Q&A Low-Level Radioactive Waste (LLRW) Trust Fund – Port Hope Ontario

The Low-Level Radioactive Waste (LLRW) cleanup affects both wards in the Municipality of Port Hope.  Under the terms of the clean-up agreement, the Federal Government provided $10M to the former Town of Port Hope (now Ward 1) and $10M to the former Township of Hope (now Ward 2).

Question 1:  What official documents are related to the Ward 2 Low-Level Radioactive Waste (LLRW) Trust Fund?

Answer 1:  There are three: (a) the cleanup and management agreement between three municipalities and the Federal Government (Ministry of Natural Resources), December 2000;  (b) the Township of Hope By-Law 3605, December 2000; and (c) the Transition Order / Board Order from the Province of Ontario, March 2000.  By the way, all three items are related to Ward 2, but only items (a) and (c) are related to Ward 1.

Question 2:  Where can I locate some of the documents related to the level radioactive waste (LLRW) hosting fees?

Answer 2:  This is a two-step process:  one to obtain a PDF file that is on this website (71 pages, 620 KB), and another step to obtain a PDF file that on the municipal website (20 pages, 320 KB).

First step:  Click here  to download  a PDF file that contains two of the related documents.  Both of these documents were obtained from the www.porthope.ca website, and have been bundled together into a single file for easy access.

Within the first document, titled “AN AGREEMENT FOR THE CLEANUP AND THE LONG-TERM SAFE MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE SITUATE IN THE TOWN OF PORT HOPE , THE TOWNSHIP OF HOPE and THE MUNICIPALITY OF CLARINGTON”, references may be found on page 49 (former Town of Port Hope), pages 50-51 (former Township of Hope), and pages 54-57 (amendment).
(Schedule 7 for the former Town of Port Hope, and Schedule 8 for the former Township of Hope can be viewed at the bottom of this page)

The second document in this set is the final page in the PDF file, and it relates to Ward 2 only:

Township of Hope By-Law 3605, dated December 19, 2000, BEING A BY-LAW TO AUI’HORIZE THE EXECUTION OF ALL DOCUMENTATION TO APPOINT A TRUSTEE IN ACCORDANCE WITH THE AGREEMENT WITH NATURAL RESOURCES CANADA.

Second step: the Transition Order / Board Order of March 2000, related to amalgamation, is available for download on the Municipality of Port Hope website, at this link below:

http://porthope.ca/en/residentservices/resources/TransitionOrder-RestructuringBoardOrder.pdf

Within that document, the title and Section 14.2 (1) are clipped below:

ORDER MADE UNDER

THE MUNICIPAL ACT, R.S.O. 1990, CHAPTER M. 45 COUNTY OF NORTHUMBERLAND TOWN OF PORT HOPE, TOWNSHIP OF HOPE, MUNICIPALITY OF CAMPBELLFORD/SEYMOUR, TOWNSHIP OF PERCY AND VILLAGE OF HASTINGS

14.2 (1) On January 1, 2001, the reserves and reserve funds of the former Town of Port Hope and former Township of Hope that are dedicated for special purposes become the reserves and reserve funds of the new town but shall be used only for the purpose for which they are dedicated and for the benefit of the ratepayers in the area of the former Town of Port Hope or former Township of Hope to which they are related.

Question 3:  Are the $10 million funds for both wards the same – specifically, do both of the $10 million funds have the same restrictions?

Answer 3:  No.  The $10 million for Ward 2 is in a trust fund, with specific restrictions on the use of the interest and the fund.  The $10 million for Ward 1 is not in a trust fund and does not have the same restrictions.  For more information about the Ward 2 trust fund, please refer to Q&A#1 and the associated PDF file.

 Question 4:  Is either ward’s $10M LLRW principle restricted at this time (March 2014)?

Answer 4:  No and yes.  No for Ward 1, since the Town of Port Hope $10 million no longer has ties to the Federal Government.  A licence was issued by the Canadian Nuclear Safety Commission to allow development to begin on the long-term waste management site on Baulch Road – obligations to the Federal Government, including possible return of the $10M by Ward 1, ceased at that point.  Yes for Ward 2, under the terms of the Ward 2 Trust Fund that is referenced in Q&A #1 (see above).

 Question 5: How has the interest from both LLRW Trust Funds been spent during 2001 to 2012?

Answer 5:  Below is a link to a 1-page PDF document which gives summary per Ward of how much interest was earned and summary information on how the interest was used.  http://porthope.ca/en/resources/01-06-14Ward1and2SummaryWebsite.pdf

NOTE: Council has asked Staff to research the details of how the interest from each ward’s $10M has been used over the years – the single page referenced above does not include that type of detail.

 LLRW Trust Fund document - Schedule 8 - Hope Township, Ontario Port Hope ON

Above: LLRW Trust Fund document – Schedule 8 – Township of Hope, Ontario

LLRW Trust Fund document - Schedule 7 - Port Hope, Ontario

Above: LLRW Trust Fund document – Schedule 7 – Town of Port Hope, Ontario