Canada Gazette, Part I, Volume 158, Number 13: Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Imports, Exports and Safeguards)
March 30, 2024
Statutory authority
Nuclear Safety and Control Act
Sponsoring agency
Canadian Nuclear Safety Commission
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Executive summary
Issues: Canada has international obligations related to nuclear non-proliferation that are implemented domestically through Canadian regulations. Misalignment between these regulations and the implementation of international agreements hinders Canada’s ability to meet the commitments it has made to the peaceful use of nuclear energy.
Description: The Canadian Nuclear Safety Commission (CNSC) is proposing to update the General Nuclear Safety and Control Regulations (GNSCR) to add requirements related to safeguards. Specifically, the proposed changes would introduce new requirements for any person either possessing small amounts of nuclear material or engaged in nuclear fuel cycle-related research and development and/or in nuclear-related manufacturing activities. The proposed amendments would also include lifting the need to present a licence at the border when exporting or importing prescribed information.
The CNSC is also proposing to update the Nuclear Non-proliferation Import and Export Control Regulations (NNIECR) to include the latest revisions to international control lists, introduce new licence exemptions, enhance licensing information and harmonize record retention periods.
Rationale: Amending the GNSCR and the NNIECR would ensure Canada’s regulatory framework is aligned with its safeguards agreements and internationally agreed export controls. It would also support the CNSC’s responsibilities with respect to the oversight of nuclear materials, nuclear fuel cycle-related research and development and nuclear-related manufacturing, as well as the export of controlled nuclear substances, equipment and information.
Issues
The proposed amendments are intended to address the following issues:
- As a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Government of Canada has committed to implement safeguards through Canadian regulation.
- In addition to being a party to the NPT, Canada has made commitments to various multilateral export control regimes, such as the Zangger Committee and the Nuclear Suppliers Group (NSG).
- While CNSC’s implementation of Canadian safeguards obligations have been managed effectively through a mix of mandatory and voluntary reporting, Canada’s regulations could be improved by making reporting a requirement for everyone.
- If Canada’s safeguards requirements are not adequately reflected in the CNSC’s regulations, it may put into question Canada’s ability to fulfill its safeguards obligations and commitment to the peaceful uses of nuclear energy.
- It could also lead to additional International Atomic Energy Agency (IAEA) inspections, negative findings in annual reporting by the IAEA to its Board of Governors or even a finding of non-compliance by the IAEA.
- In addition, without improvements to the import and export licensing regime, Canada may experience issues both domestically and internationally with respect to the movement of controlled nuclear substances, equipment and information.
- Specifically, two regulations, the GNSCR and the NNIECR, would need to be amended to address the issues listed below.
(1) GNSCR
Safeguards requirements
Safeguards refer to an international system of monitoring and verifying nuclear material and specified nuclear activities, administered in Canada by the CNSC and verified by the IAEA, to deter the diversion of nuclear material from legitimate peaceful activities. Due to emerging safeguards challenges and increased international nuclear development, the IAEA has revised its approach to implementing safeguards in recent years. This has led to greater scrutiny of small quantities of nuclear material as well as nuclear fuel cycle-related research and development and nuclear-related manufacturing. The CNSC has identified persons/organizations that possess such nuclear material or perform these activities, but that currently fall outside of the CNSC’s regulatory authorities. These persons have been voluntarily providing the information and inspection access that is required to fulfill Canada’s safeguard obligations, upon request. There are likely other persons, currently outside of the CNSC’s regulatory authority, who have not provided the information necessary for the CNSC to make correct and complete declarations to the IAEA. The CNSC’s reliance on voluntary reporting and inspection access, while functional, is not a best practice and it has become clear that changes to the GNSCR are necessary to respond to the IAEA’s revised approach to safeguards implementation.
Prescribed information
Exporters/importers have moved away from transmitting prescribed informationfootnote 1 using physical formats and now share that information digitally. Presently, the GNSCR require licensees to present a copy of their CNSC licence to a Canada Border Services Agency (CBSA) customs officer when exporting/importing prescribed information (for example plans, engineering designs, manuals or instructions), regardless of the format. Some licensees have continued to send their CNSC licence to the CBSA when importing or exporting prescribed information electronically. The proposed changes to the GNSCR would remove the obligation to present a physical copy of the CNSC licence to a customs officer when importing/exporting prescribed information; however, all prescribed information would continue to be subject to import/export authorization from the CNSC.
(2) NNIECR
International control lists
In addition to being a party to the NPT, Canada has made commitments to various multilateral export control regimes, such as the Zangger Committee and the Nuclear Suppliers Group (NSG), which produce the Trigger List and the NSG Guidelines, respectively. These documents outline what nuclear substances, equipment and information should be controlled, based on their risk to contribute to nuclear weapons development (that is their proliferation risk), and are updated by the Zangger Committee and NSG regularly.
Note: Throughout this document, any references to “nuclear substances, equipment and information” include nuclear-related dual-use substances, equipment and information. The term “dual use” refers to the potential for a nuclear-related item to be used not only in civilian applications, but also in nuclear weapons-related activities.
The NNIECR contain schedules with information from the Trigger List and NSG Guidelines. The NNIECR schedule is not current with the latest update and is misaligned with some other countries’ regulations, which have already incorporated the latest export control information. Discrepancies or differences among export controls between countries can increase proliferation risk.
In addition, Global Affairs Canada (GAC), the department that regulates the export of controlled goods and technology, including nuclear material and equipment, has already updated its regulation, the Export Control List, to align with the latest Trigger List and NSG Guidelines. The consequences of not having the latest Trigger List and NSG Guidelines in the NNIECR create challenges and confusion for Canadians exporting nuclear substances, prescribed equipment and information.
Licence exemptions
The NNIECR currently place regulatory controls over the import and export of controlled nuclear substances in certain forms, above and beyond what the Zangger Committee and NSG require, even if they pose a low risk for contributing to nuclear weapons development. Continuing to control these substances creates an unnecessary burden and unnecessary costs for licensees.
Licensing information
In CNSC’s import/export applications, all the information required from the applicant to facilitate efficient processing and regulatory oversight is not requested. The CNSC often needs to contact applicants to request additional information, such as an applicant’s Canadian business address, email address or process documents. In addition, the CBSA is responsible for enforcing CNSC’s regulations at the border when licensees are importing/exporting controlled nuclear substances or equipment. The CBSA has had to unnecessarily hold nuclear substances or equipment until they were able to validate import licences with the CNSC since there is no common identifier in the licence, such as the Canada Revenue Agency (CRA) business number.
Record retention periods
The NNIECR do not include a record retention period for documents relating to the import/export of controlled nuclear substances, equipment and information. If a CNSC regulation does not specify a record retention period, licensees only have to keep their records for a period of one year after the expiry of their licence. This can complicate oversight and compliance activities.
Background
Canada’s policy on nuclear non-proliferation and disarmament is based on the NPT, which Canada has been a party to since 1970. The CNSC contributes to implementing Canada’s nuclear non-proliferation policy.
Nuclear non-proliferation involves measures aimed at preventing the acquisition and spread of nuclear weapons. This includes measures that lower the risk of diversion of items from the civilian nuclear fuel cycle to nuclear weapons development. Safeguards refers to the measures taken by the IAEA, in accordance with the NPT, to verify that nuclear material is not diverted from peaceful uses, which includes performing routine inspections and other verification activities in Canada.
