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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-27 |
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An Act respecting the long-term management
of nuclear fuel waste
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Nuclear Fuel
Waste Act.
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INTERPRETATION |
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Definitions
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2. The following definitions apply in this
Act.
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``economic
region'' « région économique »
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``economic region'' means an economic
region described by Statistics Canada in its
Guide to the Labour Force Survey,
published on January 31, 2000.
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``management
'' « gestion »
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``management'', in relation to nuclear fuel
waste, means long-term management by
means of storage or disposal, including
handling, treatment, conditioning or
transport for the purpose of storage or
disposal.
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``Minister'' « ministre »
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``Minister'' means the Minister of Natural
Resources or such member of the Queen's
Privy Council for Canada as the Governor
in Council may designate as the Minister for
the purposes of this Act.
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``nuclear
energy
corporation'' « sociétés d'énergie nucléaire »
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``nuclear energy corporation'' means
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``nuclear fuel
waste'' « déchets nucléaires »
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``nuclear fuel waste'' means irradiated fuel
bundles removed from a commercial or
research nuclear fission reactor.
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``prime rate'' « taux de base »
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``prime rate'' means, for any day, the rate of
interest charged by banks to their most
credit-worthy borrowers for short-term
business loans, as determined and
published by the Bank of Canada for the
month in which the day falls.
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``waste
management
organization'' « société de gestion »
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``waste management organization'' means the
corporation established under section 6,
regardless of the actual name of that
corporation.
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PURPOSE OF ACT |
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Comprehen- sive, integrated and economically sound approach
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3. The purpose of this Act 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.
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APPLICATION OF ACT |
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Binding on
Her Majesty
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4. This Act is binding on Her Majesty in
right of Canada or a province.
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Application to
nuclear
energy
corporations
and AECL
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5. This Act applies to a nuclear energy
corporation and to Atomic Energy of Canada
Limited only if it is the owner of nuclear fuel
waste.
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WASTE MANAGEMENT ORGANIZATION |
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Incorporation
and purpose
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6. (1) The nuclear energy corporations shall
establish a corporation, in this Act referred to
as the waste management organization, whose
purpose under this Act is to do the following
on a non-profit basis:
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Participation
in waste
management
organization
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(2) Once the waste management
organization has been established, every
nuclear energy corporation shall become and
remain a member or shareholder of it.
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Not an agent
of Her
Majesty
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(3) For all purposes the waste management
organization is not an agent of Her Majesty in
right of Canada.
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Duty toward
other owners
of nuclear fuel
waste
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7. The waste management organization
shall offer, without discrimination and at a fee
that is reasonable in relation to its costs of
managing the nuclear fuel waste of its
members or shareholders, to
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its nuclear fuel waste management services
that are set out in the approach that the
Governor in Council selects under section 15
or approves under subsection 20(5).
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Advisory
Council
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8. (1) The waste management organization
shall create an Advisory Council, which shall
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Representa- tion on Advisory Council
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(2) The members of the Advisory Council
shall be appointed by the governing body of
the waste management organization. The
governing body shall make all reasonable
efforts to ensure that the Advisory Council's
membership
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FINANCING |
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Trust funds
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9. (1) Each nuclear energy corporation and
Atomic Energy of Canada Limited shall
maintain in Canada, either individually or
jointly with one or more of the other nuclear
energy corporations or Atomic Energy of
Canada Limited, one trust fund with a
financial institution incorporated or formed
by or under an Act of Parliament or of the
legislature of a province, except, in the case of
a nuclear energy corporation, a financial
institution in relation to which the nuclear
energy corporation beneficially owns, directly
or indirectly, more than ten per cent of the
outstanding shares of any given class of
shares.
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Documents
relating to
trust funds
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(2) The financial institution that holds a
trust fund referred to in this section shall
maintain in Canada all documents relating to
that trust fund.
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Initial deposit
to trust funds
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10. (1) Each body mentioned in this
subsection shall, either directly or through a
third party, no later than 10 days after the day
on which this Act comes into force, deposit to
its trust fund maintained under subsection 9(1)
the following respective amounts:
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Subsequent
deposits to
trust funds
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(2) Each body mentioned in this subsection
shall in each year, either directly or through a
third party, no later than the anniversary of the
day on which this Act comes into force,
deposit to its trust fund maintained under
subsection 9(1) the following respective
amounts:
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When
obligation
ceases to
apply
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(3) Subsection (2) ceases to apply on the day
on which the Minister approves the amount of
the deposit under paragraph 16(3)(a).
