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General Nuclear Safety and Control Regulations (SOR/2000-202)

Regulations are current to 2022-06-20 and last amended on 2015-06-12. Previous Versions

General Nuclear Safety and Control Regulations

SOR/2000-202

NUCLEAR SAFETY AND CONTROL ACT

Registration 2000-05-31

General Nuclear Safety and Control Regulations

P.C. 2000-782 2000-05-31

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 44 of the Nuclear Safety and Control ActFootnote a, hereby approves the annexed General Nuclear Safety and Control Regulations made by the Canadian Nuclear Safety Commission on May 31, 2000.

Interpretation and Application

Interpretation

 The definitions in this section apply in these Regulations.

Act

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

brachytherapy machine

brachytherapy machine[Repealed, SOR/2008-119, s. 1]

effective dose

effective dose has the meaning assigned to that term by subsection 1(1) of the Radiation Protection Regulations. (dose efficace)

equivalent dose

equivalent dose has the meaning assigned to that term by subsection 1(1) of the Radiation Protection Regulations. (dose équivalente)

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 dangereuseoudéchet 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)

irradiator

irradiator means a device that is designed to contain a nuclear substance and to deliver controlled doses of radiation to any target material except persons. (irradiateur)

licensed activity

licensed activity means an activity described in any of paragraphs 26(a) to (f) of the Act that a licence authorizes the licensee to carry on. (activité autorisée)

licensee

licensee means a person who is licensed to carry on an activity described in any of paragraphs 26(a) to (f) of the Act. (titulaire de permis)

prescribed equipment

prescribed equipment means the equipment prescribed by section 20. (équipement réglementé)

prescribed information

prescribed information means the information prescribed by section 21. (renseignements réglementés)

radioactive source teletherapy machine

radioactive source teletherapy machine means a teletherapy machine that is designed to deliver doses of radiation produced by a nuclear substance. (appareil de téléthérapie à source radioactive)

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)

safeguards equipment

safeguards equipment means equipment that is used in accordance with a safeguards agreement. (équipement de garanties)

teletherapy machine

teletherapy machine means a device that is designed to deliver controlled doses of radiation in a collimated beam for therapeutic purposes. (appareil de téléthérapie)

transit

transit means the process of being transported through Canada after being imported into and before being exported from Canada, in a situation where the place of initial loading and the final destination are outside Canada. (transit)

worker

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

  • SOR/2008-119, s. 1

Application

 These Regulations apply generally for the purposes of the Act.

Licences

General Application Requirements

  •  (1) An application for a licence shall contain the following information:

    • (a) the applicant’s name and business address;

    • (b) the activity to be licensed and its purpose;

    • (c) the name, maximum quantity and form of any nuclear substance to be encompassed by the licence;

    • (d) a description of any nuclear facility, prescribed equipment or prescribed information to be encompassed by the licence;

    • (e) the proposed measures to ensure compliance with the Radiation Protection Regulations, the Nuclear Security Regulations and the Packaging and Transport of Nuclear Substances Regulations, 2015;

    • (f) any proposed action level for the purpose of section 6 of the Radiation Protection Regulations;

    • (g) the proposed measures to control access to the site of the activity to be licensed and the nuclear substance, prescribed equipment or prescribed information;

    • (h) the proposed measures to prevent loss or illegal use, possession or removal of the nuclear substance, prescribed equipment or prescribed information;

    • (i) a description and the results of any test, analysis or calculation performed to substantiate the information included in the application;

    • (j) the name, quantity, form, origin and volume of any radioactive waste or hazardous waste that may result from the activity to be licensed, including waste that may be stored, managed, processed or disposed of at the site of the activity to be licensed, and the proposed method for managing and disposing of that waste;

    • (k) the applicant’s organizational management structure insofar as it may bear on the applicant’s compliance with the Act and the regulations made under the Act, including the internal allocation of functions, responsibilities and authority;

    • (l) a description of any proposed financial guarantee relating to the activity to be licensed; and

    • (m) any other information required by the Act or the regulations made under the Act for the activity to be licensed and the nuclear substance, nuclear facility, prescribed equipment or prescribed information to be encompassed by the licence.

    • (n) [Repealed, SOR/2008-119, s. 2]

  • (1.1) The Commission or a designated officer authorized under paragraph 37(2)(c) of the Act, may require any other information that is necessary to enable the Commission or the designated officer to determine whether the applicant

    • (a) is qualified to carry on the activity to be licensed; or

    • (b) will, in carrying on that activity, make adequate provision for the protection of the environment, the health and safety of persons and the maintenance of national security and measures required to implement international obligations to which Canada has agreed.

  • (2) Subsection (1) does not apply in respect of an application for a licence to import or export for which the information requirements are prescribed by the Nuclear Non-Proliferation Import and Export Control Regulations, or in respect of an application for a licence to transport while in transit for which the information requirements are prescribed by the Packaging and Transport of Nuclear Substances Regulations, 2015.

  • SOR/2008-119, s. 2
  • SOR/2015-145, s. 43

Application for Licence to Abandon

 An application for a licence to abandon a nuclear substance, a nuclear facility, prescribed equipment or prescribed information shall contain the following information in addition to the information required by section 3:

  • (a) the name and location of the land, buildings, structures, components and equipment that are to be abandoned;

  • (b) the proposed time and location of the abandonment;

  • (c) the proposed method of and procedure for abandonment; and

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

Application for Renewal of Licence

 An application for the renewal of a licence shall contain

  • (a) the information required to be contained in an application for that licence by the applicable regulations made under the Act; and

  • (b) a statement identifying the changes in the information that was previously submitted.

