Class I Nuclear Facilities Regulations (SOR/2000-204)

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.