Interpretation and Application

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Nuclear Safety and Control Act. (Loi)

certificate

certificate means a document issued by the Commission or by a designated officer authorized under paragraph 37(2)(b) of the Act, indicating that a person is certified. (attestation)

certified

certified means certified by the Commission under paragraph 21(1)(i) of the Act or by a designated officer authorized under paragraph 37(2)(b) of the Act. (version anglaise seulement)

Class I nuclear facility

Class I nuclear facility means a Class IA nuclear facility and a Class IB nuclear facility. (installation nucléaire de catégorie I)

Class IA nuclear facility

Class IA nuclear facility means any of the following nuclear facilities:

• (a) a nuclear fission or fusion reactor or subcritical nuclear assembly; and

• (b) a vehicle that is equipped with a nuclear reactor. (installation nucléaire de catégorie IA)

Class IB nuclear facility

Class IB nuclear facility means any of the following nuclear facilities:

• (a) a facility that includes a particle accelerator, other than a particle accelerator described in paragraphs (d) and (e) of the definition Class II prescribed equipment in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations;

• (b) a plant for the processing, reprocessing or separation of an isotope of uranium, thorium or plutonium;

• (c) a plant for the manufacture of a product from uranium, thorium or plutonium;

• (d) a plant, other than a Class II nuclear facility as defined in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations, for the processing or use, in a quantity greater than 10¹⁵ Bq per calendar year, of nuclear substances other than uranium, thorium or plutonium;

• (e) a facility for the disposal of a nuclear substance generated at another nuclear facility; and

• (f) a facility prescribed by paragraph 19(a) or (b) of the General Nuclear Safety and Control Regulations. (installation nucléaire de catégorie IB)

effective dose

effective dose has the same meaning as in subsection 1(1) of the Radiation Protection Regulations. (dose efficace)

equivalent dose

equivalent dose has the same meaning as in subsection 1(1) of the Radiation Protection Regulations. (dose équivalente)

exclusion zone

exclusion zone means a parcel of land within or surrounding a nuclear facility on which there is no permanent dwelling and over which a licensee has the legal authority to exercise control. (zone d'exclusion)

federal authority

federal authority means

• (a) a Minister of the Crown in right of Canada;

• (b) an agency of the Government of Canada or a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established under an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;

• (c) any department or departmental corporation that is set out in Schedule I or II to the Financial Administration Act;

• (d) any other body that is set out in Schedule 1 to the Canadian Environmental Assessment Act, 2012; and

• (e) the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut.

  It does not include a council of the band as defined in subsection 2(1) of the Indian Act, Export Development Canada or the Canada Pension Plan Investment Board. It also does not include a Crown corporation that is a wholly-owned subsidiary, as defined in subsection 83(1) of the Financial Administration Act, or a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act, that is not set out in Schedule 1 to the Canadian Environmental Assessment Act, 2012. (autorité fédérale)

hazardous substance

hazardous substance or hazardous waste means a substance or waste, other than a nuclear substance, that is used or produced in the course of carrying on a licensed activity and that may pose a risk to the environment or the health and safety of persons. (substance dangereuse ou déchet dangereux)

IAEA

IAEA means the International Atomic Energy Agency. (AIEA)

IAEA Agreement

IAEA Agreement means the Agreement between the Government of Canada and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-proliferation of Nuclear Weapons, effective on February 21, 1972; INFCIRC/164; UNTS vol. 814, R. No. 11596. (Accord avec l'AIEA)

jurisdiction

jurisdiction means

• (a) a federal authority;

• (b) any agency or body that is established under an Act of Parliament and that has powers, duties or functions in relation to an assessment of the environmental effects of the preparation of a site for a Class I nuclear facility or its construction, operation, decommissioning or abandonment;

• (c) the government of a province;

• (d) any agency or body that is established under an Act of the legislature of a province, and that has powers, duties or functions in relation to an assessment of the environmental effects of the preparation of a site for a Class I nuclear facility or its construction, operation, decommissioning or abandonment;

