The Nuclear Fuel Waste Act and Canada’s Plan for the Long-Term Management of its Nuclear Fuel Waste

Abstract

In 2002, the Government of Canada passed the Nuclear Fuel Waste Act (NFWA) which came into force on November 15 of the same year. The purpose of the NFWA is to “provide a framework to enable the Governor-in-Council to make, from the proposals of the waste management organization, a decision on the management of nuclear fuel waste that is based on a comprehensive, integrated and economically sound approach for Canada.” This paper will address Canada’s plan for the long-term management of its nuclear fuel waste. In addition to exploring the plan itself, the specific issues for analysis and discussion include a review of the key provisions of the NFWA, which serve as the legislative underpinnings for the development of Canada’s plan; a discussion of the waste management organization created pursuant to the NFWA; identification of the substantive progress that has been made in satisfying the intentions of the NFWA; a review of the legal challenges that have been brought forward involving the NFWA, the waste management organization, and the plan to date; and a hypothetical challenge that could be made to Canada’s plan.