Application for Amendment, Revocation or Replacement of Licence

 An application for the amendment, revocation or replacement of a licence shall contain the following information:

  • (a) a description of the amendment, revocation or replacement and of the measures that will be taken and the methods and procedures that will be used to implement it;

  • (b) a statement identifying the changes in the information contained in the most recent application for the licence;

  • (c) a description of the nuclear substances, land, areas, buildings, structures, components, equipment and systems that will be affected by the amendment, revocation or replacement and of the manner in which they will be affected; and

  • (d) the proposed starting date and the expected completion date of any modification encompassed by the application.

Incorporation of Material in Application

 An application for a licence or for the renewal, suspension in whole or in part, amendment, revocation or replacement of a licence may incorporate by reference any information that is included in a valid, expired or revoked licence.

Renewal, Suspension, Amendment, Revocation or Replacement of Licence on Commission’s Own Motion

  •  (1) For the purpose of section 25 of the Act, the Commission may renew a licence on its own motion if failure to renew the licence could pose an unreasonable risk to the environment, the health and safety of persons or national security.

  • (2) For the purpose of section 25 of the Act, the Commission may, on its own motion, suspend in whole or in part, amend, revoke or replace a licence under any of the following conditions:

    • (a) the licensee is not qualified to carry on the licensed activity;

    • (b) the licensed activity poses an unreasonable risk to the environment, the health and safety of persons or the maintenance of national security;

    • (c) the licensee has failed to comply with the Act, the regulations made under the Act or the licence;

    • (d) the licensee has been convicted of an offence under the Act;

    • (e) a record referred to in the licence has been modified in a manner not permitted by the licence;

    • (f) the licensee no longer carries on the licensed activity;

    • (g) the licensee has not paid the licence fee prescribed by the Cost Recovery Fees Regulations; or

    • (h) failure to do so could pose an unreasonable risk to the environment, the health and safety of persons or national security.

  • SOR/2007-208, s. 1

Exemptions

Exemptions from Licence Requirement for Inspectors, Designated Officers and Peace Officers

  •  (1) An inspector, a designated officer or a peace officer may carry on any of the following activities without a licence to carry on that activity if the activity is carried on by that person to enforce the Act or the regulations made under the Act:

    • (a) possess, transfer, transport or store a nuclear substance; and

    • (b) possess or transfer prescribed equipment or prescribed information.

  • (2) An inspector or a designated officer may service prescribed equipment without a licence to carry on that activity if the servicing is carried on by that person to enforce the Act or the regulations made under the Act.

  • (3) For greater certainty, the exemptions established in subsections (1) and (2) relate only to the activities specified in those subsections and do not derogate from the licence requirement imposed by section 26 of the Act in relation to other activities.

  • (4) Every person who carries on an activity without a licence in accordance with subsection (1) or (2) shall immediately notify the Commission of that fact.

Exemption of Naturally Occurring Nuclear Substances

 Naturally occurring nuclear substances, other than those that are or have been associated with the development, production or use of nuclear energy, are exempt from the application of all provisions of the Act and the regulations made under the Act except the following:

  • (a) the provisions that govern the transport of nuclear substances;

  • (b) in the case of a nuclear substance listed in the schedule to the Nuclear Non-proliferation Import and Export Control Regulations, the provisions that govern the import and export of nuclear substances.

  • SOR/2003-405, s. 1
  • SOR/2015-145, s. 44

Exemption by the Commission

 For the purpose of section 7 of the Act, the Commission may grant an exemption if doing so will not

  • (a) pose an unreasonable risk to the environment or the health and safety of persons;

  • (b) pose an unreasonable risk to national security; or

  • (c) result in a failure to achieve conformity with measures of control and international obligations to which Canada has agreed.

Obligations

Obligations of Licensees

  •  (1) Every licensee shall

    • (a) ensure the presence of a sufficient number of qualified workers to carry on the licensed activity safely and in accordance with the Act, the regulations made under the Act and the licence;

    • (b) train the workers to carry on the licensed activity in accordance with the Act, the regulations made under the Act and the licence;

    • (c) take all reasonable precautions to protect the environment and the health and safety of persons and to maintain the security of nuclear facilities and of nuclear substances;

    • (d) provide the devices required by the Act, the regulations made under the Act and the licence and maintain them within the manufacturer’s specifications;

    • (e) require that every person at the site of the licensed activity use equipment, devices, clothing and procedures in accordance with the Act, the regulations made under the Act and the licence;

    • (f) take all reasonable precautions to control the release of radioactive nuclear substances or hazardous substances within the site of the licensed activity and into the environment as a result of the licensed activity;

    • (g) implement measures for alerting the licensee to the illegal use or removal of a nuclear substance, prescribed equipment or prescribed information, or the illegal use of a nuclear facility;

    • (h) implement measures for alerting the licensee to acts of sabotage or attempted sabotage anywhere at the site of the licensed activity;

    • (i) take all necessary measures to facilitate Canada’s compliance with any applicable safeguards agreement;

    • (j) instruct the workers on the physical security program at the site of the licensed activity and on their obligations under that program; and

    • (k) keep a copy of the Act and the regulations made under the Act that apply to the licensed activity readily available for consultation by the workers.

  • (2) Every licensee who receives a request from the Commission or a person who is authorized by the Commission for the purpose of this subsection, to conduct a test, analysis, inventory or inspection in respect of the licensed activity or to review or to modify a design, to modify equipment, to modify procedures or to install a new system or new equipment shall file, within the time specified in the request, a report with the Commission that contains the following information:

    • (a) confirmation that the request will or will not be carried out or will be carried out in part;

    • (b) any action that the licensee has taken to carry out the request or any part of it;

    • (c) any reasons why the request or any part of it will not be carried out;

    • (d) any proposed alternative means to achieve the objectives of the request; and

    • (e) any proposed alternative period within which the licensee proposes to carry out the request.

  • SOR/2007-208, s. 2
 
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