ENVIRONMENT |
Inter-Church Committee Educational Co-operative v. Canada (Atomic Energy Control Board)
A-528-02
2002 FCA 437 Noël J.A.
7/11/02
4 pp.
Motion for stay of execution of Trial Division's Campbell J.'s decision of September 23, 2002 ([2003] 2 F.C. 288) pending disposition of respective appeals--Campbell J. interpreted Canadian Environmental Assessment Act (CEAA), s. 74, held that Environmental Assessment and Review Process Guidelines Order (EARPGO) would not continue to apply (to exclusion of CEAA) in respect of proposals begun under EARPGO--Consequently, Campbell J. held applicant Cogema's licence for McClean Lake Project issued without jurisdiction, thus invalid, because no environmental assessment conducted under CEAA--Ordered that licence under review be quashed--Logic of this decision meaning that current licence could also be considered invalid --This, according to AECB (since replaced by Canadian Nuclear Safety Commission (CNSC)) has created uncertainty with regard to validity of current licence as well as to licensing process--Motion allowed--Criteria for stay met-- Serious issue as to proper interpretation of CEAA, s. 74-- Could be irreparable harm as immediate application of judgment would put CNSC in situation of having to choose between two courses of action either of which would likely give rise to irreparable harm (if current licence quashed, legitimacy of licensing process would be open to question; if decision quashed and Project shut down, result would be drastic impact on Cogema, workforce, Canadian uranium industry generally)--Balance of convenience in favour of maintaining current situation in which licensing process can continue to function in interim without CNSC being required to confront situation flowing from Campbell J.'s decision-- Particular consideration given to evidence suggesting Project would not present any particular threat to environment during interim period--Canadian Environmental Assessment Act, S.C. 1992, c. 37, s. 74--Environmental Assessment and Review Process Guidelines Order, SOR/84-467.