Algonquins of Ontario June 24, 2016 Caroline Ducros Director Environmental Assessment Division Canadian Nuclear Safety Commission 280 Slater Street PO Box 1046 Station B Ottawa, ON K1P 5S9 BY EMAIL ONLY [email protected] Dear Ms. Ducros, Subject: Algonquins of Ontario Preliminary Comments on Canadian Nuclear Laboratories’ Proposal for a Near Surface Disposal Facility at Chalk River Laboratories (Our File CF 48-3) The Algonquins of Ontario (AOO) acknowledge receipt of your correspondence dated March 16, 2016 and June 1, 2016 regarding Canadian Nuclear Laboratories’ (CNL) Proposal for the Near Surface Disposal Facility (NSDF) at Chalk River Laboratories. The AOO understand that following the submission of a Project Description (Attachment 1) by CNL on April 1, 2016, the Canadian Nuclear Safety Commission (CNSC) has determined that an Environmental Assessment (EA) under the Canadian Environmental Assessment Act, 2012 is required. The CNSC commenced the EA process on May 5, 2016. The AOO appreciate the opportunity at this stage of the process to provide written comments on the Project Description for the NSDF at Chalk River Laboratories. Since 1772, when the first Algonquin Petition was submitted to the Crown, the Algonquins have been on a journey of rebuilding and rediscovery. Today, the AOO are comprised of ten Algonquin Communities. These include the Algonquins of Pikwakanagan First Nation, Antoine, Kijicho Manito Madaouskarini (Bancroft), Bonnechere, Greater Golden Lake, Mattawa/North Bay, Ottawa, Shabot Obaadjiwan (Sharbot Lake), Snimikobi (Ardoch) and Whitney and Area (Attachment 2). Based on a Protocol signed in 2004, these Communities are working together to provide a unified approach to reach a settlement of the Algonquin land claim. On June 12, 2015, the AOO and the Governments of Canada and Ontario announced that their Negotiators had initialed a proposed Agreement-in-Principle. This is a key step toward a Final _____________________________________________________________________________________________________ 31 Riverside Drive, Suite 101, Pembroke, Ontario K8A 8R6 Telephone: (613) 735-3759 Fax: (613) 735-6307 Website: www.tanakiwin.com E-Mail: [email protected] 2 Agreement that will clarify the rights of all concerned and open up new economic development opportunities for the benefit of the Algonquins of Ontario and their neighbours in the Settlement Area in eastern Ontario. This commitment by Canada and Ontario means that the AOO can renew our efforts towards the rebuilding of the Algonquin Nation and move forward on this historic journey of reconciliation. Project Summary As detailed in the Project Description, the purpose of this project is to design, license, construct and commission the NSDF to accommodate Low-Level Waste at the Chalk River Laboratories site. It is CNL’s objective to have the NSDF operational and ready to accept waste by March 2020 and for the facility to then be in operation for approximately 50 years. The main physical works related to the project will be an engineered mound, built at near- surface level to contain the waste, a waste water treatment plant to treat leachate and wastewater from NSDF operations and both temporary and permanent supporting infrastructure. A site selection process has identified the East Mattawa Road (EMR) Site and the Alternate Site as two potential sites that would be suitable for the NSDF. Both sites are approximately 30 hectares in size and are located within the boundaries of the Chalk River Laboratories. A final site selection decision will be made following the completion of biodiversity and archaeological studies scheduled for the spring and summer of 2016, as well as ongoing consultation initiatives. AOO Comments and Requests regarding the NSDF Project Description Please find outlined below the AOO’s comments on various aspects of the Project Description as well as specific requests for information, clarification or revisions to the document itself. The “Comments” contained herein are intended to provide the AOO’s perspective on a particular aspect of the Project Description, whereas the noted “Requests” require action on the part of the CNSC as the Crown’s Consultation Coordinator or CNL. We have organized this list by section of the Project Description for your ease of reference. Section 2.1 Project’s Name, Nature and Proposed Location Comment 1: In addition to being located in the Town of Deep River, County of Renfrew, the proposed NSDF at the Chalk River Laboratories site is also situated in the Algonquin Land Claim Settlement Area. This Settlement Area includes 36,000 square kilometres within the watersheds of the Kichisippi (Ottawa River) and the Mattawa River, an unceded territory that covers much of eastern Ontario. There are 85 municipal jurisdictions located fully or partially within the Settlement Area, including 76 lower and single tier municipalities and 9 upper tier counties. Both the Town of Deep River and the County of Renfrew are located fully within the Settlement Area boundary. 