Nuclear Law, Oversight and Regulation: Seeking Public Dialogue and Democratic Transparency in Canada

Abstract

To begin public discourse on acceptable policies and strategies surrounding Canada’s continued reliance on nuclear energy and the waste legacy it generates, this chapter explains the work of the Canadian Nuclear Safety Commission (CNSC), the regulatory body which oversees Canada’s nuclear industry. The authors describe the federal laws surrounding nuclear licensing and environmental approvals. They comment on current plans relating to radioactive waste disposal and emergency planning in light of the Fukushima Daiichi accident. They conclude that to strengthen the independence of the CNSC, opportunities for meaningful public participation should be developed, Indigenous engagement in CNSC decision-making processes be affirmed, and the federal government’s role and responsibilities for nuclear emergency management clarified.

Theresa McClenaghan is Executive Director and Counsel at the Canadian Environmental Law Association (CELA); Richard Lindgren and Kerrie Blaise are staff lawyers at CELA. CELA is a non-profit, public interest law organization. CELA is funded by Legal Aid Ontario as a speciality legal clinic to provide equitable access to environmental justice for individuals, groups or communities unable to afford legal representation. For nearly 50 years, CELA has used legal tools to advance the public interest, through advocacy and law reform, in order to increase environmental protection and safeguard communities across Canada. CELA has engaged in detailed research and advocacy related to the improvement of public safety and environmental protection by seeking improvements to nuclear emergency preparedness and nuclear law reform (www.cela.ca).