Indigenous Peoples' Participation in Regulatory Framework for Small Modular Reactors Operation in Canada

Abstract

SMRs have been variously described as a “game changer” for electricity generation in northern/remote communities of Canada. My paper will examine the likely impact of SMRs operations on Indigenous land rights vis-à-vis the requirement of consultation. Consistent with current risk-informed approach to regulating nuclear activities globally, it uses a risk-analysis approach to interrogate Indigenous participation in the existing regulatory framework developed by Canadian Nuclear Safety Commission (CNSC). It reviews Regulations, Licences and Regulatory Documents issued by CNSC, some CNSC hearing transcripts and decisions, and recent court decisions. My paper argues that, contrary to CNSC’s position that existing regulatory framework is suitable for SMRs operations, the regulatory framework is generally outdated and not in conformity with emerging jurisprudence on protecting Indigenous Peoples’ rights. It advocates greater participation of Indigenous people in developing regulatory framework for SMRs operations in order to achieve genuine reconciliation and build healthy-economic-partnership with Indigenous Communities.