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

Interpretation and Application

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Nuclear Safety and Control Act. (Loi)

certificate

certificate means a document issued by the Commission or by a designated officer authorized under paragraph 37(2)(b) of the Act, indicating that a person is certified. (attestation)

certified

certified means certified by the Commission under paragraph 21(1)(i) of the Act or by a designated officer authorized under paragraph 37(2)(b) of the Act. (version anglaise seulement)

Class I nuclear facility

Class I nuclear facility means a Class IA nuclear facility and a Class IB nuclear facility. (installation nucléaire de catégorie I)

Class IA nuclear facility

Class IA nuclear facility means any of the following nuclear facilities:

• (a) a nuclear fission or fusion reactor or subcritical nuclear assembly; and

• (b) a vehicle that is equipped with a nuclear reactor. (installation nucléaire de catégorie IA)

Class IB nuclear facility

Class IB nuclear facility means any of the following nuclear facilities:

• (a) a facility that includes a particle accelerator, other than a particle accelerator described in paragraphs (d) and (e) of the definition Class II prescribed equipment in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations;

• (b) a plant for the processing, reprocessing or separation of an isotope of uranium, thorium or plutonium;

• (c) a plant for the manufacture of a product from uranium, thorium or plutonium;

• (d) a plant, other than a Class II nuclear facility as defined in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations, for the processing or use, in a quantity greater than 10¹⁵ Bq per calendar year, of nuclear substances other than uranium, thorium or plutonium;

• (e) a facility for the disposal of a nuclear substance generated at another nuclear facility; and

• (f) a facility prescribed by paragraph 19(a) or (b) of the General Nuclear Safety and Control Regulations. (installation nucléaire de catégorie IB)

effective dose

effective dose has the same meaning as in subsection 1(1) of the Radiation Protection Regulations. (dose efficace)

equivalent dose

equivalent dose has the same meaning as in subsection 1(1) of the Radiation Protection Regulations. (dose équivalente)

exclusion zone

exclusion zone means a parcel of land within or surrounding a nuclear facility on which there is no permanent dwelling and over which a licensee has the legal authority to exercise control. (zone d'exclusion)

federal authority

federal authority means

• (a) a Minister of the Crown in right of Canada;

• (b) an agency of the Government of Canada or a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established under an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;

• (c) any department or departmental corporation that is set out in Schedule I or II to the Financial Administration Act;

• (d) any other body that is set out in Schedule 1 to the Canadian Environmental Assessment Act, 2012; and

• (e) the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut.

  It does not include a council of the band as defined in subsection 2(1) of the Indian Act, Export Development Canada or the Canada Pension Plan Investment Board. It also does not include a Crown corporation that is a wholly-owned subsidiary, as defined in subsection 83(1) of the Financial Administration Act, or a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act, that is not set out in Schedule 1 to the Canadian Environmental Assessment Act, 2012. (autorité fédérale)

hazardous substance

hazardous substance or hazardous waste means a substance or waste, other than a nuclear substance, that is used or produced in the course of carrying on a licensed activity and that may pose a risk to the environment or the health and safety of persons. (substance dangereuse ou déchet dangereux)

IAEA

IAEA means the International Atomic Energy Agency. (AIEA)

IAEA Agreement

IAEA Agreement means the Agreement between the Government of Canada and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-proliferation of Nuclear Weapons, effective on February 21, 1972; INFCIRC/164; UNTS vol. 814, R. No. 11596. (Accord avec l'AIEA)

jurisdiction

jurisdiction means

• (a) a federal authority;

• (b) any agency or body that is established under an Act of Parliament and that has powers, duties or functions in relation to an assessment of the environmental effects of the preparation of a site for a Class I nuclear facility or its construction, operation, decommissioning or abandonment;

• (c) the government of a province;

• (d) any agency or body that is established under an Act of the legislature of a province, and that has powers, duties or functions in relation to an assessment of the environmental effects of the preparation of a site for a Class I nuclear facility or its construction, operation, decommissioning or abandonment;

