Expert Support for Response to Federal Court Decision on Near Surface Disposal Facility Judicial Review

1.0 Introduction

The Canadian Nuclear Safety Commission (CNSC) is seeking operational and policy support from a contractor with expertise in Indigenous consultation, engagement and reconciliation to support the CNSC in addressing and operationalizing the Federal Court’s recent decision related to the Near Surface Disposal Facility (NSDF)- Kebaowek First Nation (KFN) v. Canadian Nuclear Labs (CNL): Kebaowek First Nation v. Canadian Nuclear Laboratories - Federal Co (https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/527544/index.do).

The purpose of this advance contract award notice (ACAN) is to signal the CNSC’s intention to award a contract for these services to:

Owl Vision Strategies
192 Scotch Settlement Rd
Southampton, Ontario
Canada N0H 2L0

Before awarding a contract, however, CNSC would like to provide other suppliers with the opportunity to demonstrate that they are capable of satisfying the requirements set out in this ACAN, by submitting a statement of capabilities within the posting period for this ACAN, which is 15 calendar days.

If, during the posting period, other potential suppliers submit a statement of capabilities that meets the requirements set out in this ACAN, the CNSC may proceed to a full tendering process as a Set-aside for Indigenous Business via the Government Electronic Tendering Service or by inviting bids directly from suppliers.

If no other supplier submits, on or before the closing date, a statement of capabilities meeting the requirements set out in the ACAN, a contract will be awarded to the above-noted supplier.

2.0 Background

The CNSC has a well-established consultation and engagement program to support the CNSC’s Commission in meeting its legal Duty to Consult and Accommodate obligations. However, a recent Federal Court decision (Kebaowek First Nation v. Canadian Nuclear Labs: Kebaowek First Nation v. Canadian Nuclear Laboratories - Federal Court) indicated that the Commission as part of its decision on the Near Surface Disposal Facility project at Chalk River Labs, did not adequately take into consideration the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Federal UN Declaration Act that was enacted by Parliament in 2021, in particular the UNDRIP principle of Free, Prior and Informed Consent (FPIC).

The Federal Court has directed the CNSC to re-initiate consultations with Kebaowek First Nation (KFN) with the aim of applying a UNDRIP lens and seeking to obtain KFN’s FPIC and reach an agreement, then report back to the Commission who will reconsider and issue the decision on the NSDF project.

This court decision has a significant impact not only on the CNSC’s consultation and engagement obligations for the NSDF project, but all ongoing and future nuclear projects that the CNSC will be required to assess and carry out consultation processes with Indigenous Nations and communities following this new legal standard.

The CNSC urgentlyimmediately requires additional expertise and support to help identify strategies and approaches to operationalize and carry out the Court’s direction and ensure the CNSC’s approaches, policies and processes for consultation and engagement with Indigenous Nations and communities is in line with the Court’s direction and best practices. This will require significant work and expertise to modernize and evolve the CNSC’s consultation and engagement practices and is a high priority for the CNSC and Government of Canada.

3.0 Objectives

The CNSC requires the services of a qualified expert to support in addressing and operationalizing the Federal Court’s recent decision related to the Near Surface Disposal Facility- Kebaowek First Nation v. Canadian Nuclear Labs: Kebaowek First Nation v. Canadian Nuclear Laboratories - Federal Court.

The Contractor must have expertise in:

- Indigenous consultation
- Engagement
- Reconciliation
- The United Nations Declaration on the Rights of Indigenous Peoples
- Indigenous Knowledge
- Indigenous culture, history and protocols
- Experience conducting consultation and engagement related to the nuclear sector

4.0 Scope of Work

The Contractor will work with the CNSC’s Indigenous Consultation and Engagement Division and Reconciliation Policy and Public Programs Division (RPPPD) to:

o Support the CNSC in reviewing its practices, policies and approach to consultation and engagement and identifying opportunities to improve and evolve these practices to ensure compliance with current legal requirements and in line with best practices (including the recent Kebaowek First Nation v. Canadian Nuclear Labs NSDF Judicial Review Decision: Kebaowek First Nation v. Canadian Nuclear Laboratories - Federal Court)
o Assessment of options/actions, and related risks, pros and cons, and opportunities to address the Court’s direction to work towards reaching Free, Prior and Informed Consent and agreement with potentially impacted Indigenous Nations for all regulatory processes for major nuclear projects
o Participate in consultation and engagement meetings and discussions with Indigenous Nations and communities, including those related to policy discussions and specific projects/regulatory processes as required
o Provide training to CNSC staff on consultation, engagement and reconciliation topics and approaches
o Provide training to CNSC staff on Indigenous culture, history, rights, and protocols
o Support the CNSC in reviewing and providing input into key policy initiatives including the CNSC’s Reconciliation Action Plan and REGDOC 3.2.2: Indigenous Engagement
o Support the CNSC in updating templates, forms and tools for consultation and engagement
o Participate in Divisional meetings with Indigenous Consultation and Engagement Division (ICED) and/or RPPPD
o Participate in meetings with ICED and/or RPPPD and other staff on specific topics, projects and initiatives related to the scope of work

