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Catalogue No. :
BT31-4/17-2005
ISBN:
0-660-62931-3
Alternate Format(s)
Printable Version

DPR 2004-2005
Canadian Nuclear Safety Commission

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Summary Information

Mission and Vision

It is the Canadian Nuclear Safety Commission’s (CNSC) mission to regulate the use of nuclear energy and materials to protect health, safety, security, and the environment and to respect Canada’s international commitments on the peaceful use of nuclear energy . In pursuing its mission, the CNSC 1 is working toward its vision of becoming one of the best nuclear regulators in the world.

To realize its vision, the CNSC is committed to:

  • An effective of its regulatory regime;
  • A high level of transparency;
  • Attraction and retention of excellent staff; and
  • An efficient regulatory regime.

To assess the achievement of this vision, the CNSC participates in domestic and international regulatory fora, benchmarks its activities against other domestic and international regulators by sharing and adopting best practices in a global context and meets the principles of Smart Regulation. The CNSC is responsible to the public, through Parliament, for assuring that these responsibilities are properly discharged.

1 Note: The Canadian Nuclear Safety Commission is referred to as the “CNSC” when referring to the organization and its staff in general, and as the “Commission” when referring to the tribunal component.

Regulatory Policy and Program Delivery

The CNSC’s Regulatory Fundamentals Policy (P-299), which was adopted in January 2005 by the Commission, is consistent with the principles of good governance and the Government of Canada’s Smart Regulation initiative. It states that persons and organizations subject to the Nuclear Safety and Control Act (NSCA) and regulations are directly responsible for managing regulated activities in a manner that protects health, safety, security, and the environment, while respecting Canada’s international obligations.

The CNSC regulates the use of nuclear energy and nuclear materials in Canada. Its regulations apply to the following areas:

  • Nuclear power reactors
  • Non-power reactors
  • Nuclear substances and radiation devices used in areas such as health care and research
  • Nuclear fuel cycle from uranium mining through to waste management
  • Imports and exports of controlled nuclear materials, dual-use materials, equipment and technology

The CNSC is a departmental corporation under Schedule II of the Financial Administration Act and a separate employer under the authority of the Public Service Staff Relations Act . The CNSC is an independent federal regulatory agency and a quasi-judicial administrative tribunal. To serve Canadians, the ultimate outcome of the CNSC is safe and secure nuclear installations and processes solely for peaceful purposes; and public confidence in the nuclear regulatory regime’s effectiveness. Consistent with the Government Canada’s Smart Regulation principles, the CNSC engages in extensive consultation and communication to ensure that information is clearly understood and accepted by stakeholders, including licensees.

The CNSC is an independent agency of the Canadian Government. The person responsible for the CNSC is the President and CEO. Reports are submitted to the Minister as part of the CNSC’s accountability to Parliament, because only Ministers have standing to table reports in Parliament. CNSC is able to maintain an arm’s length relationship with government when making legally-binding regulatory decisions.

The CNSC is not an advocate of nuclear science or technology. Rather, its mandate and responsibility is to regulate users of nuclear energy or materials to ensure their operations will not pose unreasonable risks to Canadians. Canadians are the sole clients of the CNSC.

The CNSC’s operations are funded through an annual appropriation from Parliament. The CNSC’s workload and therefore its resource requirements are largely driven by the level of demand for licensing and oversight and by the nature of Canada’s international commitments. Most costs incurred for the CNSC’s regulatory activities are recovered by the federal government from licensees under the Canadian Nuclear Safety Commission Cost Recovery Fees Regulations (2003).

The CNSC expects to recover approximately 70 percent of its total cost of operations from fee-paying licensees. Fees are collected by the CNSC and deposited to the Consolidated Revenue Fund. Fees are not a source of revenue for the CNSC or for its use without Parliamentary authority. External charging information for the CNSC’s Cost Recovery Program is available in Table 7-A .

Some licensees, such as hospitals and universities, are exempted by the Government of Canada from paying fees, which account for approximately 10 percent of total CNSC operational costs. In addition, these licensees’ fees are not chargeable for activities that result from CNSC obligations that do not provide a direct benefit to identifiable licensees. This includes activities with respect to Canada’s international obligations, including the non-proliferation of nuclear weapons, public responsibilities such as emergency preparedness and public information programs, and maintenance of the NSCA and associated regulations. This work amounts to approximately 20 percent of the CNSC’s program costs.

