This series of papers is designed to outline the current relevant legal, administrative and institutional requirements that may be applicable to the long-term management of spent nuclear fuel in Canada, including legislation, regulations, guidelines, protocols, directives, policies and procedures of various jurisdictions.

7.1 Status of the Legal and Administrative Arrangements for Waste Management in Canada

OCETA (Ontario Centre for Environmental Technology Advancement) ON CAN

This background paper provides general information about hazardous waste - definition, classification, quantity handled in Canada and transport and documentation required for hazardous waste. The key elements of the evolution of waste management are presented, and also a hierarchy for environmental protection is described in which Canada’s approach is classified as between “Pollution Control” and “Pollution Prevention.”

The federal, provincial and municipal regulatory and policy regime is presented and there is a description of the main acts that form the legal framework, such as the Canadian Environmental Protection Act (CEPA) and the Transportation of Dangerous Goods Act (TDGA), the Regulations pertaining to Export and Import of Hazardous Waste (EIHW), and also the Metal Mining Effluent Regulations (MMER). In addition, key legislation is surveyed for each of ten provinces and three territories. The municipal role in hazardous waste management is also described.


Author Biographies

Ontario Centre for Environmental Technology Advancement (OCETA)

Dr. S. Ed Mallett, President and CEO

Dr. Mallett began as Director for the Ontario Centre for Environmental Technology Advancement (OCETA) in 1993 when OCETA was still in the conceptional stage. He was one of the key members to develop the proposals and documents necessary to obtain approval and support from the federal and provincial governments.

The majority of Ed’s career was spent working for ICI Canada where he held senior management positions in Research, Corporate Planning, Business Development, and Production. Also, as group President of Specialty Chemicals, Ed was directly responsible for several businesses including Chemical Distribution, Water Treatment Chemicals, Oilfield Services, and served as a Director of Tricil Waste Management during its period of most rapid growth.

After leaving ICI, Ed acted as a consultant for Canadian Venture Founders, a new venture fund centralized on start-up and early stage technology organizations, and was President of Turbotak Technologies Inc.

Born in Barrow-in-Furness, England, Ed’s educational background consists of a BSc Honours and a PhD in Chemistry obtained at Manchester University in England.

Adele Buckley, Vice President Technology and Research

Adele Buckley is responsible for leadership in all technology areas at OCETA. Some highlights include:

  • Leader of technical document development team for ETV-AM (Environmental Technology Verification-Arsenic Mitigation) Program in Bangladesh. Laboratory Testing Protocol, Field Testing Protocols, Verification Protocols
  • Service to SMEs, assisting commercialization of new environmental technologies - Technical, strategic alliance formation, business strategy, publication of technical profiles, marketing analysis, and financial brokerage
  • Mercury Amalgam Separation Test and Verification Protocol, a development project for Environment Canada leading to implementation of the CWS (Canada Wide Standard)
  • Technical support to ETV Canada applicants for technology verification
    and the following examples indicate the range of completed projects:-
  • Database for OCETA programs in sustainable development and eco-efficiency
  • Greenhouse Gas and Climate Change – many projects
  • Applications for Emission Reduction Credits for SME clients. Review Committee of Clean Air Canada Inc.
  • ETV Training in China for Phase II of CIDA sponsored project.

Adele Buckley has focussed on development of innovative technology, from first concept through to full commercialization and international sales. She has worked extensively in practical applications of physics, engineering, software and chemistry, with both private and university technology developers. Dr. Buckley obtained a Ph.D. in Aerospace Engineering at the University of Toronto, and holds the degrees of M.Sc. and B.Sc.Hons., Physics, at the University of Alberta.

Adele Buckley was a founding partner in Sciex (now Sciex Division of MDS Inc.), a Canadian company that develops, designs and manufactures mass spectrometer systems, used for high sensitivity chemical analytical work in a broad spectrum of industries and institutions. Technology transfer from the University of Toronto started the company and was based on her Ph.D. thesis. Adele Buckley was responsible for product design and development for the company’s air chemistry ultratrace detectors – the Mobile TAGA System, the TAGA Tandem Quadrupole, and the AROMIC Cargo Examination System. Further development technology has led to widespread use in the pharmaceutical industry for new drug development, and for proteomics, at the leading edge of biotechnology.

At Solarchem Environmental Systems, she was responsible for the product development of the Rayox™ UV/Oxidation System, used for the destruction and detoxification of hazardous contaminants in chemical process water and groundwater. Technical and scientific work included photochemistry, UV and corrosion resistant materials, high voltage high power electrical systems, process control, ozone contacting, catalyst development and solar detoxification.

Viive Sawler, Marketing Manager, OCETA

As Marketing Manager, Viive Sawler is responsible for the marketing and promotion of various government-sponsored programs delivered under contract by OCETA to improve the sustainable development performance of industry in Ontario and Canada-wide.

Ms. Sawler has most recently focused her efforts on designing, developing and implementing marketing and communication tools to attract a continual stream of small-to-medium sized manufacturing (SMEs) clients to several of OCETA’s community-based sustainable development programs. These programs are designed to demonstrate an integrated approach to pollution prevention planning and eco-efficiency leading to significant reductions in toxics and hazardous wastes as well as Smog precursors. By helping companies to achieve these reductions, these programs also assist companies in meeting the environmental regulatory requirements of federal, provincial and municipal governments.

Ms. Sawler is also responsible for promoting and raising awareness about the Ontario Waste Materials Exchange (OWME), a sophisticated information network providing users with improved online access to available and wanted materials, a searchable market directory, fact sheets, educational resources, success stories and new links to an expanded network of private, public and not-for-profit organizations. The OWME is the most successful waste exchange program in Canada.

Ms. Sawler possesses strong communication and writing skills that have proven instrumental in securing new clients through established and trusted networks and have led to the publication and production of valuable marketing materials, brochures and articles for OCETA’s core group of programs.

Ms. Sawler has over 12 years of professional and academic experience in the business and environment field. She was with Loblaw Companies Limited for 5 years, as Manager of Environmental Affairs, and prior to joining OCETA in 1999, was a senior consultant at IndEco Strategic Consulting Inc., responsible for managing and completing major client projects where she researched, analyzed and reported on waste management, producer responsibility, deposit-return systems, municipal recycling programs, environmental management and planning and other environment/economy issues.

