Section II - Analysis of Performance by Immediate Outcome
The Canadian Nuclear Safety Commission – Performance
Against Plans
The following section outlines the results achieved during 2004-2005 in
implementing the 2004-2005 to 2006-2007 strategic plan.
1. A clear and pragmatic regulatory framework
Total Financial Resources ($000's) |
Main Estimates |
Planned Spending |
Total Authorities |
Actual Spending |
6,976 |
6,986 |
7,482 |
6,130 |
Total Human Resources (FTE) |
Main Estimates |
Planned Spending |
Total Authorities |
Actual Spending |
45.2 |
44.6 |
44.6 |
38.1 |
The CNSC ensures its licensees are aware of and comply with all requirements
respecting the protection of Canadians and the peaceful use of nuclear energy
and materials.
The CNSC’s regulatory framework is composed of:
- The Nuclear Safety and Control Act , regulations and regulatory
documents
- The Safeguards Agreement and Additional Protocol between
Canada and the International Atomic Energy Agency (IAEA)
- Canada’s bilateral Nuclear Cooperation Agreements
- The Canadian Environmental Assessment Act
- The Nuclear Liability Act
The following highlights the key enhancements to the CNSC regulatory
framework during the reporting year.
Ongoing review of the Nuclear Safety and Control Act
and regulations
The Nuclear Safety and Control Act (NSCA), which gives the
organization its specific regulatory authority, does not state a mandatory
statutory review period. Nevertheless, the CNSC conducts an evergreen review of
the NSCA and in 2004-2005, developed an ongoing list of possible amendments to
the legislation should the Government of Canada decide to subject it to a
review. No changes to the legislation are contemplated at this time.
The CNSC received recommendations for amendments to CNSC regulations from the
Standing Joint Committee on the Scrutiny of Regulations (SJCSR). A list of
amendments will be provided to the Department of Justice for inclusion in its
miscellaneous amendment program for regulations.
Contribution to the Smart Regulation Initiative
Effectiveness and efficiency are principles that are central to the way the
CNSC manages its business and regulates to protect health, safety, security and
the environment, and to respect international obligations. The CNSC’s key
priorities include commitment to an evergreen, risk-informed approach to
regulatory strategies, regulations and licensing requirements, in line with the
Government of Canada’s Smart Regulation initiative.
In 2004-2005, the CNSC contributed to the government-wide implementation of
Smart Regulation by participating in interdepartmental meetings on the
initiative, and monitoring the progress of the External Advisory Committee on
Smart Regulation (EACSR). The CNSC assessed itself against the EACSR’s
recommendations on Smart Regulation, and determined that it already adheres to
many of its practices and objectives. These include transparency (public
hearings and published decisions), public consultation, coordination of
regulatory efforts across jurisdictions, and integration of international best
practices and norms where appropriate to the Canadian context.
As part of its Smart Regulation effort in 2004-2005, the Commission Tribunal
modified its processes and exercised its authority to vary the Rules of
Procedure on several occasions to ensure matters were dealt with as
informally and expeditiously as circumstances and the considerations of fairness
permitted. For example, the Commission shortened or extended document submission
deadlines, adjourned proceedings to allow the introduction of additional
information, allowed interventions via video or teleconference, improved the
scheduling of hearings, and generally showed increased flexibility in responding
to the needs of stakeholders.
The Commission Secretariat began an analysis of the CNSC Rules of
Procedure and By-laws , in 2003-2004 to benchmark the
Commission’s hearing and meeting processes against those of 12 other Canadian
federal and provincial administrative tribunals on 11 areas of service delivery.
The benchmarking showed that the Commission’s existing rules and procedures
compare favourably with those of other leading tribunals. An analysis of the
CNSC Rules of Procedure and By-laws was completed in 2004-2005
and draft amendments will be proposed in 2005-2006 for legal review and
consultation with key stakeholders.
The Commission has established a performance standard requiring that a
comprehensive Record of Proceedings, including Reasons for Decision be
published within six weeks of the close of the hearing 90% of the time. The
Commission is demonstrating efficiency and responsiveness to stakeholder needs.
In 2004-2005, the Commission achieved this performance standard (release of
decision within six weeks) 93% of the time, excluding the records of proceedings
(no decisions) for mid-term review hearings held in February 2005 where the
average time was 12 weeks.
The Commission also revised its process for fulfilling its environmental
assessment responsibilities under the Canadian Environmental Assessment Act (CEAA)
to improve its efficiency, while preserving its effectiveness. Further revisions
are being evaluated.