Through its import/export licensing process, the CNSC takes steps to assure that Canada’s nuclear exports and imports are used solely for peaceful purposes and do not contribute to development of nuclear weapons.
The Nuclear Safety and Control Act (NSCA) establishes the CNSC’s authority to set regulatory requirements for all nuclear-related activities in Canada, including making associated regulations, such as with
- the General Nuclear Safety and Control Regulations (GNSCR), which set out general requirements for licence applications and renewals, exemptions, obligations of licensees, prescribed nuclear facilities and equipment and information, contamination, record-keeping and inspections; and
- the Nuclear Non-proliferation Import and Export Control Regulations (NNIECR), which provide requirements for a licence application to import or export controlled nuclear substances, controlled nuclear equipment or controlled nuclear information, in addition to exemptions from licensing for certain import and export activities.
Through the NSCA and its regulations, the CNSC implements the following commitments of Canada as a State party to the NPT:
- not to receive, manufacture or acquire nuclear weapons or other nuclear explosive devices;
- to accept IAEA safeguards on all nuclear material in Canada; and
- to ensure that Canada’s nuclear exports to non-nuclear weapon countries are subject to IAEA safeguards.
The proposed amendments to the GNSCR and NNIECR are intended to align Canadian regulations with the following texts.
Safeguards Agreement and Additional Protocol
Canada’s obligations under the NPT are further elaborated in the following documents.
Under the Agreement Between the Government of Canada and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons (Safeguards Agreement), all nuclear material, which is generally defined “as uranium, thorium and plutonium-239, excluding uranium or thorium naturally occurring in soil, rock or ore,” is subject to the Agreement. There is no minimum quantity for IAEA reporting and inspection access. Many CNSC licensees are required to regularly report on the inventory and movement of nuclear material. However, the CNSC’s regulations allow for certain quantities of this nuclear material to be possessed without a licence. For example, the CNSC’s Nuclear Substances and Radiation Devices Regulations allow the possession of up to 10 kg of natural uranium without a licence when not used for its radiation properties.
Similarly, under the Protocol Additional to the Agreement Between Canada and the Internationl Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons (Additional Protocol), the Government of Canada reports on certain nuclear fuel cycle-related research and development and nuclear-related manufacturing activities to the IAEA; however, some of these activities do not require a CNSC licence and therefore are not regulated by the CNSC.
As the agency responsible for implementing the Safeguards Agreement and Additional Protocol, the CNSC is proposing to amend the GNSCR.
Trigger List and NSG Guidelines
Canada is a Member of the Zangger Committee and a Participating Government of the Nuclear Suppliers Group (NSG):
- The Zangger Committee publishes a document called the Trigger List, which identifies all substances and equipment that would trigger safeguards and the associated controls for the export of those items to non-nuclear weapon states (countries who have signed the NPT and who do not possess nuclear weapons) and countries which are not party to the NPT. The Trigger List is focused on nuclear material and equipment especially designed or prepared for nuclear purposes.
- The NSG was created following the 1974 explosion of a nuclear device by a state that was not party to the NPT, which demonstrated that nuclear technology transferred for peaceful purposes could be misused. The NSG is composed of countries who are the major suppliers of nuclear material and non-nuclear material for reactors, equipment and technology. It publishes guidelines that build on the Trigger List by including technology for the development, production and use of the items that appear on the Trigger List (e.g. software and blueprints) and address the export of dual-use items, among other things.
Members of the Zangger Committee and Participating Governments of the NSG agree by consensus on lists of items whose exports must be regulated and have committed to incorporate the lists into their national legislations.
In its role representing Canada on the Zangger Committee and NSG, the CNSC is proposing changes to the NNIECR.
Objective
The objective of the regulatory proposal is to ensure that the GNSCR reflect Canada’s international obligations related to safeguards and that the NNIECR align with the current internationally agreed export controls. The goal of this regulatory proposal is to
(1) Amend the GNSCR to
- broaden safeguards requirements; and
- modernize prescribed information requirements.
(2) Amend the NNIECR to
- align with international control lists;
- introduce licence exemptions;
- enhance the licensing process; and
- harmonize record retention periods.
Description
(1) GNSCR
The GNSCR require all CNSC licensees to “take all necessary measures to facilitate Canada’s compliance with any applicable safeguards agreement.”
Broaden safeguards requirements
The Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Imports, Exports and Safeguards) [the proposed Regulations] would require any person in Canada who possesses nuclear material and/or is engaged in nuclear fuel cycle-related research and development and/or nuclear-related manufacturing activities to
- file an annual report with the CNSC describing all quantities of nuclear material in their possession and the activities and locations of any nuclear fuel cycle-related research and development and/or nuclear-related manufacturing;
- report any inventory changes to the CNSC (e.g. shipment or receipt, import or export, loss or gain of nuclear material, change in nuclear material description or composition) within one business day of the occurrence of the change;
- give verification access to the CNSC and the IAEA; and
- retain all related records for a minimum of five years or as long as they possess nuclear material, perform nuclear fuel cycle-related research and development and/or nuclear-related manufacturing.
Under the GNSCR, many CNSC licensees, including power and research reactors, waste management facilities for nuclear material, uranium processing facilities and research facilities, are required to report and monitor nuclear material and activities and to provide access and assistance to IAEA safeguards inspectors. The proposed amendments would have no impact on these licensees.
However, there are others who are expected to be impacted:
- some CNSC licensees are subject to the GNSCR, but have no specific requirements for safeguards in their licences;
- people and organizations in Canada who are allowed to possess certain nuclear materials without a CNSC licence; and
- people who conduct certain activities that are not currently subject to Canadian regulation, such as nuclear fuel cycle-related research and development and/or nuclear-related manufacturing activities.
Modernize border processes related to prescribed information
The proposed regulations would eliminate the requirement for licensees to present a CNSC licence to customs officers when importing or exporting prescribed information into Canada.
(2) NNIECR
The NNIECR set requirements associated with “the import and export of controlled nuclear substances, controlled nuclear equipment and controlled nuclear information.”
Align with international control lists
An important tool Canada has used to meet its international commitments to the peaceful use of nuclear energy is the inclusion of content from the Trigger List and NSG Guidelines in the NNIECR’s schedule. The NNIECR schedule of controlled nuclear substances, equipment and information would be amended to reflect the Trigger List and NSG Guidelines by
- including new entries (e.g. external thermal shields);
- adding notes to existing entries (e.g. “Note: The import of nuclear grade graphite that is not for use in a nuclear reactor is exempted.”); and
- providing clarity (e.g. “500 kPa” instead of “several hundred”).
Introduce licence exemptions
The proposed regulations would introduce exemptions in the NNIECR for items considered to be of very low risk to contribute to nuclear weapons development, such as tritium contained in self-luminous devices for personal use, watches and compasses. The proposed amendments would no longer require a person to obtain a licence to export or import such items.
Enhanced licensing information
The proposed Regulations would require applicants to provide the following additional information as part of licensing:
- the applicant’s Canada Revenue Agency-assigned business number (if applicable);
- the applicant’s written import/export processes; and
- the applicant’s email address.
Harmonize record retention periods
The proposed Regulations would require a six-year retention period after the licence has expired, in alignment with other domestic statutes (e.g. the Export and Import Permits Act and the Customs Act) for key import and export records, including
- any licence to import or export nuclear substances, equipment or information that are subject to the regulations;
- the customs declaration and associated documentation submitted at the time of import or export;
- shipping manifests and associated documentation;
- any purchase order and/or certification of manufacture; and
- notifications and other regulatory reporting submissions.
