Nuclear Fuel Waste Act (S.C. 2002, c. 23)

Act current to 2013-05-20

Marginal note:Obligation to deposit
  •  (1) Each nuclear energy corporation and Atomic Energy of Canada Limited shall, either directly or through a third party, deposit to its trust fund maintained under subsection 9(1) its respective deposit specified in the annual report

    • (a) if the Minister’s approval under subsection 16(3) is not required, within 30 days after the annual report is submitted to the Minister under subsection 16(1); or

    • (b) if the Minister’s approval under subsection 16(3) is required, within 30 days after the date of that approval.

  • Marginal note:Extension of time

    (2) Notwithstanding subsection (1), the Governor in Council may, on request by a nuclear energy corporation made before the expiration of the 30 day period referred to in that subsection, authorize the nuclear energy corporation to defer by one year all or part of its deposit required by that subsection, if the Governor in Council is of the opinion that the public interest requires that that money be used instead to repair the damage caused by an event that is not attributable to the corporation and is extraordinary, unforeseen and irresistible.

Marginal note:Triennial report

 The annual report of the waste management organization for its third fiscal year after the fiscal year in which a decision is made by the Governor in Council under section 15, and for every third fiscal year after that, in this Act called the “triennial report”, must include

  • (a) a summary of its activities respecting the management of nuclear fuel waste during the last three fiscal years, including an analysis of any significant socio-economic effects of those activities on a community’s way of life or on its social, cultural or economic aspirations;

  • (b) its strategic plan for the next five fiscal years to implement the approach that the Governor in Council selects under section 15 or approves under subsection 20(5);

  • (c) its budget forecast for the next five fiscal years to implement the strategic plan;

  • (d) the results of its public consultations held during the last three fiscal years with respect to the matters set out in paragraphs (a) and (b); and

  • (e) the comments of the Advisory Council on the matters referred to in paragraphs (a) to (d).

Marginal note:Minister’s statement

 The Minister shall, within 90 days after receiving a report, issue a public statement regarding the report.

Marginal note:Tabling of reports in Parliament

 The Minister shall cause a copy of each report to be laid before each House of Parliament within the first fifteen sitting days of that House after the Minister has received the report.

CHANGE IN APPROACH

Marginal note:New approach — technical difficulty
  •  (1) If the waste management organization is unable, for technical reasons beyond its control, to implement the approach that was selected by the Governor in Council under section 15, the waste management organization shall so report in its triennial report and shall, in that report, propose a new approach.

  • Marginal note:New approach — technical innovation

    (2) If a new technological method is developed that has been the subject of a scientific and technical review by experts from international governmental organizations that deal with nuclear matters and has received their support, the waste management organization may propose, in its triennial report, a new approach for the management of nuclear fuel waste that is based on that new method.

  • Marginal note:Application of other provisions

    (3) Subsections 12(3) to (7) and sections 13 and 14 apply, with such modifications as the circumstances require, in respect of an approach proposed under subsection (1) or (2). The approach must be accompanied by the comments of the Advisory Council on that approach.

  • Marginal note:Submission to Governor in Council

    (4) If the Minister is satisfied that the new approach referred to in subsection (1) or (2) is technically and economically feasible in Canada, the Minister shall submit the new approach to the Governor in Council.

  • Marginal note:Decision of Governor in Council

    (5) The Governor in Council may, on the recommendation of the Minister, approve an approach proposed under subsection (1) or (2), in which case the decision of the Governor in Council shall be published in the Canada Gazette.