• (e) any body that is established under a land claims agreement referred to in section 35 of the Constitution Act, 1982, and that has powers, duties or functions in relation to an assessment of the environmental effects of the preparation of a site for a Class I nuclear facility or its construction, operation, decommissioning or abandonment;

• (f) a governing body that is established under legislation that relates to the self-government of Indians and that has powers, duties or functions in relation to an assessment of the environmental effects of the preparation of a site for a Class I nuclear facility or its construction, operation, decommissioning or abandonment;

• (g) a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and

• (h) an international organization of states or any institution of such an organization. (instance)

licensed activity

licensed activity means an activity described in paragraph 26(e) of the Act that a licence authorizes the licensee to carry on in relation to a Class I nuclear facility. (activité autorisée)

licensee

licensee means a person who is licensed to carry on an activity described in paragraph 26(e) of the Act in relation to a Class I nuclear facility. (titulaire de permis)

prescribed equipment

prescribed equipment means the equipment prescribed by section 20 of the General Nuclear Safety and Control Regulations. (équipement réglementé)

prescribed information

prescribed information means the information prescribed by section 21 of the General Nuclear Safety and Control Regulations. (renseignements réglementés)

safeguards

safeguards means a verification system that is established in accordance with a safeguards agreement. (garanties)

safeguards agreement

safeguards agreement means

• (a) the IAEA Agreement and any arrangement between Canada and the IAEA made under that agreement; and

• (b) any agreement to which Canada is a party for the establishment in Canada of a verification system in respect of nuclear substances, prescribed equipment or prescribed information, and any arrangements made under such an agreement. (accord relatif aux garanties)

sealed source

sealed source means a radioactive nuclear substance in a sealed capsule or in a cover to which the substance is bonded, where the capsule or cover is strong enough to prevent contact with or the dispersion of the substance under the conditions for which the capsule or cover is designed. (source scellée)

worker

worker means a person who performs work that is referred to in a licence. (travailleur)

Application

2 These Regulations apply in respect of Class I nuclear facilities.

Licence Applications

General Requirements

3 An application for a licence in respect of a Class I nuclear facility, other than a licence to abandon, shall contain the following information in addition to the information required by section 3 of the General Nuclear Safety and Control Regulations:

• (a) a description of the site of the activity to be licensed, including the location of any exclusion zone and any structures within that zone;

• (b) plans showing the location, perimeter, areas, structures and systems of the nuclear facility;

• (c) evidence that the applicant is the owner of the site or has authority from the owner of the site to carry on the activity to be licensed;

• (d) the proposed management system for the activity to be licensed, including measures to promote and support safety culture;

• (d.1) the proposed human performance program for the activity to be licensed, including measures to ensure workers’ fitness for duty.

• (e) the name, form, characteristics and quantity of any hazardous substances that may be on the site while the activity to be licensed is carried on;

• (f) the proposed worker health and safety policies and procedures;

• (g) the proposed environmental protection policies and procedures;

• (h) the proposed effluent and environmental monitoring programs;

• (i) if the application is in respect of a nuclear facility referred to in paragraph 2(b) of the Nuclear Security Regulations, the information required by section 3 of those Regulations;

• (j) the proposed program to inform persons living in the vicinity of the site of the general nature and characteristics of the anticipated effects on the environment and the health and safety of persons that may result from the activity to be licensed; and

• (k) the proposed plan for the decommissioning of the nuclear facility or of the site.

Licence to Prepare Site

4 An application for a licence to prepare a site for a Class I nuclear facility shall contain the following information in addition to the information required by section 3:

• (a) a description of the site evaluation process and of the investigations and preparatory work that have been and will be done on the site and in the surrounding area;

• (b) a description of the site's susceptibility to human activity and natural phenomena, including seismic events, tornadoes and floods;

• (c) the proposed program to determine the environmental baseline characteristics of the site and the surrounding area;

• (d) the proposed quality assurance program for the design of the nuclear facility; and

• (e) the effects on the environment and the health and safety of persons that may result from the activity to be licensed, and the measures that will be taken to prevent or mitigate those effects.

