Thank you, Madam Chair.
My name is John Barrett, and I am president and CEO of the Canadian Nuclear Association. With me today is Liam Mooney, vice-president of safety, health, environment quality, and regulatory relations with Cameco Corporation.
The Canadian Nuclear Association has approximately 100 members, representing more than 60,000 Canadians employed directly or indirectly in uranium mining and exploration, fuel processing, electricity generation, and the production and advancement of nuclear medicine.
Today, nuclear energy produces approximately 20% of Canada's non-emitting clean electricity, including 63% of Ontario's electricity. Of note is that, when the Ontario government committed to phasing out coal generation across the province, a major part of this commitment was made possible through the refurbishment of six reactors. Looking to the future, nuclear energy will play an increasingly important role in the overall low-carbon energy mix, as well as in nuclear medicine, advanced manufacturing, and electronics.
Canada's nuclear industry also works closely with indigenous peoples and communities, not only to enable proactive engagement but also to create mutually beneficial opportunities. As one example, Cameco has worked closely with indigenous communities in northern Saskatchewan for decades on environmental stewardship, community investment, employment, education and training, and contracting opportunities. Cameco has demonstrated the power of such partnerships in improving the economic and social well-being for communities and the benefits of working together to bring about real change.
I would like to preface our feedback today by highlighting, first, the concept of cumulative impact, which is a key issue not only with respect to the environment but also with respect to investment in Canada. Large energy projects require large amounts of capital, capital is fluid, and investors do not like uncertainty, so any new legislation, no matter how well intentioned, creates initial uncertainty.
Against this backdrop, CNA would like to offer the following comments and amendments for your consideration on Bill C-69.
Let's start with joint panels. The draft bill proposes that a single government agency be responsible for impact assessment reviews. In the case of the nuclear industry, the bill only provides for the option of an agency-led joint panel review. While joint panels are not new—we've had them in the past—CNA does not believe this will be an improvement over the current process.
Most of the potential impacts considered in relation to nuclear projects are related to radiation protection and international commitments on safeguards and non-proliferation. That work must be overseen by an agency with significant and specialized scientific expertise. The Canadian Nuclear Safety Commission, CNSC, is the only place in government with that expertise. The CNA believes that assessment should remain at the CNSC, as the most efficient and effective way of conducting reviews.
As a full life-cycle regulator, the CNSC licensing regime and regulatory framework already covers the entire life cycle of the project and is subject to the Nuclear Safety and Control Act and its regulations. This allows CNSC, the commission, not only to conduct the impact assessment in the planning phase of the project, but also to ensure that monitoring programs and follow-up conditions required by the impact assessment are directly integrated into the licensing process throughout the various stages of the projects. In this regard, our industry is unique, and the CNSC uniquely has the expertise to best manage our projects.
I'll turn now to the designated project list. Bill C-69 makes provisions for a designated project list to be created by regulation. This list determines what projects are subject to review by the new agencies, and by default, what projects will be reviewed by the life-cycle regulator, as is the case in the nuclear industry. It is difficult to fully consider the impact and consequences of the impact assessment agency without fully understanding what projects will come under the IAA review.
The CNA believes a facility or project should undergo one impact assessment for its life cycle. As drafted, proposed section 43 could be interpreted as to require an impact assessment for any activity at a facility regulated under the Nuclear Safety and Control Act. However, maintenance, technological, and capital upgrades are fully regulated by the life-cycle regulator, by provincial regulators, or by other federal authorities, and thus, there is no need for a new IA. Therefore, this could be clarified.
In addition, many of our sites are large and with significant space for new facilities, including new reactors and research facilities that could require an IA under the new agency. Most nuclear sites have undergone full environmental assessments. They have had continuous environmental monitoring and their environmental impact is well understood. If a new project were to occur on one of these existing sites, it should not require a full impact assessment, but rather, an assessment of the delta between what has already been done and what is now required. In our view, the delta assessment could be best done by the life-cycle regulator.
On timelines, CNA members have significant concerns over the proposed timelines. We understand and we appreciate the government's intention with an early planning phase, but are somewhat skeptical of the potential effectiveness.
As the early planning phase occurs after the proponent has provided an initial project description, the proponent will have already undertaken stakeholder engagement to ensure the business case and to have some degree of confidence that the issues can be mitigated. The CNA believes the current process already allows for the important early input and engagement from local communities, indigenous groups, and public stakeholders.
In addition to the uncertainty caused by creating a new agency-run early engagement process, Bill C-69 dramatically increases the scope of assessment, by adding several new elements of review. While the criteria, aims, and goals of environmental assessment are well understood and measurable, there is a great deal of uncertainty around some of the new elements of assessment. We would like to work with the government to provide greater definition on how the various elements are weighted in decision-making. Are all elements weighted equally? Is there a minimum weighting level that must be met?
Answers to such questions will help proponents factor these elements into their project descriptions and their early engagement with stakeholders. Also, our members have concerns about how closure will be achieved with respect to issues raised through the review process. It is our view that, without some decision-making procedure that allows closure on contentious issues, the new IA process will simply add uncertainty and increased timelines, create additional work with minimal project benefits, and result in multiple legal challenges.
I will now hand it over to Liam Mooney for our recommendations.