The CNSC also administers the Nuclear Liability Act (NLA). It designates nuclear installations and sets the nuclear insurance requirements to be carried by the operators of such nuclear installations. The CNSC receives premiums paid by the operators for supplementary insurance coverage and credits these premiums to the Nuclear Liability Reinsurance Account in the Consolidated Revenue Fund. The NLA is currently undergoing review, which could change the role of the CNSC.

The CNSC and Results for Canadians

The CNSC is a key contributor to the Government of Canada’s outcomes, which are the long-term and enduring benefits to Canadians that federal departments and agencies are working to achieve. The CNSC contributes directly to assuring the health of Canadians, to the protection of the environment and to the protection of Canadian society from potentially harmful effects of nuclear materials, substances and processes.

The CNSC also plays a significant role in bringing Canada’s expertise and perspective to the international arena regarding the safety and security of nuclear materials and technology, in matters such as possession, use, transport and international transfer of high-risk radioactive sources, radiation protection, international safety approaches for research reactors and global safeguards concepts and approaches used by the International Atomic Energy Agency (IAEA). As a well-established, independent, world-class regulator covering the full nuclear cycle, the CNSC’s expertise is sought regularly by countries throughout the world and by international agencies such as the IAEA. The CNSC is the Canadian lead on many international Conventions, and serves as the focal point to prepare, deliver and monitor Canadian compliance with these undertakings.

CNSC Challenges and Risks

In 2004-2005, it came clear that the CNSC’s operating context was becoming increasingly complex. The Canadian nuclear industry has experienced significant growth in all segments of the nuclear cycle and in virtually all areas where nuclear substances are used for industrial, medical or other purposes. There is unprecedented demand across most nuclear sectors for regulatory decisions and oversight. At the same time, threats and challenges to the international nuclear non-proliferation regime are substantial. Some of the challenges the CNSC faced in 2004-2005 are outlined as follows:

1. Power Reactors
Many of Canada’s existing nuclear reactors are approaching the end of their designed operating lives, which has an impact on Canada’s electricity supply. The most pressing decision facing the nuclear power industry is the refurbishment of many of Canada’s fleet of 22 nuclear reactors. Operators have been considering the feasibility of refurbishment and the construction of new reactors. Both options require increased regulatory input. The CNSC needs to provide clear, consistent input to licensees on regulatory requirements for each of the options under consideration. At this time, CNSC staff are fully occupied with the licensing and compliance work associated with existing facilities and were unable to allocate resources to prepare for the impending increase in regulatory workload.
2. Waste Management
Domestic and international pressure is being placed on Canadian industry and governments to handle nuclear waste more effectively and expeditiously. Waste management issues of significance in Canada include the storage of radioactive waste from power reactors, and the clean-up of legacy wastes from uranium mining and processing. Canadian industry and various levels of government are all moving forward with a number of initiatives to address nuclear waste management issues.
3. Uranium Mines, Refineries and Processing Facilities
The world demand for uranium has increased substantially over the last five years. Responding to this demand, licensees have been accelerating production from existing mines and expanding exploration programs. This increased activity resulted in greater demand for regulatory oversight by the CNSC. CNSC staff needs to meet this licensing challenge, providing risk-informed regulatory oversight throughout the construction licensing process without diminishing ongoing compliance work on existing facilities.

At the same time, some mining facilities are reaching the end of their useful lives and the CNSC has been encouraging progressive remediation with ongoing regulatory oversight throughout the winding-down of the mining operation; an example is the first modern-day mine decommissioning at Cluff Lake, Saskatchewan.

4. Nuclear Medicine

The demand for nuclear medicine has increased substantially in recent years, and this demand is expected to grow partially due in part to the recent federal-provincial health accord. The graph below indicates that licence applications for Class II nuclear facilities (principally, cancer treatment facilities) have grown from 153 in 2000 to 285 in 2004, which represents an 86% increase over four years. The number of these facilities is expected to increase to approximately 325 in 2005 and 500 units by 2015.

Image - Number of Class II Facilities, Projected and Actual, 2000-2015

5. Safeguards
The CNSC is responsible for implementing the safeguards agreements between Canada and the IAEA. In recent years, there has been a marked increase in verification effort by the IAEA in Canada as a result of increased international attention on the detection of undeclared nuclear material and activities in a State. In addition, new demands were placed upon the CNSC as the IAEA initiated the implementation of its policy decision to extend safeguards coverage to uranium conversion and refining facilities.

