What is the Legal Agreement?
The Government of Canada signed a Legal Agreement in 2001 with the Town of Port Hope, Hope Township (now merged to form the Municipality of Port Hope); and the Municipality of Clarington to establish the PHAI.
What is the change to the Legal Agreement?
Under the previous agreement, Canada’s involvement in the remediation of low-level radioactive waste (LLRW), restoration of properties in Port Hope, as well as the transportation of that waste to long-term safe storage would end with the PHAI. Under the new agreement:
- CANADA will extend its responsibilities for LLRW in Port Hope for an additional 80 years
- CANADA will continue to provide a safe storage space for LLRW found in Port Hope
- CANADA will extend liability for waste in the community that would have previously been passed to the property owner.
Why was the Legal Agreement changed?
The Legal Agreement was updated based on feedback from residents on the need to reduce the impact to the built and natural environment in Port Hope, to minimise socio-cultural community impacts, as well as to keep the project efficient – on time and on budget.
What This Change Means for Homeowners
- Property owners now have more flexibility to make decisions that best suit their property and circumstances.
- Property owners will have access to a safe and regulated waste management option for LLRW in the future.
- Participating in the PHAI is the only way to have remediation, restoration, transportation and storage fully funded.
- Under the future approach, any work completed on a property will be limited to the specific area being disturbed, such as during renovations or repairs, rather than addressing the full property.
Costs and Responsibilities Over Time
- Canada continues to play a central role in managing eligible low-level radioactive waste, but responsibilities for property owners change over time.
- During the PHAI, Canada covers all costs associated with remediation, transportation, waste management, and restoration.
- For the first 20 years after the PHAI ends, Canada will continue to cover both the transportation and long-term management of eligible low-level radioactive waste. The property owner will cover costs of any excavation and restoration.
- Beyond the 20-year period, Canada will continue to provide long-term storage at the facility, while property owners will be responsible for excavation and restoration, as well as transportation costs if waste is encountered during future work.
- It is important to note that property owners will usually already be doing work to trigger the need to remove the waste.
- During the first 20 years after the PHAI ends, the facility will accept the full suite of materials – Contaminants of Potential Concern, including arsenic.
- Beyond the first 20 years, the facility will only accept radiological material while non-radiological material can be managed through provincial systems.
Process for Municipal Properties
- The Municipality of Port Hope will be responsible for transporting radiologically contaminated material and for managing non-radiological contaminants, including arsenic, through provincial systems.
Construction Monitoring Program and Future Pathway
- A free Construction Monitoring Program will remain in place to ensure that historic waste can be safely managed if it is encountered during future work.
- The program will be triggered when property owners undertake construction or renovation activities that involve excavation.
- CNL will monitor the specific area being disturbed and identify any eligible low-level radioactive waste encountered within that footprint. If eligible material is identified, it can be safely transported and accepted at the facility in accordance with the timelines and responsibilities outlined in the agreement.
- This approach ensures that waste can be addressed safely if encountered in the future, without requiring full property remediation in advance.
Outcome for the Community
- The updated agreement strengthens long-term environmental protection while supporting community stability and growth.
- It provides property owners with greater certainty, flexibility, and choice, while maintaining strong safety and regulatory protections.
- It helps the Port Hope Area Initiative wrap up on schedule, with private property cleanup set for completion in 2031/2032.