Regulatory amendments and improvements to the
regulatory framework
- Published:
- Policy on Regulatory Fundamentals (P-299)
- Policy on Managing Radioactive Wastes (P-290)
- Standard for Making Changes to Dose-Related Information Filed with
the National Dose Registry (S-260)
- Guide for Keeping Radiation Exposures and Doses As Low as
Reasonably Achievable (G-129, rev.1)
- Nuclear Security Regulations : revised
proposed amendments to the regulatory requirements for nuclear security in
response to extensive stakeholder input. The proposed changes will make the
regulations more consistent with international recommendations and best
practices, take into account current security threats, and address
stakeholder input. The proposed changes are scheduled to be pre-published in
the Canada Gazette in the spring of 2005.
- Class II Nuclear Facilities and Prescribed
Equipment Regulations : amendments proposed to the Class II regulations
to address deficiencies in the current regulations, to enhance safety and to
reflect the latest international standards, consistent with the CNSC’s
risk-informed regulatory initiatives and the principles of Smart Regulation.
Pre-consultation and publication in the Canada Gazette is scheduled
for 2005.
- Nuclear Substances and Radiation Devices (NSRD)
Regulations : amendments proposed to the NSRD regulations to introduce
the latest international values for exemption quantities, surface
contamination and clearance levels for regulating those who possess nuclear
substances. Pre-consultation and publication in the Canada Gazette is
scheduled for 2005.
- Thirty-nine consultative regulatory documents were
issued with respect to various operational areas such as Type I and Type II
inspection procedures, safety analysis for nuclear power plants,
environmental protection policies, programs and procedures at Class I
nuclear facilities and uranium mines and mills, and requirements for
disposal of nuclear substances.
As part of its commitment to the safe and secure use of radioactive material,
Canada has endorsed and continues to support the IAEA Code of Conduct on the
Safety and Security of Radioactive Sources . This initiative will result in
a comprehensive regulatory regime for the possession, use, transport and
international transfer of high-risk radioactive sources.
In support of the international regulatory regime, the CNSC contributed its
expertise and perspective towards the development of two additional IAEA
documents, the Code of Conduct on the Safety of Research Reactors and Safety
Requirements for Research Reactors . These documents will help strengthen
the regulatory framework governing the safe operation of research reactors at
home and abroad.
A more effective and efficient regulatory regime
Environment Canada and the CNSC have determined that, under the Nuclear
Safety and Control Act , CNSC will play a role to control or prevent
the release of uranium, which has been deemed to be toxic in the
environment, under the 1999 Canadian Environmental Protection Act .
A 2003 Memorandum of Understanding (MoU) between the CNSC and Environment
Canada committed these organizations to assist each other in certain
activities to prevent duplication of effort.
In 2004, an annex to this MoU was signed concerning the process for
risk management of uranium releases from uranium mines and mills. For
example, under this agreement, the CNSC, with the support of Environment
Canada, will require the implementation of more stringent preventative or
control measures for the Rabbit Lake Uranium Mine. The licensee will
develop and implement measures to reduce the concentration of uranium
effluents released from the facilities. Requirements for measures at other
uranium mines and mills will be addressed based on the outcome of
environmental assessments completed for each facility.
This initiative supports Smart Regulation by reducing duplication and
simplifying the regulatory process for licensees, while meeting the
requirements of the CNSC and Environment Canada.
The CNSC is committed to an evergreen, risk-informed approach to
regulatory strategies, regulations and licensing requirements, in line
with the Government of Canada’s Smart Regulation initiative. Modernizing
the regulatory framework helps bring clarity and consistency to it, helps
ensure that both the CNSC and licensees adhere to the Nuclear Safety
and Control Act and associated regulations, and promotes efficient
delivery of services to Canadians.
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2. Individuals and organizations that operate safely and
conform to safeguards and non-proliferation requirements
Total Financial Resources ($000's) |
Main Estimates |
Planned Spending |
Total Authorities |
Actual Spending |
16,335 |
16,366 |
17,528 |
13,318 |
Total Human Resources (FTE) |
Main Estimates |
Planned Spending |
Total Authorities |
Actual Spending |
134.0 |
133.3 |
133.3 |
99.4 |
The CNSC ensures that licences and certifications are issued to those
individuals or organizations who demonstrate they can operate safely and conform
to international requirements.
Individuals or organizations must demonstrate to the CNSC that they are
qualified to undertake the activities for which they are seeking a licence
before they may:
- Site, construct, operate or decommission a nuclear facility
- Produce, possess or use nuclear substances in excess of prescribed
quantities; or
- Possess or use prescribed information or equipment in Canada.
Licence proceedings during the reporting period are listed in the Canadian
Nuclear Safety Commission Annual Report of the Commission Tribunal 2004-2005 at www.nuclearsafety.gc.ca
.