Ms. Sawler holds a Master’s degree in Environmental Studies in the Area of Business and the Environment from York University and a Bachelor of Arts (Hons.) degree in Political Science from Queen’s University.

Stacy Jones, Program Coordinator, Ontario Waste Materials Exchange (OWME)

Stacy Jones has a diploma in Environmental Technology Cooperative Education from the College of the North Atlantic, Corner Brook, Newfoundland and is presently completing a Bachelor of Technology Environmental Studies through distance education at the University College of Cape Breton, Sydney, Nova Scotia.

Ms. Jones is Program Coordinator for the Ontario Waste Materials Exchange, a waste management information service. In this capacity, she is responsible for the day-to-day operation of the program. Ms. Jones has extensive knowledge and experience in facilitating the transfer of “waste” material between companies, provincially, nationally and internationally. In her role as exchange facilitator, Ms. Jones has developed both the knowledge and required industry and government contacts needed to address the logistical arrangements for the management of waste materials.

Other program responsibilities include: developing and maintaining a directory of companies that provide reduction, reuse, recycling and waste management services; and identifying research and development opportunities for turning waste by-products into valuable resources.

Ms. Jones is also experienced in national and international research projects. She has conducted detailed research initiatives through internet-based research, literature review, and direct contact with relevant stakeholders. Ms. Jones has strong research skills and has demonstrated the ability to extract and compile required information from a vast array of sources. Most recently she completed an international search and compilation of environmental efficiency case study projects.

7.2 Status of the Legal and Administrative Arrangements for Low-level Radioactive Waste Management (LLRWM) in Canada

Paul Rennick, Rennick & Associates, ON CAN

This paper describes the current situation with respect to LLRW Management in Canada. The key legal and administrative arrangements are summarized followed by some lessons learned from the application of low-level policies, procedures and facility siting processes that may be helpful for long term management of used nuclear fuel.

Low-level radioactive wastes that result from the nuclear fuel cycle are classified according to administrative responsibilities including Historic Wastes, On-going Wastes and Mine and Mill tailings. The Canadian classification of LLRW is compared with the USA and France. LLRW management policy established by the federal government is reviewed and the paper discusses how nuclear power utilities and users of radioisotopes for diagnostic purposes manage their LLRW. Natural Occurring Nuclear Materials, which are a provincial responsibility, are also summarized.

The Canadian Nuclear Safety Commission licenses all owners and producers of LLRW according to its Regulations. While there is no facility for the long term management of LLRW in Canada, On-going LLRW are well managed according to terms of licenses issued by the CNSC for the short term. The federal government has accepted responsibility for the management of Historic LLRW administered by the Low-level Radioactive Waste Management Office of Atomic Energy of Canada Limited. Lessons learned from this program are noted. Suggestions for further observations are also included.


Author Biography

Paul Rennick, Rennick & Associates

Mr. Paul Rennick is principal, Rennick & Associates. He has many years’ experience in interdisciplinary projects where integrated, ecosystem-based management and environmental protection are of prime importance. He has a Masters Degree in Regional Planning and Resource Development from the University of Waterloo. As a skilled ecologist with strong communication skills, Mr. Rennick is able to bridge scientific and social/political issues.

Mr. Rennick was invited by the Canadian Federal Government to chair a Task Force charged with designing and implementing a less confrontational and more cooperative site selection process aimed at locating a LLRW management facility the province of Ontario, Canada. The process is included in a document entitled Opting for Cooperation published by Natural Resources Canada.

Mr. Rennick is a former Director of the Environmental Assessment Branch, Ontario Ministry of Environment. His duties included administration of the EA Act and staff, consultation with proponents, the government review team, and the public, formal review of EA documents, preparing legal documents for Cabinet approval and for streamlining the EA process.

Currently, Mr. Rennick is advising two watershed working groups in the Philippines on the design and implementation of an Ecological Monitoring & Evaluation Framework. The project is funded by the Canadian International Development Agency (CIDA) and is using a “learning-by-doing” approach.

Recently, Mr. Rennick, together with Royal Thai Government officials, NGO’s and local citizens developed a Management Framework for Sustainable Development, funded by the CIDA. The Framework is currently being implemented at the Provincial level in Thailand in an effort to move the country towards sustainable development.

Mr. Rennick taught Environmental Assessment at Trent University, Peterborough, Canada and has recently prepared a training module on Effectiveness of EA for CIDA.

Mr. Rennick has worked for a wide range of public and private clients including the Canadian International Development Agency, Environment Canada, Natural Resources Canada, the provinces of Ontario and Alberta, INCO Metals and Ontario Hydro.

7.3 Status of the Legal and Administrative Arrangements for High-level Radioactive Waste Management (HLRWM)

Mark Madras & Stacey Ferrara, Gowling Lafleur Henderson LLP , ON CAN

This paper reviews the evolution of legal and administrative arrangements for high-level radioactive waste management in Canada. Canada’s Nuclear Fuel Waste Act and the Nuclear Safety and Control Act are relevant to the management of high-level radioactive waste. The Nuclear Fuel Waste Act provides a framework for a future decision in Canada regarding the long-term management of nuclear fuel waste based on a comprehensive, integrated and economically sound approach. This Act provides for the establishment of the NWMO and describes the duties of the organization: to present the Government of Canada with potential approaches and realistic recommendations for the management of nuclear fuel waste; and to implement the adopted approach. The Nuclear Safety and Control Act gives the CNSC the authority to issue licences for the mining, production, refining, conversion, enrichment, processing, reprocessing, packaging, transportation and management of nuclear substances and decommission of facilities. All of the stages involved in the disposal of nuclear substances, including interim and long-term storage and disposal and any transportation between, will require a CNSC licence. Other Canadian laws of general application that are relevant to aspects of the management of high-level nuclear waste include the Canadian Environmental Assessment Act, and the Transportation of Dangerous Goods Act, 1992.

The paper also highlights various provincial and territorial legislation and regulations addressing nuclear substances, as well as a number of international treaties and conventions that Canada has ratified related to the management of radioactive waste and nuclear substances.


