Analyzing Section 19: Federal Jurisdiction and Community Agreements
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 19 of the Initial Project Description, the Nuclear Waste Management Organization (NWMO) outlines the legislative framework for assessing the project’s effects. They establish the DGR as a federal undertaking subject to the Impact Assessment Act and oversight by the Canadian Nuclear Safety Commission (CNSC). A central claim is the successful completion of the site selection process in 2024, solidified through hosting agreements with the Township of Ignace and Wabigoon Lake Ojibway Nation (WLON). The proponent emphasizes a “graded approach” to risk and commits to triennial reporting on socio-economic effects.
Underlying Assumptions
Our review identified several critical assumptions embedded in the proponent’s text:
- That “willingness” is a settled milestone achieved in 2024, rather than a dynamic, ongoing process requiring continuous consent.
- That confidential agreements are sufficient to demonstrate social license to the broader public.
- That reporting on socio-economic impacts every three years (triennial) is frequent enough to capture and mitigate rapid changes in small communities.
- That deferring the description of specific “non-negligible adverse effects” to future regulatory phases allows for adequate current scrutiny.
Community Assessment
Our consultation team identified significant transparency gaps in the current description. A primary concern is that the hosting agreement with WLON remains confidential. Why this matters: Without public access to the non-confidential terms regarding environmental and social commitments, the broader community cannot assess the fairness or adequacy of the safeguards promised. Additionally, the text defers the specific details of potential adverse effects to future “preliminary risk screenings.” This prevents the community from evaluating concrete risks today. We also noted that the definition of “willingness” lacks transparent metrics, making it difficult to verify if the host communities remain truly informed and supportive as the project evolves.
Path Forward
To improve public trust and the integrity of the assessment, we recommend the following corrective measures:
- Transparency in Agreements: The proponent should release a high-level summary of the confidential WLON agreement, specifically outlining environmental and social safeguards without compromising proprietary financial details.
- Real-Time Monitoring: Socio-economic reporting must occur more frequently than the proposed three-year intervals to ensure impacts are mitigated in real-time.
- Define Willingness: A clear definition and methodology for maintaining “community willingness” should be provided to ensure ongoing consent.
- Immediate Risk Disclosure: The proponent should provide a preliminary list of anticipated adverse effects based on existing site characterization data now, rather than waiting for future phases.
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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