• (e) any body that is established under a land claims agreement referred to in section 35 of the Constitution Act, 1982, and that has powers, duties or functions in relation to an assessment of the environmental effects of the preparation of a site for a Class I nuclear facility or its construction, operation, decommissioning or abandonment;

• (f) a governing body that is established under legislation that relates to the self-government of Indians and that has powers, duties or functions in relation to an assessment of the environmental effects of the preparation of a site for a Class I nuclear facility or its construction, operation, decommissioning or abandonment;

• (g) a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government; and

• (h) an international organization of states or any institution of such an organization. (instance)

licensed activity

licensed activity means an activity described in paragraph 26(e) of the Act that a licence authorizes the licensee to carry on in relation to a Class I nuclear facility. (activité autorisée)

licensee

licensee means a person who is licensed to carry on an activity described in paragraph 26(e) of the Act in relation to a Class I nuclear facility. (titulaire de permis)

prescribed equipment

prescribed equipment means the equipment prescribed by section 20 of the General Nuclear Safety and Control Regulations. (équipement réglementé)

prescribed information

prescribed information means the information prescribed by section 21 of the General Nuclear Safety and Control Regulations. (renseignements réglementés)

safeguards

safeguards means a verification system that is established in accordance with a safeguards agreement. (garanties)

safeguards agreement

safeguards agreement means

• (a) the IAEA Agreement and any arrangement between Canada and the IAEA made under that agreement; and

• (b) any agreement to which Canada is a party for the establishment in Canada of a verification system in respect of nuclear substances, prescribed equipment or prescribed information, and any arrangements made under such an agreement. (accord relatif aux garanties)

sealed source

sealed source means a radioactive nuclear substance in a sealed capsule or in a cover to which the substance is bonded, where the capsule or cover is strong enough to prevent contact with or the dispersion of the substance under the conditions for which the capsule or cover is designed. (source scellée)

worker

worker means a person who performs work that is referred to in a licence. (travailleur)

Application

2 These Regulations apply in respect of Class I nuclear facilities.

Licence Applications

General Requirements

3 An application for a licence in respect of a Class I nuclear facility, other than a licence to abandon, shall contain the following information in addition to the information required by section 3 of the General Nuclear Safety and Control Regulations:

• (a) a description of the site of the activity to be licensed, including the location of any exclusion zone and any structures within that zone;

• (b) plans showing the location, perimeter, areas, structures and systems of the nuclear facility;

• (c) evidence that the applicant is the owner of the site or has authority from the owner of the site to carry on the activity to be licensed;

• (d) the proposed management system for the activity to be licensed, including measures to promote and support safety culture;

• (d.1) the proposed human performance program for the activity to be licensed, including measures to ensure workers’ fitness for duty.

• (e) the name, form, characteristics and quantity of any hazardous substances that may be on the site while the activity to be licensed is carried on;

• (f) the proposed worker health and safety policies and procedures;

• (g) the proposed environmental protection policies and procedures;

• (h) the proposed effluent and environmental monitoring programs;

• (i) if the application is in respect of a nuclear facility referred to in paragraph 2(b) of the Nuclear Security Regulations, the information required by section 3 of those Regulations;

• (j) the proposed program to inform persons living in the vicinity of the site of the general nature and characteristics of the anticipated effects on the environment and the health and safety of persons that may result from the activity to be licensed; and

• (k) the proposed plan for the decommissioning of the nuclear facility or of the site.

Licence to Prepare Site

4 An application for a licence to prepare a site for a Class I nuclear facility shall contain the following information in addition to the information required by section 3:

• (a) a description of the site evaluation process and of the investigations and preparatory work that have been and will be done on the site and in the surrounding area;

• (b) a description of the site's susceptibility to human activity and natural phenomena, including seismic events, tornadoes and floods;

• (c) the proposed program to determine the environmental baseline characteristics of the site and the surrounding area;

• (d) the proposed quality assurance program for the design of the nuclear facility; and

• (e) the effects on the environment and the health and safety of persons that may result from the activity to be licensed, and the measures that will be taken to prevent or mitigate those effects.