Author Biography

Gowling Lafleur Henderson LLP
Mark Madras

Mark Madras is the Leader of the firm’s Environmental Law National Practice Group and a senior member and former Leader of its Transportation Law National Practice Group. He is certified by the Law Society of Upper Canada as a Specialist in Environmental Law and is recognized by the Lexpert Canadian Legal Directory as a leading practitioner in Canada of environmental and transportation law. Mr. Madras has been recognized by the Euromoney publication as among the world’s leading environmental lawyers. Mr. Madras has over 26 years of practice experience.

Mr. Madras has appeared as counsel before the Canadian Nuclear Safety Commission and its predecessor the Atomic Energy Control Board. He was a leader of the Gowlings’ team that designed and instructed a course for staff and members of the Canadian Nuclear Safety Commission upon the implementation of the Nuclear Safety and Control Act. Mr. Madras was also lead counsel on an application to the Commission for approval of the first decommissioning of a nuclear reactor in Canada.

Mr. Madras counsels commercial and industry association clients with respect to a variety of environmental regulation and liability concerns, including toxic substance and new substance regulation, contaminated lands, air and water emissions, dangerous goods transportation, waste management, international compliance and remedies, facility auditing, risk assessment, environmental reporting, emergency preparedness, environmental issues in commercial transactions, and corporate as well as officer and director environmental compliance concerns. He represents clients before courts and administrative tribunals, including in prosecutions, civil claims and appeals of administrative Orders. He also serves as an advocate for clients in environmental dispute resolution processes. He has been accredited as an arbitrator by the Arbitration and Mediation Institute and has been trained as a mediator.

Mr. Madras is a frequent speaker and writer on environmental law matters and has appeared at numerous privately organized continuing education conferences and industry association gatherings, as well as client and law firms sponsored information forums. He has written and spoken on a wide range of environmental topics, including hazardous materials management, environmental auditing, and current trends in environmental law and regulation.

Mr. Madras is a member of the Law Society of Upper Canada, the Environmental Law Section of the Canadian Bar Association (Ontario) (a former member of the Executive of the Section), the Canadian Transport Lawyers’ Association (a former Ontario Director and member of the national Executive) and the Transportation Lawyers Association. Mr. Madras is past President of the Association for Transportation Law, Logistics and Policy, an organization of lawyers and transportation professionals from across North America. He currently serves on the Board of Directors of Pollution Probe.

Called to the Ontario Bar in 1976, Mr. Madras received his law degree from Osgoode Hall Law School. Prior to joining Gowlings, he was a partner with Saul, MacLeod & Madras.

Stacey Ferrara

Stacey Ferrara is an associate in Gowlings’ Environmental, and Real Estate and Urban Development National Practice Groups. Her practice is primarily concentrated in environmental law.

Ms. Ferrara has worked in both the federal and municipal levels of government in past employment positions that she has held with Environment Canada, the Department of Fisheries and Oceans, and the City of Waterloo.

Throughout her employment with Gowlings, Ms. Ferrara has frequently contributed to the Environmental Bulletin and also co-authored “Is it a Crime to Burn Oil Wells?” which was published in the energy@gowlings newsletter. Ms. Ferrara also contributed to the review of legal environmental issues written by Gowlings’ Environmental National Practice Group for the Canadian Environmental Directory.

Ms. Ferrara received her Bachelor of Laws from the Faculty of Law at Dalhousie University in Halifax, Nova Scotia. Upon graduation, she also received recognition for her concentrated studies in the areas of environmental and business law. While attending law school, Ms. Ferrara acted as a student-body representative and was also the President of the law school’s student government, the Law Students’ Society. Throughout law school, Ms. Ferrara worked as a research assistant for the school’s Marine Environmental Law Program. She co-authored “The Arctic Environmental Protection Strategy: Tinkering While the Arctic Marine Environment Totters” which was written for the Law of the Sea and Polar Maritime Delimination and Jurisdiction. An expanded version of this article has also been published in the Denver Journal of International Law and Policy. Ms. Ferrara also co-authored the report on the Arctic for the 2001 Yearbook of International Environmental Law.

Prior to attending law school, Ms. Ferrara attended Wilfrid Laurier University where she earned an Honours Bachelor of Arts while majoring in environmental studies with a minor concentration in political science. She was called to the Ontario Bar in 2003 and is a member of the Ontario Bar Association.

7.4 Legal and Administrative Provisions for Radioactive Waste Management within the North American Free Trade Agreement (NAFTA)

Aaron Cosbey, BC CAN

This paper surveys Canada’s rights and obligations under the North American Free Trade Agreement (NAFTA) in an effort to better understand what they imply for transboundary movement of radioactive waste and, by implication, to the choices Canada will have to make in selecting or approving a management approach for such waste.

Radioactive waste is a good under NAFTA law (and may also be considered an energy and basic petrochemical good), and as such is subject to prohibitions on import and export bans. These prohibitions must be read together with other NAFTA provisions, though, including exceptions to the rules on the grounds of environment and human health, and national security—exceptions which might be used to justify trade bans. Such bans might also be justified by other treaties to which Canada and the US are Parties.

Any standards-related measures related to trade must follow rules designed to prevent protectionism, none of which are likely to pose problems for the Canadian management regime.

The final organization shape of the NWMO matters; if it were designated a monopoly supplier of services, it would have to provide radioactive waste management services to US or Mexican importers of waste, and if it were not, it would be subject to challenge by US or Mexican competitors demanding equal treatment. Neither of these scenarios is likely, but their possibility should inform the choices ahead.


Author Biography

Aaron Cosbey

Aaron Cosbey is an environmental economist with over 11 years experience working on the interface of trade law and the environment. He is an Associate and Senior Advisor on Trade and Investment at the International Institute for Sustainable Development (Winnipeg), and a Senior Associate at Resource Futures International (Ottawa). He sits on the Minister of Trade’s Environmental Sectoral Advisory Group on International Trade, where he chairs the Working Group on the Free Trade Area of the Americas. He is also a member of the Deputy Minister for International Trade's Academic Advisory Council on Canadian Trade Policy. He is a peer reviewer for the journals World Trade Review and Ecological Economics.