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Calculation of
interest
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(4) Interest accumulates on any portion of a
deposit not paid by the day referred to in
subsection (1) or (2), at the prime rate plus two
per cent, calculated daily from the day
referred to in subsection (1) or (2), as the case
may be, to the day before the day of the
deposit.
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Latest date for
deposit
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(5) Each body mentioned in subsection (1)
or (2) shall, either directly or through a third
party, deposit to its trust fund maintained
under subsection 9(1), no later than 30 days
after the date of the decision of the Governor
in Council under section 15, the applicable
amount referred to in subsection (1) or (2) plus
an amount, if any, equal to the interest.
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Withdrawals
from trust
funds
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11. (1) Only the waste management
organization may withdraw moneys from a
trust fund maintained under subsection 9(1).
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Condition for
withdrawals
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(2) The waste management organization
may make withdrawals only for the purpose of
implementing the approach that the Governor
in Council selects under section 15 or
approves under subsection 20(5), including
avoiding or minimizing significant
socio-economic effects on a community's way
of life or on its social, cultural or economic
aspirations.
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First
withdrawal
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(3) The waste management organization
may make the first withdrawal only for an
activity in respect of which a construction or
operating licence has, after the date of the
decision of the Governor in Council under
section 15, been issued under section 24 of the
Nuclear Safety and Control Act.
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Ministerial
approval
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(4) If the Minister is of the view that the
waste management organization has
withdrawn moneys from a trust fund contrary
to subsection (2) or (3), the Minister may
require the Minister's prior approval in
respect of any future withdrawal from a trust
fund by the waste management organization.
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STUDY BY WASTE MANAGEMENT ORGANIZATION |
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Study within
three years
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12. (1) Within three years after the coming
into force of this Act, the waste management
organization shall submit to the Minister a
study setting out
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Methods to
manage
nuclear fuel
waste
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(2) Each of the following methods must be
the sole basis of at least one approach:
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Technical
description,
region
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(3) The study must include a detailed
technical description of each proposed
approach and must specify an economic
region for its implementation.
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Comparison
of risks, etc.
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(4) Each proposed approach must include a
comparison of the benefits, risks and costs of
that approach with those of the other
approaches, taking into account the economic
region in which that approach would be
implemented, as well as ethical, social and
economic considerations associated with that
approach.
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Services to
certain owners
of waste
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(5) Each proposed approach must include a
description of the nuclear fuel waste
management services to be offered by the
waste management organization under
section 7.
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Implementa- tion plan
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(6) Each proposed approach must include
an implementation plan setting out, as a
minimum,
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Consultation
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(7) The waste management organization
shall consult the general public, and in
particular aboriginal peoples, on each of the
proposed approaches. The study must include
a summary of the comments received by the
waste management organization as a result of
those consultations.
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Financial
aspects
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13. (1) The study must set out, with respect
to each proposed approach, a formula to
calculate the annual amount required to
finance the management of nuclear fuel
waste. The report must explain the
assumptions behind each term of the formula.
The formula must include the following
terms:
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Respective
percentages
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(2) The study must set out, with respect to
each proposed approach, the respective
percentage of the estimated total cost of
management of nuclear fuel waste that is to be
paid by each nuclear energy corporation and
Atomic Energy of Canada Limited, and an
explanation of how those respective
percentages were determined.
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Financial
guarantees
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(3) The study must set out the form and
amount of any financial guarantees for the
management of nuclear fuel waste that have
been provided by the nuclear energy
corporations and Atomic Energy of Canada
Limited under the Nuclear Safety and Control
Act.
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Minister may
consult public
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14. (1) The Minister may engage in such
consultations with the general public on the
approaches set out in the study as the Minister
considers necessary.
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Revision of
study
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(2) If the Minister is of the opinion that the
study fails in a significant way to meet the
requirements of sections 12 and 13, the
Minister shall direct the waste management
organization to revise the relevant portions of
it and submit the revised study to the Minister
within the period that the Minister specifies.
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