(3) Consequential amendments
Consequential amendments are proposed to the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) to reference the proposed Regulations accurately. In addition, the consequential amendments would include new administrative monetary penalties (AMPs) for the new proposed requirements in the GNSCR, such as
- reporting on all nuclear material and inventory changes;
- reporting on all nuclear fuel cycle-related research and development as well as nuclear-related manufacturing activities;
- granting verification access to the CNSC and the IAEA; and
- ensuring record retention.
Regulatory development
Consultation
Discussion paper
The CNSC released discussion paper DIS-15-01: Proposal to Amend the Nuclear Non-proliferation Import and Export Control Regulations in March 2015 for a 120-day public comment period. The discussion paper, among other things, laid out the proposed amendments to the NNIECR and the proposal to remove from the GNSCR the requirement to present a copy of a CNSC licence when importing or exporting controlled nuclear information. The CNSC sought input on these proposed amendments via its website and Facebook page, and sent an information bulletin to all stakeholders on its email subscription list, which includes over 4 000 subscribers. The consultation notice was also posted on Consulting with Canadians, a Government of Canada website that enables federal departments and agencies to consult more broadly with the public on government policies and programs.
Ten medium and large licensees, mostly nuclear power reactors and uranium mines and mills, submitted comments. Overall, they supported maintaining alignment with international control lists and the proposed exemptions of items considered to be of very low risk to contribute to nuclear weapons development. All stakeholders supported removing the requirement for licensees to present a copy of their CNSC licence to a customs officer when importing or exporting controlled nuclear information. Stakeholders also supported extending the record retention period for import/export licences in the NNIECR.
Since medium and large licensees already have established processes and procedures as part of their management systems, there was general support for the proposed amendment to include the submission of written procedures during licensing. It was understood by stakeholders that this requirement would aid in ensuring the applicant’s compliance with the proposed Regulations. However, some commenters noted that this requirement may increase regulatory burden for small licensees. Since this requirement would be a one-time expense that facilitates compliance activities, the CNSC considered it necessary to keep. However, the proposed amendment was revised to require a higher-level process document, rather than a detailed procedure. The CNSC also committed to provide clarification on what would be expected in the submitted process documents as part of future regulatory guidance materials.
Targeted consultation on the GNSCR safeguards requirements
In 2016, CNSC staff conducted a targeted consultation via email with stakeholders who did not require a CNSC licence, including those who were already reporting on a voluntary basis. Responses indicated that stakeholders understood the need for the CNSC to incorporate these requirements into regulations, in accordance with commitments made in the various safeguards agreements. One comment from a prospective licensee questioned how the CNSC would protect proprietary information. The CNSC assured this company that, as per current practice, any information submitted to the CNSC for safeguards purposes would be stored and transmitted securely, and only shared with the appropriate authority (the IAEA), when the CNSC is required to do so.
In addition, outreach clarifying the reporting requirements already in place for CNSC licensees under paragraph 12(1)(i) of the GNSCR was conducted via email and phone in 2016 with approximately 200 CNSC licensees that were identified as potentially
- possessing nuclear material in quantities that do not require a CNSC licence;
- engaged in specified nuclear fuel cycle-related research and development activities; or
- engaged in nuclear-related manufacturing activities.
Stakeholders expressed general support for broadening the safeguards requirements following the consultation discussions.
Consultation sessions
Further consultations and updates on the project and proposed amendments to the GNSCR and NNIECR were posted on the CNSC’s electronic consultation platform, Let’s Talk Nuclear Safety, from May 17 to June 30, 2021. A notification was sent to the CNSC’s general email list along with an email to over 200 targeted organizations that could potentially be impacted by the changes. The CNSC received comments from 8 licensees, including nuclear reactor facilities, uranium mines and mills, a health science company and a tritium light source manufacturing facility. Stakeholders requested details on the proposed updates to the GNSCR and NNIECR and asked for clarification on the implementation of the proposed Regulations.
The CNSC then held two workshops on November 4, 2021, to discuss the amendments to the GNSCR and NNIECR and their potential impacts. The CNSC shared the proposed amendments with registrants by email in advance of the workshops. Over 200 stakeholders participated at the workshops, including representatives from nuclear power reactor facilities, uranium mines and mills, universities, hospitals, federal and provincial health departments, and environmental non-governmental organizations.
Most of the comments and questions received were on clarifying whether the new requirements or exemptions would apply to specific licensees or non-licensees. CNSC staff confirmed that further details would be provided in revised regulatory documents, which the CNSC uses to provide guidance on how to meet regulatory requirements.
Stakeholders also suggested that the exemption to obtain an export licence for self-luminous devices used in aircraft, ships and conveyance vehicles (e.g. exit signs) be extended to all self-luminous devices containing tritium (e.g. self-powered torches that do not require batteries). In response, the CNSC has proposed to exempt a certain export licensing requirement for self-luminous sources or devices.
Prepublication in Canada Gazette, Part I
The proposed Regulations are being prepublished in Part I of the Canada Gazette for 75 days.
Modern treaty obligations and Indigenous engagement and consultation
The assessment examined the geographical scope and subject matter of the initiative in relation to modern treaties in effect and did not identify any potential modern treaty implications. In addition, as part of the CNSC’s commitment to engage with First Nations and Indigenous communities, the CNSC reached out to potentially impacted First Nations with modern treaties, which were identified by Crown-Indigenous Relations and Northern Affairs Canada. No specific questions or comments on the proposed Regulations have been received to date.
Instrument choice
Canada cannot ratify an international treaty until measures are in place to ensure that the terms of the treaty are enforceable in Canadian law. Canada has used the GNSCR and the NNIECR, in part, to ensure that Canadians are respecting the commitments outlined in the NPT. The proposed Regulations would enable Canada to meet its international safeguards commitments through the NPT.
Regulatory analysis
Benefits and costs
Although some of the new requirements in the GNSCR and NNIECR would result in costs to licensees, non-licensees and the CNSC, the overall proposal would represent a total net benefit of $1.7 million.
The main concern expressed by stakeholders during consultation had to do with the costs associated with the submission of import/export procedures. This requirement was subsequently revised to only require the submission of import/export processes, which tend to be higher-level documents that take less time to prepare. One CNSC licensee was also satisfied by the proposal to exempt all self-luminous devices from export licences when destined for an NSG country, since the savings would be considerable.
The cost-benefit analysis (CBA) for this proposal has presented a challenge since updates to the GNSCR and NNIECR would impact different stakeholders. Although the CNSC has put a lot of effort in its outreach activities for this proposal, there may still be some non-licensees who possess nuclear material or perform activities captured by these amendments that are unknown to the CNSC and who may not have been made aware of the proposal.
Methodology
Monetized impacts are calculated using the Standard Cost Model (PDF) from the Organization for Economic Co-operation and Development. This is an internationally recognized methodology for determining and calculating the monetized effects of government regulation on business. The Standard Cost Model calculates costs by estimating the time required to complete a required task and multiplying it by the hourly wage of the employee(s) responsible for performing the task, the frequency that the task must be performed and the number of businesses affected by the requirement.
An hourly rate of $70/hour for licensees or non-licensees and $50/hour for CNSC staff are used in the CBA. Present value totals are in 2022 Canadian dollars, discounted to 2025 using a rate of 7% over a 10-year time period (2025–2034), as directed by the Policy on Cost-Benefit Analysis.