He is a regular advisor to the North American Council for Environmental Cooperation on the environmental implications of NAFTA law, with a focus on Chapter 11. He has been contracted by such organizations as DFAIT, the United Nations Conference on Trade and Development, and the Mining, Minerals and Sustainable Development Project (industry-led initiative) to advise on the potential conflicts between trade law and multilateral environmental agreements such as the Basel Convention and the Kyoto Protocol, and (for IISD) the Biosafety Protocol.

7.5 Status of Canadian Expertise and Capabilities related to High-level Radioactive Waste Management (HLRWM)

George Bereznai, UOIT (University of Ontario Institute of Technology), ON CAN

This background paper provides an overview of the current status of Canadian expertise and capabilities related to high-level radioactive waste management (HLRWM). Storage of spent fuel at the reactor site, deep geological disposal in the Canadian Shield, and centralized storage/disposal above or below ground are the three currently recognized alternatives. The total time frame, for selecting the waste management method and to begin placement of spent fuel and other high-level radioactive waste in a permanent facility, is estimated to be 25 years. Based on a survey of 41 Canadian Companies, 8 Universities, and 9 Government Agencies/ Departments with involvement in HLRWM, it was concluded that the necessary expertise and capability exist to implement the presently defined three alternatives. Because of the long timelines involved, all the above parties will need to take responsibility to ensure that the present levels of expertise and capabilities are maintained and new skills are developed, as the phases of the HLRWM project progress and as the waste management method to be implemented is finalized.


Author Biography

Dr. George Bereznai

Dr. George Bereznai has been Professor and Dean of the School of Energy Engineering and Nuclear Science since December 1, 2001, at the University of Ontario Institute of Technology, in Oshawa, near Toronto in Canada.

Between 1995 and 2001 Professor Bereznai was Atomic Energy of Canada Limited’s Chair Professor in Nuclear Engineering at Chulalongkorn University in Bangkok, Thailand. He was responsible for the planning and delivery of a human resources development project that included the design of university curricula, the mentoring of faculty members, and conducting educational and professional development courses. He has also taught at universities in China, Vietnam and Indonesia.

Prior to the Thailand project, George had worked for 25 years in Ontario Hydro’s nuclear division, responsible for full scope training simulators and the use of computers in training. He was professor (part-time) at McMaster University in the 1980s, teaching in the nuclear engineering program.

George received his early education in Hungary, the Bachelor of Engineering degree from the University of Adelaide in Australia, the Master of Engineering and Ph.D. degrees, all in electrical engineering, from McMaster University. His research interests are computer control of nuclear power plants, real time simulation, and educational technology. He is a member of the Board of Directors of the University Network of Excellence in Nuclear Engineering, and the Canadian Nuclear Association.

7.6 A Comparative Overview of Approaches to Management of Spent Nuclear Fuel and High Level Wastes in Different Countries

Charles McCombie & Bengt Tveiten


Author Biography

Charles McCombie

Charles McCombie, is an independent strategic and technical advisor to various national and international waste management programmes. He has over 30 years experience in the nuclear field, 25 of which are in radioactive waste management. He is an author or co-author of over 150 published papers. For 20 years, he was scientific and technical director of Nagra, the Swiss Cooperative for the Disposal of Radioactive Waste. Currently one of his responsibilities is as Executive Director of the Arius Association. He has also held positions as a research scientist with the U.K. Atomic Energy Authority and with the Swiss Federal Institute for Reactor Research. His responsibilities have covered reactor safety, performance assessment for disposal, repository engineering and geological investigations and overall programme direction.

He was the Swiss coordinator of collaborative work with numerous national programs and also with the IAEA, NEA and EU. He has served on a number of committees advising national and international organizations on radioactive waste management issues. He currently chairs the International Technical Advisory Committee of NUMO (the HLW organisation of Japan), is Vice-Chairman of the U.S. National Research Council’s Board on Radioactive Waste Management (BRWM) and chairs the Nuclear Advisory Committee of the Swiss Paul Scherrer Institute.

Dr. McCombie received a B.Sc. degree in natural philosophy (physics) from the University of Aberdeen, Scotland and a Ph.D. degree in physics (material science) from the University of Bristol, England.

Bengt Tveiten

Bengt Tveiten is an independent advisor with 16 years of experience in the nuclear power industry, chiefly within the in-core part of the nuclear fuel cycle. Originally trained as a reactor physicist, he has since worked in the front- and the back-end of commercial nuclear fuel management. In 2003, he started the company Nuclear Fuel Cycle Consulting GmbH (NFCC), Switzerland, which provides world-wide project management, consulting and quality assurance services related to nuclear reactors and associated facilities.

After completing his degree in natural philosophy (physics) at the University of Glasgow, Scotland in 1986, he returned to his native Norway and took up a position with Scandpower (now Studsvik-Scandpower - SSP) as a consultant in the division for Nuclear Fuel and Core Management. After eight years with SSP, he joined the nuclear fuel department of the Swiss nuclear power plant Leibstadt as Methods Responsible Physicist, with responsibilities that included the regulatory licensing of methods for on-line core supervision as well as the regulatory licensing of nuclear fuel. He represented the Swiss nuclear power plants in the OECD/NEA Commission on the Safety of Nuclear Installations during this time.

For two years before starting NFCC, he worked as Technical Director and Project Manager for the Nuclear Disarmament Forum (NDF), holding overall responsibility for all technical questions related to NDF’s activities. This work was mainly related to various nuclear projects in the Russian Federation, with emphasis on developing strategies for the disposition of Russian weapons plutonium from military reactors and dismantled warheads.

7.7 Relevance of International Experiences in the Sound Management of Chemicals to the Long Term Management of Used Nuclear Fuel In Canada

John Buccini

This report is intended to provide information that might be of interest to NWMO in addressing its current task of developing a proposal for the long term management of used nuclear fuel in Canada.

A description is provided of the environmental behaviour of chemicals and the processes that are used to identify their hazards, assess possible risks and impose risk management actions to reduce or eliminate any unacceptable risks. A brief overview is included of 50 global and regional conventions and protocols and approximately 40 programs and initiatives that have been developed to address chemicals issues.

