DPR 2004-2005
Canadian Nuclear Safety Commission

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

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.

2. Individuals and organizations that operate safely and conform to safeguards and non-proliferation requirements

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:

1. Site, construct, operate or decommission a nuclear facility
2. Produce, possess or use nuclear substances in excess of prescribed quantities; or
3. 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:

1. Obtaining assurance of the adequacy of the scope of refurbishment and safety upgrades proposed by the licensee, and
2. 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.