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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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Section III - Supplementary Information

The Canadian Nuclear Safety Commission - Operating Context

The CNSC Strategic Framework

The CNSC Strategic Framework uses this logic model for planning, for focusing activities and programs, for evaluating the contribution of initiatives to the CNSC outcomes and for illustrating the role of the CNSC as an agency committed to achieving results for Canadians.

Image - CNSC Logic Model - Results for Canadians

Click on image to enlarge

Governance at the CNSC

The Commission is an independent, quasi-judicial administrative tribunal and court of record, and is separate from CNSC staff. Both the staff organization and the Commission operate in a transparent manner. The CNSC is known as one of the most open and transparent nuclear regulators in the world.

The CNSC’s governance includes a clear vision with articulated outcomes, a focused mission and mandate, strong leadership as well as strong and professional corporate services providing information and internal controls that enable good stewardship of resources.

Integrated planning and performance management is an important aspect of the CNSC’s governance. It promotes vigorous and responsible management of resources with an emphasis on results. The CNSC defines desired results, delivers regulatory programs and activities, evaluates performance and makes necessary adjustments. The CNSC conducts mid-year and year-end corporate reviews of results achieved against plans and reallocates resources to the highest priorities. In addition, regulatory activities are reviewed and monitored quarterly.

Performance agreements that are specific, results-based, and clearly identify accountability continued to be in place in 2004-2005 for the top two levels of management. The next level of management will prepare 2005-2006 performance contracts. Performance agreements include Modern Management, Workforce Sustainability as well as commitments under the business planning and budgeting process.

A high level of oversight and scrutiny is provided by an independent internal audit program, complemented by regular audits by the Office of the Auditor General (financial and performance) and other officers of Parliament including the Canadian Human Rights Commission (employer obligations under the Employment Equity Act ) and the Privacy Commissioner of Canada ( Privacy Act ). The CNSC also abides by a “Conflict of Interest and Post-Employment Code for the CNSC”, modeled on the Values and Ethics Code for the Public Service.

Organizational Information

The CNSC operates as two separate organizations as follows:

  1. a Commission of up to seven members; and
  2. a staff organization of approximately 530 people.

i. Commission

The Nuclear Safety and Control Act (NSCA) provides for the appointment of up to seven Commission members by the Governor in Council. Members serve for a term not exceeding five years. One member of the Commission is designated as the President of the Commission. This position is held by Linda J. Keen.

Supported by the Secretariat, the Commission functions as an independent, quasi-judicial administrative tribunal and court of record. It sets regulatory policy direction on matters relating to health, safety, security and environmental issues affecting the Canadian nuclear industry. It makes independent decisions on the licensing of nuclear-related activities in Canada, and establishes legally-binding regulations. The Commission takes into account the views, concerns and opinions of interested parties and intervenors. The Commission delegates to Designated Officers the authority to render licensing decisions for certain categories of nuclear facilities and activities in accordance with the requirements of the NSCA and its associated regulations. The Commission retains for its own consideration licensing matters related to major nuclear facilities, for which it holds public hearings, in accordance with the CNSC Rules of Procedure .

ii. CNSC Staff

CNSC staff are located at a headquarters in Ottawa, site offices at each of the five nuclear power plants in Canada, and five regional offices. CNSC staff are located at each nuclear power plant in Canada to assess performance against regulations and specific conditions of operating licences. Regional offices conduct compliance activities for nuclear substances, transportation, radiation devices and equipment containing nuclear substances. They also respond to unusual events involving nuclear substances.

CNSC staff support the Commission by:

  • developing regulatory frameworks;
  • carrying out licensing, certification, compliance inspections and enforcement actions;
  • coordinating the CNSC’s international undertakings;
  • developing CNSC-wide programs in support of regulatory effectiveness;
  • maintaining relations with stakeholders; and
  • providing administrative support.

In addition, staff prepare recommendations on licensing decisions, present them to the Commission for consideration during public hearings and subsequently administer the Commission’s decisions. Where so designated, staff also render licensing decisions.