Several principles and concepts are discussed with regard to their influence in the development and implementation of current national and international measures to address the sound management of chemicals. These include the importance of knowledge as the basis for decision making, information exchange mechanisms between governments, measures to ensure public access to information and stakeholder participation in decision making, life cycle analysis in risk assessment, the use of precautionary approaches to anticipate and prevent the health and environmental effects of chemicals, the Polluter-Pays Principle, waste minimization and extended producer responsibilities (EPR), and an international voluntary industry program called Responsible Care ®.

A discussion is included of the possible relevance of these principles and concepts to NWMO in the development of proposals for the long term management of used nuclear fuel in Canada.

Appendix I provides a summary of the historical developments that have shaped the current chemicals agenda since the mid-nineteenth century and an overview of approximately 90 international agreements, programs and initiatives that contribute to the global chemicals management regime. Appendix II provides a brief description of the global chemicals industry, including developments over the past thirty years and a projection to the year 2020.


Author Biography

John Buccini

The author received his doctorate in organic chemistry at the University of Manitoba in 1970 and pursued post doctoral research at Carleton University in Ottawa.

In 1972, he joined the Canadian Department of National Health and Welfare and participated in developing risk assessments on chemical and microbiological agents in the environment, the workplace, the home, consumer products, pesticides and products used in the treatment and distribution of potable water.

Between 1982 and 2000, he served as a program manager with Environment Canada, where he was involved at the national and international levels in science based regulatory programs concerned with the development and implementation of legislation, policies and programs to assess and manage the risks posed by industrial chemicals, pesticides and novel biotechnology products.

The author has over 20 years of experience in working with international organizations that are engaged in developing and implementing policies and programs on toxic chemicals and he has served in leadership roles in the OECD Chemicals Programme, the North American Commission on Environmental Cooperation, the Intergovernmental Forum on Chemical Safety and United Nations Environment Programme.

Since 1998, he has served as the Chair of the Intergovernmental Negotiating Committee established by the United Nations Environment Programme to negotiate the Stockholm Convention on Persistent Organic Pollutants (POPs), which was adopted in 2001.

7.8 Review of the Canadian Environmental Assessment Act (CEAA) Process in Relation to Nuclear Waste Management

Robert S. Boulden, Boulden Environmental Consulting, ON CAN

The objective of this paper is to provide an outline of the federal environmental assessment process under the Canadian Environmental Assessment Act (CEAA) and to speculate on some of the more likely scenarios that will arise once the NWMO makes recommendations to the Canadian government. The paper describes the basics of the federal process and discusses the amendments to the CEAA that came into force on October 30, 2003.

There is a variety of EAs that could be required, ranging from a more basic “screening” to a “comprehensive study” to a “review panel” appointed by the Minister of the Environment including public hearings. Federal-provincial harmonization and the involvement of Aboriginal peoples are also important issues raised in the paper.

The level of EA required will depend on the significance of potential environmental effects as well as the anticipated level of public concern. Recommendations for a deep geological disposal site or major initiatives involving the centralization of waste (involving transportation) are the type of projects more likely to require review panels. Management of the waste at existing reactor sites may require less detailed screenings or comprehensive studies.

NWMO welcomes comments on this paper as well as indications of interest in how the federal EA process will unfold in the future. You may wish to review the paper “Review of the CNSC Licensing Process in Relation to Spent Fuel Management” since it provides important and direct linkages to this paper.


Author Biography

Robert S. Boulden, Boulden Environmental Consulting

Robert Boulden is a professional engineer and currently the principal of Boulden Environmental Consulting. He has 30 years experience working in scientific and technical analysis, environmental management, program and policy development and impact assessment.

Mr. Boulden has extensive experience and expertise related to the Canadian Environmental Assessment Act (CEAA). Much of this experience came from his former responsibilities as Director of Environmental Assessment and Director General of the National Programs Directorate, both positions at Environment Canada. Prior to leaving the Public Service in 1998, he undertook a six month assignment at the Canadian Environmental Assessment Agency.

Mr. Boulden also has an extensive background related to the nuclear fuel cycle. He was directly involved in review panels related to the siting of a new uranium refinery in Ontario and Saskatchewan and spent 3 years working with the Waste Management Program in the former Atomic Energy Control Board. Mr. Boulden chaired meetings on waste management at the International Atomic Energy Agency in Vienna and was Canadian representative to a working group in London England that investigated the disposal of low level radioactive waste at sea under the auspices of the London Convention. In 1985 he participated with AECL in a Candu trade mission to Indonesia as an environmental protection expert.

7.9 Review of the CNSC Licensing Process in Relation to Spent Fuel Management

J.F. Lafortune and F. Lemay, International Safety Research


Author Biographies

J.F. Lafortune, Ph.D., P.Eng., International Safety Research Inc.

Jeff Lafortune is President of International Safety Research Inc.

He has 21 years experience in various aspects of nuclear and radiological safety, including risk and safety assessment, licensing, radiation protection and emergency response. As a consultant, Jeff Lafortune has worked with the Canadian nuclear industry and the Canadian regulatory agency (Canadian Nuclear Safety Commission) on a large number of nuclear safety issues encompassing reactor system design, operations, reactor control, severe accident management and fuel storage. He has provided specialist assistance in the preparation, submission and review of licensing submissions for nuclear facilities, fissile material storage systems and dry-fuel storage facilities.

Jeff Lafortune served for six years on the former Canadian Advisory Committee on Radiological Protection, which reported to the President of the Canadian Nuclear Safety Commission. He has worked as Expert for the International Atomic Energy Agency since 1992 in areas of radiological protection, emergency response and accident investigation.

François Lemay, Ph.D., P.Eng., International Safety Research Inc.

François Lemay is Vice-president of International Safety Research Inc, a firm providing services in risk management for radiation-related activities.

He received his PhD in radiation transport at University of Birmingham in England. Over the past 22 years he has worked in nuclear reactor technology, reactor control system design, radiation protection and risk assessment. François Lemay was the lead specialist for licensing, environmental impact statement, shielding assessment, risk assessment, regulatory compliance and emergency management projects.

