The Canadian Nuclear Safety Commission (CNSC) regulates the use of nuclear energy and materials to protect health, safety, security and the environment; to implement Canada's international commitments on the peaceful use of nuclear energy; and to disseminate objective scientific, technical and regulatory information to the public.
The Commission is a quasi-judicial administrative tribunal set up at arm's length from government. It is independent from any political, government or private sector influence, and from CNSC staff. The Commission regulates nuclear safety, including through its licensing decisions.
- The Wheeler River Project proposed by Denison Mines Corp. (Denison)
- Ontario Power Generation's Darlington New Nuclear Project
Canada's nuclear regulatory framework is equipped to assess new nuclear projects in an efficient, consistent and transparent manner.
The CNSC is fully committed to regulatory efficiency while always remaining focused on the safety and security of people and the environment. That includes maintaining clear and fair processes that allow for rigorous review and meaningful public participation, including by Indigenous Nations and communities.
All public submissions considered by the Commission in making this decision are available on the CNSC website.
The Wheeler River Project
The Wheeler River Project (the Project) is a uranium mine and mill project proposed by Denison. The purpose of the Project is to extract and process uranium from the Phoenix deposit, a high-grade uranium deposit discovered by Denison in 2008. The Project is the first uranium mine in Canada to use the in-situ recovery mining method.
The Project site is located in the Athabasca Basin in northern Saskatchewan, approximately 600 km north of Saskatoon. The Project is located within Treaty 10 territory and the Homeland of the Métis, and is within the traditional territories of the Denesųłiné, Cree, and Métis.
Matters for decision
The Commission was required to make three determinations when deciding whether to issue a licence to Denison for site preparation and construction of its Wheeler River Project. These included:
- a determination based on the environmental assessment under the Canadian Environment Assessment Act, 2012 (CEAA 2012) on whether the project is likely to cause significant adverse environmental effects
- whether Denison has met the requirements for a licence to prepare site and construct its Wheeler River Project
- the adequacy of the consultation as per the duty to consult and, where appropriate, accommodate obligations under section 35 of the Constitution Act, 1982.
Duty to consult and, where appropriate, accommodate
The Commission determined that that the environmental assessment (EA) and licensing decisions triggered the duty to consult and, where appropriate, accommodate, with respect to the following rights holders1:
- English River First Nation
- Kineepik Métis Local #9
- Ya'thi Néné Lands and Resource Office
- Métis Nation-Saskatchewan
- Lac La Ronge Indian Band
- Peter Ballantyne Cree Nation
- Birch Narrows Dene Nation
- Prince Albert Grand Council
As will be further described in its detailed record of decision, the Commission was satisfied that the honour of the Crown was upheld, and that the legal obligation to consult and, where appropriate, accommodate was satisfied relative to the Commission's EA and licensing decisions.
The Commission's decision directs Denison and CNSC staff to continue ongoing engagement and consultation activities throughout the licence period, and to fulfill commitments made to Indigenous Nations and communities throughout the EA and licensing processes.
Environmental assessment
The Commission concluded that the Project is not likely to cause significant adverse environmental effects as defined in subsections 5(1) and 5(2) of CEAA 2012, considering the proposed mitigation measures and follow-up monitoring measures, including continued engagement with Indigenous Nations and communities and environmental monitoring to verify the predictions of the EA.
Licence to prepare site and construct
The Commission decided to issue a licence authorizing Denison to prepare a site for and construct the Wheeler River Project.
In making its decision, the Commission concluded that:
- Denison is qualified to carry on the activities authorized under the licence
- Denison has adequate measures in place to ensure that the health and safety of workers, the public and the environment will be protected in carrying on activities under the licence
- Denison will make adequate provision for the maintenance of national security and to implement international obligations to which Canada has agreed
The licence is valid until February 28, 2031, and includes 2 site-specific licence conditions that require Denison to:
- implement the Wheeler River Project EA conditions and regulatory commitments
- implement and maintain an Indigenous engagement program
As part of its decision, the Commission also accepted Denison's proposed financial guarantee of $42.7 million in the form of a surety bond, to which the Province of Saskatchewan is beneficiary. The financial guarantee will be implemented in 2 phases, reaching its full amount in year 2 of the licence period.
The decision by the Commission does not authorize the operation of the facility that will be constructed. Authorization to operate the facility, should Denison come forward with a licence application to do so, would be subject to a future Commission licensing hearing and decision.
Building trust and advancing reconciliation
As Canada's nuclear regulator, the CNSC is committed to building trust and advancing reconciliation.
As a lifecycle regulator, the CNSC focuses on continuous engagement and consultation with Indigenous Nations and communities before, during and after Commission proceedings for CNSC activities. This includes, for example, sharing project information, encouraging participation in public proceedings, and providing participant funding.
Going forward, the CNSC will continue its work to develop and nurture long-term relationships with the Indigenous Nations and communities that have been, and will continue to be, involved in the regulatory process for the Project.
Additional information on the CNSC's consultations in the context of the Project can be found in CNSC staff's review of the proposed Project.
Issuance of a summary decision
A summary record of decision is being issued at this time, in line with the Commission's mandate to conduct proceedings as informally and expeditiously as the circumstances and fairness permit.
The summary reflects the substance of the Commission's decision with respect to the application for a licence to prepare a site for and construct the Project. The detailed reasons for the Commission's decision will be provided in a full record of decision, to be published at a later date.
Timeline
- In May 2019, the EA for the Project commenced following Denison's submission of the project description.
- In August 2019, CEAA 2012 was repealed when the Impact Assessment Act (IAA) came into force; the EA continued under CEAA 2012 in accordance with the transitional provisions set out in section 182 of the IAA.
- In December 2019, the Commission issued its decision on the scope of the EA
- In July 2023, Denison applied to the CNSC for a licence to prepare site for and to construct the Project.
- In February 2025, the Commission announced that it would hold a 2-part public hearing to consider Denison's application for a licence to prepare a site for and to construct the Project.
- On October 8, 2025, and December 8-11, 2025, the Commission held a 2-part public hearing on Denison's application for a licence to prepare site and to construct.