Update March 15, 2025

The application for a redetermination of the decision was rejected. Justice Whyte-Noak’s decision is here:

Update: December 3, 2024

The court challenge was heard in federal court on November 19-20, 2024. The lawyer for the applicant groups (Concerned Citizens of Renfrew County and Area, Ralliement contre la pollution radioactive, and Canadian Coalition for Nuclear Responsibility) argued that the Commission used the wrong limit for allowable public radiation exposures following closure of the NSDF, and did not meaningfully grapple with the project’s cumulative effects.  He also argued that Canadian Nuclear Laboratories – a private company owned by a consortium of two Texas-based companies and SNC-Lavalin that was contracted in 2015 by the federal crown corporation Atomic Energy of Canada Limited to deal with the waste — did not provide legally required information on waste origins, did not describe how it would characterize the waste, and has plans to dump waste packages and “oversized debris” that would exceed safe radiation limits. 

Another issue raised at the November 2024 court challenge was that the Commission failed to address impacts of the NSDF project on one particular species at risk, the Eastern Wolf.  Based on evidence that it is a separate species from the Grey Wolf, the Eastern Wolf was uplisted from “Special Concern” to “Threatened” status in August 2024 under the federal Species at Risk Act (SARA).  Only after Kebaowek First Nation insisted on going on site to conduct their own research did evidence emerge that Eastern Wolves are raising pups near the NSDF footprint and using the Perch Lake area.  The groups’ lawyer noted that no mitigation measures have been proposed to address harm to this species.

November 4. 2024

On February 8, 2024 Concerned Citizens of Renfrew County and Area, Ralliement contre la pollution radioactive and the Canadian Coalition for Nuclear Responsibility applied for a judicial review in Federal Court of the CNSD decision to license the Near Surface Diposal Facility at Chalk River.

A press release outlining the grounds for the application is available here. The factum is available here. https://judicialreviewlaw.ca/docs/T-226-24%20-%20Factum.pdf

The application will be heard by Justice Whyte Nowak on November 19th and 20th, 2024, beginning at 9:30 both days.

It is possible to register to view the hearing on Zoom. Here are the steps to follow to register:

1. Go to this link: https://www.fct-cf.gc.ca/en/court-files-and-decisions/hearing-lists
2. Scroll down the page until you get to the gold bar that says “Advanced Search”; on the right hand side, directly under that gold bar is a small search box
3. Enter “Concerned Citizens” in the search box
4. Click the green pencil and paper icon that is on the entry that comes up
5. Enter your name and email address

There will also be limited seating to view the hearing in person. The location of the hearing will be determined closer to the date. It will either be the Federal Court building on Sparks St. or the Supreme Court building on Wellington.