He currently works with NB Power, Hydro Québec, the Canadian government and several provincial governments. He is a regular lecturer in nuclear emergency response for naval officers from the Canadian forces.

7.10 Review of the Legal and Administrative Aspects of the Non-Proliferation Treaty in Relation to Spent Nuclear Fuel Management

Mark Madras & Stacey Ferrara, Gowling Lafleur Henderson LLP

This paper provides a review of the legal and administrative aspects of the Treaty for the Non-Proliferation of Nuclear Weapons (“Non-Proliferation Treaty” or “NPT”), particularly in relation to spent nuclear fuel management. The purpose of this review is to assess the implications of the NPT on the various methods that the Nuclear Waste Management Organization (NWMO) might consider for the management of Canada’s spent nuclear fuel. This issue arises in the context of the NWMO’s mandate to investigate approaches for managing Canada’s used nuclear fuel with a view to submitting proposed approaches and a recommended approach to Canada’s Minister of Natural Resources.


Author Biography

Gowling Lafleur Henderson LLP
Mark Madras

Mark Madras is the Leader of the firm’s Environmental Law National Practice Group and a senior member and former Leader of its Transportation Law National Practice Group. He is certified by the Law Society of Upper Canada as a Specialist in Environmental Law and is recognized by the Lexpert Canadian Legal Directory as a leading practitioner in Canada of environmental and transportation law. Mr. Madras has been recognized by the Euromoney publication as among the world’s leading environmental lawyers. Mr. Madras has over 26 years of practice experience.

Mr. Madras has appeared as counsel before the Canadian Nuclear Safety Commission and its predecessor the Atomic Energy Control Board. He was a leader of the Gowlings’ team that designed and instructed a course for staff and members of the Canadian Nuclear Safety Commission upon the implementation of the Nuclear Safety and Control Act. Mr. Madras was also lead counsel on an application to the Commission for approval of the first decommissioning of a nuclear reactor in Canada.

Mr. Madras counsels commercial and industry association clients with respect to a variety of environmental regulation and liability concerns, including toxic substance and new substance regulation, contaminated lands, air and water emissions, dangerous goods transportation, waste management, international compliance and remedies, facility auditing, risk assessment, environmental reporting, emergency preparedness, environmental issues in commercial transactions, and corporate as well as officer and director environmental compliance concerns. He represents clients before courts and administrative tribunals, including in prosecutions, civil claims and appeals of administrative Orders. He also serves as an advocate for clients in environmental dispute resolution processes. He has been accredited as an arbitrator by the Arbitration and Mediation Institute and has been trained as a mediator.

Mr. Madras is a frequent speaker and writer on environmental law matters and has appeared at numerous privately organized continuing education conferences and industry association gatherings, as well as client and law firms sponsored information forums. He has written and spoken on a wide range of environmental topics, including hazardous materials management, environmental auditing, and current trends in environmental law and regulation.

Mr. Madras is a member of the Law Society of Upper Canada, the Environmental Law Section of the Canadian Bar Association (Ontario) (a former member of the Executive of the Section), the Canadian Transport Lawyers’ Association (a former Ontario Director and member of the national Executive) and the Transportation Lawyers Association. Mr. Madras is past President of the Association for Transportation Law, Logistics and Policy, an organization of lawyers and transportation professionals from across North America. He currently serves on the Board of Directors of Pollution Probe.

Called to the Ontario Bar in 1976, Mr. Madras received his law degree from Osgoode Hall Law School. Prior to joining Gowlings, he was a partner with Saul, MacLeod & Madras.

Stacey Ferrara

Stacey Ferrara is an associate in Gowlings’ Environmental, and Real Estate and Urban Development National Practice Groups. Her practice is primarily concentrated in environmental law.

Ms. Ferrara has worked in both the federal and municipal levels of government in past employment positions that she has held with Environment Canada, the Department of Fisheries and Oceans, and the City of Waterloo.

Throughout her employment with Gowlings, Ms. Ferrara has frequently contributed to the Environmental Bulletin and also co-authored “Is it a Crime to Burn Oil Wells?” which was published in the energy@gowlings newsletter. Ms. Ferrara also contributed to the review of legal environmental issues written by Gowlings’ Environmental National Practice Group for the Canadian Environmental Directory.

Ms. Ferrara received her Bachelor of Laws from the Faculty of Law at Dalhousie University in Halifax, Nova Scotia. Upon graduation, she also received recognition for her concentrated studies in the areas of environmental and business law. While attending law school, Ms. Ferrara acted as a student-body representative and was also the President of the law school’s student government, the Law Students’ Society. Throughout law school, Ms. Ferrara worked as a research assistant for the school’s Marine Environmental Law Program. She co-authored “The Arctic Environmental Protection Strategy: Tinkering While the Arctic Marine Environment Totters” which was written for the Law of the Sea and Polar Maritime Delimination and Jurisdiction. An expanded version of this article has also been published in the Denver Journal of International Law and Policy. Ms. Ferrara also co-authored the report on the Arctic for the 2001 Yearbook of International Environmental Law.

Prior to attending law school, Ms. Ferrara attended Wilfrid Laurier University where she earned an Honours Bachelor of Arts while majoring in environmental studies with a minor concentration in political science. She was called to the Ontario Bar in 2003 and is a member of the Ontario Bar Association.

7.11 Methodologies for Assessing Spent Nuclear Fuel Management Options

ETV Canada Inc., OCETA, Risk Wise Inc., Science Concepts International

This report provides a comprehensive inventory of available methodologies and tools applicable to the assessment of options for the long-term management of used nuclear fuel. The information is organized within a generic assessment framework intended to improve understanding of where and how individual decision support tools might fit into an overall analytical approach. The assessment framework is derived from broad experience in the use of decision-support methodologies for addressing policy issues of this type, both in Canada and internationally. It reflects four important aspects of the assessment process - first, the need to involve the public and key stakeholders in a credible and transparent manner throughout the decision making process; second, the need to consider risk and precautionary approaches; third, the need for effective ways to integrate and structure complex information; and fourth, the role of third-party validation.

