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Saskatchewan sues Ottawa over uranium mine clean-up

Nov 28, 2018 | 4:19 PM

The province of Saskatchewan has filed a lawsuit against the federal government seeking half of the huge costs it has and will incur for the clean-up of the defunct Gunnar Uranium Mine on Lake Athabasca. The total cost could reach around $280 million.

According to the statement of claim, Ottawa has not fulfilled its end of an agreement made in 2006 to share the remediation costs, and a provincial minister accused the Trudeau government of hiding behind legal jargon and not giving fair process regarding reconciliation and the environment in Saskatchewan. According to the province, the federal government is arguing Saskatchewan has been excessive in the scope of the work and spending.

So far, Saskatchewan has paid over $125 million toward the clean-up at the site, which was federally regulated since opening in the 1950s. It closed in 1964. However, Ottawa has so far paid only $1.1 million toward the remediation.

The original cost of the clean-up in 2006 was pegged at $24.6 million, with each level of government agreeing to chip in $12.3 million.

In confirming the statement of claim against the Attorney General of Canada, Minister of Energy and Resources Bronwyn Eyre alleged the federal government had failed to honour its part of the deal.

“I have been up at the Gunnar mine and I can say that our remediation efforts are truly on an awesome scale,” Eyre told reporters Wednesday. “We are simply asking, we are imploring the federal government to pay its fair share of continuing remediation work and to do well by the North and by the environment.”

Eyre claimed the federal government is “hiding behind legalize” by claiming the work Saskatchewan had done, and was ordered to do be done by the federal government, should have been carried out at a lower quality level.

“Tell that to the people who live and work at Lake Athabasca and to the contractor [which is] majority owned by Fond du Lac First Nation,” she said.

Eyre alleges the province was caught in a Catch 22 situation because the work had not exceeded federal requirements imposed by the federal regulator, but discussions over the years with Ottawa regarding costs for that work had come to nothing.

“In theory, the Canadian Nuclear Safety Commission could order us to continue working on this site forever, under pain of fine if we don’t, but on the other hand any efforts we’ve undertaken to seek the fair share of the bargain from the federal government has gone unheeded,” Eyre said.

Ottawa responds

In an emailed statement to paNOW the federal government said the money it contributed to the clean-up of the project so far was for the first phase of the 2006 agreement, which covered the consultation, environmental assessment and licensing phase.

“Our government places the highest priority on safety and the protection of health and the environment in all aspects of the Canadian nuclear industry,“ Vanessa Adams, the press secretary to the Office of the Minister of Natural Resources Canada said.

“As the owner of the site, the Government of Saskatchewan is responsible for the Gunnar Mine Remediation Project. Canada has provided funding for the first phase of the project and, consistent with the original agreement, we are committed to providing funding for the remaining two phases after Saskatchewan obtains all the necessary approvals required to proceed with remediation,” she said.

While Adams offered no further comment it appears the matter of whether or not Saskatchewan obtained all those necessary approvals before the remediation work started could form the basis of Ottawa’s legal retort to the lawsuit.

The 2006 agreement stipulated the second phase involves the implementation and operational phase, and it is that part of the project which Saskatchewan has been undertaking in recent years. The third phase would involve a post-closure monitoring phase.

The total overall cost of the entire project rose to an estimated $278 million, according to the court document issued by the province.

Minister points finger at Trudeau government’s attitude toward Saskatchewan 

At Wednesday’s media conference, Eyre was keen to point out what she sees as inconsistencies from the federal Liberal government.

“Virtually every day we hear the Trudeau government tell Canadians how important fair process is when it comes to reconciliation with First Nations communities and the environment,” she said. “But that doesn’t seem to be the case when it comes to Saskatchewan’s First Nations, Saskatchewan’s North and Saskatchewan’s environment.”

The federal government has 20 days to respond to the province’s statement of claim issued in Court of Queen’s Bench, Regina Tuesday.

All allegations have yet to be tested or proven before the courts.

 

glenn.hicks@jpbg.ca

On Twitter:@princealbertnow