Organizational Chart

Image - CNSC Organizational Chart

Click on image to enlarge

Financial Summary Overview

The following summary tables represent an overview of the CNSC’s financial performance for 2004-2005. Financial information presented in most tables includes four figures:

  • “Main Estimates” represent the reference level in CNSC’s 2005-2006 Main Estimates
  • “Planned Spending” represent the CNSC’s appropriations on April 1, 2004 plus any anticipated funding adjustment;
  • “Total Authorities” includes planned spending plus additional spending approved by Parliament during the fiscal year; and
  • “Actual Spending” represents the actual expenditures incurred by the CNSC for the fiscal year and publish in the Public Accounts of Canada for 2004-2005.

In 2004-2005, the CNSC’s planned spending of $70.6 million consisted of an operating budget of $70.0 million (includes statutory employee benefits of $8.4 million) and a transfer payment budget (Grants and Contributions) of $0.6 million. The transfer payments budget consisted of a $0.6 million contribution to the IAEA for the Canadian Safeguards Support Program and several smaller grants and contributions to other international and non-profit organizations.

In addition to the $70.6 million planned spending, the CNSC received additional supplementary funding of $5.0 million, for a total authority of $75.6 million. The supplementary funding includes the Generator ($2.0 million); the Operating Budget Carry Forward ($2.6 million); Cost Recovery Phase-In and other adjustments ($0.4 million).

In 2004-2005, the CNSC recovered $48.8 million in non-respendable revenues, which represents approximately 60% of the $80.8 million of full cost of expenditures. Full cost includes services without charge, and all other expenditures as shown within the Statement of Operations of the Audited Financial Statements.

CNSC Tables

Table 1: Comparison of Planned Spending and Actual (incl. FTE)
Table 2: Use of Resources by Business Lines (or Program Activities)
Table 3: Voted and Statutory Items
Table 4: Net Cost of Department
Table 5: Contingent Liabilities
Table 6: Sources of Non-Respendable and Respendable Revenue
Table 7-A: 2004-05 User Fee Reporting Template – User Fees Act
Table 7-B: 2004–05 User Fee Reporting Template – Policy on Service Standards for External Fees
Table 8: Major Regulatory Initiatives
Table 9: Financial Statements of Departmental Corporations and Agents of Parliament
Table 10: Response to Parliamentary Committees, Audits and Evaluations for FY2004–2005
Table 11: Travel Policies

Table 1: Comparison of Planned Spending and Actual (incl. FTE)

Program Activity
($ millions)
2002-03 Actual 2003-04 Actual 2004-2005
Main Esti-
mates
Planned Spending Total Author-
ities
Actual Spending
Nuclear Regulation 63.8 67.6 65.4 70.6 75.6 73.2
Total 63.8 67.6 65.4 70.6 75.6 73.2
 
Total 63.8 67.6 65.4 70.6 75.6 73.2
Less:
Non-Respendable revenue
(38.2) (42.1) - (50.2) - (48.8)
Plus: Cost of services received without charge 7.0 7.8 - 7.4 - 8.1
Net cost of Department 32.6 33.3 - 27.8 - 32.5
 
Full Time Equivalents - 508.3 504.2 530.2 530.2 516.8

Table 2: Use of Resources by Business Lines (or Program Activities)

2004-2005
Program Activity
($ millions)
Budgetary Plus:
Non-
Budget-
ary
Total
Opera-
ting
(inc. EBP)
Capital Grants
and Contri-butions
Total:
Gross Budget-
ary Expendi-
tures
Less: Respend-
able Revenue
Total:
Non-Budgetary Expendi-
tures
Loans, invest-
ments
and Ad-
vances
Nuclear Regulation                
Main Estimates 64.8 - 0.6 65.4 - 65.4 - 65.4
Planned Spending 70.0 - 0.6 70.6 - 70.6 - 70.6
Total Authorities 75.0 - 0.6 75.6 - 75.6 - 75.6
Actual Spending 73.0 - 0.2 73.2 - 73.2 - 73.2

