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Nuclear Substances and Radiation Devices Regulations (SOR/2000-207)

Regulations are current to 2022-07-13 and last amended on 2015-03-13. Previous Versions

Exemptions from Licence Requirement

General Exempted Activities

  •  (1) A person may carry on any of the following activities without a licence:

    • (a) possess, transfer, import, export, use, mine, produce, refine, convert, enrich, process, reprocess, manage or store a radioactive nuclear substance if the activity or the activity concentration of the substance does not, at any one time, exceed

      • (i) its exemption quantity,

      • (ii) its conditional clearance level, or

      • (iii) its unconditional clearance level;

    • (b) possess, transfer, import, export, store, use, abandon, produce or service a sealed source that contains less than the exemption quantity of a radioactive nuclear substance;

    • (c) possess, transfer, import, export, store, use or abandon a radiation device, other than an exposure device, if the quantity of the nuclear substance or substances contained in the device is less than 10 times the exemption quantity;

    • (d) possess, transfer, store, use, abandon, produce, refine, convert, enrich, process, reprocess, manage or dispose of deuterium or a compound containing deuterium, if the quantity of deuterium is less than 10 kg in any calendar year;

    • (e) possess, transfer, store, use or manage depleted uranium, in any quantity, that is used as counterweights in aircraft if

      • (i) each counterweight manufactured after the coming into force of this subparagraph is durably and legibly impressed with the words “DEPLETED URANIUM APPAUVRI” and the words are visible through any plating or other covering,

      • (ii) each counterweight manufactured after the coming into force of this subparagraph is durably and legibly labelled or impressed with the name of the manufacturer and its unique identification number and the statement “UNAUTHORIZED ALTERATIONS PROHIBITED / MODIFICATIONS INTERDITES SANS AUTORISATION”,

      • (ii.1) no alteration is made to the counterweights except in accordance with the requirements set out in subsection 571.02(1) of the Canadian Aviation Regulations, and

      • (iii) no chemical, physical or metallurgical treatment or processing of the counterweights is done other than for the repair or restoration of any plating or other covering; or

    • (f) possess, transfer, use or abandon material that contains not more than 10 kg of depleted uranium, natural uranium or natural thorium in any calendar year and that is not used for its radiation properties.

  • (2) Subsection (1) does not apply in respect of Category I, II or III nuclear material, as defined in section 1 of the Nuclear Security Regulations.

  • (3) Paragraphs (1)(a) to (c) do not apply in respect of the import or export of a nuclear substance, sealed source or radiation device to which the Nuclear Non-proliferation Import and Export Control Regulations apply.

  • (4) [Repealed, SOR/2008-119, s. 21]

  • SOR/2008-119, s. 21
  • SOR/2015-67, s. 3

Abandonment or Disposal

  •  (1) A person may, without a licence, abandon or dispose of a radioactive nuclear substance if the activity or the activity concentration of the substance does not exceed

    • (a) its exemption quantity;

    • (b) its conditional clearance level; or

    • (c) its unconditional clearance level.

  • (2) Subsection (1) does not apply in respect of

  • SOR/2008-119, s. 22

Smoke Detectors

 A person may, without a licence to carry on that activity, possess, transfer, use or abandon a smoke detector that contains a nuclear substance, if

  • (a) the smoke detector does not contain more than 185 kBq of americium 241 or, where it is in a commercial or industrial facility, more than 740 kBq of americium 241;

  • (b) the radiation dose rate does not exceed 1 µSv per hour at 0.1 m from any of the accessible surfaces of the smoke detector;

  • (c) the design and construction of the smoke detector prevent persons from making direct contact with the nuclear substance that it contains under normal conditions of use;

  • (d) all markings and labels on the smoke detector are legible;

  • (e) the radioactive nuclear substance contained in the smoke detector is a sealed source that, when it is mounted in its holder, conforms to International Standard 2919, Radiation Protection — Sealed radioactive sources — General requirements and classification (1999), of the International Organization for Standardization; and

  • (f) the smoke detector meets the tests specified in the annex entitled Prototype Tests of the Recommendations for ionization chamber smoke detectors in implementation of radiation protection standards (1977) of the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development.