Licence to Construct

5 An application for a licence to construct a Class I nuclear facility shall contain the following information in addition to the information required by section 3:

• (a) a description of the proposed design of the nuclear facility, including the manner in which the physical and environmental characteristics of the site are taken into account in the design;

• (b) a description of the environmental baseline characteristics of the site and the surrounding area;

• (c) the proposed construction program, including its schedule;

• (d) a description of the structures proposed to be built as part of the nuclear facility, including their design and their design characteristics;

• (e) a description of the systems and equipment proposed to be installed at the nuclear facility, including their design and their design operating conditions;

• (f) a preliminary safety analysis report demonstrating the adequacy of the design of the nuclear facility;

• (g) the proposed quality assurance program for the design of the nuclear facility;

• (h) the proposed measures to facilitate Canada's compliance with any applicable safeguards agreement;

• (i) the effects on the environment and the health and safety of persons that may result from the construction, operation and decommissioning of the nuclear facility, and the measures that will be taken to prevent or mitigate those effects;

• (j) the proposed location of points of release, the proposed maximum quantities and concentrations, and the anticipated volume and flow rate of releases of nuclear substances and hazardous substances into the environment, including their physical, chemical and radiological characteristics;

• (k) the proposed measures to control releases of nuclear substances and hazardous substances into the environment;

• (l) the proposed program and schedule for recruiting, training and qualifying workers in respect of the operation and maintenance of the nuclear facility; and

• (m) a description of any proposed full-scope training simulator for the nuclear facility.

Licence to Operate

6 An application for a licence to operate a Class I nuclear facility shall contain the following information in addition to the information required by section 3:

• (a) a description of the structures at the nuclear facility, including their design and their design operating conditions;

• (b) a description of the systems and equipment at the nuclear facility, including their design and their design operating conditions;

• (c) a final safety analysis report demonstrating the adequacy of the design of the nuclear facility;

• (d) the proposed measures, policies, methods and procedures for operating and maintaining the nuclear facility;

• (e) the proposed procedures for handling, storing, loading and transporting nuclear substances and hazardous substances;

• (f) the proposed measures to facilitate Canada's compliance with any applicable safeguards agreement;

• (g) the proposed commissioning program for the systems and equipment that will be used at the nuclear facility;

• (h) the effects on the environment and the health and safety of persons that may result from the operation and decommissioning of the nuclear facility, and the measures that will be taken to prevent or mitigate those effects;

• (i) the proposed location of points of release, the proposed maximum quantities and concentrations, and the anticipated volume and flow rate of releases of nuclear substances and hazardous substances into the environment, including their physical, chemical and radiological characteristics;

• (j) the proposed measures to control releases of nuclear substances and hazardous substances into the environment;

• (k) the proposed measures to prevent or mitigate the effects of accidental releases of nuclear substances and hazardous substances on the environment, the health and safety of persons and the maintenance of national security, including measures to

  • (i) assist off-site authorities in planning and preparing to limit the effects of an accidental release,

  • (ii) notify off-site authorities of an accidental release or the imminence of an accidental release,

  • (iii) report information to off-site authorities during and after an accidental release,

  • (iv) assist off-site authorities in dealing with the effects of an accidental release, and

  • (v) test the implementation of the measures to prevent or mitigate the effects of an accidental release;

• (l) the proposed measures to prevent acts of sabotage or attempted sabotage at the nuclear facility, including measures to alert the licensee to such acts;

• (m) the proposed responsibilities of and qualification requirements and training program for workers, including the procedures for the requalification of workers; and

• (n) the results that have been achieved in implementing the program for recruiting, training and qualifying workers in respect of the operation and maintenance of the nuclear facility.

