By Caitlin Costello and Jacqueline Wilson
Federal Environmental Petitions
The federal Office of the Auditor General provides for an environmental petitions process pursuant to section 22 of the Auditor General Act. The Canadian Environmental Law Association sees the process as an important way to improve federal environmental decision-making because it allows members of the public to raise their environmental concerns directly with relevant federal Ministers. There is a guaranteed response.
Petition about Federal Disclosure Obligations on Radioactive Contamination of Public and Private Properties
In 2024, a petitioner from Port Hope, Ontario submitted an environmental petition pursuant to the Auditor General Act to seek information about federal government disclosure practices regarding radioactive nuclear contamination on public and private properties in Port Hope, Ontario. The petitioner seeks a formal commitment that the federal government will proactively disclose information in its possession about radioactive contamination that could affect the health of members of the public – for instance, because of contamination of school properties, public parks or roadways, and municipal frontage on residential properties.
The petition raised the Federal government’s international legal obligations to provide members of the public with meaningful access to information pursuant to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, as well as obligations under the International Covenant on Civil and Political Rights and the United Nations Convention on the Rights of the Child. It raised concerns with current federal government practice requiring members of the public to seek information through specific requests, including Access to Information Act requests. Members of the public have no way to know that they should make a request for information about radioactive contamination of public or private properties or what to request.
The petition also highlighted that it is not possible to accurately calculate the effective dose of radiation to a member of the public as outlined in the Radiation Protection Regulations if information about exposures on public and private properties is not disclosed or considered on an individual basis.
The petition provided a personal example from Port Hope, Ontario. The petitioner raised concerns about contamination of a local public school with high levels of indoor radon gas – at a former public school, a popular local park and the municipal frontage of her family home for many years.
A full copy of the petition may be found here.
The Federal Minister of Energy and Natural Resources’ Response
Despite the federal government’s clear recognition that there is historic nuclear waste which was “originally managed in a way that is no longer considered acceptable” and the Port Hope Area Initiative, which involves the clean up of millions of cubic metres of historical low-level radioactive waste in Port Hope and Clarington, the federal government’s response makes the erroneous claim that all nuclear waste is safely managed at Canadian Nuclear Safety Commission licenced facilities.
Of serious concern, the federal government continues to provide no proactive disclosure of information regarding the radioactive contamination of private or public properties to members of the public. The Minister’s response requires members of the public to request information from Canadian Nuclear Laboratories for public properties and to make Access to Information Act requests for information about private properties. The Minister’s response also does not address the concerns raised about the inaccuracy of any calculation of the annual public dose of radioactivity where there is no individual calculation of exposures.
The full response may be found here.
Conclusion
The federal government’s response does not address the petitioner’s concerns. Members of the public should not shoulder the responsibility to investigate whether the properties they frequent are contaminated with radioactive waste and are impacting their health. The public should not be required to make requests for information without any way to know there is a problem or what they should request.
The purpose of the Access to Information Act is to increase accountability and transparency of federal institutions. The legislation is instead acting as a barrier to public access to information about radioactive contamination that affects them.
We urge the federal government to find more proactive and helpful approaches to share information about radioactive contamination of public and private properties, rather than placing the burden of investigation on the public.
Blog: Federal Response to Client Petition does not Address Concerns About Radioactive Contamination and Health
By Caitlin Costello and Jacqueline Wilson
Federal Environmental Petitions
The federal Office of the Auditor General provides for an environmental petitions process pursuant to section 22 of the Auditor General Act. The Canadian Environmental Law Association sees the process as an important way to improve federal environmental decision-making because it allows members of the public to raise their environmental concerns directly with relevant federal Ministers. There is a guaranteed response.
Petition about Federal Disclosure Obligations on Radioactive Contamination of Public and Private Properties
In 2024, a petitioner from Port Hope, Ontario submitted an environmental petition pursuant to the Auditor General Act to seek information about federal government disclosure practices regarding radioactive nuclear contamination on public and private properties in Port Hope, Ontario. The petitioner seeks a formal commitment that the federal government will proactively disclose information in its possession about radioactive contamination that could affect the health of members of the public – for instance, because of contamination of school properties, public parks or roadways, and municipal frontage on residential properties.
The petition raised the Federal government’s international legal obligations to provide members of the public with meaningful access to information pursuant to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, as well as obligations under the International Covenant on Civil and Political Rights and the United Nations Convention on the Rights of the Child. It raised concerns with current federal government practice requiring members of the public to seek information through specific requests, including Access to Information Act requests. Members of the public have no way to know that they should make a request for information about radioactive contamination of public or private properties or what to request.
The petition also highlighted that it is not possible to accurately calculate the effective dose of radiation to a member of the public as outlined in the Radiation Protection Regulations if information about exposures on public and private properties is not disclosed or considered on an individual basis.
The petition provided a personal example from Port Hope, Ontario. The petitioner raised concerns about contamination of a local public school with high levels of indoor radon gas – at a former public school, a popular local park and the municipal frontage of her family home for many years.
A full copy of the petition may be found here.
The Federal Minister of Energy and Natural Resources’ Response
Despite the federal government’s clear recognition that there is historic nuclear waste which was “originally managed in a way that is no longer considered acceptable” and the Port Hope Area Initiative, which involves the clean up of millions of cubic metres of historical low-level radioactive waste in Port Hope and Clarington, the federal government’s response makes the erroneous claim that all nuclear waste is safely managed at Canadian Nuclear Safety Commission licenced facilities.
Of serious concern, the federal government continues to provide no proactive disclosure of information regarding the radioactive contamination of private or public properties to members of the public. The Minister’s response requires members of the public to request information from Canadian Nuclear Laboratories for public properties and to make Access to Information Act requests for information about private properties. The Minister’s response also does not address the concerns raised about the inaccuracy of any calculation of the annual public dose of radioactivity where there is no individual calculation of exposures.
The full response may be found here.
Conclusion
The federal government’s response does not address the petitioner’s concerns. Members of the public should not shoulder the responsibility to investigate whether the properties they frequent are contaminated with radioactive waste and are impacting their health. The public should not be required to make requests for information without any way to know there is a problem or what they should request.
The purpose of the Access to Information Act is to increase accountability and transparency of federal institutions. The legislation is instead acting as a barrier to public access to information about radioactive contamination that affects them.
We urge the federal government to find more proactive and helpful approaches to share information about radioactive contamination of public and private properties, rather than placing the burden of investigation on the public.
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