Vol. 149, No. 6 — March 25, 2015

Registration

SOR/2015-67 March 13, 2015

NUCLEAR SAFETY AND CONTROL ACT

Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Miscellaneous Program)

P.C. 2015-313 March 12, 2015

The Canadian Nuclear Safety Commission, pursuant to subsection 44(1) (see footnote a) of the Nuclear Safety and Control Act (see footnote b), makes the annexed Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Miscellaneous Program).

Ottawa, November 3, 2014

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) (see footnote c) of the Nuclear Safety and Control Act (see footnote d), approves the annexed Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Miscellaneous Program) made by the Canadian Nuclear Safety Commission.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE NUCLEAR SAFETY AND CONTROL ACT (MISCELLANEOUS PROGRAM)

CLASS I NUCLEAR FACILITIES REGULATIONS

1. The portion of the definition “federal authority” in section 1 of the Class I Nuclear Facilities Regulations (see footnote 1) after paragraph (e) is replaced by the following:

URANIUM MINES AND MILLS REGULATIONS

2. The portion of the definition “federal authority” in section 1 of the Uranium Mines and Mills Regulations (see footnote 2) after paragraph (e) is replaced by the following:

NUCLEAR SUBSTANCES AND RADIATION DEVICES REGULATIONS

3. (1) The portion of paragraph 5(1)(e) of the English version of the Nuclear Substances and Radiation Devices Regulations (see footnote 3) before subparagraph (i) is replaced by the following:

(2) Paragraph 5(1)(e) of the Regulations is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after that subparagraph:

(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

4. The portion of section 8 of the French version of the Regulations before paragraph (a) is replaced by the following:

8. Toute personne peut, sans y être autorisée par un permis, avoir en sa possession, transférer ou utiliser un appareil qui contient une substance nucléaire si les conditions suivantes sont réunies :

NUCLEAR SECURITY REGULATIONS

5. (1) Paragraph (b) of the definition “physical protection system support person” in section 1 of the Nuclear Security Regulations (see footnote 4) is replaced by the following:

(2) The definitions “sabotage” and “vital area” in section 1 of the Regulations are replaced by the following:

“sabotage” means any deliberate act or omission, directed against a nuclear facility or nuclear substances, that

“vital area” means an area inside a protected area containing equipment, systems, devices or a nuclear substance, whose sabotage could pose an unreasonable risk to the environment or to the health or safety of persons arising from exposure to radiation. (zone vitale)

6. The portion of subsection 21(1) of the Regulations before paragraph (a) is replaced by the following:

21. (1) A licensee shall revoke an authorization issued under section 17, 18 or 20 if

COMING INTO FORCE

7. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) reviewed the Nuclear Security Regulations (SOR/2000-209) and the Nuclear Substances and Radiation Devices Regulations (SOR/2000-207) made by the Canadian Nuclear Safety Commission (CNSC) under the Nuclear Safety and Control Act (NSCA). The SJCSR recommended clarifying regulatory requirements in section 21 (Revocation of Authorization by Licensee) of the Nuclear Security Regulations and section 5 (General Exempted Activities) of the Nuclear Substances and Radiation Devices Regulations. It also noted some inconsistencies between the English and French versions of the regulations. The CNSC acknowledged the need for regulatory amendments to clarify the provisions and correct minor inconsistencies and language discrepancies.

The CNSC is also taking the opportunity to update references in the Class I Nuclear Facilities Regulations (SOR/2000-204) and the Uranium Mines and Mills Regulations (SOR/2000-206) as a result of section 201 of the Canada Marine Act coming into force and the repealing of the Harbour Commissions Act.

Objectives

The amendments aim to respond to the SJCSR’s recommendations by

Description

The following regulations are amended as follows:

Nuclear Security Regulations

Section 21 currently gives nuclear power plant licensees the discretion to revoke the authorizations of persons to enter into protected and inner areas in the following circumstances:

The amended Regulations require licensees to revoke the authorizations of persons to enter into protected and inner areas when there are reasonable grounds to believe that they could pose a risk to the nuclear power plant, or when the authorization is no longer required.

The amendments also correct certain inconsistencies between the English and French versions of the Regulations.

Nuclear Substances and Radiation Devices Regulations

Section 5 of the Regulations currently exempts depleted uranium (DU) counterweights used in aircrafts (i.e. to stabilize and balance the aircraft, particularly used in wide-body aircrafts) from the licensing requirement (exempt from the end-user licensing). Once installed, the DU counterweights pose very little risk to workers or the public, as they are not easily accessible; however, they require that they be permanently stamped with the words “DEPLETED URANIUM APPAUVRI,” and that these words be visible through any plating or other covering; that each counterweight manufactured be labelled or impressed with the name of the manufacturer and its unique identification number, and the statement “UNAUTHORIZED ALTERATIONS PROHIBITED / MODIFICATIONS INTERDITES SANS AUTORISATION;” and that 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.

The amended Regulations clarify the Nuclear Substances and Radiation Devices Regulations through the addition of a new subparagraph. Subparagraph 5(1)(e)(ii.1) states that for a licence exemption to apply, the only authorized alterations of depleted uranium counterweights in aircrafts are those done in accordance with the Canadian Aviation Regulations. This provides context to the phrase “UNAUTHORIZED ALTERATIONS PROHIBITED,” which must be marked on those counterweights under subparagraph 5(1)(e)(ii). Reference to the Canadian Aviation Regulations provides sufficient clarity about maintenance requirements for DU counterweights without imposing unnecessary compliance burden on current users (e.g. Canadian operators or other international operators).

The amendments also correct certain inconsistencies between the English and French versions of the Regulations.

Class I Nuclear Facilities Regulations and Uranium Mines and Mills Regulations

In October 2013, section 201 of the Canada Marine Act came into force and repealed the Harbour Commissions Act (as per order SI/2013-107), reflecting that there are no remaining harbour commissions in Canada. All references to harbour commissions in regulations made under the NSCA have therefore been deleted.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these regulatory amendments, as there are no changes in administrative costs to business.

Small business lens

The small business lens does not apply to these regulatory amendments, as they do not impose costs on small business.

Consultation

The CNSC discussed the amendment to the Nuclear Security Regulations with affected licensees of Canada’s nuclear power plants, namely the Ontario Power Generation, Bruce Power, HydroQuébec, New Brunswick Power, and Atomic Energy of Canada Limited (Chalk River). Licensees supported the change, noting it reflects their current practices.

The CNSC also notified Transport Canada of its intent to specify in the Nuclear Substances and Radiation Devices Regulations that any alterations of DU counterweights be done in accordance with the Canadian Aviation Regulations. No concerns were raised.

Rationale

The amendments clarify the regulatory text and allow stakeholders to better understand regulatory requirements.

Implementation, enforcement and service standards

The Regulations will come into force on the day they are registered. The amendments do not affect the CNSC’s existing compliance and enforcement policies and service standards.

Contacts

Colin Moses
Director
Regulatory Framework Division
Telephone: 613-995-5430
Email: Colin.Moses@cnsc-ccsn.gc.ca

Canadian Nuclear Safety Commission
280 Slater Street
Ottawa, Ontario
K1P 5S9
Telephone: 613-991-3153