As the Canadian Environmental Assessment Agency prepares a final draft report for the environment minister on the planned Deep Geologic Repository for low and medium level nuclear waste in Kincardine, one opponent is still insisting the project has exceeded its Statute of Limitations.
Joint Review Panel Participant John Mann points to the CEAA Act of 2012, section 54, which says the minister of environment must issue a decision within two years of referral to a review panel, which was ten years ago.
CEAA Communications Manager Lucille Jamault says the CEAA Act of 2012 required the project timeline to be adjusted.
But Mann says section 126 says the minister must establish the time limit from the day the act comes into force, and the decision is required within the time limit. And it says if the project started under the old act, then it continues under the new act.
He says the CEAA timeline does not actually detail the total time since 2012.
Jamault says in December 2016, The governor in council extend the time for a decision by 243 days, and 162 days remain. She adds they cannot speculate on the exact timing of the decision.
Mann says the act also allows for a one time maximum three-month extension. He says the government is ignoring the act by extending the decision for 243 days.
The environment minister determined the timeline for the panel to submit the report was 515 days or 17 months from the coming into force of the act.
And a decision was to be made four months after the panel report was submitted, not including time for OPG to respond to additional requests.
Mann adds the six month period between when the Joint Review Panel was established in January 2012, to the start of the pre panel phase in July is being ignored.
He says even from 2012, the 24-month time line cannot be documented, even excluding for the multiple times Ontario Power Generation was asked to provide information on other possible sites.