Affected stakeholders
The number of impacted licensees and non-licensees was determined by benchmarking information available to the CNSC for the last five years. In this CBA,
- “non-licensees” are persons/organizations who possess small quantities of nuclear material or are engaged in nuclear fuel cycle-related research and development or nuclear-related manufacturing, such as small modular reactor vendors/designers, manufacturers of flasks for the storage of irradiated fuel or zirconium tubes or researchers;
- “small licensees” are mostly educational institutions, holders of industrial radiographic exposure devices, hospitals and other holders of small quantities of nuclear material;
- “medium licensees” are typically processing facilities for industrial, medical and research purposes or nuclear transportation and packaging licensees; and
- “large licensees” generally refer to nuclear power plants, nuclear waste management facilities, uranium processing facilities and major nuclear research facilities.
Many CNSC licensees are not impacted by the proposed amendments under the GNSCR since they already meet the regulatory requirements related to safeguards. However, for the GNSCR, it is expected that 45 small licensees and non-licensees would be impacted by the requirements to provide safeguards information and access for verification. No impacts are expected for lifting the requirement to present a CNSC licence to a customs officer.
For the NNIECR, there would be approximately 300 small licensees that would need to develop and submit their import/export processes, which would present a minimal one-time cost. Approximately 75 small, medium, and large licensees would benefit from the new licence exemptions related to nuclear substances that pose a low risk for contributing to nuclear weapons development. No impacts are expected for the new record retention period.
GNSCR
Costs to industry
The proposed updates to the GNSCR would impose a total cost of $98,630 (present value) on small licensees and non-licensees.
The development and submission of an annual report on nuclear material would affect approximately 45 licensees and non-licensees and is expected to take up to 10 hours in the first year and two hours in each of the following years for each licensee/non-licensee. The relatively large upfront costs are due to licensees/non-licensees needing first to become familiarized with the content of the reports and the IAEA nomenclature.
The reporting of inventory changes is expected to impact 45 small licensees and non-licensees and it would take approximately one hour to produce each report.
Approximately 45 small licensees and non-licensees conduct nuclear fuel cycle-related research and development activities and would need to start reporting annually. This activity is expected to take up to 10 hours in the first year and 5 hours in each of the following years.
Fewer than 15 small licensees and non-licensees conduct nuclear-related manufacturing activities. Reporting requirements could take up to 10 hours in the first year and 5 hours in each of the following years.
The CNSC expects an overlap between these numbers, since licensees or non-licensees could both possess nuclear material and be engaged in nuclear fuel cycle-related research and development or nuclear-related manufacturing activities or be engaged simultaneously in research and development activities and manufacturing.
The CNSC expects the IAEA to verify between one and three small licensees or non-licensees per year. It would take about 10 hours for these licensees and non-licensees to prepare for the verification, assist the inspectors and participate in follow-up discussions. These inspections are expected to cost these licensees and non-licensees $1,600 per year.
Benefits to industry
The removal of the requirement to present a CNSC license to a customs officer would not result in either a cost or a saving.
NNIECR
Costs to industry
The proposed requirement to develop and submit the import and export processes would affect approximately 300 smaller licensees and represent a one-time cost of $131,250 in the first year (present value cost of $122,364) after the amendments come into force. Once licensees have submitted their processes, they would only need to resubmit their processes if major changes occur.
The additional record keeping requirement would not impose costs, since licensees are already keeping records for six years, as per other domestic legislations (e.g. the Export and Import Permits Act and the Customs Act). Larger licensees, such as nuclear reactor and uranium processing facilities, are already required under the Class I Nuclear Facilities Regulations and the Uranium Mines and Mills Regulations to implement a management system (i.e. an organization’s manual of processes, procedures and practices used to ensure that it can fulfill all tasks required to achieve its objectives safely and consistently), which includes the submission of their import/export processes.
Benefits to industry
The addition of the CRA business number on the licence applications would improve efficiency at the border and during the CNSC assessment of the application. If the CRA business number appears on CNSC import/export licenses, the CBSA can easily match the licensee with other importer identification information already on record. Proposed amendments would also help ensure that licensees document their processes and are compliant with regulations.
The proposed exemptions in the NNIECR, for which a licence would no longer be required for items deemed to be of low proliferation significance, would affect approximately 75 small, medium and large licensees and would represent savings of $1.4 million (present value) to the industry.
Government impacts
For the GNSCR, there would be a cost increase of $136,044 (present value) for the government:
- in the first year, the CNSC would have to educate licensees and non-licensees on the expectations for providing safeguards information (e.g. format of the reports, IAEA nomenclature, assessing the reports); and
- in the following years, the CNSC would have an increased number of reports to assess and would have to prepare for IAEA verification activities, assist IAEA inspectors and participate in follow-up discussions.
There would be no cost or savings to the government for the removal of the requirement to present a CNSC licence to a customs officer when importing/exporting controlled nuclear information, since licensees would still need to obtain a licence from the CNSC and therefore CNSC staff would still need to assess the applications and conduct verification activities (e.g. verify records of these types of imports/exports).
For the NNIECR, there would be a cost increase of $202,307 (present value) to the government for assessing the import/export processes of licensees that have not already been submitted in the past. The proposal would also result in government savings of $839,182, which is attributed to the CNSC no longer needing to review and process licence applications, issue licences and conduct oversight activities for the exempted low-proliferation nuclear substances, equipment and information.
Cost-benefit statement
- Number of years: 10 (2025 to 2034)
- Base year for costing: 2022
- Present value base year: 2025
- Discount rate: 7%
| Impacted stakeholder | Description of cost | 2025 | 2029 | 2034 | Total (present value) | Annualized value |
|---|---|---|---|---|---|---|
| Industry | Reporting activities (GNSCR) | $26,841 | $11,981 | $11,981 | $98,630 | $14,043 |
| Reporting activities (NNIECR) | $131,250 | $0 | $0 | $122,664 | $17,465 | |
| Government | Administration (GNSCR) | $35,470 | $16,189 | $16,189 | $136,044 | $19,370 |
| Administration (NNIECR) | $27,859 | $27,859 | $27,859 | $202,307 | $28,804 | |
| All stakeholders | Total costs | $221,420 | $56,029 | $56,029 | $559,645 | $79,682 |
| Impacted stakeholder | Description of benefits | 2025 | 2029 | 2034 | Total (present value) | Annualized value |
|---|---|---|---|---|---|---|
| Industry | Reduced reporting activities (NNIECR) | $204,101 | $196,401 | $192,201 | $1,426,103 | $203,045 |
| Government | Reduced administration | $115,570 | $115,570 | $115,570 | $839,182 | $119,481 |
| All stakeholders | Total benefits | $319,671 | $311,971 | $307,771 | $2,265,284 | $322,526 |
| Impacts | 2025 | 2029 | 2034 | Total (present value) | Annualized value |
|---|---|---|---|---|---|
| Total costs | $221,420 | $56,029 | $56,029 | $559,645 | $79,681 |
| Total benefits | $319,671 | $311,971 | $307,771 | $2,265,284 | $322,526 |
| Net impact | $98,252 | $255,943 | $251,743 | $1,705,639 | $242,845 |
Qualitative impacts
Qualitative benefits would result from the proposed amendments to the GNSCR, such as more complete reporting of nuclear material, nuclear fuel cycle-related research and development and nuclear-related manufacturing activities in Canada to the IAEA and improved compliance with international safeguards obligations.
