SLOWPOKE 2 Removed from Liability List

Summary#

These final regulations (SOR/2021-133), published in the Canada Gazette, Part II on June 23, 2021, remove the Saskatchewan Research Council’s SLOWPOKE 2 research reactor from the list of sites treated as nuclear installations under the Nuclear Liability and Compensation Regulations. The removal takes effect when the Canadian Nuclear Safety Commission issues a Licence to Abandon, or immediately if that licence was already issued by the registration date (June 10, 2021).

What it does#

• Removes Item 10 (the Saskatchewan Research Council: SLOWPOKE 2 Reactor) from the schedule to the Nuclear Liability and Compensation Regulations.
• Means the site will stop being treated as a “nuclear installation” under the Nuclear Liability and Compensation Act once a Licence to Abandon is issued by the Canadian Nuclear Safety Commission.
• Ends the requirement for the Saskatchewan Research Council to hold the financial security required by that Act for this site, and allows the Indemnification Agreement with Natural Resources Canada to be ended once the site is removed.
• After removal, liability for the site would be handled under ordinary civil law (common-law liability) instead of the Act’s special nuclear liability regime.

Who's affected#

• Saskatchewan Research Council — will no longer be subject to the special nuclear liability rules for this site once the licence to abandon is granted.
• Canadian Nuclear Safety Commission — remains responsible for deciding when the site is safe to abandon and for issuing the Licence to Abandon.
• Natural Resources Canada and the federal government — currently hold indemnification obligations under the Indemnification Agreement until the site is removed from the schedule.
• Local communities, insurers, and contractors involved with the site — could see changes in who holds legal responsibility and what insurance or financial guarantees are needed.
• If unclear: the regulation mainly affects the parties listed above; broader impacts are not spelled out in the source.

Why it matters#

• It aligns the legal liability status of the site with its physical and regulatory status. The reactor has been defuelled and the Canadian Nuclear Safety Commission monitors the site until it is ready to be abandoned.
• Removing the designation ends the special, government-backed liability rules for this site. That changes who pays for future claims and what insurance is required.
• For the public, it means the site moves from a specially regulated nuclear-liability regime back to the standard civil liability rules that apply to most other sites, once the Licence to Abandon is granted.
• The change was presented as low risk and mainly administrative. The CNSC’s licensing process includes consultation on the Licence to Abandon.