Government of Alberta launches nuclear energy engagement

On August 25, 2025, the Government of Alberta publicly re-affirmed its interest in nuclear energy with the launch of its Nuclear Energy Engagement (the Engagement).¹ Alberta is interested in developing a nuclear energy industry in the province and has organized an expert panel to seek and evaluate input from interested parties. 

The Engagement  

The Engagement will run in two phases. The first phase of the program is high level, and will gather input from “Albertans, Indigenous communities and stakeholders to help design the next phase of engagement.” Alberta has yet to release more information on what the second phase will entail, but stated its focus will be on “engaging with Indigenous communities and organizations to better understand their perspectives on the potential for nuclear energy development” and providing “additional opportunities for industry and the public to share feedback.”

The first phase of the program consists of an online survey and a Request for Information (RFI).

Survey

The survey was targeted towards laypersons, and asked respondents, among other things:²

• Their level of familiarity with nuclear energy.
• The potential benefits nuclear energy may hold for them.
• Their top concerns surrounding nuclear energy (i.e., safety, costs, proximity to homes, etc.). 

The survey was open from August 25, 2025, to September 25, 2025. 

RFI

The RFI is targeted towards organizations in the power industry who are potential project proponents, partners, subcontractors, or purchasers of nuclear power. The RFI asks the following:³

• What is your organization’s current or envisioned future role related to the nuclear energy industry in Alberta?
• What are the potential benefits to your organization, and for Albertans, if you can achieve your envisioned role in nuclear energy?
• What do you see as challenges and barriers to achieving your organization’s envisioned role in nuclear energy development? Consider financial, legal, information, investment attraction, policy certainty, knowledge and awareness, environmental, etc.
• How could the Government of Alberta help your organization overcome the identified barriers and challenges?
• Are there key challenges and opportunities your organization will face regarding national/international nuclear policies?
• Do you foresee any challenges and barriers to the Government of Alberta pursuing a nuclear industry in Alberta? If so, please identify the challenges and barriers along with recommendations on how they can be addressed by the government.
• Are there other organizations that you recommend be involved in exploring nuclear energy development in Alberta?
• Do you have additional information you would like to share with the Government of Alberta regarding nuclear energy?

Respondents have until October 25, 2025, to complete the RFI.

An intended outcome of the Engagement is to develop a comprehensive nuclear roadmap and regulatory framework to support an Albertan nuclear energy industry. Such a roadmap may be structured similarly to the Alberta Hydrogen Roadmap.⁴

Alberta’s nuclear regulatory framework 

Presently, nuclear power plants (NPPs) are exclusively an area of federal jurisdiction.^5,6 The Canadian Nuclear Safety Commission (CNSC) oversees licensing for NPPs.⁷ Proponents of NPPs must apply for and obtain the following licences from the CNSC to advance NPP projects: ^8,9 

• Licence to Prepare Site;
• Licence to Construct;
• Licence to Operate;
• Licence to Decommission; and
• Licence to Abandon.

Additionally, NPPs that generate over 200 MWth are subject to federal impact assessments.¹⁰,¹¹ It is not known how Alberta’s proposed nuclear regulatory framework will integrate with the existing federal framework. However, one addition that Alberta and the Alberta Utilities Commission (AUC) will likely implement is amending the AUC’s Rule 007 facilities application process to cover NPPs, which presently only covers thermal, wind, and solar power plants.

Building Canada Act considerations

On June 26, the Building Canada Act (the BCA) was enacted.¹² The BCA aims to streamline the regulatory approval process for projects of national importance. The BCA allows the federal cabinet to, on the recommendation of the minister, classify certain infrastructure projects as being of “national importance,” and place such projects on the list in Schedule 1 of the BCA (the List). 

Once a project is on the List, the minister must issue the proponent a document (Document) that enumerates all the federal authorizations the project would normally require to proceed, with the Document acting as a substitute for each authorization. However, for projects governed by the Nuclear Safety and Control Act, the minister is still required to receive confirmation from the CNSC that the project will not compromise public safety before issuing the Document.

On September 11, 2025, the first five projects of national importance were placed on the List. Among them was the Darlington New Nuclear Project in Ontario (the DNNP).¹³ Notably, the DNNP had already received its licence to construct from the CNSC on April 4, 2025. It remains to be seen how the BCA’s Document issuance process would interact with an application for a licence to construct, and how it will interact with DNNP’s future application for a licence to operate. Norton Rose Fulbright will be monitoring these developments closely.

Norton Rose Fulbright’s nuclear expertise 

Our Canadian energy and infrastructure team’s most notable nuclear sector transaction was in 2011, when we represented AtkinsRéalis (then SNC-Lavalin) on its acquisition of Atomic Energy Canada’s commercial reactor division.¹⁴ Included in this transaction were the exclusive licensing of IP rights of the CANDU nuclear reactor to AtkinsRéalis, heavy water sale contracts, and subsequent advice on the transferability of CNSC licences. In March 2025, Norton Rose Fulbright again acted for AtkinsRéalis in its entry into a loan agreement with the Government of Canada, under which AtkinsRéalis will develop the next generation of CANDU nuclear technology for potential deployment in Canada and overseas.¹⁵

Additionally, our team has assisted with transfers of nuclear gauges and devices, accidents, uranium mining, yellow coke sales agreements, and early work on the environmental assessment of a long-term disposal site for the Nuclear Waste Management Organization. We have also appeared before the CNSC on contentious nuclear licensing disputes.