Groups urge Trudeau to fix Canada's nuclear law and oversigh

[Oscar]

Groups urge Trudeau to fix Canada's nuclear law and oversight

[ http://www.nationalobserver.com/2016/03 ... -oversight ]

By Mike De Souza, National Observer, March 8, 2016 [ http://tinyurl.com/hmttddz ]

Canada needs to fix its nuclear safety law and put a stop to internal political strategizing by its industry watchdog that is putting
public safety at risk, Prime Minister Justin Trudeau was told in an open letter released on Tuesday.

Fourteen groups, led by Greenpeace Canada, wrote in the letter that Trudeau should use the upcoming fifth anniversary of the Japanese Fukushima disaster to launch a full parliamentary review of the law [ http://laws-lois.justice.gc.ca/eng/acts ... 1.html#h-3 ], the Nuclear Safety and Control Act.

The groups released the letter along with a federal strategy document showing that staff at the watchdog were recommending that management consider the “political environment” in 2015 prior to developing any changes needed to improve nuclear oversight.

Greenpeace Canada said this indicates there was political strategizing by the watchdog, the Canadian Safety Nuclear Commission, [ http://www.vancouverobserver.com/world/ ... r-disaster ] and demonstrates why the Liberal government has to clean up Canadian nuclear oversight.

All 14 groups, including MiningWatch Canada, EcoJustice and the Canadian Environmental Law Association, said that Japan and the European Union have increased the independence and transparency of their nuclear watchdogs in the wake of the disaster. But the groups argued that the previous federal government, led by former prime minister Stephen Harper, failed to keep pace with the other jurisdictions to prepare the country for any similar disaster in Canada.

“While the (Canadian watchdog) carried out a review of the technical failures that led to radioactive releases at Fukushima, it did not consider how institutional failures and industry-led regulation caused the accident,” said the letter to Trudeau. “This should be addressed as part of a public review process leading to the modernization of the (law).”

Although the Fukushima disaster was triggered by a major earthquake and tsunami on March 11, 2011, the environmental groups noted that a Japanese government report flagged human factors including a failure to adequately assess the risks.

“That is, the Japanese regulator and Fukushima’s operator were aware of the tsunami risk, but did not act on the information,” the groups said in their letter to Trudeau, explaining that they want to avoid a similar oversight failure in Canada.

Canada’s nuclear watchdog is publicly defending the existing law as “modern” legislation, noting that it came into force more than 15 years ago on May 31, 2000, and was amended recently to allow for new penalties to support enforcement.

Spokesman Aurele Gervais also said in a statement that the commission (CNSC) has been the subject of international peer reviews in 2009 [ http://www.cnsc-ccsn.gc.ca/eng/pdfs/irr ... se-eng.pdf ] and 2011 [ http://www.cnsc-ccsn.gc.ca/eng/pdfs/irr ... 08-eng.pdf ] that didn’t recommend any comprehensive changes.

“The CNSC finds the (Nuclear Safety Control Act), its home statute, to be clear and comprehensive,” Gervais said on Monday. “Any review of the Act would be the prerogative of the government of Canada, not the CNSC.”

But behind the scenes, staff at the watchdog have told management that it should consider strategies to change the law in pieces to avoid public scrutiny.

“We are looking out 10 years to review priorities to ensure the CNSC is well positioned to regulate in the 2020’s and beyond,” said a document prepared by staff for a management committee meeting last Jan. 22, 2015, when the former Conservative government was still in power. “Timing is everything (and we) must consider the political environment and how this could impact our plans to open the Act, and the timing thereof. AND it would be time consuming.”

The staff also said that the commission could recommend that the government make targeted changes to the law, based on specific themes such as security. But it warned management, in the presentation that was released to Greenpeace Canada through access to information legislation, that a comprehensive review might be difficult since it would open the legislation up to scrutiny from all stakeholders, including industry, environmental groups, pro-nuclear and anti-nuclear groups.

“The Act was conceived in the mid 90’s before coming into force in 2000, so this could be positioned as a 20-year review. This last option would be a significant undertaking, requiring far greater and more strategic analysis than we have undertaken to date.”

Greenpeace Canada nuclear analyst Shawn-Patrick Stensil said Trudeau needs to put a stop to the commission’s internal strategizing.