Licensing with respect to licences, other than those for major facilities,
has been delegated by the Commission to senior staff, referred to as Designated
Officers, for review. Designated Officers license more than 98% of applications
received by the Commission, through streamlined processes commensurate with the
level of risk and more limited public interest in these matters.
Implementing risk-informed licensing methodology
Nuclear substance regulation includes management of new licence applications,
renewals, amendments and licence revocation, in addition to nuclear device
certification, transport certification and registered user application. While
the number of current licences, certificates and licensees changes throughout
the year, the volume of licensing and certification activity in 04/05 involves
approximately 4,000 licences/certificates and 2,500 licensees. The CNSC
developed a risk-informed methodology for the allocation of resources for
nuclear substance regulation which has resulted in increased operational
efficiency and integration of all licensing and compliance requirements. Clear
expectations of regulatory requirements have been developed with the goal to
promote safety with nuclear substances.
In 2004-2005, the CNSC completed an automated verification planning tool and
continued development of licence assessment worksheets to improve licensee
understanding of licensing requirements. In addition, assessment summaries have
been introduced for licensing and renewal of Class II Nuclear Facilities. These
summaries provide licensees with a list of regulatory requirements and their
assessed performance, thereby increasing the transparency of the process.
The CNSC also developed a risk-informed methodology to be incorporated into
the authorization system for the import and export of nuclear substances and
materials that will provide greater transparency and predictability of the
process for stakeholders, including licensees.
Licensing basis for the design of new nuclear power
plants
Canada’s regulatory framework for licensing major facilities such as
nuclear power plants had not been updated comprehensively since the previous
generation of facilities was licensed in the 1970s and 1980s. The CNSC has
developed a regulatory document on the licensing basis for the design of power
reactors. It will be also used to assess the licensability of any new reactors
in Canada. It is a proactive initiative to modernize the regulatory framework in
response to the nuclear sector’s potential interest in new power reactors.
This licensing basis document is being applied to the Advanced CANDU Reactor
of the Atomic Energy of Canada Limited (AECL) and to any other proposed reactor
design. Because operators may choose from a variety of nuclear power
technologies, care is being taken to make the general requirements technology
neutral and suitable to different reactor types.
Waste management
The new CNSC Regulatory Policy P-290, Managing Radioactive Waste ,
issued in July 2004, established as a key principle the minimization of
radioactive waste through design measures, operating procedures and
decommissioning practices. Licensees and CNSC staff will be guided by this
principle when considering design, operating and decommissioning measures for
new reactors.
Reactor refurbishment
With the age of Canada’s nuclear power reactors, the CNSC expects a number
of life extension initiatives to take place in the next several years. The CNSC
has established the following two key regulatory goals for life extension
projects:
- Obtaining assurance of the adequacy of the scope of refurbishment and
safety upgrades proposed by the licensee, and
- Verification of the proper execution of that work by the licensee, prior
to return of the facility to service.
In 2004-05, the CNSC continued development and implementation of
comprehensive regulatory oversight plans to achieve these goals. The following
steps are required of licensees in establishing the scope of refurbishment work:
- An Environmental Assessment for the project, which must be completed
before any regulatory approvals or licensing actions are given that enable
the project to proceed.
- A safety review of the facility in accordance with the IAEA Periodic
Safety Review guidance.
- Development of an integrated implementation plan for the necessary
corrective actions, safety upgrades and compensatory measures to ensure the
facility will pose no unreasonable risk to health, safety, security and the
environment and will conform with Canada’s international obligations over
the proposed life.
Having established the scope, requirements for project execution then
include:
- an acceptable quality management program,
- worker health and safety and radiation protection programs, and
- measures for managing wastes and environmental impacts arising from the
project.
CNSC’s regulatory verification of project execution will include assessment
of engineering change submissions, and inspections of licensee procurement,
construction, and commissioning activities. CNSC staff will verify the
licensee’s completion assurance process before granting permission to re-start
the reactor following the refurbishment work.
Extending licence periods
All licence periods for nuclear substances and radiation devices were
extended from two to five years as they came up for renewal, resulting in better
management of regulatory and licensee resources where greater focus is on
compliance and safety rather than the licensing process. As a result, licence
renewals have decreased, and CNSC resources have been redirected towards
verifying licensee compliance and therefore safety.
Other licensing-related initiatives:
- The integration of radioactive substance licences with the power reactor
operating licence at one facility on a trial basis, further reducing the
administrative burden on licensees.