Table 3: Voted and Statutory Items

Vote or Statutory Item
($ millions)
Truncated Vote or Statutory Wording

2004-2005

Main Estimates Planned Spending Total Authorities Actual Spending
20 Operating expenditures 56.8 61.5 67.4 65.4
  Grants and Contributions 0.6 0.6 0.6 0.2
(S) Contributions to employee benefit plans 8.0 8.5 7.6 7.6
  Total 65.4 70.6 75.6 73.2

Table 4: Net Cost of Department

($ millions)

2004-2005

Total Actual Spending 73.2
Plus: Services Received without Charge  
  Accommodation provided by Public Works and Government Services Canada (PWGSC) 4.5
  Contributions covering employers' share of employees' insurance premiums and expenditures paid by TBS (excluding revolving funds) 3.4
  Services rendered by Justice Canada, Office of Auditor General of Canada, and other 0.2
Less: Non-respendable Revenue (48.8)
2004-2005 Net cost of Department 32.5

Table 5: Contingent Liabilities

Contingent Liabilities ($ millions)
March 31, 2004 March 31, 2005
Claims, Pending and Threatened Litigation 55.2 55.2
Total 55.2 55.2

Claims have been made against the CNSC in the normal course of operations. Legal proceedings for claims totaling approximately $55,250,000 were still pending at March 31, 2005. The final outcome is presently not determinable and, accordingly, no provision has been recorded in the accounts for these contingent liabilities. Settlements, if any, resulting from the resolution of these claims will be accounted for in the year in which the liability is considered likely and the cost can be reasonably estimated.

Table 6: Sources of Non-Respendable and Respendable Revenue

Non-Respendable Revenue

Program Activity
($ millions)
Actual 2002-03 Actual 2003-04 2004-2005
Main Estimates Planned Revenue Total Authorities Actual Spending
Nuclear Regulation            
Licence Fees 37.5          
- Regulatory Plan Activity Fees   34.7 - 40.9 - 40.6
- Formula Fees   2.9 - 4.1 - 3.4
- Fixed Fees   0.4 - 0.1 - 0.3
Special Projects 0.7 4.1 - 5.1 - 4.5
Total Non-Respendable Revenue 38.2 42.1 - 50.2 - 48.8

Respendable Revenue - Not applicable

Table 7-A: 2004-05 User Fee Reporting Template - User Fees Act

Table 7-A - 2004-2005 User Fee Reporting Template - User Fees Act

Click on image to enlarge

Table 7-B: 2004-2005 User Fee Reporting Template - Policy on Service Standards for External Fees

A. External Fee

Service
Standard
Performance
Result
Stakeholder Consultation
Regulatory Service Fee; Canadian Nuclear Safety Commission Cost Recovery Fees Regulations , July 2003 It is very important to note that as an independent regulator, it is inappropriate for the relationship between licensees and the CNSC to be considered a service. The CNSC has developed performance standards for its relationships with stakeholders, in place of service standards. See Performance Standards
section

 

The CNSC has established the Cost Recovery Advisory Group (CRAG), consisting of representatives from different industry sectors, as a forum for ongoing communication and consultation with stakeholders or licensees regarding CNSC’s regulatory activities and resulting fees. There is at least one (1) CRAG meeting held annually.
B. Other Information: None

Table 8: Major Regulatory Initiatives

Regulations Expected Results Performance measurement criteria Results achieved
Amendments to the Nuclear Security Regulations (NSR). Amendments to the NSR will:

► enact on a permanent basis the increased security requirements for certain nuclear facilities imposed in the Fall 2001 through CNSC Order Number 01-01 and Designated Officer Order Number 01-D1;

and

► bring the CNSC nuclear security regulations in line with international security practices.

 

► High levels of compliance with international practices regarding the physical protection of nuclear facilities, as specified in measures set out in amendments to the Nuclear Security Regulations . ► Frequency and importance of deficiencies and instances of non-compliance with regulatory requirements regarding nuclear security, as determined through audits and other inspections. Comments on the proposed amendments to the Nuclear Security Regulations were reviewed in 2004-05, and significant revisions made in response to those comments. Revised proposed amendments will be published again for stakeholder comment in the Canada Gazette , Part 1 in 2005.