  • SOR/2008-119, s. 23

Tritium Safety Signs

 A person may, without a licence to carry on that activity, possess, transfer, use or abandon a tritium-activated self-luminous safety sign if

  • (a) the only nuclear substance contained in the safety sign is tritium;

  • (b) the safety sign contains no more than 925 GBq of tritium in gaseous form;

  • (c) the light-emitting component containing the tritium consists of glass tubes that are enclosed in a sturdy metal or plastic frame mounted in a manner that prevents the dismantlement and removal of the glass tubes;

  • (d) the amount of tritium present in the form of oxide does not exceed 1 per cent per volume for each glass tube;

  • (e) the safety sign conforms to ANSI/HPS N43.4-2000, Classification of Radioactive Self-Luminous Light Sources, of the American National Standards Institute/Health Physics Society, or to Standard MIL-STD-810F, 2000, Department of Defense Test Method Standard for Environmental Engineering Considerations and Laboratory Tests, of the United States Department of Defense; and

  • (f) the safety sign, if it is manufactured after the coming into force of this paragraph, is marked with the name and quantity in becquerels of the nuclear substance, the manufacturer’s recommended expiry date for the sign and the date of manufacture of the sign.

  • SOR/2008-119, s. 24

Devices Containing Radium Luminous Compounds

 A person may, without a licence to carry on that activity, possess, transfer or use a device that contains a nuclear substance, if

  • (a) the only nuclear substance contained in the device is a radium luminous compound;

  • (b) the person does not possess more than 10 such devices; and

  • (c) the device is not disassembled or tampered with.

  • SOR/2008-119, s. 25(F)
  • SOR/2015-67, s. 4(F)

Check Sources

 A person may, without a licence to carry on that activity, possess, transfer, store, use or abandon a check source that contains a radioactive nuclear substance and that is designed to verify the response of an instrument when exposed to the radiation output of the check source, if

  • (a) the check source contains

    • (i) not more than 370 kBq of a nuclear substance and the substance, or its short-lived radioactive progeny, does not emit alpha radiation, or

    • (ii) not more than 3.7 kBq of a nuclear substance if the atomic number of the substance is greater than 81 and the substance, or its short-lived radioactive progeny, emits alpha radiation;

  • (b) the radiation dose rate does not exceed 1 µSv per hour at 0.1 m from any of the accessible surfaces of the check source;

  • (c) the design and construction of the check source, under normal conditions of use, prevent persons from making direct contact with the nuclear substance that it contains;

  • (d) all markings and labels on the check source or exterior packaging are legible;

  • (e) the radioactive nuclear substance in the check source, when it is mounted in its holder, conforms to International Standard 2919, Radiation Protection — Sealed radioactive sources — General requirements and classification (1999), of the International Organization for Standardization; and

  • (f) the check source, if it is a sealed source, meets the tests specified in ANSI/HPS N43.6-1997, Sealed Radioactive Sources — Classification, of the American National Standards Institute/Health Physics Society.

  • SOR/2008-119, s. 26
  • SOR/2010-108, s. 3(F)

Manufacturers and Distributors Not Exempted

 Sections 6 to 8.1 do not apply to manufacturers or initial distributors in Canada of the devices or check sources referred to in those sections.

  • SOR/2008-119, s. 27

 [Repealed, SOR/2008-119, s. 27]

Certification of Radiation Devices

Certification Requirement

  •  (1) No person shall use a radiation device unless

    • (a) it is a certified model; or

    • (b) it is used in accordance with a licence that authorizes its use for development purposes.

  • (2) No person shall transfer a radiation device for use within Canada unless it is a certified model.

Application for Certification

  •  (1) The Commission or a designated officer authorized under paragraph 37(2)(a) of the Act may certify a model of a radiation device after receiving an application that includes the following information:

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

    • (b) the name and business address of the manufacturer of the device;

    • (c) the brand name and model number of the device;

    • (d) the design of the device and its components, including any standards used in the design;

    • (e) the intended use of the device;

    • (f) the name, quantity in becquerels and form of the nuclear substance to be incorporated into the device;

    • (g) the method of incorporating the nuclear substance into the device;

    • (h) the expected radiation dose rates around the device in all modes of operation, including the method, calculations and measurements used to establish them;

    • (i) instructions for the use, transportation and storage of the device;

    • (j) instructions for conducting leak tests on the device;

    • (k) instructions for dealing with accidents, including fires and spills, in which the device may be involved;

    • (l) a description of the labelling of the device;

    • (m) the quality assurance program that was followed during the design of the device and that will be followed during production of the device; and

    • (n) the recommended inspection and servicing program for the device.