The CNSC’s principal challenge in this area is to ensure that regulatory oversight of nuclear material and activities in Canada is effective so as to assure Canadians that all declared nuclear material is adequately accounted for and that there is no undeclared nuclear material and activities. An effective national safeguards program will complement the IAEA’s efforts to draw similar conclusions for the international community.

6. Security
Physical security and emergency preparedness as important components of the overall safety of nuclear facilities have received increased attention since the events of September 11, 2001. The CNSC provides oversight of the physical protection and emergency preparedness programs of the licensed facilities based on a modern regulatory framework. Benchmarking of our program against other international and domestic agencies is requiring increased attention in same areas.

In addition, issues related to border security and import/export controls over the movement of nuclear material have increased the CNSC’s regulatory oversight and level of responsibility in these areas, especially in the North American context.

7. Governance and Accountability
There has been an unprecedented demand from central agencies and Parliament for increased accountability. In 2004, the CNSC undertook a self-assessment against the elements of the Treasury Board’s Management Accountability Framework, a framework of management expectations for modern public service management. This assessment indicated that, consistent with the CNSC’s 2002 Modern Comptrollership Capacity Assessment, governance, accountability and stewardship are strong at the CNSC. The CNSC has demonstrated that it is well-governed in performance reviews by a number of oversight agencies in areas from financial and auditing obligations, to official languages, to human resources, to privacy matters and access to information. The Auditor General, in a statement made in February 2005, said that “the CNSC has made significant progress in acting on the recommendations [the OAG] made in 2000 on the licensing and regulation of nuclear power reactors”. She also added that “the CNSC stands out as an example of an organization that took [the OAG’s] recommendations very seriously…”.

CNSC 2004-2005 Performance Summary

The CNSC has established a strategic framework for planning, monitoring and reporting (see CNSC Logic Model ). Plans for future years are articulated in our annual Report on Plans and Priorities (RPP) at http://www.nuclearsafety.gc.ca . The plans for this reporting year were outlined in the 2004-2005 RPP ( http://www.tbs-sct.gc.ca/est-pre/20052006/cnsc-ccsn/cnsc-ccsnr56_e.asp ).

The CNSC’s strategic framework has the following five immediate outcomes:

  1. A clear and pragmatic regulatory framework
  2. Individuals and organizations that operate safely and conform to safeguards and non-proliferation requirements
  3. High levels of compliance with the regulatory framework
  4. CNSC cooperates and integrates its activities in national/international nuclear fora
  5. Stakeholders’ understanding of the regulatory program

Underlying the CNSC’s strategic framework is its management and enabling infrastructure. This infrastructure consists of management, human resources, finance, information services and infrastructure programs that enable the CNSC to perform the activities required and meet the requirements of good governance with a high level of accountability.

For 2004-2005, the CNSC planned its expenditures for each immediate outcome. The 2004-2005 plan incorporated the CNSC’s logic model for the first time. The following table shows a comparison of actual expenditures incurred against planned spending.

Total Financial Resources ($000's)
Main Estimates Planned Spending Total Authorities Actual Spending
65,375 70,595 75,609 73,180

Total Human Resources (Full Time Equivalents (FTE))
Main Estimates Planned Spending Total Authorities Actual Spending
504.2 530.2 530.2 516.8

Outcomes 2004-2005 Planned Spending ($000's) Actual Spending ($000's) Planned Spending (FTE) Actual Spending (FTE)
1. A clear and pragmatic regulatory framework 6,986 6,130 44.6 38.1
2. Individuals and organizations that operate safely and conform to safeguards and non-proliferation requirements 16,366 13,318 133.3 99.4
3. High levels of compliance with the regulatory framework 28,462 34,004 230.8 252.1
4. CNSC cooperates and integrates its activities in national/international nuclear fora 14,635 15,360 91.3 96.1
5. Stakeholders’ understanding of the regulatory program 4,146 4,368 30.2 31.0
Totals 70,595 73,180 530.2 516.8

The table below indicates the status of planned activities as set out in the CNSC’s RPP 2004-2005. More details concerning these activities can be found on the relevant section of this report, where indicated, or by contacting the CNSC.