Licence to Decommission

7 An application for a licence to decommission a Class I nuclear facility shall contain the following information in addition to the information required by section 3:

• (a) a description of and the proposed schedule for the decommissioning, including the proposed starting date and the expected completion date of the decommissioning and the rationale for the schedule;

• (b) the nuclear substances, hazardous substances, land, buildings, structures, systems and equipment that will be affected by the decommissioning;

• (c) the proposed measures, methods and procedures for carrying on the decommissioning;

• (d) the proposed measures to facilitate Canada's compliance with any applicable safeguards agreement;

• (e) the nature and extent of any radioactive contamination at the nuclear facility;

• (f) the effects on the environment and the health and safety of persons that may result from the decommissioning, and the measures that will be taken to prevent or mitigate those effects;

• (g) the proposed location of points of release, the proposed maximum quantities and concentrations, and the anticipated volume and flow rate of releases of nuclear substances and hazardous substances into the environment, including their physical, chemical and radiological characteristics;

• (h) the proposed measures to control releases of nuclear substances and hazardous substances into the environment;

• (i) the proposed measures to prevent or mitigate the effects of accidental releases of nuclear substances and hazardous substances on the environment, the health and safety of persons and the maintenance of national security, including an emergency response plan;

• (j) the proposed qualification requirements and training program for workers; and

• (k) a description of the planned state of the site on completion of the decommissioning.

Licence to Abandon

8 An application for a licence to abandon a Class I nuclear facility shall contain the following information in addition to the information required by sections 3 and 4 of the General Nuclear Safety and Control Regulations:

• (a) the results of the decommissioning; and

• (b) the results of the environmental monitoring programs.

Periodic Safety Reviews

• 8.01 (1) Every licensee who is licensed to operate a nuclear power plant must conduct a periodic safety review of the nuclear power plant at an interval specified in the licence.

• (2) For the purposes of subsection (1), nuclear power plant means a nuclear facility consisting of any fission-reactor installation that has been constructed to generate electricity on a commercial scale.

Time Lines: Application for Licence to Prepare Site

Compliance Verification

8.1 The Commission shall, within 60 days after the day on which an application for a licence to prepare a site for a Class I nuclear facility is received, determine whether the application contains sufficient detailed information for the Commission to commence its review.

Time Periods — Review of Application

8.2 The Commission shall, within five days after the day on which it determines that an application contains sufficient detailed information for it to commence its review, give notice of the commencement of its review

• (a) by providing notice in writing to this effect by mail or email to the applicant; and

• (b) by posting notice to this effect on its Internet site.

• 8.3 (1) The Commission shall render its decision in respect of an application within a time period of 24 months from the day on which the notice is posted in accordance with paragraph 8.2(b).

• (2) The following are excluded from the 24-month time period:

  • (a) any period granted by the Commission for the preparation and submission of information requested by the Commission, which in the opinion of the Commission is necessary to complete the review;

  • (b) any period, not to exceed 30 days following the Commission’s receipt of a response to the request for information referred to in paragraph (a), that the Commission requires to determine whether the information requested has been provided and is adequate;

  • (c) any period that is required by any jurisdiction to respond to an offer to consult and cooperate made by the Commission under section 18 of the Canadian Environmental Assessment Act, 2012 with respect to the Class I nuclear facility and, if the offer is accepted by any jurisdiction, any period that is required for consultation and cooperation with that jurisdiction;

  • (d) any period that is required to conduct, and render a decision on, an environmental assessment of the proposed preparation of the site for the Class I nuclear facility, or its construction, operation, decommissioning or abandonment, by any jurisdiction that is obligated by law to conduct that assessment and render a decision; and

  • (e) any period during which the licence application review was adjourned under section 14 of the Canadian Nuclear Safety Commission Rules of Procedure.

• (3) The Commission shall give notice of the beginning and end of any period that is excluded from the 24 months

  • (a) by providing notice in writing to this effect by mail or email to the applicant; and

  • (b) by posting notice to this effect on its Internet site.

Certification of Persons

Application for Certification

• 9 (1) This section and sections 10 to 13 do not apply in respect of Class IB nuclear facilities.

• (2) The Commission or a designated officer authorized under paragraph 37(2)(b) of the Act may certify a person referred to in paragraph 44(1)(k) of the Act for a position referred to in a licence after receiving from the licensee an application stating that the person

  • (a) meets the applicable qualification requirements referred to in the licence;

  • (b) has successfully completed the applicable training program and examination referred to in the licence; and

  • (c) is capable, in the opinion of the licensee, of performing the duties of the position.

