Forum between the Canadian Nuclear Safety Commission and Canadian Environmental Non-Governmental Organizations

Terms of Reference

Read the terms of reference for the Forum between the Canadian Nuclear Safety Commission and Canadian Environmental Non-Governmental Organizations (ENGOs).

1. Introduction

• 1.1. Whereas this Forum is meant to build on the work of an initial Forum with Environmental Non-Governmental Organizations (ENGOs) and Canadian Nuclear Safety Commission (CNSC) representatives, which was established in 2006 and which met 3 times between 2006 and 2008, and another ENGO–CNSC Forum that was established and met once in 2020 to discuss identified procedural and substantive concerns relating to Canadian nuclear regulation;
• 1.2. Whereas the CNSC and ENGOs welcome the opportunity for regular interactions separate from regulatory proceedings, meetings, and formal comment periods, to exchange information and ideas, and to pursue progress or resolution on issues of interest and concern; and aim to ensure that these ENGO-CNSC Forum meetings are commensurate with those the CNSC has with other stakeholders and interest groups;
• 1.3. Whereas the CNSC would like to improve the functionality, accountability, and effectiveness of CNSC staff efforts and is committed to building and reinforcing trust with ENGOs in the CNSC as Canada’s nuclear regulator; and
• 1.4. Whereas ENGO participation in this Forum does not constitute an endorsement of the CNSC, its processes, or role in licensing and environmental assessments, nor its independence and trust as a regulator.

2. Purpose and Objectives of the Forum

• 2.1. To facilitate the exchange of information and ideas, and to consider issues of interest or
  concern – including both substantive and procedural matters – especially structural aspects related to Canadian nuclear regulatory matters.
• 2.2. To maintain a separate line of engagement distinct from the narrower project- or policy-specific opportunities for ENGOs to intervene before the Commission on specific project licences, regulatory oversight reports, or reviews of draft regulatory documents or regulations.
• 2.3. To ensure that the CNSC and ENGOs bring forth their respective organizational views, as well as share information back within their respective organizations.
• 2.4. To promote constructive dialogue, discussion and debate in a respectful, open and transparent setting.

3. Governance

• 3.1. Forum meetings will be co-chaired by the CNSC’s Vice-President, Regulatory Affairs Branch  and Chief Communications Officer, and an ENGO member nominated by ENGO members. The ENGO Co-Chair nomination requires consensus among all ENGO Forum members.
• 3.2. The President and CEO of the CNSC is committed to engaging ENGOs within the CNSC–ENGO Forum and commits to attending at least one (1) session virtually/ in person (or a portion thereof) on an annual basis.
• 3.3. The ENGO Co-Chair will hold the position for a full fiscal year and after the second, or last meeting in a fiscal year, ENGO members will decide by consensus if the ENGO Co-Chair should continue in the role or if another ENGO member should be given the opportunity to co-chair.
• 3.4. If the CNSC Co-Chair is unable to attend a meeting, the CNSC’s Co-Chair will delegate the authority to co-chair the meeting to another CNSC vice-president.
  • 3.4.1. The CNSC Co-Chair will inform the ENGO Co-Chair as promptly as possible of the inability to attend a meeting and of the delegation of CNSC Co-Chair responsibility to another CNSC vice-president.
• 3.5. If the ENGO Co-Chair is unable to attend a meeting, the ENGO Co-Chair will delegate authority for co-chairing to another ENGO member.
  • 3.5.1. The ENGO Co-Chair will inform the CNSC Co-Chair as promptly as possible of the inability to attend a meeting and of the delegation of ENGO Co-Chair authority to another ENGO member.