Status (as of March 31, 2005)
√√ Completed
Partially completed
I Initiated
D Delayed
Ongoing core activity


1. Immediate Outcome: A clear and pragmatic regulatory framework
2004-2005 RPP committed Priorities: 2004-2005 RPP committed Plans: Status Reference
Modern Nuclear Safety and Control Act (NSCA), with powers to protect health and safety, security, the environment and to respect Canada's international commitments on the peaceful use of nuclear energy Review on an ongoing, systematic and consultative basis, the NSCA, regulations under the Act and regulatory practices codified in regulatory documents Ongoing review of the Nuclear Safety and Control Act and regulations
Efficient regulatory system into which licensees and other stakeholders have appropriate input Review Rules of Procedure for the Commission tribunal Contribution to the Smart Regulation Initiative
An evergreen risk-informed approach to regulatory strategies, regulations and licensing requirements in line with Smart Regulation Input into the Smart Regulation initiative of the Government of Canada √√ Contribution to the Smart Regulation Initiative
Develop specific Safeguards Regulations based on the requirements of the Safeguards Agreement and Additional Protocol I --
Revise the following existing regulations:    
Nuclear Security Regulations Regulatory amendments and improvements to the regulatory framework
Class II Nuclear Facilities and Prescribed Equipment Regulations Regulatory amendments and improvements to the regulatory framework
Nuclear Substances and Radiation Devices Regulations Regulatory amendments and improvements to the regulatory framework
Nuclear Non-Proliferation Import and Export Control Regulations I

--

Comprehensive, integrated and consistent set of regulatory documents (Policies, Standards and Guides) to clarify regulatory requirements and expectations Develop regulatory policies, standards and guides in accordance with priorities identified in CNSC-approved Regulatory Documents Framework; start with a regulatory policy to promote consistency and clarity regarding the way in which the CNSC achieves its regulatory objectives Regulatory amendments and improvements to the regulatory framework
Influence and adopt international standards where applicable to the Canadian context International nuclear non-proliferation activities


2. Immediate Outcome: Individuals and organizations that operate safely and conform to safeguards and non-proliferation requirements
2004-2005 RPP committed Priorities: 2004-2005 RPP committed Plans: Status Reference
Optimization of the licensing principles, framework and methodology for all licensing and certification activities Use a consistent risk-informed methodology for licensing priorities and resource allocation across all licensing areas Implementing risk-informed licensing methodology
Optimize licence periods for verification of performance and compliance I Extending licence periods
Formulate an approach for licensing of new or refurbished nuclear power plants and possible waste management solutions Licensing basis for the design of new nuclear power plants
Formulate an approach for decisions on end-of-life of facilities I

--

Integrate the licensing for nuclear facilities where a number of licences are now required for different processes at a single facility I Other licensing-related initiatives
Clarification of licensing and certification processes Clarify licensing expectations and application requirements through clear communication with licensees and improved documentation of processes I Implementing risk-informed licensing methodology
Assurance that nuclear activities and facilities in Canada are conducted with adequate provision for protection of health, safety, security and the environment and the fulfillment of commitments to the peaceful use of nuclear energy Continue to conduct the CNSC's comprehensive and diligent system of licensing and certification Other licensing-related initiatives
Continue the special focus on security within updated government and international requirements Other licensing-related initiatives
Utilization of information technology to strategic advantage in licensing and certification consistent with the Government-on-Line initiative Enhance and integrate a system for capturing licensee information including developing and implementing a secure electronic business-based licensing system I

--

  Implement a new, integrated system to account for nuclear materials subject to IAEA safeguards and bilateral agreements √√ Other licensing-related initiatives
Improvement of the effectiveness of the role of the Commission Tribunal in licensing Undertake an evaluation and implement improvements to the tribunal process Other licensing-related initiatives


3.  Immediate Outcome: High levels of compliance with the regulatory framework
2004-2005 RPP committed Priorities: 2004-2005 RPP committed Plans: Status Reference

A fully integrated system for planning, conducting, reporting and measuring the effectiveness of compliance activities for all licensees

Develop integrated strategies emphasizing licensee safety culture and safety management I Safety culture and management
Promote inter-licensee dialogue on compliance --

Develop integrated inspection plans

Other compliance-related initiatives
Complete integration of the management of compliance activities into the results-based corporate planning and accountability processes and implement relevant performance measures I Integrated planning for results, efficiency and consistency

Build an on-line system for CNSC staff to access current compliance information, inspection results and trends

I --
Risk-informed compliance strategies to guide all compliance activities Implement a dynamic risk ranking process for all licensees that informs the selection of compliance strategies I Compliance planning and management
Provision of regulatory assurance to Canadians of the continuing compliance and safety performance of licensees Continue to conduct a strong compliance program Other compliance-related initiatives
Continue to improve communication of compliance results to stakeholders Compliance planning and management


4. Immediate Outcome: CNSC cooperates and integrates its activities in national/international nuclear fora
2004-2005 RPP committed Priorities: 2004-2005 RPP committed Plans: Status Reference

