How environmental reviews work
What is an environmental review
The Canadian Nuclear Safety Commission (CNSC) regulates the use of nuclear energy and materials to protect the environment and human health and safety. An environmental review is a planning tool that helps guide the decision-making process by assessing the potential environmental impacts of a proposed project throughout its lifecycle, with the goal of preventing or mitigating all significant adverse environmental effects.
Types of environmental reviews
All proposed new nuclear projects in Canada are subject to at least one type of environmental review, in addition to being required to undergo the CNSC’s technical licensing process in accordance with the Nuclear Safety and Control Act (NSCA). This page provides information on the different types of environmental reviews that may be applicable to proposed nuclear projects and activities.
Regardless of the type of environmental review that applies to a new nuclear project, all proposed projects will undergo a thorough and rigorous technical regulatory review. A licence for a nuclear facility or activity is not granted unless the CNSC’s independent Commission is satisfied that the activity can be carried out safely and that the environment and the health and safety of persons will be protected.
Integrated assessments
Integrated assessments
Legislation: Impact Assessment Act
Process
Major new nuclear projects with the greatest potential for impacts in areas of federal jurisdiction are identified as designated projects (listed in the Physical Activities Regulations) and are required to undergo an integrated assessment led by the Impact Assessment Agency of Canada (IAAC), in collaboration with the CNSC. The integrated assessment process must meet the requirements of both the Impact Assessment Act (IAA) and the NSCA. The assessment looks at both the positive and negative environmental, economic, social and health impacts of the proposed project, as well as potential impacts on Indigenous peoples and their rights.
Decision maker
The Government of Canada appoints an integrated review panel to the project to collect information, hold public hearings, and submit recommendations through an impact assessment report to the federal Minister of Environment and Climate Change. The impact assessment report is reviewed by the Governor in Council and if the proposal is determined to be within the public interest, the Minister will then issue a decision statement, which may include enforceable conditions. The integrated review panel, as a panel of the Commission, can then make its decision on the licence application for the proposed project.
Role of the CNSC
As the sole nuclear lifecycle regulator in Canada, the CNSC supports the integrated assessment process and ensures that all the requirements of the NSCA are met for the licence application. The CNSC is also responsible for the compliance of the project, if it proceeds, and all technical assessments for subsequent licence applications and amendments. Pursuant to the NSCA, the CNSC’s independent Commission would be the decision maker for those subsequent licences.
The CNSC has a memorandum of understanding with IAAC, which outlines the collaboration between the 2 partners in conducting an integrated assessment under the IAA.
Participation opportunities
There are numerous opportunities for Indigenous and public participation throughout the integrated assessment process, including:
- providing comments or submissions on the Canadian Impact Assessment Registry
- applying for participant funding (if eligible)
- collaborating on products and processes (when applicable)
- participating in public hearing(s)
IAAC and the CNSC engage and consult with Indigenous Nations and communities early on in and throughout the integrated assessment process.
Resources
Federal lands assessments
Federal lands assessments
Legislation: Impact Assessment Act
Process
When a nuclear project is proposed on federal lands and it is not identified as a designated project in the Physical Activities Regulations and is not captured in the Order Designating Certain Excluded Classes of Projects, a federal lands assessment must be conducted pursuant to the IAA.
As described in the IAA, federal lands include lands that belong to the Government of Canada and those that the Government of Canada has the power to dispose of. Therefore, federal lands assessments would be required for proposed projects located on lands that belong to and/or are managed by crown cooperations, such as Atomic Energy of Canada Limited.
Decision maker
All participating federal authorities are required to make a determination as to whether the proposed project is likely to cause significant adverse environmental effects. The CNSC’s independent Commission considers staff’s assessment and recommendations during its public licensing proceedings, and will make this determination on behalf of the CNSC prior to making its licensing decision on the proposed project.
Role of the CNSC
When an NSCA licence is required in order for the proposed project to proceed, the CNSC will participate in the federal lands assessment as a federal authority, along with other implicated or relevant federal authorities; each makes its own determination.
Participation opportunities
There are various opportunities for Indigenous and public participation throughout the federal lands assessment process, including:
- providing comments or submissions on the Canadian Impact Assessment Registry
- applying for participant funding (if eligible)
- participating in public hearing(s)
Resources
Previous federal environmental assessment legislation
Previous federal environmental assessment legislation
Legislation: Canadian Environmental Assessment Act, 2012
Process
The CNSC is currently conducting federal environmental assessments for several nuclear projects proposed when the Canadian Environmental Assessment Act, 2012 (CEAA 2012) was in force. It has now been succeeded by the Impact Assessment Act but some projects continue to be reviewed by the CEAA 2012 process. The purpose of the process is to identify, predict and evaluate the potential adverse environmental effects of a proposed project.
Decision maker
The CNSC’s independent Commission will make its decision as to whether the project is likely to cause significant adverse environmental effects prior to making its licensing decision.
Role of the CNSC
The CNSC is the responsible authority for the assessment of designated projects that include activities regulated under the NSCA. CNSC staff run concurrent environmental assessment and licensing processes, seeking support from other federal agencies and provincial ministries as needed. CNSC staff recommendations will be presented to the Commission in an environmental assessment report and a Commission member document.
Participation opportunities
There are numerous opportunities for Indigenous and public participation throughout the federal environmental assessment process, including:
- providing comments or submissions on the Canadian Impact Assessment Registry
- applying for participant funding (if eligible)
- collaborating on products and processes (when applicable)
- participating in public hearing(s)
Resources
Environmental protection reviews
Environmental protection reviews
Legislation: Nuclear Safety and Control Act
Process
An environmental protection review is an evidence-based technical assessment conducted by CNSC staff as per the Nuclear Safety and Control Act. These reviews are a component of the overall licensing technical assessment conducted by CNSC staff when a proponent or licensee submits a licence application or amendment.
Decision maker
After considering the recommendations from the technical assessment conducted by CNSC, and other evidence, the CNSC’s independent Commission will decide whether the proposed project is safe and can proceed in its licensing decision.
Role of the CNSC
CNSC staff will conduct a technical assessment to determine whether a proponent will make adequate provision for the protection of the environment and the health and safety of persons. Support from other federal agencies and provincial departments may be requested through domestic arrangements such as memoranda of understanding.
Participation opportunities
There are various opportunities for Indigenous and public participation throughout the environmental protection review process, including:
- collaborating on products and processes (when applicable)
- applying for participant funding (if eligible)
- participating in public hearing(s)
Resources
Environmental assessments led by other jurisdictions
Environmental assessments led by other jurisdictions
Legislation: Various
Process
Proposed nuclear projects and activities may require an assessment under provincial, territorial or land claim agreement legislation. When applicable, the assessment would be led, and the decision would be made, by the leading jurisdiction.
Decision maker
The decision maker would depend on the applicable provincial, territorial or land claim legislation.
Role of the CNSC
The CNSC may provide technical expertise to the leading authority of the assessment, if requested or required. If an applicant submits a license application under the NSCA at the same time, the 2 processes will be coordinated to the extent possible.
Participation opportunities
Opportunities for participation in the process would depend on the applicable provincial, territorial or land claim legislation.
Other applicable authorizations and licences
Proposed new nuclear projects and activities may also require that certain permits or licences be obtained from other federal and provincial authorities, such as authorizations under the Fisheries Act or the Species at Risk Act. CNSC staff may support the permitting or licensing process by providing technical expertise, and the applicable permits and licences would be considered in the CNSC’s licensing process and technical assessment.
Resources
Page details
- Date modified: