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Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)

SOR/2013-139

NUCLEAR SAFETY AND CONTROL ACT

Registration 2013-06-18

Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)

P.C. 2013-826 2013-06-18

The Canadian Nuclear Safety Commission, pursuant to subsection 44(1)Footnote a of the Nuclear Safety and Control ActFootnote b, makes the annexed Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission).

Ottawa, May 17, 2013

MICHAEL BINDER
President of the Canadian Nuclear Safety Commission

His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 44(1)Footnote a of the Nuclear Safety and Control ActFootnote b, approves the annexed Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission), made by the Canadian Nuclear Safety Commission.

Interpretation

Definition of Act

 In these Regulations, Act means the Nuclear Safety and Control Act.

Designations

Marginal note:Violations

  •  (1) The contravention of a provision of the Act or any of its regulations that is set out in column 1 of the schedule is designated as a violation that may be proceeded with in accordance with sections 65.01 to 65.21 of the Act.

  • Marginal note:Short-form descriptions

    (2) In the event of a discrepancy between the short-form descriptions in the schedule and the provision to which it pertains, the provision prevails.

Classification

Marginal note:Classification

 The classification of a violation of a provision that is set out in column 1 of the schedule as a Category A, Category B or Category C violation is as set out in column 3.

Penalties

Marginal note:Individual

  •  (1) The amount payable as the penalty in respect of a violation that is committed by an individual is

    • (a) $300 to $3,000, for a Category A violation;

    • (b) $300 to $10,000, for a Category B violation; and

    • (c) $300 to $25,000, for a Category C violation.

  • Marginal note:Person other than an individual

    (2) The amount payable as the penalty in respect of a violation that is committed by a person other than an individual is

    • (a) $1,000 to $12,000, for a Category A violation;

    • (b) $1,000 to $40,000, for a Category B violation; and

    • (c) $1,000 to $100,000, for a Category C violation.

Marginal note:Determination of amount

 The amount of a penalty is determined by the Commission having regard to

  • (a) the compliance history of the person who committed the violation;

  • (b) the degree of intention or negligence on the part of the person;

  • (c) the harm that resulted or could have resulted from the violation;

  • (d) whether the person derived any competitive or economic benefit from the violation;

  • (e) whether the person made reasonable efforts to mitigate or reverse the violation’s effects;

  • (f) whether the person provided all reasonable assistance to the Commission; and

  • (g) whether the person brought the violation to the attention of the Commission.

Service of Documents

Marginal note:Manner of service

  •  (1) A notice of violation referred to in section 65.05 of the Act and a determination referred to in section 65.13 of the Act shall be served by

    • (a) in the case of an individual,

      • (i) leaving a copy of it with the individual,

      • (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or

      • (iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and

    • (b) in the case of any other person,

      • (i) sending a copy of it by registered mail, courier or fax to the person’s head office or place of business or to the person’s agent;

      • (ii) leaving a copy of it at the person’s head office or place of business with an individual who appears to manage or be in control of the head office or place of business or with the person’s agent; or

      • (iii) sending a copy of it by electronic means, other than by fax, to any person referred to in subparagraph (ii).

  • Marginal note:Deemed service

    (2) The notice of violation or determination — other than when personally served — is considered to be served

    • (a) in the case of a copy that is left with an adult referred to in subparagraph (1)(a)(ii), on the day on which it is left with the adult;

    • (b) in the case of a copy that is sent by registered mail or courier, on the tenth day after the date indicated in the receipt issued by the postal or courier service; and

    • (c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted.

Coming into Force

Marginal note:S.C. 2012, c. 19

Footnote * These Regulations come into force on the day on which section 129 of the Jobs, Growth and Long-term Prosperity Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE(sections 2 and 3)Violations

PART 1

Nuclear Safety and Control Act

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
126Carrying on a prescribed activity without or contrary to a licenceB
227(a)Failure to properly keep, retain or disclose prescribed recordsA
327(b)Failure to make prescribed reports and file them in the prescribed mannerA
436Failure to assist an inspector in carrying out their dutiesB
541Failure to comply with an order within the time specifiedB
645Failure to notify the Commission when a place or vehicle is contaminated or when an event has occurred that is likely to result in an exposureB
748(a)Alteration or misuse of things, otherwise than pursuant to the regulations and licenceB
848(b)Disclosure of prescribed information, except pursuant to the regulationsA
948(c)Failure to comply with a condition of a licenceC
1048(d)Making a false or misleading statementB
1148(e)Failure to comply with an order of the Commission, a designated officer or an inspectorC
1248(f)Failure to assist or give information requested by an inspector, or interfering with the inspector’s dutiesC
1348(g)Taking disciplinary action against a person who assists or gives information to the Commission, designated officer or inspectorB
1448(h)Terminating or varying the terms of employment of a nuclear energy worker who has exceeded their radiation dose limit, except in the prescribed manner and circumstancesB
1548(i)Falsifying a recordB
1648(j)Failure to comply with an order of a courtC
1749(a)Failure to ensure required staff is present to maintain a nuclear facility in a safe conditionB
1849(b)Failure to report for duty or withdrawal of services other than in accordance with proceduresB
1950Possession of nuclear substance, or prescribed information or equipment, capable of being used for nuclear weapons or explosive devicesC

PART 2

General Nuclear Safety and Control Regulations

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
112(1)(a)Failure to ensure the presence of a sufficient number of qualified workers to carry out the licensed activityB
212(1)(b)Failure to train workers to carry on the licensed activity, as requiredB
312(1)(c)Failure to take all reasonable precautions to protect the environment and the health and safety of persons and to maintain securityB
412(1)(d)Failure to provide and maintain required devicesB
512(1)(e)Failure to require use of equipment, devices, clothing or procedures, as requiredB
612(1)(f)Failure to take reasonable precautions to control release of radioactive nuclear substances or hazardous substancesB
712(1)(g)Failure to implement measures to be alerted to the illegal use or removal of a nuclear substance or prescribed information or equipment, or the illegal use of a nuclear facilityB
812(1)(h)Failure to implement measures to be alerted of sabotage or attempted sabotageB
912(1)(i)Failure to take measures to facilitate Canada’s compliance with any safeguards agreementA
1012(1)(j)Failure to instruct workers on physical security program and their obligationsB
1112(1)(k)Failure to keep the Nuclear Safety and Control Act and regulations available to workersA
1212(2)Failure to file a report responding to a Commission request within the specified time and with the prescribed informationB
1313Transfer of a nuclear substance, prescribed information or prescribed equipment to a person who does not hold the required licenceB
1414(1)(a)Failure to post copy of licenceA
1514(1)(b)Failure to post noticeA
1614(2)Failure to have copy of licence in fieldA
1715(a)Failure of applicant or licensee to notify the Commission of the persons acting for themA
1815(b)Failure of applicant or licensee to notify the Commission of the persons responsible for the management and control of the activity, substance, facility, equipment or information encompassed by licenceA
1915(c)Failure of applicant or licensee to notify the Commission on time about change in contact persons or responsible personsA
2016Failure to make health and safety information available to workers, as requiredB
2117(a)Failure of worker to properly use equipment, devices, facilities and clothingB
2217(b)Failure of worker to comply with licensee’s measures to protect the environment and the health and safety of persons, maintain security, control radiation doses and levels and control releases of nuclear substances and hazardous substancesB
2317(c)(i)Failure of worker to promptly inform licensee or supervisor of increase in risk to the environment or health and safety of personsB
2417(c)(ii)Failure of worker to promptly inform licensee or supervisor of threat to maintenance of nuclear facility or substances or an incident with respect to securityB
2517(c)(iii)Failure of worker to promptly inform licensee or supervisor of non-compliance with the Nuclear Safety and Control Act, its regulations or licenceB
2617(c)(iv)Failure of worker to promptly inform licensee or supervisor of sabotage, theft, loss or illegal use or possession of nuclear substance or prescribed information or equipmentB
2717(c)(v)Failure of worker to promptly inform licensee or supervisor of release of radioactive nuclear substances or hazardous substancesB
2817(d)Failure of worker to obey notices and warning signsB
2917(e)Failure of worker to take all reasonable precautions to ensure safetyB
3018Failure to present an import or export licence to customs officerB
3123(1)Transfer or disclosure of prescribed information without legal requirement or to an unauthorized personB
3223(2)Failure to take precautions to prevent unauthorized transfer or disclosure of prescribed informationB
3327Failure to keep record of licence information submitted to the CommissionA
3428(1)Failure to retain record for the period specifiedA
3528(2)Improper disposal of a recordA
3628(3)Failure to file a requested record with the Commission prior to disposal of that recordA
3729(1)Failure to immediately make a preliminary report to the Commission of a specified situation and of actions taken by the licenseeB
3829(2)Failure to file full report on time and with the prescribed informationA
3930(1)(a)Failure to immediately make a preliminary report to the Commission on interference with or interruption in operation of safeguards equipment or alteration of safeguards sealB
4030(1)(b)Failure to immediately make a preliminary report to the Commission on theft, loss or sabotage of safeguards equipment or samplesB
4130(2)Failure to file full report within the specified period and with the prescribed informationA
4231Failure to file a report with the Commission within the specified period of an inaccuracy or incompleteness in a record that the licensee is required to keepA
4332(1)Failure to include name and address of sender or date in reportA

PART 3

Radiation Protection Regulations

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
13Failure to inform persons being administered therapy of methods for reducing the exposure of others to radiationB
24(a)(i)Failure to keep the effective dose and equivalent dose as low as reasonably achievable, taking into account social and economic factors, through the implementation of management control over work practicesB
34(a)(ii)Failure to keep the effective dose and equivalent dose as low as reasonably achievable, taking into account social and economic factors, through the implementation of personnel qualification and trainingB
44(a)(iii)Failure to keep the effective dose and equivalent dose as low as reasonably achievable, taking into account social and economic factors, through the implementation of control of occupational and public exposure to radiationB
54(a)(iv)Failure to keep the effective dose and equivalent dose as low as reasonably achievable, taking into account social and economic factors, through the implementation of planning for unusual situationsB
64(b)Failure to ascertain the quantity and concentration of any nuclear substance released as a result of a licensed activityB
75Failure to ascertain and record as requiredB
86(2)(a)Failure to conduct an investigation after becoming aware that an action level is reachedB
96(2)(b)Failure to identify and take action to restore the effectiveness of the radiation protection program after becoming aware that an action level is reachedB
106(2)(c)Failure to notify the Commission within the specified period after becoming aware that an action level is reachedB
117(1)(a)Failure to inform nuclear energy workers in writing of the fact that they are nuclear energy workersA
127(1)(b)Failure to inform nuclear energy workers in writing of the risks associated with radiationA
137(1)(c)Failure to inform nuclear energy workers in writing of the effective and equivalent dose limitsA
147(1)(d)Failure to inform nuclear energy workers in writing of their radiation dose levels on an annual basisA
157(1)(e)Failure to inform nuclear energy workers in writing of their responsibilities during an emergency and the associated risksA
167(2)(a)Failure to inform female nuclear energy workers in writing of the risks associated with the exposure of embryos and fetuses to radiation and the risks to breastfed infants from the intake of nuclear substancesB
177(2)(b)Failure to inform female nuclear energy workers in writing of the importance of informing the licensee in writing that they are pregnant or breastfeedingB
187(2)(c)Failure to inform female nuclear energy workers in writing of the rights of pregnant nuclear energy workers and breastfeeding nuclear energy workersB
197(2)(d)Failure to inform female nuclear energy workers in writing of the applicable effective dose limits for pregnant nuclear energy workersB
207(3)Failure to obtain written acknowledgement from nuclear energy workers that the specified information was receivedA
218(1)Failure to use a licensed dosimetry service to measure and monitor doses of radiation received by nuclear energy workersB
228(2)Failure to provide the specified information to the licensed dosimetry serviceB
239Failure to inform a person of the purpose for collecting their personal informationA
2410Failure of a nuclear energy worker to provide the specified information on request of the licenseeA
2511(1)Failure to accommodate a female nuclear energy worker who is pregnantA
2611(2)Failure to accommodate a female nuclear energy worker who is breastfeedingB
2713Failure to ensure that the effective dose limit is not exceededC
2814Failure to ensure that the equivalent dose limit is not exceededC
2915(2)Failure to ensure that the effective or equivalent dose limit received by a person participating in the control of an emergency is not exceededB
3015(3)Failure to ensure that the effective or equivalent dose received by a person taking a specific action during the control of an emergency is not exceededB
3115(4)Failure to ensure that the effective or equivalent dose received by a person taking more than one specific action during the control of an emergency is not exceededB
3215(5)Failure to limit radiation doses received by a person participating in the control of an emergency to a level as low as reasonably achievableB
3315(6)Failure to notify the person who received the dose of radiation and the Commission as soon as feasible after a radiation dose limit is exceededB
3415(7)Requesting a pregnant woman to participate in the control of an emergencyB
3516(a)Failure to immediately notify a person and the Commission after a radiation dose limit may have been exceededB
3616(b)Failure to require a person to leave any work that is likely to add to the dose if the person may have or has exceeded the dose limit for a nuclear energy workerB
3716(c)Failure to conduct an investigation to determine the magnitude of the dose and to establish the causes of the exposureB
3816(d)Failure to take action to prevent similar incidents after a dose limit may have been exceededB
3916(e)Failure to report the results of the investigation on the exceeded dose limit to the Commission within the specified periodB
4019Failure of the licensee operating a dosimetry service to file information on nuclear energy workers with the National Dose RegistryA
4120(1)Possession of a container or device containing a nuclear substance without proper labellingB
4221Failure to post radiation warning signsB
4322Use of an improper radiation warning symbolA
4423Frivolous posting of radiation warning signsA
4524(1)Failure to keep a record of the name and job category of each nuclear energy workerB
4624(2)Failure to keep a record of doses of radiation for five yearsB
4725Failure to ensure that instruments and equipment are selected, tested and calibrated for their intended useB

PART 4

Class I Nuclear Facilities Regulations

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
114(1)Failure to keep record of the results of effluent and environmental monitoring programsA
214(2)Failure to keep operation recordA
314(3)Failure to keep decommissioning recordA
414(4)Failure to retain record for the specified periodA
514(5)Failure to retain record relating to a nuclear energy worker for the specified periodA

PART 5

Class II Nuclear Facilities and Prescribed Equipment Regulations

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
110(a)Use of uncertified Class II prescribed equipmentB
210(b)Failure to use Class II prescribed equipment in accordance with a licenceB
315(2)(a)Failure to equip entrance door to Class II prescribed equipment room with device that stops the equipment when door is openedB
415(2)(b)Failure to equip entrance door to Class II prescribed equipment room with device that prevents the equipment from being usedB
515(2)(c)Failure to design entrance door to Class II prescribed equipment room to prevent persons from being locked inB
615(3)(a)Failure to equip entrance to Class II prescribed equipment room with device that stops the equipment when someone passes through the entranceB
715(3)(b)Failure to equip entrance to Class II prescribed equipment room with device that prevents the equipment from being usedB
815(4)Failure to equip room where Class II prescribed equipment that is used on persons is located with a viewing systemB
915(5)Failure to equip entrance to Class II prescribed equipment room with an irradiation state displayB
1015(6)Failure to equip room where Class II prescribed equipment is located with an area radiation monitoring system, as requiredB
1115(7)Failure to equip room where Class II prescribed equipment that is not used on persons is located with a pre-irradiation alarmB
1215(8)Failure to equip room where Class II prescribed equipment is located with emergency stop buttons or devicesB
1315(9)Failure to provide emergency stop buttons or devices that are unobstructed and accessibleB
1415(10)Failure to provide emergency stop buttons or devices in the specified placesB
1515(11)Failure to post emergency contact information at every entrance to a Class II nuclear facilityA
1615(12)Failure to equip Class II equipment with device to prevent unauthorized useB
1715(13)Failure to verify normal operation after servicing of device or systemB
1815.01Failure to appoint a radiation safety officerB
1915.02Appointing an uncertified radiation safety officerB
2015.06(2)Failure to notify the Commission of name of radiation safety officer and Class II prescribed equipment subject to certificateB
2115.1Failure to designate in writing radiation safety officer as replacementB
2215.11Replacing a radiation safety officer for more than the specified periodB
2316(1)Failure to ascertain that radiation field is safe upon entering a roomB
2416(2)Failure to verify that radiation survey meter is working immediately before entering a roomB
2516.1(1)Failure to ensure patients are surveyed and free of nuclear substances following treatment using brachytherapy remote afterloaderB
2616.1(2)(a)Failure to equip brachytherapy remote afterloader treatment room with a remote alarm system to warn of treatment interruptionsB
2716.1(2)(b)Failure to equip brachytherapy remote afterloader treatment room with a shielded storage container of sufficient sizeB
2816.1(2)(c)Failure to equip brachytherapy remote afterloader treatment room with the necessary remote handling toolsB
2917(1)Failure to measure radiation dose rates after installing a sealed source in Class II prescribed equipment or to notify the Commission in writing if dose rate exceeds manufacturer’s specificationsB
3017(2)Failure to measure dose rates at all accessible locations outside the room after the installation of a sealed source in a radioactive source teletherapy machineB
3118(1)(a)Failure to make available to each worker a calibrated radiation survey meterB
3218(1)(b)Failure to make available to each worker a radiation survey meter that can measure radiation from sealed source and Class II prescribed equipmentB
3318(1)(c)Failure to make available to each worker a radiation survey meter that indicates the power level of batteriesB
3418(2)Use of a radiation survey meter that has not been calibrated within the specified periodB
3519(1)Failure to conduct leak test on sealed source or shielding as requiredB
3619(2)Failure to take required action when a leak on a sealed source or shielding is detectedB
3720Use of Class II prescribed equipment on a person without being directed by a qualified medical practitionerB
3821(1)Failure to keep record of measurements of radiation dose rates and retain record for the specified periodA
3921(2)(a)Failure to keep record of daily outputs of radiation resulting from operation of Class II prescribed equipmentA
4021(2)(b)Failure to keep record of training received by workersA
4121(2)(c)Failure to keep record of inspections, verifications, servicing, measurements or tests requiredA
4221(3)Failure to retain training record for the specified periodA
4321(4)Failure to keep record of transfer of Class II prescribed equipmentA
4421(5)Failure to keep record of leak tests conducted on sealed source or shielding and to retain it for the specified periodA
4521(6)Failure to keep record of measurements of radiation dose rates, as required, and to retain them for the specified periodA
4621(7)Failure to keep servicing record of Class II prescribed equipmentA
4721(8)Failure to retain servicing record for the specified periodA

PART 6

Uranium Mines and Mills Regulations

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
19Failure to post code of practice where it is accessible to all workers in uranium mine or millA
210(a)Failure to establish, implement and maintain written operating proceduresB
310(b)Failure to train workers to perform their work in accordance with operating proceduresB
410(c)Failure to audit workers to verify compliance with operating proceduresB
511(a)Failure to ensure each main fan is equipped with a fan malfunction warning signal deviceB
611(b)Failure to ensure person is designated to receive and respond to main fan failure warning signalB
711(c)Failure to implement measures to prevent interference by persons or activities with proper operation of ventilation systemsB
812(1)(a)Failure to implement alternative measures to protect worker health and safety when ventilation system malfunctionsB
912(1)(b)Failure to ensure that only work necessary to restore ventilation system is performed in work place when ventilation system malfunctionsB
1012(2)Failure to inform worker of protective measures in connection with restoration of ventilation systemB
1113Improper reliance on respiratorB
1214(a)Failure to post signs where gamma radiation dose rate exceeds the specified limitA
1314(b)Failure to provide direct-reading dosimeter to workers entering an area where gamma radiation dose rate exceeds the specified limitB
1415(1)Failure to provide radiation health and safety training certificate to workerA
1515(2)Failure to provide copy of radiation health and safety training program to worker’s representativeA
1616(1)(a)Failure to keep record of operating and maintenance proceduresB
1716(1)(b)Failure to keep record of mine plansB
1816(1)(c)Failure to keep record of schedules for planned mining operationsA
1916(1)(d)Failure to keep record of plans of waste management systemsA
2016(1)(e)Failure to keep record of design of uranium mine or mill, or of design of components and systems installed at the mine or millA
2116(1)(f)Failure to keep record of method and data used to ascertain radiation dose and intake of radioactive nuclear substances by workersA
2216(1)(g)Failure to keep record of measurementsA
2316(1)(h)Failure to keep record of inspections and maintenanceA
2416(1)(i)Failure to keep record of quantity of air delivered by each main fanA
2516(1)(j)Failure to keep record of performance of each dust control systemA
2616(1)(k)Failure to keep record of training received by each workerA
2716(2)Failure to make required records available to worker or to worker’s representativeA
2816(3)Failure to retain training record for the specified periodA
2916(4)Failure to post record of work place measurements at an accessible location in the uranium mine or millB

PART 7

Nuclear Substances and Radiation Devices Regulations

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
111(1)(a)Use of uncertified radiation deviceB
211(1)(b)Use of radiation device contrary to development licenceA
311(2)Transfer of uncertified radiation device for use within CanadaB
416Use of radioactive nuclear substance or radiation device on a person otherwise than as directed by a qualified medical practitionerB
517Failure to make instructions concerning radiation safety and accidents available to workersB
618(1) and 18(2)Failure to conduct leak tests on sealed source or shieldingB
718(3)(a)Failure to discontinue use of sealed source or shielding when leakage detectedB
818(3)(b)Failure to discontinue use of radiation device when leakage detectedB
918(3)(c)Failure to take measures to limit the spread of radioactive contamination when leakage detectedB
1018(3)(d)Failure to immediately notify the Commission that leakage was detectedB
1119(1)Failure to provide required instructions for dealing with accidents upon transfer of a radiation deviceA
1219(2)Failure to provide most recent leak test record upon transfer of sealed source or shieldingA
1320Use of a radiation survey meter that has not been calibrated within the specified periodB
1421Use of a radiation device that was not tested or inspected after accidentB
1522Use of radiation device in field operation that does not have attached label with contact informationA
1623(a)Failure to post emergency contact information where the radioactive nuclear substance is used or storedB
1723(b)Failure to post warning sign and personnel entry procedures to be followed at every personnel access opening to any equipment fitted with a radiation deviceB
1824Operation of an exposure device by an uncertified operator or by an unsupervised traineeB
1929Failure of exposure device operator to immediately surrender certificate to the Commission upon decertificationA
2030(1)(a)Failure of licensee to ensure exposure device is equipped with source tagA
2130(1)(b)Failure of licensee to lock exposure device when not in useB
2230(1)(c)Failure of licensee to return dosimeter within the specified periodB
2330(2)Failure of licensee to immediately notify the Commission about loss, theft, damage or malfunction of exposure deviceA
2430(3)(a)Failure of licensee to provide the specified radiation survey meterB
2530(3)(b)Failure of licensee to provide the specified emergency equipment and material when a guide tube is usedB
2630(3)(c) to (e)Failure of licensee to provide dosimeter that meets the specified requirementsB
2730(3)(f)Failure of licensee to provide sufficient number of radiation warning signs for postingB
2830(3)(g)Failure of licensee to provide sufficient number of forms to keep recordsA
2930(4)Authorizing operation of exposure device that does not appear to be functioning normally or of exposure device with radiation dose rate on its surface greater than the specified limitB
3030(5)Failure of licensee to provide written authorization for sealed source changeA
3130(6)Failure of licensee to limit dose of radiation to persons other than nuclear energy workersC
3230(7)Authorizing a person to respond to exposure device or sealed source assembly malfunctions without proper trainingB
3331(1)(a)Failure of exposure device operator to use the specified radiation survey meterB
3431(1)(b)Failure of exposure device operator to have the specified emergency equipment and material immediately available when using a guide tubeB
3531(1)(c), (d) and (f)Failure of exposure device operator to properly wear the required dosimeterB
3631(1)(e)Failure of exposure device operator to keep daily radiation dose recordsA
3731(1)(g)Failure of exposure device operator to ensure exposure device functions within manufacturer’s specificationsB
3831(1)(h)Failure of exposure device operator to use radiation survey meter to confirm sealed source assembly returned to shielded positionB
3931(1)(i)Failure of exposure device operator to limit radiation dose to persons other than nuclear energy workersC
4031(1)(j)Failure of exposure device operator to place persons or erect barriers to prevent entry into radiation areaB
4131(1)(k)Failure of exposure device operator to post radiation warning signs to prevent entry into radiation areaB
4231(1)(l)Failure of exposure device operator to lock exposure device when not in useB
4331(1)(m)Failure of exposure device operator to immediately report to licensee a specified situation and actions takenB
4431(2)Failure of exposure device operator to return dosimeter to licensee at the specified timeA
4531(3)Failure of exposure device operator to submit dose record to licensee at the specified timeA
4631(4)Operating malfunctioning exposure device or exposure device with radiation dose rate on its surface greater than the specified limitB
4731(5)(a) Failure of exposure device operator to ensure that dose limit of radiation is not exceeded during shiftB
(b) Failure of exposure device operator to stop work and notify licensee when dose limit is exceeded during shiftB
4831(6)Responding to exposure device or sealed source assembly malfunctions without proper trainingB
4932Improper appointment of exposure device operator to supervise traineesA
5033(1)Authorizing a trainee lacking sufficient knowledge to operate an exposure deviceB
5133(2)Failure of exposure device operator to directly supervise and continuously observe trainee operating an exposure deviceB
5234(1)Removal or insertion of sealed source without written authorization of the licenseeA
5334(2) and 34(3)Failure to measure, record and report to the licensee radiation dose rates and doses of radiation when removing or inserting sealed sourcesA
5435(1)Failure to notify the Commission before conducting tracer or subsurface tracer studiesA
5535(2)Failure to file a tracer study report with the specified information within the specified timeA
5636(1)(a)Failure to keep record of specified information in respect of any nuclear substance in licensee’s possessionA
5736(1)(b)Failure to keep record of name of workers who use or handle nuclear substancesA
5836(1)(c)Failure to keep record of any transfer, receipt, disposal or abandonment of a nuclear substanceA
5936(1)(d)Failure to keep record of training received by each workerA
6036(1)(e)Failure to keep record of every inspection, measurement, test or servicing of radiation deviceA
6136(1.1)Failure to keep record of servicing another licensee’s radiation deviceA
6236(2)Failure to retain worker training record for the specified periodA
6336(3)Failure to retain record of every inspection, measurement, test or servicing of radiation device for the specified periodA
6436(4)Failure to keep record of leak tests conducted on a sealed source or shielding and retain it for the specified periodA
6537Failure to keep record of specified information in respect of exposure devices in licensee’s possessionA
6638(1)Failure to immediately notify the Commission regarding a loss or theft, as requiredB
6738(2)Failure to file full report regarding a loss or theft within the specified time and including the specified informationA

PART 8

Packaging and Transport of Nuclear Substances Regulations, 2015

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
13(1)Failure to characterize nuclear substance at earliest possible timeA
23(3)(a)Failure to keep record documenting the detection of the radiation and the disposal of the nuclear substance for specified periodA
33(3)(b)Failure to file annual report containing required information by specified timeA
43(3)(c)Failure to immediately notify if source of radioactivity in load is licensable quantity of nuclear substanceB
53(4)(a)Failure to immediately make preliminary report containing required informationB
63(4)(b)Failure to characterize source of radiation within specified period and make follow-up reportB
73(5)(a)Failure to immediately make preliminary report containing required informationB
83(5)(b)Failure to prevent dispersal of nuclear substanceB
93(5)(b)Failure to isolate load and control accessC
103(5)(c)Failure to have situation assessedB
113(5)(d)Failure to report resultsB
124Failure to classify packages and radioactive materialB
135Failure to correctly classify LSA materialB
1410Failure to have design or calculation of value for prescribed equipment certifiedB
1518(a)Production of package of certified design not in accordance with requirementsB
1618(b)Failure to mark package with required informationA
1719(3)Use of package of certified design without confirmation that use is registeredA
1820(1)(a)Production of special form radioactive material not in accordance with certificateB
1920(1)(b)Failure to mark special form radioactive materialA
2020(2)Transport of special form radioactive material that has not been produced in accordance with certified design or design approved by foreign competent authorityA
2121(1)(a)Production of low dispersible radioactive material not in accordance with certificateB
2221(1)(b)Failure to mark low dispersible radioactive materialA
2321(2)Transport of low dispersible radioactive material that has not been produced in accordance with certified designA
2422(1)Production of instrument or article that has alternative activity limit for exempt consignment that has not been produced using certified calculationB
2522(2)Transport of instrument or article that has alternative activity limit for exempt consignment that has not been produced using certified calculationB
2623(2)Transport of fissile-excepted radioactive material that has not been produced in accordance with requirementsB
2724(a)Failure to implement and maintain management systemB
2824(b) and (c)Failure to keep and retain record documenting management systemA
2925(1)Failure to comply with Transportation of Dangerous Goods RegulationsC
3025(2)Failure of consignor to comply with IAEA RegulationsB
3125(3)Failure of consignor to advise consignee of transport of materialA
3225(4)(a)Failure of carrier to comply with IAEA RegulationsB
3325(4)(b)Failure of carrier to transport in accordance with consignor’s instructionsB
3425(4)(c)Failure of carrier to implement, maintain and keep record documenting work proceduresA
3526(1)(a)Presentation for transport or transport of radioactive material in package not meeting requirementsB
3626(1)(b)Presentation for transport or transport of radioactive material requiring licence if no licence issuedB
3726(1)(c)Failure to present for transport or to transport unpackaged LSA-I material or unpackaged SCO-I in accordance with IAEA RegulationsB
3826(1)(d)Presentation for transport or transport of package containing 0.1 kg or more of uranium hexafluoride in unapproved packageB
3927(1)Failure to transport in required packageC
4028(1)Failure of consignor or carrier to comply with IAEA RegulationsB
4129(1)Failure of consignor to include required information in transport documentsA
4229(3)Transportation of consignment of radioactive material without required documentsB
4331(1)(a)Failure to keep exposure and effective dose and equivalent dose as low as reasonably achievableB
4431(1)(b)Failure to prevent persons from receiving high radiation dosesC
4531(1)(c)Failure to assess radiation at workplace and conduct monitoringB
4631(1)(d)Failure to train specified persons on application of radiation protection programB
4731(2)Failure to keep and retain record documenting radiation protection programA
4832(a)Failure to immediately notify if person may have received dose that exceeded prescribed limitB
4932(b)Failure to conduct investigationB
5032(c)Failure to take action to prevent recurrenceB
5132(d)Failure to report results of investigation within specified timeA
5233(1)Failure to inform every nuclear energy worker in writingA
5333(2)Failure to inform pregnant nuclear energy workers of their rights and obligationsB
5436(1)Failure to immediately take required actions after dangerous occurrenceB
5536(2)Failure to take required actions as soon as feasible after dangerous occurrenceB
5637(1)Failure to immediately make required preliminary reportB
5737(3)Failure to immediately notify consignor in specified circumstancesB
5838Failure to file full report of failure to comply or of dangerous occurrence within specified periodB
5940(1)Opening package without taking required measuresB
6040(2)Failure to restore package to required condition before forwardingB
6140(3)Failure to verify package integrity on receipt or on openingB
6240(4)Failure to immediately make preliminary report if package shows evidence of problem conditionsA
6340(5)Failure to include specified information in preliminary reportA
6440(6)Failure to file full report within specified periodA
6541(a)Failure to notify consignor, consignee and Commission of undeliverable consignmentB
6641(b)Failure to keep undeliverable consignment in access-controlled areaB
6742Failure to keep and retain records documenting specified information concerning certain packagesA

PART 9

Nuclear Security Regulations

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
15(1)Failure to review and update nuclear security plan at the specified intervalB
25(2)Failure to provide copy of updated nuclear security plan to Commission before implementationB
36(1)Failure to conduct threat and risk assessment at the specified intervalB
46(2)(a)Failure to review threat and risk assessment as requiredB
56(2)(b)Failure to update threat and risk assessment as requiredB
66(2)(c)Failure to update nuclear security plan as requiredB
76(3)Failure to make necessary modifications to the nuclear security systemB
86(4)Failure to keep record of results and updates of each threat and risk assessmentA
96(5)(a)Failure to provide records to Commission on requestB
106(5)(b)Failure to provide record of results of threat and risk assessment or an update to Commission within prescribed timeB
117Failure to implement nuclear security measures that ensure effective intervention can be madeB
128Failure to develop and implement training programB
139(1)Failure to implement measures to promote and support security cultureB
149(2)Failure to keep record of measures implemented to promote and support security cultureA
1510(1)Failure to ensure that measures and activities are designed and implemented as required and ensure that measures do not compromise the environment, the health or safety of persons or the security of the nuclear facilityB
1610(2)Failure to establish, implement and maintain required process regarding conflict and coordination of nuclear security measuresB
1710(3)Failure to keep record setting out the process regarding conflict and coordination of nuclear security measuresA
1811(1)Failure to immediately implement required compensatory measures when critical security measure is degraded, inoperative or compromisedB
1911(2)Failure to keep record setting out process for implementing compensatory measures and record indicating implementation of compensatory measuresA
2012(a)Failure to replace or restore functioning of degraded, inoperative or compromised device as soon as feasibleA
2112(b)Failure to determine how device became degraded, inoperative or compromisedA
2213(1)Failure to ensure security guards are trained and qualifiedB
2313(2)Failure to keep record of security guard training and proof of their qualificationsA
2414(1)Failure to make written arrangements with off-site response force that, alone on in conjunction with on-site nuclear response force, is capable of making an effective interventionB
2514(2)Failure to provide for specified matters in written arrangements with off-site response forceB
2614(3)Failure to have written arrangements signed as requiredA
2715(1)Failure to have alarm-monitoring capability or make arrangements with an alarm-monitoring serviceB
2815(2)Failure to provide for notification procedure in arrangements with alarm-monitoring serviceB
2916(1)Failure to implement and maintain cyber security programC
3016(2)Failure to protect computer systems and electronic components against cyber security threats as requiredB
3117(1)Failure to protect specified sensitive information as requiredB
3217(2)Failure to implement nuclear security measures to protect the confidentiality, integrity and availability of specified sensitive information as requiredB
3317(3)Permitting person to access sensitive information who does not require access to carry out their dutiesB
3418Failure to implement measures to protect, as required, information for identity verification or in relation to a clearance or authorizationB
3519Producing, processing, using or storing Category I nuclear material in place other than inner areaC
3620Producing, processing, using or storing Category II nuclear material in place other than protected areaC
3721Producing, processing, using or storing Category III nuclear material in place other than protected area or any other area that meets prescribed requirementsB
3822(1)Producing, processing, using or storing specified nuclear substance in place other than area that meets prescribed requirementsB
3922(2)(a)Failure to maintain list of persons who are authorized to access the areaB
4022(2)(b)Permitting unauthorized persons to access the areaB
4122(2)(c)Failure to implement required measuresB
4223Failure to ensure nuclear substance is not removed from nuclear facility except in accordance with licenceB
4324(1)(a)Failure to determine reason for unauthorized removal of nuclear substance from nuclear facilityA
4424(1)(b)Failure to assess and immediately respond to unauthorized removal of nuclear substanceB
4524(2)Failure to keep record setting out process respecting unauthorized removal of nuclear substancesA
4629(1)Failure to design nuclear security system taking into account the specified threats, evaluate that system or modify the system as necessaryB
4729(2)Failure to implement nuclear security measures that ensure effective intervention can be made, taking into account the specified threatsB
4829(3)Failure to keep record that sets out required processesA
4930(1)Failure to provide sufficient number of nuclear security officers to carry out the specified dutiesC
5030(2)Failure to keep record of nuclear security officers’ duties and to give copy of it to nuclear security officerA
5131Failure to provide each nuclear security officer with necessary equipment, devices and apparelB
5232(1)Failure to ensure nuclear security officer only carries out duties for which they have the necessary training, knowledge and skill and for which they are qualifiedB
5332(2)Failure to ensure each nuclear security officer participates in continuing training program that includes the specified trainingB
5432(3)Failure to keep record of training received by each nuclear security officerB
5533Failure to keep records containing required information regarding nuclear security officers who are required to carry a firearmA
5634(1)Failure to maintain on-site nuclear response force with required capabilityC
5734(3)Failure to ensure that nuclear security officers who are members of on-site nuclear response force are authorized to carry firearms in Canada and trained and qualified to use themC
5834(4)Failure to provide nuclear security officers who are members of on-site nuclear response force with necessary equipment, devices and apparelC
5935Failure to provide for specified matters in the written in arrangements with off-site response forceB
6036Failure to develop and maintain contingency plan to ensure effective intervention can be made, taking into account the specified threatsB
6137(1)Failure to implement required security drill and security exercise programB
6237(2)Failure to update the security drill and security exercise program as requiredB
6338(1)Failure to conduct security drill at the specified intervalB
6438(2)Failure to ensure that specified nuclear security officers participate in a security drill at the specified intervalB
6539(1)Failure to conduct security exercise as required at the specified intervalB
6639(2)Failure to notify Commission in writing within prescribed time of intent to conduct security exerciseB
6740(1)Failure to keep record containing the required information regarding each security drill and security exerciseB
6840(2)Failure to provide copy of required record to Commission within prescribed timeB
6941(1)Failure to create required corrective action plan setting out the required informationB
7041(2)Failure to implement corrective actions as requiredB
7141(3)Failure to provide copy of corrective action plan to Commission within the prescribed periodA
7242(1)Failure to ensure that specified nuclear security measures are monitored from a central alarm stationB
7342(2)(a)Central alarm station not located outside of a vital area or inner areaB
7442(2)(b)Central alarm station not designed, constructed and located as requiredB
7542(2)(c)Central alarm station not attended at all times by at least one central alarm station operatorB
7642(2)(d)Central alarm station not designed to prevent solitary central alarm station operator from tampering with or, compromising nuclear security measure or disabling it without authorizationB
7742(2)(e)Central alarm station not equipped as required with respect to alarms received in the stationB
7842(2)(f)Central alarm station not equipped with required devicesB
7942(3)Permitting person to enter central alarm station who does not need to enter to perform their dutiesB
8042(4)Failure to implement specified processesB
8143(1)(a)Failure to establish backup alarm station that is independent from the central alarm stationB
8243(1)(b)Failure to establish backup alarm station that is designed and equipped as requiredB
8343(2)Failure to ensure backup alarm station operated only by security personnel with required trainingB
8443(3)Permitting person to enter backup alarm station who does not need to enter to perform their dutiesB
8543(4)Failure to implement required processesB
8643(5)Failure to test backup alarm station at specified intervalB
8744(1)Granting high-security site access clearance without meeting prescribed conditionsC
8844(4)Granting high-security site access clearance for term exceeding 10 years or not subject to necessary terms and conditionsB
8944(5)Failure to keep record indicating how clearance was verifiedA
9045(1)Granting enhanced security clearance without meeting prescribed conditionsC
9145(3)Granting enhanced security clearance for term exceeding five years or not subject to necessary terms and conditionsB
9246(1)Failure to keep up-to-date list of each person granted a clearance and that identifies their clearanceB
9346(2)Failure to provide copy of list to Commission or inspector on requestB
9447(1)(a)Failure to revoke high-security site access clearance or enhanced security clearance of person who poses or could pose unreasonable risk to health or safety of persons or security of the siteB
9547(1)(b)Failure to revoke high-security site access clearance or enhanced security clearance of person who is no longer employed by or under contract to the licenseeB
9647(1)(c)Failure to revoke high-security site access clearance or enhanced security clearance of person whose duties or functions have been completed, suspended or otherwise terminatedB
9747(1)(d)Failure to revoke high-security site access clearance or enhanced security clearance of person who no longer requires it to perform their dutiesB
9847(1)(e)Failure to revoke high-security site access clearance or enhanced security clearance of person who provided false or misleading informationB
9947(2)Failure to notify Commission in writing of revocation of high-security site access clearance or enhanced security clearance as required within prescribed timeB
10049(1)Entering or remaining in protected area without required clearance and authorization and any required escortB
10149(2)Granting authorization to enter and remain in protected area without escort without meeting prescribed conditionsB
10249(3)Granting authorization to enter and remain in protected area with escort without meeting prescribed conditionsB
10349(4)Granting authorization to enter and remain in protected area without escort for term exceeding 10 yearsB
10449(5)Granting authorization to enter and remain in protected area not subject to necessary terms and conditionsB
10549(6)Failure to provide copy of requested information or documentsB
10650Entering or remaining in vital area without required authorization and any required escortB
10751Entering or remaining in inner area without required authorization and being accompanied or escorted as requiredB
10852(1)Granting authorization to enter and remain in vital area or inner area without escort without meeting prescribed conditionsB
10952(2)Granting authorization to enter and remain in vital area or inner area with escort without meeting prescribed conditionsC
11052(3)Granting authorization to enter and remain in vital area or inner area without escort for term exceeding five yearsB
11152(4)Granting authorization to enter and remain in vital area or inner area not subject to necessary terms and conditionsB
11252(5)Failure to provide copy of requested information or documentsB
11353(1)Failure to keep record that sets out required information for each person who is authorized to enter protected area, vital area or inner areaB
11453(2)Failure to retain record for specified periodB
11553(3)Failure to provide copy of record to Commission or inspector on requestB
11653(4)Failure to make copy of record available to nuclear security officersB
11754Permitting person who does not have enhanced security clearance to carry out duties or responsibilities of security personnel or related to nuclear security intelligenceB
11855(1)Acting as nuclear security officer without written authorization of licenseeB
11955(2)Granting authorization to act as nuclear security officer without meeting prescribed conditionsB
12055(3)Granting authorization to act as nuclear security officer without assessing person’s knowledge as requiredB
12155(4)Granting authorization to act as nuclear security officer for term exceeding five years or not subject to necessary terms and conditionsB
12255(5)Failure to provide copy of requested information or documentsA
12356(1)Acting as nuclear security support person without required authorization and any required escortB
12456(2)Granting authorization to act as nuclear security support person without escort without meeting prescribed conditionB
12556(3)Granting authorization to act as nuclear security support person with escort without obtaining specified information and documentsB
12656(4)Failure to include required conditions in authorization to act as nuclear security support personB
12756(5)Granting authorization to act as nuclear security support person without escort for term exceeding five yearsB
12856(6)Granting authorization to as nuclear security support person not subject to necessary terms and conditionsB
12956(7)Failure to provide copy of requested information or documentsA
13057(1)Acting as central alarm station operator without written authorization of the licenseeB
13157(2)Granting authorization to act as central alarm station operator without meeting prescribed requirementsB
13257(3)Granting authorization to act as central alarm station operator for term exceeding five years or not subject to necessary terms and conditionsB
13357(4)Failure to provide copy of requested information or documentsA
13458(1)Failure to keep up-to-date list of each person granted a specified authorization and that identifies that authorizationB
13558(2)Failure to provide copy of record to Commission or inspector on requestB
13659(1)(a)Failure to revoke authorization of person who poses or could pose an unreasonable risk to health or safety of persons or security of the high-security siteB
13759(1)(b)Failure to revoke authorization of person who is no longer employed by or under contract to the licenseeB
13859(1)(c)Failure to revoke authorization of person whose duties or functions have been completed, suspended or otherwise terminatedB
13959(1)(d)Failure to revoke authorization of person who no longer requires it to perform their dutiesB
14059(1)(e)Failure to revoke authorization of person who provided false or misleading informationB
14159(2)Failure to notify Commission in writing of revocation of authorization as required within prescribed timeB
14260Failure to equip high-security site with devices that provide uninterrupted power supply for critical security measuresB
14361(1)Failure to enclose protected area with physical barrier at perimeterB
14461(2)Failure to protect perimeter of protected area with required nuclear security measures or by keeping it under direct visual surveillance of nuclear security officerB
14561(3)Failure to design and construct physical barrier and design and implement nuclear security measures such that they together provide sufficient time and reduce risk as requiredB
14661(5)(a)Failure to construct means of entry or exit so that it can be closed and securely lockedB
14761(5)(b)Failure to keep means of entry or exit closed and securely locked except in specified circumstancesB
14862(1)Failure to have unobstructed area on both sides of physical barrier as requiredB
14962(2)Failure to illuminate unobstructed area as requiredB
15063Failure to protect perimeter of protected area with required nuclear security measureB
15164Failure to establish process to identify vital areas and keep required recordB
15265(1)(a)Failure to protect vital area with nuclear security measures that are in addition to those used to protect the protected areaB
15365(1)(b)Failure to protect vital area with nuclear security measures that provide access control for the areaB
15465(1)(c)Failure to protect vital area with nuclear security measures that provide for detection of unauthorized access to the areaB
15565(1)(d)Failure to protect vital area with nuclear security measures that delay adversaries as requiredB
15665(1)(e)Failure to protect vital area with nuclear security measures that triggers the specified alarmB
15765(1)(f)Failure to protect vital area with nuclear security measures that are monitored as requiredB
15865(2)Failure to securely lock means of entry or exit in vital areaB
15966Failure to keep up-to-date list of persons as specifiedB
16067(1)Failure to enclose inner area with structure as requiredB
16167(2)Failure to keep means of entry or exit closed and securely locked with required deviceB
16268(1)Failure to protect inner area with required nuclear security measures or by keeping it under direct visual surveillance of nuclear security officerB
16368(2)Failure to protect inner area with required nuclear security measuresB
16469(1)(a)Permitting unauthorized person to enter or remain in protected areaB
16569(1)(b)Permitting unauthorized person to enter or remain in vital areaC
16669(1)(c)Permitting unauthorized person to enter or remain in inner areaB
16769(2)Permit person who requires escort to enter and remain in protected area or inner area without escortB
16870Failure to immediately report unauthorized person to nuclear security officerB
16971(a)Failure to ensure that weapons are only taken into protected area or inner area in specified circumstancesB
17071(b)Failure to ensure that explosive substances are only taken into protected area or inner area in specified circumstancesB
17171(c)Failure to ensure that threat items are only taken into protected area or inner if they are necessary for an operational requirementB
17272(1)Failure to ensure Category I, II or III nuclear material is only removed from protected area or inner area in accordance with licenceB
17372(2)Failure to ensure Category I, II or III nuclear material is only removed from vital area with authorization of licenseeB
17473(a)Taking weapon into protected area or inner area except in specified circumstancesB
17573(b)Taking explosive substance into protected area or inner area except in specified circumstancesB
17673(c)Taking threat items into protected area or inner area that are not necessary for an operational requirementB
17773(d)Removing Category I, II or III nuclear material from protected area, vital area or inner area without authorization of licenseeB
17874Failure to verify identity of person entering protected area as requiredC
17975Failure to verify and record identity of person entering vital areaB
18076Permitting land vehicle to enter protected area, vital area or inner area without operational requirementB
18177(1)Failure to ensure that land vehicles only enter or exit protected area through vehicle portal or opening as requiredC
18277(2)Failure to ensure that both moveable barriers of vehicle portal or opening are not open at same time except in specified circumstancesB
18377(3)Failure to ensure that vehicle portal or opening is attended or protected as required when both moveable barriers are open at the same timeB
18478(1)Permitting means of entry or exit in structure enclosing inner area to be unlocked, opened or kept open longer than requiredB
18578(2)Permitting means of entry or exit in structure enclosing inner area to be unlocked, opened or kept open without direct visual surveillance of nuclear security officerB
18678(3)Permitting means of entry or exit in structure or barrier enclosing inner area to be unlocked by unauthorized personsB
18779Entering and remaining in inner area without being accompanied as requiredB
18880(1)Failure to post required signage for high-security siteB
18980(2)Failure to post required signage for protected area or inner areaA
19081(1)Permitting person to enter protected area or inner area without having them and their possessions searched as requiredB
19181(2)Failure to ensure that all persons and their possessions are searched as required when exiting protected area or inner areaB
19281(4)Permitting person to remain in protected area or inner area without having them and their possessions searched as requiredB
19381(5)Failure to conduct search in accordance with requirementsB
19481(6)Failure to conduct search of land vehicle in vehicle portal as requiredB
19582Entering protected area or inner area after refusing searchB
19685(1)Granting facility-access security clearance without meeting prescribed conditionsB
19785(3)Granting facility-access security clearance for term exceeding 10 years or not subject to necessary terms and conditionsB
19885(4)Failure to keep record indicating how the status or clearance was verifiedA
19986(1)Failure to keep an up-to-date list of persons granted facility-access security clearanceA
20086(2)Failure to provide copy of list of persons to Commission or inspector on requestA
20187(1)(a)Failure to revoke facility-access security clearance of person who poses or could pose an unreasonable risk to health or safety of persons or security of nuclear facilityB
20287(1)(b)Failure to revoke facility-access security clearance of person who is no longer employed by or under contract to licenseeB
20387(1)(c)Failure to revoke facility-access security clearance of person whose duties or functions have been completed, suspended or otherwise terminatedB
20487(1)(d)Failure to revoke facility-access security clearance of person who no longer requires it to carry out their dutiesB
20587(1)(e)Failure to revoke facility-access security clearance of person who provided false or misleading informationB
20687(2)Failure to notify Commission in writing of revocation of facility-access security clearance as required within prescribed timeA
20788(1)Entering or remaining in nuclear facility without facility-access security clearance or required escortB
20889(1)Failure to ensure that every person who enters or remains in nuclear facility is permitted to do soB
20989(2)Failure to establish and implement process that controls access to the nuclear facility and ensures verification of the identity of persons entering itB
21090(a)Failure to ensure that weapons are only taken into nuclear facility in specified circumstancesB
21190(b)Failure to ensure that explosive substances are only taken into nuclear facility in specified circumstancesB
21290(c)Failure to ensure that threat items are only taken into nuclear facility if they are necessary for an operational requirementB
21391(a)Taking weapon into nuclear facility except in specified circumstancesB
21491(b)Taking explosive substance into nuclear facility except in specified circumstancesB
21591(c)Taking threat items into nuclear facility that are not necessary for an operational requirementB
21691(d)Removing nuclear substance from nuclear facility without authorization of licenseeB
21792(1)Permitting a land vehicle to enter a nuclear facility without meeting prescribed conditionsB
21893Failure to post required signageB
21994(1)Failure to implement processes that provide for manner of selecting persons to be searched or screenedB
22094(2)Permitting person selected for search or screening to enter nuclear facility without required search or screeningB
22195Failure to conduct search or screening as requiredB
22296(1)Failure to conduct a security exercise testing the required elements at the specified intervalB
22396(2)Failure to notify Commission in writing of intent to conduct security exercise within prescribed timeA
22496(3)Failure to create record containing required information each time security exercise is conductedA
22596(4)Failure to create corrective action plan setting out required informationB
22696(5)Failure to implement corrective actions as requiredB
22796(6)Failure to provide copy of record and any corrective action plan to Commission within prescribed timeA
228101(1)Failure to conduct security exercise as required at the specified intervalB
229101(2)Failure to keep record containing the required information each time a security exercise is conductedB
230101(3)Failure to create corrective action plan setting out required informationB
231101(4)Failure to implement corrective actions as requiredB
232101(5)Failure to provide a copy of record and any corrective action plan to Commission within prescribed periodA

PART 10

Nuclear Non-Proliferation Import and Export Control Regulations

Column 1Column 2Column 3
ItemProvisionShort-form DescriptionCategory
14(3)Failure to submit a written report to the Commission concerning the export of a controlled nuclear substance within the specified period and with the specified informationB

RELATED PROVISIONS

  • — SOR/2025-219, s. 107

    • Definition of former Regulations
      • 107 (1) For the purposes of this section, former Regulations means the Nuclear Security Regulations as they read immediately before the day on which these Regulations come into force.

      • Words and expressions

        (2) Unless the context otherwise requires, words and expressions used in this section have the same meaning as in section 1.

      • Nuclear facility

        (3) The former Regulations and Part 9 of the schedule to Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission), as they read immediately before the day on which these Regulations come into force, continue to apply for two years after that day to a nuclear facility for which, on the day on which these Regulations come into force, a licence issued under the Act is in force.

      • Existing authorization or clearance

        (4) If a person has been granted a clearance or issued an authorization under the former Regulations, that clearance or authorization remains valid until the expiry of the term for which it was granted or issued, and during that term the person may continue to access any area or information and carry out any duties and responsibilities that the clearance or authorization permitted them to access or carry out under the former Regulations.

      • Site access security clearance

        (5) If a person has been granted a site access security clearance under the former Regulations that is valid on the day on which these Regulations come into force and that, to maintain the person’s access to the nuclear facility, must be replaced by a facility-access security clearance granted under section 85, the licensee that granted the clearance may, before the term of the clearance expires, extend the term of the clearance to any term not exceeding 10 years.

AMENDMENTS NOT IN FORCE

  • — SOR/2025-196, s. 74

    • 74 Items 41 and 42 of Part 2 of the schedule to the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)Footnote 3 are replaced by the following:

      Column 1Column 2Column 3
      ItemProvisionShort-form DescriptionCategory
      4230(3)Failure to file a report with the Commission on the possession of uranium, plutonium-239 or thorium within the specified timeB
      4330(4)Failure to file a report with the Commission on any inventory change within the specified timeB
      4430(6)Failure to file a report with the Commission on specified activities within the specified timeB
      4530(7)Failure to retain relevant recordA
      4630(8)Failure to continue to retain record for the specified periodA
      4730(10)Failure to consent and submit to verification activitiesB
  • — SOR/2025-196, s. 75

    • 75 Item 1 of Part 10 of the schedule to the Regulations is replaced by the following:

      Column 1Column 2Column 3
      ItemProvisionShort-form DescriptionCategory
      13.1Failure to retain a record relevant to any import or export under a licence for the specified periodA
      24(3)Failure to submit a written report to the Commission concerning the export of a controlled nuclear substance within the specified period and with the specified informationB

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