Effective cooperation with international, federal and provincial organizations, departments and agencies

Develop a framework for establishing and reviewing cooperative arrangements with federal and provincial organizations, departments and agencies, and foreign nuclear regulators on an evergreen basis Cooperative frameworks
Effective, efficient and cooperative CNSC Emergency Preparedness framework and infrastructure Maintain and continuously improve the CNSC's emergency response capacity and influence on other federal, provincial and municipal participants Nuclear emergency management
Effective and targeted participation in international organizations, conferences and workshops Strong cooperative working relationships with strategic nuclear regulatory partners Implement a framework, including tracking and reporting mechanisms, for determining and evaluating the CNSC's participation in international activities on nuclear-related matters √√ Cooperative frameworks

Effectively and efficiently implement Canada's international commitments on the peaceful use of nuclear energy

Apply the requirements of multilateral conventions and arrangements on the physical protection of nuclear material, nuclear power reactor safety, spent fuel and radioactive waste management safety, and the safe transportation of radioactive material

International nuclear non-proliferation activities
  Strengthen the multilateral guidelines and export control lists on nuclear supply to counter contemporary nuclear proliferation threats, in collaboration with other nuclear suppliers IAEA Safeguards - Domestic and international
  Exercise controls with bilateral partners on the peaceful use of nuclear goods and technology exported or imported under Canada's nuclear cooperation agreements International nuclear non-proliferation activities
  Cooperate with the IAEA on domestic safeguards challenges by improving the efficiency of international verification of nuclear material in Canada and addressing Canada's safeguards equipment requirements IAEA Safeguards - Domestic and international
Contribute to improving the effectiveness and efficiency of the IAEA safeguards regime Provide technical support and other resources necessary to strengthen IAEA safeguards IAEA Safeguards - Domestic and international
Optimization of safeguards implementation in Canada, taking account of all information and measures made available to the IAEA Cooperate with the IAEA in the development and introduction of an integrated safeguards approach for Canada IAEA Safeguards - Domestic and international


5. Immediate Outcome: Stakeholders' understanding of the regulatory program
2004-2005 RPP committed Priorities: 2004-2005 RPP committed Plans: Status Reference
Increased knowledge of key stakeholder issues and concerns Undertake stakeholder surveys to form a baseline of information on knowledge of the CNSC and level of satisfaction with the CNSC's performance as regulator √√ Surveying stakeholder awareness and perceptions
Assurance that Canadians have knowledge of and confidence in the CNSC as regulator Implement a well-structured and sustainable Outreach Program √√
Developing a sustainable Outreach Program
Improvement in communication, consultation and sustained, predictable relationships with key stakeholders directly affected by the CNSC's regulatory regime Review the CNSC Web site and revise the information to improve its interactivity, user-friendliness, etc. on an evergreen basis Other activities
Awareness among stakeholders of the process to become an active intervenor in the licensing process (e.g., participation in Commission Hearings) Implement better processes for diffusion of Commission proceedings including such tools as Web-casting and increased access to documentation --


6. Management and Enabling Infrastructure
2004-2005 RPP committed Priorities: 2004-2005 RPP committed Plans: Status Reference
Results-based planning and management processes Implement an integrated planning process that links strategies to results and to budgets – integrate into the performance contracts for all management Integrated planning for results, efficiency and consistency
Implement a systematic Performance Management and Reporting Process including key corporate measures of performance Human resources
Integrate a corporate risk framework into the strategic planning process I --
Improve the timeliness and relevance of management information --
Corporate processes to enhance effectiveness, efficiency and consistency in the CNSC’s management Clarify roles, responsibilities and accountabilities within key business processes Integrated planning for results, efficiency and consistency
Implement an integrated information management improvement plan including developing required information technology tools I --
Maximize efficiency and consistency of CNSC accommodation policies and utilization √√ --
Benchmark the corporate services against those of similar public sector organizations √√ Other improvement activities
Develop a business continuity planning program to ensure minimal or non-interruption to the availability of critical services and assets I Other improvement activities
Attraction and retention of excellent staff Implement the workforce sustainability strategy
Human resources
Implement health and safety improvement initiatives for staff (i.e., physical environment, health evaluations, protective equipment, training, etc.) √√ --
Establish an employment equity plan √√ --
Implement a modernized Values and Ethics program √√ Values and ethics strategy
Leadership Strengthen leadership and management capacities Human resources

 
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