Table 9: Financial Statements of Departmental Corporations and Agents of Parliament

See Audited Financial Statements .

Table 10: Response to Parliamentary Committees, Audits and Evaluations for FY 2004-2005

Response to Parliamentary Committees
The CNSC was not asked to respond to parliamentary committees this fiscal year.


Response to the Auditor General

February 2005 Report of the Office of the Auditor General

Chapter 6: Canadian Nuclear Safety Commission - Power Reactor Regulation

The Auditor General’s Report reads, “The Canadian Nuclear Safety Commission has responded to our observations and informs us that it is continuing with the improvements it began in response to the December 2000 recommendations. Overall, the CNSC has made satisfactory progress in response to our recommendations from our December 2000 audit of power reactor regulation.”

Among the improvements noted by the OAG are:

  • Progress in implementing a consistent approach to compliance and enforcement
  • The development of a new scale for rating the performance of power reactor licensees and that the CNSC has committed to improving the consistency of ratings, and communicating their basis more effectively to licensees, along with measures by which licensees can improve their ratings
  • The issuance of key regulatory documents and the implementation of a process for prioritizing the development of regulatory policies, standards and guides
  • Progress in addressing the human resources issues of capacity, recruitment and retention of capable staff, and clarification of roles and responsibilities
  • Clarification of the roles of President and Chief Executive Officer

The OAG also notes that progress has been slower than planned in the development of a formal, well-articulated risk-management approach to power reactor regulation. However, it noted that such an approach has been adopted for the regulation of nuclear substances and uranium mining and processing. Progress in implementing a more systematic risk-informed approach for the regulation of power reactors is ongoing and continues as part of the Power Reactor Regulation Improvement Program, announced in early 2004.

The CNSC recognizes that there is room for further improvement and remains strongly committed to ongoing improvements in all areas of regulation within the CNSC’s mandate. The CNSC’s plan is contained in its Report on Plans and Priorities and is reported to Parliament in its Annual Report, at http://www.nuclearsafety.gc.ca .
 


External Audits or Evaluations
None

Internal Audits or Evaluations
Evaluation of CBRN Training Program for First Responders

Evaluation of CNSC-IAEA Contribution Agreement in support of the Canadian Safeguards Support Program

Table 11: Travel Policies

Comparison to the TBS Special Travel Authorities
CNSC Travel Policy (Chapter 12):
 
Authority: Nuclear Safety & Control Act
 
Coverage: Applies to staff at the Executive level
 
Principal difference(s) in Policy Provisions:
  1. Daily incidental allowance is $18.00 (TBS is $17.30)
  2. Private vehicle mileage - TBS low rate is applied more frequently
  3. Travel service provider is Global Travel, which is not TBS service provider
Principal financial implications of the difference(s):
  1. Cost increase of $0.70 per travel day for daily incidental allowance
  2. Cost reduction of approximately $0.30 per kilometer for distances traveled and reimbursed at low rate
  3. Cost neutral in respect of travel service provider

Comparison to the TBS Travel Directive, Rates and Allowances
CNSC Travel Policy:
 
Authority: Nuclear Safety & Control Act
 
Coverage: Applies to the general employee population
 
Principal difference(s) in Policy Provisions:
  1. Class of air travel – business class only permitted if travel time to destination is 18 hours or more. This is more stringent than TBS policy
  2. Daily incidental allowance is $18.00 (TBS is $17.30)
  3. Private vehicle mileage – low rate is applied more frequently
  4. Travel service provider is Global Travel, which is not TBS service provider
Principal financial implications of the difference(s)
  1. Significant cost reduction for business class travel as this class is not permitted for majority of trips to Europe. (CNSC has a substantial requirement to travel overseas)
  2. Cost increase of $0.70 per travel day for daily incidental allowance
  3. Cost reduction of approximately $0.30 per kilometer for distances traveled and reimbursed at low rate
  4. Cost neutral in respect of travel service provider

 
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