The proposed amendments to the NNIECR would align Canada’s approach to import and export more closely with that of international partners that are part of the Zangger Committee and the NSG. The proposal also contributes to harmonizing domestic legislation, removing obstacles for importers/exporters and reducing confusion when conducting import/export activities.
Small business lens
The proposed amendments to both regulations are estimated to represent a net cost of $123,132 (present value) [$17,531 annualized] on small businesses. The total net cost per small business would be $360 ($51 annualized). All costs are expected to be administrative.
To ratify an international treaty, Canada must ensure that the terms of the treaty are enforceable in Canadian law. This means that alternative compliance mechanisms are not possible; therefore, no regulatory flexibility options were considered appropriate. However, the CNSC will remain flexible in the implementation of the requirements and discuss timelines with the individual impacted licensees and non-licensees.
GNSCR
The proposed reporting and inspection requirements in the GNSCR would impose a present value cost of $98,630 ($14,043 annualized) to 45 small licensees and non-licensees. It is anticipated that most of the costs would be related to the broadened safeguards requirements. The costs for the first year are expected to be considerably higher, since small licensees and non-licensees would first need to be made aware of the details to include in their reports.
Small licensees and non-licensees that have participated in the various consultation activities have expressed their support for this proposal and understand Canada’s safeguards commitments with the IAEA.
NNIECR
The net present cost to small business for the amendments to NNIECR would be $24,501, or $3,486 (annualized).
The new requirement to submit the import/export processes when submitting a licence application would affect approximately 300 smaller licensees and would result in a one-time cost of $122,664 (present value) or $17,465 (annualized).
Approximately 23 small businesses that import or export items deemed to be of low proliferation significance would benefit from total present value cost savings of $98,162 for annualized savings of $13,976.
Some commenters had voiced their concerns about adding costs to small businesses related to the enhanced licensing information. The original proposal had been to require licensees to produce and submit import and export procedures, which was later changed to process documents (less detailed than procedures), which represents a decrease in administrative burden.
Small business lens summary
- Number of small businesses impacted: 342 (45 GNSCR + 297 NNIECR)
- Number of years: 10 (2025 to 2034)
- Base year for costing: 2022
- Present value base year: 2024
- Discount rate: 7%
| Activity | Annualized value | Present value |
|---|---|---|
| Total compliance cost | $0 | $0 |
| Activity | Annualized value | Present value |
|---|---|---|
| Administrative cost (GNSCR) | 14,043 | 98,630 |
| Administrative cost (NNIECR) | 17,465 | 122,664 |
| Administrative cost savings | (13,976) | (98,162) |
| Net administrative cost | 17,531 | 123,132 |
One-for-one rule
The regulatory analysis above is for the combined impact of two sets of regulatory amendments. Each set would result in changes to administrative burden on business, which triggers application of the one-for-one rule. Under the one-for-one rule, implications for each set of regulatory amendments need to be disaggregated as below.
Reported values are estimated using the same assumptions as those used for costs and benefits described above (all costs on business are considered as administrative burden) and converted to 2012 Canadian dollars and discounted to 2012 present value using a rate of 7% (in accordance with the Red Tape Reduction Regulations).
GNSCR
The one-for-one rule applies, since there would be an incremental increase in administrative burden on business, and the proposal is considered a “burden in” under the rule. No regulatory titles would be repealed or introduced.
The amendments to the GNSCR would impose annualized administrative costs of $4,690, or $78.17 per business.
NNIECR
The one-for-one rule applies, since there would be an incremental decrease in administrative burden on business, and the proposal is considered a “burden out” under the rule. No regulatory titles would be repealed or introduced.
The amendments to the NNIECR would result in annualized administrative cost savings of $61,976, or $164.83 per business.
Regulatory cooperation and alignment
The proposed amendments would harmonize domestic regulations with the items already listed on the Export Control List, and the new record-keeping requirements would be consistent with those already set out in the Export and Import Permits Act and the Customs Act.
GNSCR
Canada and the United States have different obligations regarding safeguards. The United States is recognized by the NPT as a nuclear weapon state, along with China, France, Russia and the United Kingdom, while Canada is a non-nuclear weapon state and is therefore subject to a different set of safeguards requirements.
All non-nuclear weapon and nuclear-weapon states of the European Union are part of the European Atomic Energy Community (Euratom), which has also brought into force safeguards agreements with the IAEA. Euratom and other non-nuclear weapon states outside of Europe, such as Japan and the United Arab Emirates, include safeguards requirements in their regulations, which are very similar to what is proposed for the GNSCR.
NNIECR
As with other members of the Zangger Committee and participating governments of the NSG, Canada has agreed to include the Trigger List and NSG Guidelines into its domestic legislation. The NNIECR schedule includes slight modifications and additions to the Trigger List and NSG Guidelines to adapt them to a Canadian context. These modifications provide more specificity to requirements for Canadian licensees.
The NNIECR are several editions behind the current Trigger List and NSG Guidelines, while the majority of the Zangger Committee members and NSG signatories have been keeping their regulations up to date.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
No gender-based analysis plus (GBA+) impacts have been identified for this proposal.
Implementation, compliance and enforcement, and service standards
Implementation
The proposed Regulations would come into force the day on which they are published in the Canada Gazette, Part II. The CNSC would work with licensees to coordinate the implementation of these proposed Regulations. Outreach and educational sessions would be organized with stakeholders, including non-licensees.
Compliance and enforcement
The proposed Regulations would be enforced in accordance with the CNSC’s existing enforcement policy.
Contact
Dana Beaton
Director General
Regulatory Policy Directorate
Canadian Nuclear Safety Commission
280 Slater Street
P.O. Box 1046, Station B
Ottawa, Ontario
K1P 5S9
Telephone: 613‑219‑0959
Email: consultation@cnsc-ccsn.gc.ca
PROPOSED REGULATORY TEXT
Notice is given that the Canadian Nuclear Safety Commission, subject to the approval of the Governor in Council, proposes to make the annexed Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Imports, Exports and Safeguards) under section 44footnote a of the Nuclear Safety and Control Act footnote b.
Interested persons may make representations concerning the proposed Regulations within 75 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Dana Beaton, Director General, Regulatory Policy Directorate, Canadian Nuclear Safety Commission, 280 Slater St., P.O. Box 1046, Station B, Ottawa, Ontario K1P 5S9 (tel.: 613‑219‑0959; email: consultation@cnsc-ccsn.gc.ca).
Ottawa, March 26, 2024
Wendy Nixon
Assistant Clerk of the Privy Council
Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Imports, Exports and Safeguards)
General Nuclear Safety and Control Regulations
1 Section 18 of the General Nuclear Safety and Control Regulations footnote 2 is replaced by the following:
- 18 Before importing or exporting a nuclear substance or prescribed equipment, the licensee must present the required import or export licence to a customs officer.
2 Section 30 of the Regulations is amended by adding the following after subsection (2):
(3) Every person in possession of uranium, plutonium-239 or thorium must file a report with the Commission, on an annual basis, containing the following information:
- (a) the uranium, plutonium-239 or thorium items in their possession, the masses and how they were determined; and
- (b) the chemical and physical forms of the uranium, plutonium-239 or thorium in their possession.