3 To better understand the relative location of the two candidate sites for the NSDF, please refer to Attachment 3: NSDF Candidate Sites within the Algonquin Land Claim Settlement Area. You will note that in this part of the Territory, the Settlement Area boundary follows the Ontario- Quebec border in the midpoint of the Ottawa River. Given that the Chalk River Laboratories site is located on the Ontario shore of the Ottawa River, both candidate sites for the NSDF are clearly located with the Algonquin Settlement Area. Request 1: The AOO request that this section of the Project Description be revised to acknowledge the Chalk River Laboratories’ location as being within the Algonquin Settlement Area. We suggest the inclusion of the following wording: The CRL property is located within unceded Algonquin Territory. The Algonquins of Ontario have asserted existing Aboriginal rights and title throughout the Settlement Area, including the CRL site. This land claim is currently under negotiation by the Algonquins of Ontario and the Governments of Canada and Ontario. Section 2.3 Description of Communication Activities Comment 2: As outlined in this section, the AOO have not to date been included in CNL’s communication activities on the proposed NSDF. However, the Algonquins of Pikwakanagan First Nation (AOPFN), one of the ten Communities represented by the AOO, are identified as having been included. It is imperative that both the CNSC and CNL appreciate that the AOO also assert and expect a role in the federal Environmental Assessment pursuant to the terms of the Consultation Process Interim Measures Agreement as executed on July 29, 2009 by the Algonquins of Ontario and the Governments of Ontario and Canada as a fundamental component of the Algonquin Treaty negotiations. A copy of which is enclosed for your reference (Attachment 4). Section 2.4 Future Engagement Activities Request 2: In light of the Consultation Process Interim Measures Agreement, it is critical that the AOO be included in all future engagement activities executed not only by the CNSC, but by CNL as well. We expect that moving forward, the consultation process will be comprehensive, recognize the AOO’s unique interests and provide meaningful opportunities for input on the proposed NSDF at Chalk River Laboratories. Section 4.3 Project Proximity to Reserves, Traditional Territories and Land/Resources used by Aboriginal Peoples Comment 3: This section fails to acknowledge or reflect the presence of the Algonquins of Ontario and the location of the project within the Algonquin Settlement Area, an area which, as already mentioned, is subject to the AOO’s assertion of existing Aboriginal rights and title. As noted 4 above, there are ten Algonquin Communities who’s asserted Territory encompasses the Chalk River Laboratories site. As such, it is the AOO collectively who have declared an interest in the lands located within the watersheds of the Ottawa and Mattawa Rivers, and who regard this Territory as their traditional homelands. To better understand the distribution of these ten Algonquin Communities, please see Attachment 5: Algonquin Communities Comprising the Algonquins of Ontario within the Algonquin Settlement Area. Comment 4: It is the Algonquins of Ontario who are currently engaged in land claim negotiations with the Federal and Ontario governments. Although the land claim was initiated by the Algonquins of Pikwakangan First Nation (then known as the Algonquins of Golden Lake) in 1983; at present, it is the AOO who are undertaking these negotiations with the federal and provincial governments. The AOO Negotiation Team currently consists of a total of sixteen Algonquin Negotiation Representatives (ANRs), including the Algonquins of Pikwakangan’s Chief and Council as well as one representative from each of the nine Algonquin Communities. Request 3: To correct the inaccuracies detailed in Comments 3 and 4, the AOO suggest that the first two paragraphs of this section be revised as follows: The Chalk River Laboratories site is located within the Algonquin Land Claim Settlement Area. This area is the Traditional Territory of the Algonquins of Ontario, comprised of ten Algonquin Communities, which include the Algonquins of Pikwakanagan First Nation, Antoine, Kijicho Manito Madaouskarini (Bancroft), Bonnechere, Greater Golden Lake, Mattawa/North Bay, Ottawa, Shabot Obaadjiwan (Sharbot Lake), Snimikobi (Ardoch) and Whitney and Area. The Algonquins of Ontario and the Governments