On November 15, 2002 the Nuclear Fuel Waste Act (NFW Act) was brought into force. The Government of Canada considers the NFW Act as a substantial achievement in meeting their responsibilities regarding long-term management of nuclear fuel waste. It sets in motion the processes, structures and decision-making steps necessary for successful implementation of the Act. In the 1998 Government of Canada Response to the Seaborn Panel, the government indicated that it would undertake a participation process for Canada's Aboriginal peoples to understand and assess nuclear fuel waste issues. The government also indicated that, to the extent possible, the process would be designed and executed by Aboriginal people so that it would be appropriate to our value systems.

In August 2003, the Congress of Aboriginal Peoples reached an agreement with Natural Resources Canada to undertake a participation process. Under this agreement, we can construct and execute a culturally reflective process to consult with our constituency, bringing forward opinions, views and concerns. Our process will allow for the exchange of information between the Government of Canada and CAP on this important issue. During the three years of this agreement, we will be paying attention to the processes that will emerge from the NFW Act, as well as understandings and potential use of traditional Aboriginal knowledge in the implementation.

The dialogue is taking place under our agreement with NRCan are strictly in relation to the long-term management of nuclear fuel waste in Canada and the structures and processes laid out in the NFW Act. The following issues will be discussed and reported on:

1) long-term management of nuclear fuel waste in Canada including options laid out in the NFW Act, and others as proposed by the Nuclear Waste Management Organization (NWMO);

2) traditional knowledge (TK) in relation to nuclear fuel waste management; basis for utilization of TK and methods for doing so;

3) Aboriginal, treaty and other rights as related to nuclear fuel waste management; and

4) Other relevant topics as they arise, which are approved by the Minister.

Federal Government Authority

The management of nuclear waste is a significant environmental and financial responsibility. The Nuclear Safety and Control Act (NSCA) provides the federal Government with legislative authority over the development and control of nuclear energy in Canada. This includes authority over nuclear waste from a health, safety, and environmental protection perspective.

Federal Government Policy Framework

In 1996, the Government of Canada established its official Policy Framework for Radioactive Waste. The Policy Framework consists of a set of principles governing the institutional and financial arrangements for disposal of radioactive waste by the waste producers and owners. The principles are:

The federal government will ensure that radioactive disposal is carried out in a safe, environmentally-sound, comprehensive, cost-effective and integrated manner;

The federal government has the responsibility to develop policy, to regulate, and to oversee waste producers and owners for ensuring that they comply with legal requirements and meet their funding and operational responsibilities and;

The waste producers and owners are responsible for the funding, organization, management and operation of disposal and other facilities for their wastes.

Report of the Assessment Panel

In February 1998, the Nuclear Fuel Waste Management and Disposal Concept Environmental Assessment Panel, also known as the Seaborn Panel, reported to the federal government. After ten years of work, they found that the nuclear fuel waste disposal concept developed by Atomic Energy of Canada Ltd. was technically safe but that it did not have broad public support. The panel made a number of recommendations for additional steps to develop an approach that would achieve broad public support. These included "initiating an Aboriginal participation process." Also, to be considered acceptable, a concept for managing nuclear fuel waste must "have the support of Aboriginal people." In section 6.1.1, the Seaborn Panel recognized that Aboriginal people could be among those most affected by a concept for managing nuclear fuel waste and that our involvement to date had been inadequate. They recommended:

"that the federal government should immediately initiate an adequately funded participation process with Aboriginal people, who should design and execute the process."

They stated that this would be consistent with their fiduciary relationship with Aboriginal people.

Government of Canada Response to the Seaborn Panel

In December 1998, the Government of Canada announced its response to the Seaborn Panel on nuclear fuel waste. The Government of Canada agreed with the Seaborn Panel recommendation concerning an adequately funded participation process for Aboriginal people. They also agreed to initiate a dialogue with representative Aboriginal communities and organizations to determine how we wanted to be consulted. The government also expected the Nuclear Waste Management Organization to continue the consultation and that these activities should be funded by producers and owners of nuclear fuel waste.

The Canadian Nuclear Safety Commission

The Canadian Nuclear Safety Commission (CNSC) is best described as the nuclear energy and materials watchdog in Canada. It is an independent agency of the Government of Canada and operates in a transparent manner under the authority of the Nuclear Safety and Control Act. Its operations are open to formal public scrutiny.

The overall regulation of nuclear reactor operations and waste management in Canada is the responsibility of the CNSC. The agency inspectors are required to monitor all nuclear facility activities. They provide the framework for how site preparation, construction, operation and decommissioning of nuclear facilities are obtained. In regard to nuclear fuel waste, the CNSC regulates the transportation of radioactive materials.

In addition to nuclear power plants and nuclear research facilities, the CNSC regulates numerous other uses of nuclear material. Some examples include radioisotopes used in the treatment of cancer, the operation of uranium mines and refineries, and the use of radioactive sources for oil exploration and in instruments such as precipitation measurement devices.

Canadian Environmental Assessment Act

The Canadian Environmental Assessment Act (CEA Act) was proclaimed on January 19, 1995. The purpose of this legislation is to ensure that the environmental effects of projects receive careful consideration before responsible authorities take actions in connection with them. It also is to ensure that they carry out their responsibilities in a coordinated manner with a view to eliminating unnecessary duplication in the environmental assessment process. The legislation also ensures that projects carried out in Canada or on federal lands do not cause significant adverse environmental effects outside the jurisdictions in which the projects are carried out. Finally, it is to ensure that there will be an opportunity for public participation in the environmental assessment process.

It is under the CEA Act that an environmental assessment for a nuclear waste facility would be prepared, reviewed and approved. Currently, this Act does not ensure that Aboriginal people are adequately involved in all aspects of environmental assessment where our rights and interests may be adversely affected by proposed developments.