(4) Every person referred to in subsection (3) must file a report with the Commission within one business day of the occurrence or establishment of the occurrence of any inventory changes containing the following information:
- (a) the uranium, plutonium-239 or thorium items subject to the inventory change, the masses and how they were determined;
- (b) the chemical and physical forms of the uranium, plutonium-239 or thorium subject to the inventory change; and
- (c) the import or export licence number, if applicable.
(5) Despite subsections (3) and (4), a person is not required to report on the following:
- (a) uranium or thorium naturally occurring in soil, rock or ore;
- (b) uranium, plutonium-239 or thorium in transit through Canada; and
- (c) uranium, plutonium-239 or thorium in a non-nuclear end-use form that is practicably irrecoverable.
(6) Every person who conducts nuclear fuel cycle-related research and development activities or nuclear-related manufacturing activities in accordance with the safeguards agreement must file a report with the Commission, on or before March 15 of each year, containing the following information:
- (a) a description of the activities including the scale of operations, as applicable; and
- (b) the location where the activities are being carried out.
(7) Subject to subsection (8), every person required to make reports referred to in subsection (3), (4) or (6) must retain all records supporting those reports.
(8) If a person who is required to retain records under subsection (7) ceases to be in possession of uranium, plutonium-239 or thorium as set out in subsection (3) or ceases to conduct the activities set out in subsection (6), they must continue to retain all records supporting those reports for a period of five years beginning on the day on which they filed those reports with the Commission.
(9) The retention period established in subsection (7) does not have the effect of varying any other longer period specified in the Act, the regulations made under the Act or a licence for the retention of these records.
(10) Every person referred to in subsection (3) or (6) must consent and submit to verification activities conducted by the Commission and the IAEA.
Nuclear Non-proliferation Import and Export Control Regulations
3 (1) Paragraph 3(1)(a) of the Nuclear Non-proliferation Import and Export Control Regulations footnote 3 is replaced by the following:
- (a) the applicant’s business number assigned by the Canada Revenue Agency, if applicable, their name, Canadian address, email address and telephone number;
(2) Subsection 3(1) of the Regulations is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):
- (i) the applicant’s written process for the import or export of the substance, equipment or information.
4 The Regulations are amended by adding the following after section 3:
Record Retention
3.1 Every person must retain, for a period of six years after the day on which a licence to import or export issued to them expires, the licence and all records relevant to any import or export under it, including, if applicable,
- (a) the application for the licence and supporting information submitted to the Commission or any designated officer who is authorized to carry out the duties set out in paragraphs 37(2)(c) and (d) of the Act;
- (b) the customs declaration and associated documentation submitted at the time of import or export;
- (c) shipping manifests and associated documentation;
- (d) any purchase order and certificate of manufacture; and
- (e) the notifications and other reporting submissions made under the licence.
5 (1) Paragraph 4(1)(a) of the Regulations is replaced by the following:
- (a) import a controlled nuclear substance referred to in Part B of the schedule;
(2) Subsection 4(1) of the Regulations is amended by striking out “or” at the end of paragraph (e) and by replacing paragraph (f) with the following:
- (f) import a controlled nuclear substance referred to in paragraph A.1.3 of the schedule that is not for use in a nuclear reactor and whose quantity is less than 200 kg;
- (g) export a controlled nuclear substance referred to in paragraph A.1.4 of the schedule that is not for use in a nuclear reactor to any Participating Government of the Nuclear Suppliers Group;
- (h) import a controlled nuclear substance referred to in paragraph A.1.4 of the schedule that is not for use in a nuclear reactor;
- (i) import a controlled nuclear substance referred to in paragraph A.1.5 of the schedule when contained in a self-luminous source or self-luminous device; or
- (j) export a controlled nuclear substance referred to in paragraph A.1.5 of the schedule when contained in a self-luminous source or self-luminous device, and when that source or device contains less than 1 480 GBq of tritium, to any Participating Government of the Nuclear Suppliers Group.
(3) The portion of subsection 4(3) of the Regulations before paragraph (a) is replaced by the following:
- (3) Every person who exports a controlled nuclear substance under paragraph (1)(g) or (j) must, by January 31, submit to the Commission a written report that includes the following information regarding every export of the controlled nuclear substance in the previous calendar year:
(4) Section 4 of the Regulations is amended by adding the following after subsection (3):
- (4) Paragraph (1)(j) applies only to exports that are intended for end-use in States that are signatories to the Treaty on the Non-Proliferation of Nuclear Weapons that was signed by Canada at London and Washington on July 23, 1968 and at Moscow on July 29, 1968 and that came into force for Canada on March 5, 1970.
6 The portion of the schedule to the Regulations after the heading “Controlled Nuclear Substances, Equipment and Information” and before Part A is replaced by the following:
- The following lists are reproduced, in rearranged form and with some modifications, from International Atomic Energy Agency Information Circulars INFCIRC/254/Rev.14/Part 1, INFCIRC/254/Rev.12/Part 2 and INFCIRC/209/Rev.5.
7 Paragraph (a) of the note at the end of paragraph A.1.1 of Part A of the schedule to the Regulations is replaced by the following:
- (a) special fissionable material occurring as contaminants in laundry, packaging, shielding, equipment or biological samples;
8 Paragraphs (a) and (b) of the note at the end of paragraph A.1.2(c) of Part A of the schedule to the Regulations are replaced by the following:
- (a) source material occurring as contaminants in laundry, packaging, shielding, equipment or biological samples; or
- (b) depleted uranium used as ballasts, counterweights or shielding for Class II prescribed equipment, as defined in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations, for radiation devices or for transport packaging; or
- (c) thorium used in civil non-nuclear applications, including thorium contained in lamps, lights, welding rods and engine coatings. This exemption does not apply to bulk imports or exports of thorium for the manufacture of these items.
9 (1) Paragraph (b) of the note at the end of paragraph A.1.3 of Part A of the schedule to the Regulations is replaced by the following:
- (b) deuterium occurring as a contaminant in laundry, packaging, shielding, equipment or biological samples;
(2) The note at the end of paragraph A.1.3 of Part A of the schedule to the Regulations is amended by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
- (d) deuterium contained in pharmaceutical products.
10 Paragraph A.1.4 of Part A of the schedule to the Regulations is replaced by the following:
- A.1.4 Nuclear grade graphite
- Graphite having a purity level better than 5 ppm boron equivalent and with a density greater than 1.50 g/cmfootnote 3, in a quantity exceeding 1 kg.
11 Part A of the schedule to the Regulations is amended by adding the following after paragraph A.1.5
- NOTE
- Paragraph A.1.5 does not include
- (a) tritium contained in self-luminous devices, for illumination, that have been installed in conveyances, including aircrafts, ships or vehicles;
- (b) tritium contained in watches, compasses, jewellery or gunsights;
- (c) tritium occurring as a contaminant in laundry, packaging, shielding, equipment or biological samples; or
- (d) tritium contained in pharmaceutical products.
12 Paragraphs A.2.1.2 to A.2.1.10 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.1.2 Nuclear reactor vessels
- Metal vessels, or major shop-fabricated parts for these vessels, especially designed or prepared to contain the core of a nuclear reactor within the meaning of paragraph A.2.1.1, as well as relevant nuclear reactor internals within the meaning of paragraph A.2.1.8.
- NOTE
- Paragraph A.2.1.2 includes nuclear reactor vessels regardless of pressure rating, as well as reactor pressure vessels and calandrias. It includes the reactor vessel head as a major shop-fabricated part of a reactor vessel.