    • (o) [Repealed, SOR/2008-119, s. 28]

  • (2) The Commission or the designated officer may request any other information that is necessary to enable the Commission or the designated officer to determine whether the model of the device poses an unreasonable risk to the environment, the health and safety of persons or national security and whether certification of the model of the device would be in conformity with measures of control and international obligations to which Canada has agreed.

  • SOR/2008-119, s. 28

Refusal to Certify

  •  (1) The Commission or a designated officer authorized under paragraph 37(2)(a) of the Act shall notify a person who has applied for the certification of a model of a radiation device of a proposed decision not to certify the model, as well as the basis for the proposed decision, at least 30 days before refusing to certify it.

  • (2) The notice shall include a description of the person’s right to be provided with an opportunity to be heard in accordance with the procedure referred to in section 15.

Decertification

  •  (1) The Commission or a designated officer authorized under paragraph 37(2)(a) of the Act shall notify a person to whom a certificate for a model of a radiation device has been issued, and any licensee who is licensed in respect of that model, of a proposed decision to decertify the model, as well as the basis for the proposed decision, at least 30 days before decertifying it.

  • (2) The notice shall include a description of the person’s and the licensee’s right to be provided with an opportunity to be heard in accordance with the procedure referred to in section 15.

Opportunity To Be Heard

  •  (1) Where a person referred to in section 13 or 14 or a licensee referred to in section 14 has received a notice and has requested, within 30 days after the date of receipt of the notice, an opportunity to be heard either orally or in writing, the person or the licensee shall be provided with such an opportunity in accordance with the request.

  • (2) On completion of a hearing held in accordance with subsection (1), every person and licensee who was notified in accordance with section 13 or 14 shall be notified of the decision and the reasons for it.

  • (3) Where neither a person referred to in section 13 or 14 nor a licensee referred to in section 14 requests an opportunity to be heard within the period referred to in subsection (1), they shall be notified of the decision and the reasons for it.

General Obligations

Medical Supervision

 No licensee shall use a radioactive nuclear substance or a radiation device on a person except as directed by a medical practitioner who is qualified to give such direction under the applicable provincial legislation.

Radiation Safety Instructions

 Every licensee shall make available to all workers, at the site of the licensed activity, copies of any instructions referred to in the licence concerning radiation safety and accidents, including fires and spills, in which a nuclear substance may be involved.

Leak Tests

  •  (1) Every licensee who possesses, uses or produces either a sealed source containing 50 MBq or more of a nuclear substance or a nuclear substance as shielding shall, at the following times, conduct leak tests on the sealed source or shielding using instruments and procedures that enable the licensee to detect a leakage of 200 Bq or less of the nuclear substance:

    • (a) where the sealed source or shielding is used after being stored for 12 or more consecutive months, immediately before using it;

    • (b) where the sealed source or shielding is being stored, every 24 months;

    • (c) where an event that may have damaged the sealed source or shielding has occurred, immediately after the event; and

    • (d) in all other cases,

      • (i) where the sealed source or shielding is located in a radiation device, every 12 months, and

      • (ii) where the sealed source or shielding is not located in a radiation device, every six months.

  • (2) Subsection (1) does not apply in respect of a sealed source that is

    • (a) gaseous;

    • (b) contained in a static eliminator that has been retained by the licensee for less than 15 months;

    • (c) exempted under section 5, 6, 8 or 8.1; or

    • (d) used or stored underwater in a nuclear facility that is equipped with a device capable of detecting water-borne contamination of 200 Bq or less of a nuclear substance.

  • (3) Where a licensee, in the course of conducting a leak test on a sealed source or on shielding, detects the leakage of 200 Bq or more of a nuclear substance, the licensee shall

    • (a) discontinue using the sealed source or shielding;

    • (b) discontinue using the radiation device in which the sealed source or shielding is located or may have been located;

    • (c) take measures to limit the spread of radioactive contamination from the sealed source or shielding; and

    • (d) immediately after complying with paragraphs (a) to (c), notify the Commission that the leakage has been detected.

  • SOR/2008-119, s. 29
 
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