Experiences in other countries in attempting to obtain social and ethical “buy-in” on controversial issues demonstrate the importance of transparency and credibility, and the need to establish effective mechanisms for consultation and meaningful input to decision-making. Recognizing the commitment of NWMO to involve the public and key stakeholders in a credible and transparent manner throughout its decision making process, the report outlines some of the methodologies which can be used to facilitate stakeholder engagement, leading to the identification of functional criteria which reflect stakeholder expectations.

With respect to used nuclear waste fuel management, most Canadians view risk tolerance of the various options at the level of “what does it mean to me”. This is particularly relevant in relation to their expectations about health, safety, and environmental protection. Thus, a precautionary approach is needed, incorporating risk assessment methodologies throughout. The report examines this key aspect of decision-making.

Questions concerning sustainable management of used nuclear fuel are characterized by conflicting and/or overlapping economic, environmental, social, technical, and ethical objectives. It is therefore difficult to arrive at a straightforward and unambiguous solution without the assistance of decision support tools which can help integrate and structure complex information. Multi Criteria Decision Analysis (MCDA) is an example of such a tool. It can be used to help integrate many threads of information and earlier stages of decision making in order to compare various alternatives on the basis of weighted and hierarchical criteria. The report highlights some of the key characteristics and relevant applications of MCDA.

Given that many different specialized knowledge areas combine within an assessment framework, the possibility exists that, as a result of the integration, some important factors may be overlooked or not considered adequately in the assessment. Thus, independent third-party validation may be necessary, particularly for those aspects of the assessment process where credibility may be an issue. This is another important area described in the report.

Throughout the report reference is made to the issue of used nuclear fuel management and the efforts of NWMO to establish a credible and transparent approach to involving Canadians in the decision process. The report concludes that the NWMO process is thorough and comprehensive in providing a credible path forward that should lead to the development of an acceptable approach for used nuclear fuel management in Canada.


Author Biographies

ETV Canada Inc., Mona El Hallak

Mona El Hallak is Technical Analyst for ETV Canada Inc. Ms El Hallak responsibilities include assessments of innovative environmental technology performance, developments of field and laboratory test protocols, interpretations of the potential impacts, and preparations of marketing assessment for the technologies. The technologies deal with waste, wastewater and manure management, as well as air pollution.

Ms El Hallak is currently working on developing Greenhouse Gas Emissions Measurement and Reporting Plans for several renewable energy and manure management projects as part of Technology Early Action Measurements (TEAM) Initiative, a component of the Government of Canada’s Climate Change Action plan.

Ms El Hallak holds a Master of Science degree in Forestry/Environmental Studies from University of Toronto, a Master of Science degree in Agronomy and a Bachelor of Science degree in General Agriculture from American University of Beirut.

Ontario Centre for Environmental Technology Advancement (OCETA)

Dr. S. Ed Mallett, President and CEO

Dr. Mallett began as Director for the Ontario Centre for Environmental Technology Advancement (OCETA) in 1993 when OCETA was still in the conceptional stage. He was one of the key members to develop the proposals and documents necessary to obtain approval and support from the federal and provincial governments.

The majority of Ed’s career was spent working for ICI Canada where he held senior management positions in Research, Corporate Planning, Business Development, and Production. Also, as group President of Specialty Chemicals, Ed was directly responsible for several businesses including Chemical Distribution, Water Treatment Chemicals, Oilfield Services, and served as a Director of Tricil Waste Management during its period of most rapid growth.

After leaving ICI, Ed acted as a consultant for Canadian Venture Founders, a new venture fund centralized on start-up and early stage technology organizations, and was President of Turbotak Technologies Inc.

Born in Barrow-in-Furness, England, Ed’s educational background consists of a BSc Honours and a PhD in Chemistry obtained at Manchester University in England.

Adele Buckley, Vice President Technology and Research

Adele Buckley is responsible for leadership in all technology areas at OCETA. Some highlights include:

  • Leader of technical document development team for ETV-AM (Environmental Technology Verification-Arsenic Mitigation) Program in Bangladesh. Laboratory Testing Protocol, Field Testing Protocols, Verification Protocols
  • Service to SMEs, assisting commercialization of new environmental technologies - Technical, strategic alliance formation, business strategy, publication of technical profiles, marketing analysis, and financial brokerage
  • Mercury Amalgam Separation Test and Verification Protocol, a development project for Environment Canada leading to implementation of the CWS (Canada Wide Standard)
  • Technical support to ETV Canada applicants for technology verification
    and the following examples indicate the range of completed projects:-
  • Database for OCETA programs in sustainable development and eco-efficiency
  • Greenhouse Gas and Climate Change – many projects
  • Applications for Emission Reduction Credits for SME clients. Review Committee of Clean Air Canada Inc.
  • ETV Training in China for Phase II of CIDA sponsored project.

Adele Buckley has focussed on development of innovative technology, from first concept through to full commercialization and international sales. She has worked extensively in practical applications of physics, engineering, software and chemistry, with both private and university technology developers. Dr. Buckley obtained a Ph.D. in Aerospace Engineering at the University of Toronto, and holds the degrees of M.Sc. and B.Sc.Hons., Physics, at the University of Alberta.

Adele Buckley was a founding partner in Sciex (now Sciex Division of MDS Inc.), a Canadian company that develops, designs and manufactures mass spectrometer systems, used for high sensitivity chemical analytical work in a broad spectrum of industries and institutions. Technology transfer from the University of Toronto started the company and was based on her Ph.D. thesis. Adele Buckley was responsible for product design and development for the company’s air chemistry ultratrace detectors – the Mobile TAGA System, the TAGA Tandem Quadrupole, and the AROMIC Cargo Examination System. Further development technology has led to widespread use in the pharmaceutical industry for new drug development, and for proteomics, at the leading edge of biotechnology.

At Solarchem Environmental Systems, she was responsible for the product development of the Rayox™ UV/Oxidation System, used for the destruction and detoxification of hazardous contaminants in chemical process water and groundwater. Technical and scientific work included photochemistry, UV and corrosion resistant materials, high voltage high power electrical systems, process control, ozone contacting, catalyst development and solar detoxification.