5.0 Tasks to be Performed

- Review the Kebaowek First Nation v. Canadian Nuclear Laboratories - Federal Court and other relevant recent case law
- Review and report on best practices for consultation, engagement and collaboration with Indigenous Nations and communities from across the Federal and Provincial Governments and industry in Canada
- Review the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and complete an analysis of the specific UNDRIP articles and principles are directly relevant to the CNSC’s mandate and obligations
- Review the UNDA, 2021 and the UNDA Action Plan
- Provide feedback to the CNSC on potential options for future CNSC specific UNDA action plan measures
- Review and assess CNSC’s current consultation and engagement policies, templates and procedures and recommend revisions to bring in line with current best practices and legal requirements
- Train CNSC staff and management on consultation, engagement and reconciliation topics and approaches, as well as Indigenous culture, history, rights, and protocols
- Review and provide feedback on the CNSC’s Reconciliation Action Plan and recommendations on how the CNSC can effectively advance reconciliation with Indigenous peoples and set a positive example and standard for the nuclear sector
- Review and provide feedback on the CNSC’s updated REGDOC 3.2.2: Indigenous Engagement and support in responding to comments received by Indigenous Nations and communities and industry during the consultation period
- Participate in meetings with Indigenous Nations and provide feedback and advice to the CNSC on approaches and strategies to address their concerns, interests and priorities and how to adapt the CNSC
- Complete an options analysis table that assesses key options and actions the CNSC can take to evolve its consultation and engagement practices to be compliant with UNDRIP while maximizing regulatory efficiency and predictability. The assessment should look at each option on a range from high to low impact, and high to low-risk considering factors such as level of effort, impact, and risk.

6.0 Deliverables

Deliverable: Launch Meeting
Associated Schedule: One week after contract award

Deliverable: Progress meetings
Associated Schedule: One hour every other week during the duration of the contract

Deliverable: Project and action plan to outline key activities and priorities
Associated Schedule: 3 weeks after contract award

Deliverable: Review of key background reading materials listed in the tasks section
Associated Schedule: 4 weeks after contract award

Deliverable: Review the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and complete an analysis of the specific UNDRIP articles and principles are directly relevant to the CNSC’s mandate and obligations
Associated Schedule: 6 weeks after contract award

Deliverable: Complete an options analysis table that assesses key options and actions the CNSC can take to evolve its consultation and engagement practices to be compliant with UNDRIP while maximizing regulatory efficiency and predictability. The assessment should look at each option on a range from high to low impact, and high to low risk considering factors such as level of effort, impact, and risk.
Associated Schedule: 10 weeks after contract award

Deliverable: Review and assess CNSC’s current consultation and engagement policies, templates and procedures and recommend revisions to bring in line with current best practices and legal requirements
Associated Schedule: 20 weeks after contract award

Deliverable: Review and provide feedback on the CNSC’s Reconciliation Action Plan and recommendations on how the CNSC can effectively advance reconciliation with Indigenous peoples and set a positive example and standard for the nuclear sector
Associated Schedule: 25 weeks after contract award

Deliverable: Support the Strategic Planning Directorate (SPD) in the development and design of a business case to address resource needs in response to the NSDF KFN v. CNL Judicial Review decision.
Associated Schedule: TBD based on timing of the proposed business case

Deliverable: Review and provide feedback on the CNSC’s updated REGDOC 3.2.2: Indigenous Engagement and support in responding to comments received by Indigenous Nations and communities and industry during the consultation period
Associated Schedule: TBD based on timing of closing of consultation period

Deliverable:: Provide feedback to the CNSC on potential options for future CNSC specific UNDA action plan measures
Associated Schedule: 35 weeks after contract award

Deliverable: Participate in meetings with Indigenous Nations and provide feedback and advice to the CNSC on approaches and strategies to address their concerns, interests and priorities and how to adapt the CNSC
Associated Schedule: As needed

Deliverable: Train CNSC staff and management on consultation, engagement and reconciliation topics and approaches, as well as Indigenous culture, history, rights, and protocols
Associated Schedule: As needed

7.0 Contract Value

The estimated value of the contract is $255,000.00 CAD, including applicable taxes, over an initial one year period and one option year .