- Metal vessels, or major shop-fabricated parts for these vessels, especially designed or prepared to contain the core of a nuclear reactor within the meaning of paragraph A.2.1.1, as well as relevant nuclear reactor internals within the meaning of paragraph A.2.1.8.
- A.2.1.3 Nuclear reactor fuel charging and discharging machines
- Manipulative equipment especially designed or prepared for inserting or removing fuel in a nuclear reactor within the meaning of paragraph A.2.1.1.
- A.2.1.4 Nuclear reactor control rods and equipment
- Especially designed or prepared rods, support or suspension structures for those rods, rod drive mechanisms or rod guide tubes to control the fission process in a nuclear reactor within the meaning of paragraph A.2.1.1.
- A.2.1.5 Nuclear reactor pressure tubes
- Tubes especially designed or prepared to contain both fuel elements and the primary coolant in a nuclear reactor within the meaning of paragraph A.2.1.1.
- A.2.1.6 Nuclear fuel cladding
- Zirconium metal tubes or zirconium alloy tubes, or assemblies of tubes, especially designed or prepared for use as fuel cladding in a nuclear reactor within the meaning of paragraph A.2.1.1.
- A.2.1.7 Primary coolant pumps or circulators
- Pumps or circulators especially designed or prepared for circulating the primary coolant for a nuclear reactor within the meaning of paragraph A.2.1.1.
- A.2.1.8 Nuclear reactor internals
- Nuclear reactor internals especially designed or prepared for use in a nuclear reactor within the meaning of paragraph A.2.1.1. This includes, for example, support columns for the core, fuel channels, calandria tubes, thermal shields, baffles, core grid plates and diffuser plates.
- A.2.1.9 Heat exchangers, as follows:
- (a) steam generators especially designed or prepared for the primary, or intermediate, coolant circuit of a nuclear reactor within the meaning of paragraph A.2.1.1; or
- (b) other heat exchangers especially designed or prepared for use in the primary coolant circuit of a nuclear reactor within the meaning of paragraph A.2.1.1.
- NOTE
- Paragraph A.2.1.9 does not include the emergency cooling system or the decay heat cooling system.
- A.2.1.10 Neutron detectors
- Especially designed or prepared neutron detectors for determining neutron flux levels within the core of a nuclear reactor within the meaning of paragraph A.2.1.1.
- A.2.1.11 External thermal shields
- External thermal shields especially designed or prepared for use in a nuclear reactor within the meaning of paragraph A.2.1.1 for reduction of heat loss and for containment vessel protection.
13 Paragraph A.2.2 of Part A of the schedule to the English version of the Regulations is replaced by the following:
- A.2.2 Plants for the reprocessing of irradiated fuel elements, and equipment especially designed or prepared for that purpose, including:
14 Paragraphs A.2.2.1 and A.2.2.2 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.2.1 Irradiated fuel element decladding equipment and chopping machines
- Remotely operated equipment especially designed or prepared for use in reprocessing plants referred to in paragraph A.2.2 and intended to expose or prepare the irradiated nuclear material in fuel assemblies, bundles or rods for processing.
A.2.2.2 Dissolver
Dissolver vessels or dissolvers employing mechanical devices especially designed or prepared for use in reprocessing plants referred to in paragraph A.2.2, intended for the dissolution of irradiated nuclear fuel and that are capable of withstanding hot, highly corrosive liquid, and that can be remotely loaded, operated and maintained.
15 Part A of the schedule to the Regulations is amended by adding the following after paragraph A.2.2.4:
A.2.2.5 Neutron measurement systems for process control
Neutron measurement systems especially designed or prepared for integration and use with automated process control systems in reprocessing plants referred to in paragraph A.2.2.
16 (1) The portion of paragraph A.2.3 of Part A of the schedule to the Regulations before paragraph (a) is replaced by the following:
A.2.3 Plants for the fabrication of nuclear reactor fuel elements, and equipment especially designed or prepared for that purpose, including equipment that:
(2) Paragraphs (a) to (d) of paragraph A.2.3 of Part A of the schedule to the French version of the Regulations is replaced by the following:
- a) ils se trouvent normalement en contact direct avec le flux des matières nucléaires produites, ou bien traitent ou contrôlent directement ce flux;
- b) ils scellent les matières nucléaires à l’intérieur du gainage;
- c) ils vérifient l’intégrité du gainage ou l’étanchéité;
- d) ils vérifient le traitement de finition du combustible scellé.
(3) Paragraph A.2.3 of Part A of the schedule to the Regulations is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
- (e) is used for assembling reactor fuel elements.
- NOTE
- Such equipment or systems of equipment may include any of the following:
- (a) fully automatic pellet inspection stations especially designed or prepared for checking final dimensions and surface defects of the fuel pellets;
- (b) automatic welding machines especially designed or prepared for welding end caps onto the fuel pins (or rods);
- (c) automatic test and inspection stations especially designed or prepared for checking the integrity of completed fuel pins (or rods);
- (d) systems especially designed or prepared to manufacture nuclear fuel cladding.
17 Paragraphs A.2.4.1.1(b) to (e) of Part A of the schedule to the Regulations are replaced by the following:
- (b) rotor tubes:
- especially designed or prepared thin-walled cylinders with a thickness of 12 mm or less, a diameter of between 75 mm and 650 mm, and manufactured from high strength to density ratio materials;
- (c) rings or bellows:
- components especially designed or prepared to give localized support to the rotor tube or to join together a number of rotor tubes. The bellows is a short cylinder with a wall thickness of 3 mm or less, a diameter of between 75 mm and 650 mm, having a convolute, and manufactured from high strength to density ratio materials;
- (d) baffles:
- disc-shaped components of between 75 mm and 650 mm in diameter especially designed or prepared to be mounted inside the centrifuge rotor tube, in order to isolate the take-off chamber from the main separation chamber and, in some cases, to assist the UF6 gas circulation within the main separation chamber of the rotor tube, and manufactured from high strength to density ratio materials; and
- (e) top caps or bottom caps:
- disc-shaped components of between 75 mm and 650 mm in diameter especially designed or prepared to fit to the ends of the rotor tube, and so contain the UF6 within the rotor tube, and in some cases to support, retain or contain as an integrated part an element of the upper bearing (top cap) or to carry the rotating elements of the motor and lower bearing (bottom cap), and manufactured from high strength to density ratio materials.
- NOTE
- The materials used for centrifuge rotating components include the following:
- (a) maraging steel capable of an ultimate tensile strength of 1.95 GPa or more;
- (b) aluminium alloys capable of an ultimate tensile strength of 0.46 GPa or more; and
- (c) filamentary materials suitable for use in composite structures and having a specific modulus of 3.18 × 106 m or greater and a specific ultimate tensile strength of 7.62 × 10footnote 4 m or greater (specific modulus is the Young’s Modulus in N/m2 divided by the specific weight in N/m3 and specific ultimate tensile strength is the ultimate tensile strength in N/m2 divided by the specific weight in N/m3).