- Environmental assessments (EAs) of projects under certain licence
applications are required to identify possible impacts and mitigation
measures necessary to protect the health, safety and security of Canadians,
and the environment. As an example, the CNSC’s conducting an EA of a
proposal by Cameco Corporation for a slightly enriched uranium blending
facility in Port Hope, Ontario, which includes the review of Cameco’s EA
study report.
- CNSC staff began the comprehensive process to review the relicensing of
the Pickering Nuclear Power Plant (NPP) for five years. This is the first of
many planned NPP licence renewals and includes the operation of Pickering
Unit 4, the restart of Pickering Unit 1, and the possible re-start of
Pickering Units 2 and 3.
- To protect Canadian taxpayers and the federal government from potential
liability should the licensee be unable to fulfill their regulatory
obligations in the future, the CNSC requires the provision of the financial
guarantees from licensees for certain types of activities, including
decommissioning. In 2004-2005, the CNSC accepted financial guarantees from
Canadian Light Source Inc., AECL Whiteshell Laboratories, and for five
SLOWPOKE reactor facilities across Canada.
- A Tribunal Process Management Manual, including procedural guidelines for
all processes, was initiated in 2004-2005 and is scheduled for completion in
2005-2006. This manual will clarify accountability of Secretariat and CNSC
staff by allocating responsibility for each step of key processes, and will
improve transparency.
- In accordance with Canada’s bilateral and multilateral nuclear
non-proliferation obligations and to ensure that international transfers of
nuclear and nuclear-related items are for peaceful purposes only, the CNSC
continued to assess import/export applications and safeguards conditions
relevant to licences to ensure peaceful international transfer of nuclear
and nuclear-related items and Canada’s compliance with its safeguards
obligations.
Licensing protects health, safety, security and
the environment
The CNSC plays a key role in protecting health, safety, security and
the environment by regulating, monitoring and inspecting licensed
activities. Among other activities, this role includes conducting the
CNSC’s comprehensive and risk-informed system of licensing.
Examples of results in this area during 2004-2005 include the licensing
of the decommissioning of the Cluff Lake uranium mine in Northern
Saskatchewan, the licensing of the Canada’s first Gamma Knife facility
and the licensing of Canadian Light Source Inc., a world-class research
and development synchrotron facility in Saskatoon.
Decommissioning the Cluff Lake mine
The first of its generation of Northern Saskatchewan uranium mines to
move into decommissioning, the Cluff Lake mine received a decommissioning
licence in July 2004. The granting of this licence by the Commission
Tribunal followed five years of environmental assessment, public
consultations and regulatory review, and marked the initial phase of
efforts by COGEMA Resources Inc. to return the Cluff Lake site to a
natural state.
Dismantling the mill by COGEMA Resources Inc. began in 2004, with most
major decommissioning activities to conclude in 2005. This will be
followed by many years of CNSC monitoring to ensure compliance with the Canadian
Environmental Assessment Act (CEAA) and the NSCA.
The unique nature of Gamma Knife facilities
A licence was issued in 2004-2005 for a Canada’s first Gamma Knife
facility, located in Winnipeg, Manitoba. When the CNSC conducted a
compliance inspection of the Winnipeg facility in 2004, it recognized the
unique nature of stereotactic gamma teletherapy, determining and
documenting adequate radiation safety standards. For example, the main
radiological hazard in the facility results from scattered gamma
radiation, thus reducing the need for primary barriers to shield the
facility. As a result, new licensing requirements for Gamma Knife
facilities were fully implemented during the reporting period.
Also known as stereotactic radiosurgery, Gamma Knife is a precise,
non-invasive procedure that can destroy deep-seated vascular malformations
and brain tumours once considered inoperable. The technology does not
require any incision; instead it uses a concentrated radiation dose of 201
Cobalt-60 sources with a total activity of 244 TBq to beam radiation at a
specific area and destroy only abnormal tissue.
In addition to the Winnipeg facility, another is licensed and operating
in Sherbrooke, Québec, and another is under construction in Toronto.
Operation of Canadian Light Source begins
Owned by the University of Saskatchewan, the Canadian Light Source Inc.
(CLS) is a national facility for synchrotron light research that brings
together academic and industrial researchers to conduct materials R&D,
and is subject to oversight of the Canadian Nuclear Safety Commission.
A synchrotron produces infra-red, ultraviolet and X-ray light which
scientists use to see the microscopic nature of matter, down to the level
of the atom. Information obtained with this technology can be used for
many applications such as developing new drugs, building more powerful
computer chips, and helping with mining clean-up.
The CLS met the requirements of commissioning – conceptualizing,
designing and constructing a facility that is safe for use – and the
Commission Tribunal granted an operating licence for routine operation in
June 2004. |
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