4. Agendas, Minutes, and Related Documentation

• 4.1. Secretariat support for Forum meetings will be provided by CNSC staff.
  • 4.1.1. A Forum meeting summary, in draft, will be provided to Forum participants for review within thirty (30) business days of a Forum meeting.
  • 4.1.2. Forum participants will be requested to complete their review of a draft meeting summary and provide any comments or suggested edits within thirty (30) business days of receipt of the draft summary.
  • 4.1.3. Forum participants’ approval to finalize a draft meeting summary will be requested at the beginning of the subsequent Forum meeting and will be considered final when participants agree with the summary.
    • 4.1.3.1. If unanimous agreement to approve a meeting summary is not reached, a note of disagreement or dissension from part or all of the summary can be appended to the summary if an ENGO member, or the CNSC’s Co-Chair, so desires.
• 4.2. Each ENGO Forum meeting agenda and attendance will be posted on the CNSC’s public website and may be moved to the Government of Canada’s Open Data portal over time.
• 4.3. Meeting topics will be determined by ENGO members and shared with the CNSC’s Co-Chair and applicable CNSC staff, at least two (2) calendar months in advance of Forum meetings. Topic descriptions need not be exhaustive, but must be sufficient to allow relevant CNSC staff members to be identified and asked to attend the Forum meeting to either make presentations or to be available to answer potential questions from ENGO members.
• 4.4. Draft meeting agendas will be co-developed by the Co-Chairs, taking into consideration discussion items and/or actions arising during previous meetings.
  • 4.4.1. Draft meeting agendas will be provided to ENGO members for review at least thirty (30) business days in advance of a meeting.
  • 4.4.2. ENGO members will have five (5) business days to provide comments or suggestions on a draft meeting agenda to allow CNSC staff the time necessary to provide any documentation necessary for the meeting.
  • 4.4.3. A finalized agenda will be provided to ENGO members and CNSC staff participants at least ten (10) business days in advance of a meeting.
  • 4.4.4.  Any documentation required as part of an agenda item, whether prepared by ENGO members, CNSC staff, or jointly, will be provided to ENGO members and CNSC staff participants at least ten (10) business days in advance of a meeting.
    • 4.4.4.1. In the event that documentation required as part of an agenda item, whether prepared by ENGO members, CNSC staff, or jointly is not provided to ENGO members and CNSC staff participants at least ten (10) business days in advance of a meeting, the meeting will be rescheduled.
    • 4.4.4.2. Provision of documentation may be limited or restricted due to requirements or limitations of the Access to Information Act, Official Languages Act and/or Privacy Act. When a Forum member or representative wishes to rely on these Acts to be exempt from disclosure, they must provide an accompanying explanation of the Act(s)’ application to the specific case at hand and provide a reason for the decision not to disclose.
• 4.5. The Co-Chairs will collaborate on reporting ENGO forum activities to the Commission as per the funding agreement.
• 4.6. These Terms of Reference will be made public on the CNSC’s website.
• 4.7. A commitment tracker will be used to chart and facilitate the follow-up work performed by the CNSC and ENGOs between meetings. This will be the primary mechanism to address continuing or outstanding questions and concerns raised during forum meetings and ensure accountability when tracking progress on promised deliverables.

5. Frequency and Venue

• 5.1. Forum meetings will be 3.5 hours in duration and occur on a quarterly basis with the possibility of additional meetings subject to agreement by the co-chairs and ENGO members.
• 5.2. For reasons of geographical equity and to reduce both the expenditure of taxpayer funds and carbon footprints, the majority of Forum meetings will be held remotely through generally accessible videoconferencing services for which the CNSC holds an account or licence, and that ENGO members can readily access (e.g., Zoom).
  • 5.2.1. Depending on any physical distancing measures that endure temporarily or permanently following the COVID-19 global pandemic, Forum meetings may occasionally take place in person at the CNSC Offices at 280 Slater Street, Ottawa, Ontario, if agreed to by Forum members.

6. Membership

• 6.1. CNSC staff membership will consist of the CNSC’s Co-Chair, CNSC Stakeholder Relations management, and support staff. Participation of other CNSC staff in Forum meetings will depend on the agenda items agreed upon for each meeting.
• 6.2. ENGO membership will consist of representatives from national ENGOs and ENGOs in provinces, territories or regions of Canada with active and/or historical nuclear facilities and/or activities.
• 6.3. Additional, permanent ENGOs members may be invited to join if agreed to by the Co-Chairs, in consultation with ENGO members. Which ENGOs will be invited to join the Forum will be decided on a consensus basis.
• 6.4. Membership is voluntary and there will be no limits on length of membership.
  • 6.4.1. A lack of participation in two (2) consecutive Forum meetings without advance notice or justification will result in a warning from the CNSC Co-Chair that an ENGO member risks being removed from the Forum after an additional, consecutive absence.
  • 6.4.2. A lack of participation in three (3) consecutive Forum meetings without advance notice or justification will result in an ENGO member’s removal from the membership of the Forum.
  • 6.4.3. Only one (1) member from each ENGO will be recognized as an official member and have their eligible expenses covered by the CNSC for each Forum meeting.
    • 6.4.3.1. More than one (1) representative from an ENGO may participate in a Forum meeting, but any additional participants beyond the official ENGO member will be responsible for the expenses resulting from their participation.
• 6.5. Interested representatives from civil society organizations who are not members of the Forum and/or community members with a demonstrated interest in nuclear issues may attend Forum meetings as observers if agreed to by the Co-Chairs. Co-Chairs shall make every reasonable effort to ensure that these interested representatives from civil society organizations or community members with a demonstrated interest in nuclear issues are permitted to observe meetings. Their attendance can be coordinated with ENGO members. Notice of observers’ attendance should be provided to the CNSC Co-Chair at least two (2) weeks in advance of any Forum meeting. Observers may forward questions or comments to ENGO members for inclusion in the meeting in advance or during Forum meetings.

7. Support for ENGO Members

• 7.1. For each meeting that occurs, the one (1) officially designated member from each organization will be provided reimbursement for eligible travel and accommodation expenses, for which receipts will be required.
• 7.2. The CNSC will provide funding support to one (1) officially designated member from each organization and the ENGO Co-Chair for work done to prepare for each meeting held in a fiscal year, and/or for work done on agreed upon issues of interest in between meetings.
  • 7.2.1. The ENGO Co-Chair will receive a higher remuneration for undertaking additional responsibilities, including additional days required to support meeting preparations.

8. Review and Amendment

• 8.1. These Terms of Reference will be reviewed annually by the CNSC’s Co-Chair and ENGO members to determine if any amendments are required or appropriate.
• 8.2. These Terms of Reference may be amended with the agreement of the Co-Chairs in consultation with ENGO members.