• (3) The Commission or a designated officer authorized under paragraph 37(2)(b) of the Act may renew a certification after receiving from a licensee an application stating that the certified person

  • (a) has safely and competently performed the duties of the position for which the person was certified;

  • (b) continues to receive the applicable training referred to in the licence;

  • (c) has successfully completed the applicable requalification tests referred to in the licence for renewing the certification; and

  • (d) is capable, in the opinion of the licensee, of performing the duties of the position.

• (4) A certification expires five years after the date of its issuance or renewal.

Application for Examination

• 10 (1) If a licence requires a person to successfully complete an examination administered by the Commission in order to be certified, the person may take the examination after the Commission receives from the licensee an application that includes

  • (a) the name of the person;

  • (b) the name of the applicable examination; and

  • (c) a statement that the person has successfully completed the applicable training program referred to in the licence.

• (2) The Commission shall notify the licensee and the person of the examination results.

• (3) The notice of examination results shall include a description of the licensee's and the person's right to be provided with an opportunity to be heard in accordance with the procedure referred to in section 13.

Refusal to Certify

• 11 (1) The Commission or a designated officer authorized under paragraph 37(2)(b) of the Act shall notify a licensee who has applied for the certification of a person and the person in respect of whom certification is being sought of a proposed decision not to certify the person, as well as the basis for the proposed decision, at least 30 days before refusing to certify the person.

• (2) The notice shall include a description of the licensee's and the person's right to be provided with an opportunity to be heard in accordance with the procedure referred to in section 13.

Decertification

• 12 (1) The Commission or a designated officer authorized under paragraph 37(2)(b) of the Act shall notify a person in respect of whom a certificate has been issued and the licensee concerned of a proposed decision to decertify the person, as well as the basis for the proposed decision, at least 30 days before decertifying the person.

• (2) The notice shall include a description of the licensee's and the person's right to be provided with an opportunity to be heard in accordance with the procedure referred to in section 13.

Opportunity to Be Heard

• 13 (1) If a licensee or a person referred to in section 10, 11 or 12 has received a notice and has requested, within 30 days after the date of receipt of the notice, an opportunity to be heard either orally or in writing, the licensee or the person shall be provided with such an opportunity in accordance with the request.

• (2) On completion of a hearing held in accordance with subsection (1), the licensee and the person shall be notified of the decision and the reasons for it.

Records to Be Kept and Retained

• 14 (1) Every licensee shall keep a record of the results of the effluent and environmental monitoring programs referred to in the licence.

• (2) Every licensee who operates a Class I nuclear facility shall keep a record of

  • (a) operating and maintenance procedures;

  • (b) the results of the commissioning program referred to in the licence;

  • (c) the results of the inspection and maintenance programs referred to in the licence;

  • (d) the nature and amount of radiation, nuclear substances and hazardous substances within the nuclear facility; and

  • (e) the status of each worker's qualifications, requalification and training, including the results of all tests and examinations completed in accordance with the licence.

• (3) Every licensee who decommissions a Class I nuclear facility shall keep a record of

  • (a) the progress achieved in meeting the schedule for the decommissioning;

  • (b) the implementation and results of the decommissioning;

  • (c) the manner in which and the location at which any nuclear or hazardous waste is managed, stored, disposed of or transferred;

  • (d) the name and quantity of any radioactive nuclear substances, hazardous substances and radiation that remain at the nuclear facility after completion of the decommissioning; and

  • (e) the status of each worker's qualifications, requalification and training, including the results of all tests and examinations completed in accordance with the licence.

• (4) Every person who is required by this section to keep a record referred to in paragraph (2)(a) to (d) or (3)(a) to (d) shall retain the record for 10 years after the expiry date of the licence to abandon issued in respect of the Class I nuclear facility.

• (5) Every person who is required by this section to keep a record referred to in paragraph (2)(e) or (3)(e) shall retain the record for the period that the worker is employed by the licensee and for five years after the worker ceases to be so employed.

Coming into Force

15 These Regulations come into force on the day on which they are approved by the Governor in Council.