Consulting with Kebaowek First Nation on the near surface disposal facility

CNSC response to the Kebaowek First Nation versus Canadian Nuclear Laboratories Federal Court Decision

As Canada’s nuclear regulator, we are responsible for regulating the nuclear sector to protect health, safety, security and the environment. An important aspect of this work is our responsibility to consult and engage with potentially impacted Indigenous Nations and communities.

On this page:

• Judicial review decision
• Response and action plan
• Key documents and correspondence
• Related links

Judicial review decision

We have carefully reviewed the Federal Court’s decision to partially grant the judicial review filed by Kebaowek First Nation (KFN). This decision includes the direction to renew the consultation process relating to the independent Commission’s decision to amend the operating licence issued to Canadian Nuclear Laboratories (CNL), authorizing the construction of the near surface disposal facility (NSDF) at the Chalk River Laboratories site.

Response and action plan

To support our renewed consultation efforts, we are working with KFN and CNL on developing a response and action plan that is consistent with the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) and the direction of the Federal Court.

Our aim is to ensure a robust and transparent process to seek to obtain KFN’s free, prior and informed consent (FPIC) position on the NSDF project. These efforts will support the Commission’s reconsideration of its decision regarding the fulfillment of the duty to consult and accommodate in the context of the project.

CNSC response and action plan

Phase	Goals	Timeline
Planning with KFN and CNL	Restart consultation by: collaborating on a proposed approach with KFN and CNL establishing regular meetings with KFN and CNL developing a project plan and consultation protocol with KFN and CNL discussing KFN's FPIC process and options for coming to an agreement	Spring/summer 2025
Consultation implementation	Implement consultation by: collaborating with and supporting KFN and CNL with the community-informed FPIC process collaborating with KFN and CNL on carrying out the agreed-upon consultation process collaborating on potential options in order to come to agreement on the project addressing and responding to KFN’s concerns, questions and requests	Fall 2025/winter 2026
Reporting	Report on the agreed-upon consultation process and outcome by: collaborating with KFN on a submission and recommendations to the Commission that clearly documents and provides details on the consultation process, the related outcomes and recommendations, and KFN’s FPIC position and how it arrived at that position submitting the report (Commission member document) to the independent Commission to help inform its decision making	Spring/summer 2026
Decision making	Finalize the decision by: holding a Commission proceeding to make a redetermination on the duty to consult and accommodate in relation to the NSDF project in view of the principles articulated in the UN Declaration and, in particular, the FPIC standard.	Fall 2026

Key documents and correspondence

A list of official communications between the CNSC, CNL and KFN, and of other key documentation related to the consultation process is available on Open Government. This list includes letters and other forms of correspondence that document our mutual engagement, consultation and information-sharing efforts. Contact us to request a copy of any item on the list.

Related links

• Near surface disposal facility – Chalk River Laboratories
• Nuclear facility – Near surface disposal facility
• Indigenous engagement
• Implementing the United Nations Declaration on the Rights of Indigenous Peoples for major nuclear projects in Canada
• From Justice Canada:
  • Backgrounder: United Nations Declaration on the Rights of Indigenous Peoples Act
  • Implementing the United Nations Declaration on the Rights of Indigenous Peoples Act