Risk Wise Inc., Diana Del Bel Belluz, M.A.Sc., P.Eng.

Diana Del Bel Belluz, M.A.Sc., P.Eng., is President of Risk Wise Inc., a management consulting firm that assists industrial clients to identify, measure and proactively manage their operational risks (e.g., business continuity, asset integrity, occupational health and safety, environmental protection, etc.).

Through a variety of consulting projects, she has gained broad knowledge and experience in risk assessment, risk communication and risk management. Ms. Del Bel Belluz has developed practical tools and techniques that support a multi-disciplinary approach risk management. She applies her risk management expertise in a range of economic sectors including manufacturing, chemical, energy, mining, oil, pulp and paper, steel, and transportation and government.

She is a frequent speaker, author, and teacher on risk management topics. She served as conference chair for The Conference Board of Canada’s Risk Management conferences in 2001, 2002, and 2003. Ms. Del Bel Belluz was instrumental in founding the Canadian Network for Environmental Risk Assessment and Management (NERAM).

Ms. Del Bel Belluz holds Bachelors and Masters degrees in Systems Design Engineering from the University of Waterloo.

Science Concepts International, Robert Stasko

Robert (Bob) Stasko is a business development professional with a record of success in the energy and environment industrial sectors. He is also a senior energy technology specialist who has worked in a wide range of management positions involving R&D, product development, and market assessment. Bob has developed winning energy strategies for both small and large businesses and for governments on a consulting basis. He has been responsible for directing major energy technology development and commercialization projects in both national and international arenas.

CAREER HISTORY

  • Has been working in the energy sector, both in Canada and abroad, for over 25 years.
  • Worked in both the nuclear design and nuclear operations divisions of Ontario Hydro
  • Spent 2 years seconded to the ITER Fusion Conceptual Design Team located at the Max Planck Institute for Plasma Physics at Garching, Federal Republic of Germany.
  • Directed the Canadian Fusion Fuels Technology Project (CFFTP) based in Mississauga, Ontario for several years and prior to that was the manager of engineering for that organization
  • Managed R&D and commercialization projects for numerous electro-technologies including photovoltaics, advanced lighting, electric vehicles and energy from biogas.
  • Most recently worked in the area of fuel cell development, testing and commercialization

Most recently Bob was the Director of Business Development for Kinectrics Inc. a major technology consulting services company (formerly the Ontario Hydro Research Division). He was specifically tasked with developing client advisories for a wide range of advanced distributed generation technologies that will compliment the emerging electricity marketplace.

Bob is presently working as an independent energy and environment technology consultant and has provided advice to clients in the arena of emerging energy technologies, renewable energy and climate change. He has also assisted clients in defining appropriate energy strategies in response to deregulating and transitional electric power markets.

EDUCATION

Mr. Stasko’s educational background consists of a BASc in Electrical Engineering and a MASc in Bio-medical Engineering from the University of Toronto. He has also completed post-graduate and advanced courses in Health Physics at the UKAEA (UK Atomic Energy Authority, Oxfordshire) and in Fusion Engineering at ORNL (Oak Ridge National Laboratories, Tennessee) and LLNL (Lawrence Livermore National Laboratories, California). Bob has had significant international R&D experience resulting from a series of secondments to agencies in Germany, the UK and the USA.

7.12 Education and Training in Nuclear Waste Management

This paper presents a survey of national and international training and capacity building programs related to high-level radioactive waste management. The survey was conducted by ITC (School of Underground Waste Storage and Disposal, based in Switzerland) to review the current status of training, economic, environmental, social and ethical aspects of high-level radioactive waste management in the world. The review draws upon the recent NWMO Discussion Document 1 (“Asking the Right Questions”) in identifying specific areas where training and capacity building may be needed, and includes a review of national and international training and capacity building programs in the following areas specified by the NWMO:

  • legal, administrative and regulatory aspects
  • policy development and institutional oversight
  • public, community and societal participation
  • financing issues and economic analysis
  • development and implementation plans for the long-term high-level radioactive waste management
  • mechanisms for considering alternatives and undertaking research
  • definition and categorization of wastes
  • specific technical methods and related system requirements including storage, reprocessing, disposal, transportation and site selection
  • other aspects.

Among the countries considered are: Argentina, Belgium, Canada, Finland, France, Germany, Hungary, Japan, Spain, Sweden, Switzerland, United Kingdom, United States, China and Russia. Among the international organizations considered are: European Union (EU), International Atomic Energy Agency (IAEA), OECD Nuclear Energy Agency (NEA), World Nuclear University (WNU).

Author Biography

ITC School of Underground Waste Storage and Disposal

The ITC School of Underground Waste Storage and Disposal is a non-profit Association with broad membership, based in Switzerland.

The aim of the international School is to propagate knowledge to future generations of scientists, engineers and decision-makers who will be involved in managing or evaluating projects aimed at storing or disposing of hazardous wastes in underground facilities.

The School provides both theoretical and practical training and research in all aspects of science, engineering, decision-making and communication concerned with underground waste management and related environmental issues. It is linked directly to active underground experimental facilities, in particular, the Grimsel Test Site. It is able to provide professional training at all levels, ranging from academic courses and modules in association with universities around the world, to summer schools and retreat facilities for think-tanks and policymakers.

The ITC is independent of any sector and provides educational services to industry, regulatory agencies, academia and government bodies. Membership of the association is open to any organization supporting its educational aims. The Association was founded in April 2003 and currently has a membership of more than 40 organisations world-wide that are committed to the objective of ensuring that training facilities are provided for the future.

7.13 The Public Policy Context for Nuclear Liability in Canada

William Leiss & Associates Ltd.

This paper considers the issue of nuclear liability in the context of Canadian public policy. As outlined in the introduction, this paper discusses:

  1. the four components of risk management for major hazards, as detailed in the case of natural hazards, a scheme which arguably is applicable to major technological hazards as well; and
  2. the comprehensive allocation of responsibilities, in the case of natural hazards, between the two senior levels of government and the insurance industry; and
  3. the wider structure of multi-faceted federal laws and regulations which establish a risk management framework for nuclear installations and substances; and
  4. the place of nuclear liability within the foregoing dimensions.