8.0 Minimum Mandatory Requirements

Any interested supplier must demonstrate, through a clear and detailed statement of capabilities, that it meets all of the following mandatory requirements:

1. Indigenous Consultation and Engagement Experience
The resource must have a minimum of 7 years of experience leading and conducting Indigenous consultation and engagement activities related to the nuclear sector, specifically radioactive waste management and nuclear reactor projects. This experience must include direct involvement in regulatory or project-specific processes.

2. UNDRIP and FPIC Expertise
The resource must have a minimum of seven years of experience working with Indigenous Nations and communities on matters related to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the principle of Free, Prior and Informed Consent (FPIC).

3. Cultural Competency and Endorsement
The resource must either:
o Self-identify as belonging to one or more of the following Indigenous groups: First Nations, Inuit, or Métis; OR
o Provide an endorsement letter from a recognized Indigenous organization or community (Elder or Lodge) attesting that the resource has established a trusted relationship with an Indigenous community. (Note: In respect of a contract, on which a supplier is making a proposal which involves subcontracting, the supplier must certify that at least thirty-three percent of the value of the work performed under the contract will be performed by an Indigenous business.)

9.0 Justification for the Pre-selected Supplier

The Canadian Nuclear Safety Commission (CNSC) requires immediate access to specialized expertise to comply with the Federal Court’s direction in Kebaowek First Nation v. Canadian Nuclear Laboratories. This decision mandates that the CNSC re-initiate consultations with Indigenous Nations using a UNDRIP lens and work toward achieving Free, Prior and Informed Consent (FPIC). Failure to act promptly would result in regulatory delays, legal risk, and reputational impacts for the CNSC and the Government of Canada.

Owl Vision Strategies has been identified as the only supplier capable of meeting these requirements within the required timeframe.

The firm possesses unique qualifications and experience that cannot be readily sourced elsewhere, including:

• Direct experience in Indigenous consultation and engagement specific to the nuclear sector, specifically radioactive waste management and nuclear reactor projects, which is essential given the technical and regulatory complexity of CNSC’s mandate.
• Proven expertise in applying UNDRIP principles and FPIC in regulatory contexts, ensuring compliance with the Federal UN Declaration Act and recent judicial interpretations.
• Established relationships and trust with Indigenous Nations and communities, which is critical for meaningful engagement and reconciliation efforts.
• Specialized knowledge of Indigenous culture, history, and protocols, combined with the ability to provide training and policy advice tailored to CNSC’s operational needs.

Given the urgency and the highly specialized nature of the work, no other supplier has been identified with equivalent capabilities. Owl Vision’s unique combination of technical consulting acumen, regulatory knowledge, and cultural competency ensures that the CNSC can meet its legal obligations and advance reconciliation in a manner consistent with best practices and government priorities.

10.0 Applicability of the trade agreement(s) to the procurement

This procurement is set aside from the international trade agreements under the provision each has for measures with respect to Aboriginal peoples or for set-asides for small and minority businesses.

Further to Article 800 of the Canadian Free Trade Agreement (CFTA), CFTA does not apply to this procurement.

11.0 Set-aside under the Procurement Strategy for Indigenous Business

This procurement is set aside under the federal government Procurement Strategy for Indigenous Business. For more information on Indigenous business requirements of the Set-aside Program for Indigenous Business see attached Annex 9.4 of the Supply Manual (https://canadabuys.canada.ca/en/how-procurement-works/policies-and-guid…).

12.0 Intellectual Property

Canada intends to retain ownership of all intellectual property arising out of the proposed contract on the basis that the main purpose of the contract is to produce a training program that will be used for the current training course and as the basis for all future training courses.

13.0 Statement of Capabilities

Suppliers who consider themselves fully qualified and available to meet the specified requirements may submit a statement of capabilities in writing to the contracting authority identified in this notice on or before the closing date of this notice. The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements and provide the attached certifications required for the Set-aside Program for Indigenous Business.

The closing date and time for accepting statements of capabilities is December 22, 2025 at 12:00 pm EST.

Suppliers are requested to submit documents in any of the following formats:

i. PDF attachments; and
ii. documents that can be opened with either Microsoft Word or Microsoft Excel.

Suppliers that submit documents in other formats do so at their own risk, as CNSC may be unable to read them. CNSC is not responsible for any technical problems experienced by Supplier in the email transmission or email receipt of their response.

14.0 Contact Information

Inquiries and statements of capabilities are to be directed in writing to the Canadian Nuclear Safety Commission (CNSC) solicitation inbox:

solicitation-demandedesoumission@cnsc-ccsn.gc.ca.

15.0 Policy Information

Government Contracts Regulations: section 6(d): “only one person is capable of performing the contract.