“In public the CNSC says Canada’s nuclear safety laws are fine, but behind closed doors they’re strategizing on how to amend the law without public input,” Stensil told National Observer. “If they’re not being honest with the public about things like this what else are they trying to hide? This is why Trudeau should clean house at the CNSC.”

The former Conservative government named the current president of the Canadian watchdog, Michael Binder, in 2008 after it fired former president Linda Keen [ http://www.thestar.com/news/canada/2008 ... ssion.html ] and Harper criticized her for being a Liberal appointee. [ http://www.theglobeandmail.com/opinion/ ... le1324188/ ]

Binder, who holds a PhD in physics, had defended the commission’s transparency as well as the Canadian industry’s safety record.

MORE:

[ http://www.nationalobserver.com/2016/03 ... -oversight ]

[Oscar]

Trudeau must strengthen federal nuclear safety law say environmentalists

[ http://nationtalk.ca/story/trudeau-must ... mentalists ]

Mar 08 10:58 AM -0500

8 March 2016 (Toronto) – In the run-up to the fifth anniversary of the Fukushima disaster, over a dozen environmental groups are asking Prime Minister Trudeau to strengthen Canada’s key nuclear safety law to address weaknesses exposed by the Fukushima disaster and public concern regarding the independence of the Canadian Nuclear Safety Commission (CNSC).

“While other countries increased the independence and transparency of their nuclear regulators in the wake of Fukushima, Canada under Harper went in the other direction. It’s time for Canada to catch up and strengthen our nuclear safety legislation,” said Shawn-Patrick Stensil, Senior Energy Analyst at Greenpeace Canada.

In an open letter to the Prime Minister Trudeau, 14 organizations ask for a Parliamentary review of the Nuclear Safety and Control Act. The letter reminds the Prime Minister that investigations into the Fukushima nuclear accident concluded it was “man-made” because a lax regulator ignored the known potential for earthquakes and tsunamis in the region.

The groups also say the Harper government’s dismissal of former CNSC president Linda Keen damaged public confidence in the CNSC and exposed conflicts in the responsibilities of the president. Since then the CNSC’s impartiality has been publicly questioned. As an example, the groups cite CNSC president Michael Binder’s criticism of Quebec’s independent environmental assessment board last year after it recommended against uranium mining.

“We’re worried the CNSC has become the cheerleader for the industry it is supposed to regulate. In light of the lessons learned from Fukushima, we urge the Prime Minister to restore the necessary independence and public trust in the CNSC,” said Theresa McClenaghan from the Canadian Environmental Law Association (CELA).

Beyond strengthening the independence, transparency and public participation opportunities at the Commission, the groups identified five key areas the legislative review should address: upgrades to the CNSC’s legislated approach to environmental assessment; the need to affirm Aboriginal engagement; clarification of the Commission’s role during nuclear emergencies; establishing term limits for licences; and shifting the CNSC to a Ministry without the mandate to promote nuclear power.

“Based on ongoing dealings with the CNSC and lessons from the Fukushima disaster, there’s an urgent need to modernize Canada’s nuclear safety law,” said Mark Mattson president of Lake Ontario Waterkeeper.

The groups who signed the public letter include the Association de protection pour l'environnement des Hautes-Laurentides, Canadian Coalition for Nuclear Responsibility, CELA, Coalition pour que le Québec ait meilleure mine, Coalition for a Green Clean Saskatchewan, Conservation Council of New Brunswick, Ecojustice, Greenpeace, the Inter-Church Uranium Committee, Lake Ontario Waterkeeper, Mining Watch Canada, Nature Quebec, New Clear Free Solution, Northwatch. - 30 -

For more information:

Read the Open Letter to the Prime Minister:
[ http://ccnr.org/open_letter_2016.pdf ]


Shawn-Patrick Stensil, Senior Energy Analyst, Greenpeace
416-884-7053, shawn.patrick.stensil@greenpeace.org

Ugo Lapointe, Canadian Program Coordinator, Mining Watch
514-708-0134, ugo@miningwatch.ca

Brennain Lloyd, Project Coordinato, Northwatch
705-497-0373, northwatch@northwatch.org

Mark Mattson, President, Lake Ontario Waterkeeper
416-861-1237, mark@waterkeeper.ca

Theresa McClenaghan, Executive Director, CELA
416-662-8341, theresa@cela.ca

Gordon Edwards, President, Canadian Coalition for Nuclear Responsibility
514-489-5118, ccnr@web.ca