevent legal disputes, despite the admission of “uncertainty” regarding which provincial laws apply.
- The strategy assumes that complying with WLON’s RAAP satisfies the primary Indigenous regulatory requirements, potentially minimizing the need for distinct regulatory processes with other regional Indigenous nations.
- It is assumed that regulatory documents currently listed as “to be published” (such as specific volumes of REGDOC-2.11.1) will align seamlessly with the project’s current design and safety case.
- The proponent assumes that standard lists of potential permits are sufficient for this stage, without yet mapping specific local environmental features (like specific water bodies or habitats) to those permits.
Community Assessment
The community’s assessment reveals significant concerns regarding the practical application of this multi-jurisdictional framework. While the recognition of WLON’s RAAP is a positive step toward Indigenous sovereignty, the narrative analysis suggests a critical gap in regional inclusivity. By focusing almost exclusively on WLON, the proponent risks overlooking the jurisdictional claims and traditional laws of other Indigenous groups in the region, which could lead to social friction and incomplete consultation.
Furthermore, the identified “uncertainty” regarding the applicability of Ontario provincial laws is a major point of contention. For the community, this is not merely a legal technicality; it represents a potential gap in environmental oversight. If federal supremacy is used to bypass specific provincial protections—such as those for local water taking or species at risk—without a clear equivalency framework, local ecosystems could be left vulnerable. The reliance on “potential” permits rather than site-specific mapping further suggests that the environmental impact strategy is not yet fully integrated with the regulatory compliance strategy.
Path Forward
To address these findings, we recommend the following corrective measures be adopted in the Detailed Project Description:
1. Develop a Jurisdictional Coordination Plan: The proponent must move beyond listing regulations and create a formal plan that explicitly maps overlaps between federal, provincial, and Indigenous requirements. This plan should establish a clear hierarchy or equivalency framework to ensure no environmental standards are lowered due to jurisdictional disputes.
2. Create a Procedural Roadmap: A detailed roadmap is required to show how the WLON RAAP integrates with the federal Impact Assessment. This includes specific timelines for information sharing and clarity on how Indigenous-led findings will weigh into federal decision-making.
3. Expand Indigenous Regulatory Engagement: The proponent should clarify if and how other potentially affected Indigenous nations will have their own regulatory or assessment processes recognized, ensuring the project adheres to broader principles of regional inclusivity.
About the Integrated Assessment Process
The federal Impact Assessment Agency of Canada (IAAC) has formally launched the integrated impact assessment process for the proposed Deep Geological Repository (DGR) for Canada’s Used Nuclear Fuel Project, a major national infrastructure initiative led by the Nuclear Waste Management Organization (NWMO).
The proposed underground repository is designed to permanently contain and isolate used nuclear fuel in a secure geological formation. Wabigoon Lake Ojibway Nation and the Township of Ignace have been selected as host communities for the project. The site is located approximately 21 kilometres southeast of Wabigoon Lake Ojibway Nation and 43 kilometres northwest of Ignace, Ontario, near Highway 17.
According to project materials, the repository would provide permanent storage for approximately 5.9 million bundles of used nuclear fuel. The full lifecycle of the project is expected to span roughly 160 years, including site preparation, construction, operations, closure, and long-term monitoring.
Integrated Federal Review
Major nuclear projects in Canada are subject to an integrated assessment process jointly led by the Impact Assessment Agency of Canada and the Canadian Nuclear Safety Commission (CNSC). This “one project, one review” approach is intended to streamline regulatory oversight while ensuring rigorous evaluation of environmental, health, social, economic, and Indigenous rights impacts.
Under this framework, IAAC oversees the impact assessment requirements under the Impact Assessment Act, while the CNSC regulates nuclear safety under the Nuclear Safety and Control Act. The CNSC will issue the initial site preparation licence and manage all subsequent nuclear licensing for the project’s duration.
The integrated assessment also includes a focus on potential impacts on Indigenous Peoples, including rights, land use, cultural practices, health, and socio-economic conditions. Where potential adverse effects are identified, the process is intended to identify mitigation measures to reduce or avoid harm.
Public Comment Period Now Open
The first public comment period for the project is currently open and will run until February 4, 2026. During this phase, the public is invited to provide feedback on the Summary of the Initial Project Description submitted by the NWMO. Submissions received during this period will inform IAAC’s summary of issues, which will guide the next stages of the impact assessment. All comments submitted become part of the public project record and are posted to the federal Impact Assessment Registry.
This plain-language summary is provided by ECO-STAR North and Art Borups Corners to support public engagement.
Disclaimer: The views and perspectives expressed in this article are solely those of the independent arts program led by ECO-STAR North and Art Borups Corners. They do not reflect the official positions of the Nuclear Waste Management Organization (NWMO) or the Government of Canada.
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