18 (1) Paragraph A.2.4.1.2(a) of Part A of the schedule to the Regulations is replaced by the following:
- (a) magnetic suspension bearings:
- (1) especially designed or prepared bearing assemblies consisting of an annular magnet suspended within a housing containing a damping medium. The housing will be manufactured from a UF6-resistant material. The magnet couples with a pole piece or a second magnet fitted to the top cap described in paragraph A.2.4.1.1(e). The annular magnet may have a relationship between an outer and inner diameter smaller or equal to 1.6:1. It may also be in a form having an initial permeability of 0.15 H/m or more, or a remanence of 98.5% or more, or an energy product of greater than 80 kJ/m3. In addition to the usual material properties, it is a prerequisite that the deviation of the magnetic axes from the geometrical axes is limited to very small tolerances (lower than 0.1 mm) or that homogeneity of the material of the magnet is specially called for; or
- (2) active magnetic bearings especially designed or prepared for use in gas centrifuges;
(2) Paragraphs A.2.4.1.2(c) to (f) of Part A of the schedule to the Regulations are replaced by the following:
- (c) molecular pumps:
- especially designed or prepared cylinders having internally machined or extruded helical grooves and internally machined bores. Typical dimensions are as follows: 75 mm to 650 mm internal diameter, 10 mm or more wall thickness, with the length equal to or greater than the diameter. The grooves are typically rectangular in cross-section and 2 mm or more in depth;
- (d) motor stators:
- especially designed or prepared annular stators for high speed multiphase AC hysteresis (or reluctance) motors for synchronous operation within a vacuum at a frequency of 600 Hz or greater and a power of 40 VA or greater. The stators may consist of multiphase windings on a laminated low-loss iron core comprised of thin layers typically 2 mm thick or less;
- (e) centrifuge housing or recipients:
- components especially designed or prepared to contain the rotor tube assembly of a gas centrifuge. The housing consists of a rigid cylinder of wall thickness up to 30 mm with precision-machined ends to locate the bearings and with one or more flanges for mounting. The machined ends are parallel to each other and perpendicular to the cylinder’s longitudinal axis to within 0.05° or less. The housing may also be a honeycomb-type structure to accommodate several rotor assemblies; and
- (f) scoops:
- especially designed or prepared tubes for the extraction of UF6 gas from within the rotor tube by a Pitot tube action (that is, with an aperture facing into the circumferential gas flow within the rotor tube, for example by bending the end of a radially disposed tube) and capable of being fixed to the central gas extraction system.
19 Paragraphs A.2.4.2 to A.2.4.2.5 of Part A of the schedule to the Regulations are replaced by the following:
A.2.4.2 Especially designed or prepared auxiliary systems, equipment and components for gas centrifuge enrichment plants, including the following:
- A.2.4.2.1 Feed systems or product and tails withdrawal systems
- Especially designed or prepared process systems or equipment for enrichment plants, made of or protected by materials resistant to corrosion by UF6 including
- (a) feed autoclaves, ovens or systems used for passing UF6 to the enrichment process;
- (b) desublimers, cold traps or pumps used to remove UF6 from the enrichment process for subsequent transfer upon heating;
- (c) solidification or liquefaction stations used to remove UF6 from the enrichment process by compressing and converting UF6 to a liquid or solid form; and
- (d) product and tails stations used for transferring UF6 into containers.
- Especially designed or prepared process systems or equipment for enrichment plants, made of or protected by materials resistant to corrosion by UF6 including
- A.2.4.2.2 Machine header piping systems
- Especially designed or prepared piping systems and header systems for handling UF6 within the centrifuge cascades. The piping system is normally of the triple header type with each centrifuge connected to each of the headers. There is thus a substantial amount of repetition in its form. It is wholly made of or protected by UF6-resistant materials and is fabricated to very high vacuum and cleanliness standards.
- A.2.4.2.3 Special shut-off and control valves
- (a) shut-off valves especially designed or prepared to act on the feed, product or tails UF6 gas streams of a gas centrifuge; or
- (b) bellows-sealed valves, manual or automated shut-off or control, made of or protected by materials resistant to corrosion by UF6, with an inside diameter of 10 mm to 160 mm, especially designed or prepared for use in main or auxiliary systems of gas centrifuge enrichment plants.
- A.2.4.2.4 UF6 mass spectrometers with ion sources
- Especially designed or prepared mass spectrometers capable of taking on-line samples from UF6 gas streams and having all of the following characteristics:
- (a) the capability of measuring ions of 320 atomic mass units or greater with a resolution of better than 1 part in 320;
- (b) ion sources made of or protected by nickel, nickel-copper alloys with a nickel content of 60% by weight or more, or nickel-chrome alloys;
- (c) electron bombardment ionization sources; and
- (d) a collector system suitable for isotopic analysis.
- Especially designed or prepared mass spectrometers capable of taking on-line samples from UF6 gas streams and having all of the following characteristics:
- A.2.4.2.5 Frequency changers
- Frequency changers (also known as converters or inverters) especially designed or prepared to supply motor stators within the meaning of paragraph A.2.4.1.2(d), or parts, components and sub-assemblies of such frequency changers, having both of the following characteristics:
- (a) a multiphase frequency output of 600 Hz or greater; and
- (b) high stability (with frequency control better than 0.2%).
- Frequency changers (also known as converters or inverters) especially designed or prepared to supply motor stators within the meaning of paragraph A.2.4.1.2(d), or parts, components and sub-assemblies of such frequency changers, having both of the following characteristics:
20 Paragraph A.2.4.3.1 of Part A of the schedule to the Regulations is replaced by the following:
- A.2.4.3.1 Gaseous diffusion barriers and barrier materials
- (a) especially designed or prepared thin, porous filters, with a pore size of 10 nm to 100 nm, a thickness of 5 mm or less, and for tubular forms, a diameter of 25 mm or less, made of metallic, polymer or ceramic materials resistant to corrosion by UF6; and
- (b) especially prepared compounds or powders for the manufacture of such filters. Such compounds and powders include nickel or alloys containing 60% by weight or greater nickel, aluminium oxide, or UF6-resistant fully fluorinated hydrocarbon polymers having a purity of 99.9% by weight or greater, a particle size less than 10 µm, and a high degree of particle size uniformity, which are especially prepared for the manufacture of gaseous diffusion barriers.
21 Paragraphs A.2.4.3.2 to A.2.4.3.5 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.4.3.2 Diffuser housings
- Especially designed or prepared hermetically sealed cylindrical vessels for containing the gaseous diffusion barrier, made of or protected by UF6-resistant materials.
- A.2.4.3.3 Compressors and gas blowers
- Especially designed or prepared compressors and gas blowers with a suction volume capacity of 1 m3/min or more of UF6 and a discharge pressure of up to 500 kPa, designed for long-term operation in the UF6 environment, as well as separate assemblies of such compressors and gas blowers. These compressors and gas blowers have a pressure ratio of 10:1 or less and are made of or protected by materials resistant to UF6.
- A.2.4.3.4 Rotary shaft seals
- Especially designed or prepared vacuum seals, with seal feed and seal exhaust connections, for sealing the shaft connecting the compressor or the gas blower rotor with the driver motor so as to ensure a reliable seal against in-leaking of air into the inner chamber of the compressor or gas blower, which is filled with UF6. Such seals are normally designed for a buffer gas in-leakage rate of less than 1 000 cmfootnote 3/min.
- A.2.4.3.5 Heat exchangers for cooling UF6
- Especially designed or prepared heat exchangers made of or protected by UF6-resistant materials and intended for a leakage pressure change rate of less than 10 Pa/hour under a pressure difference of 100 kPa.
22 The portion of paragraph A.2.4.4.1 of Part A of the schedule to the Regulations before paragraph (d) is replaced by the following:
- A.2.4.4.1 Feed systems or product and tails withdrawal systems
- Especially designed or prepared process systems or equipment for enrichment plants made of or protected by materials resistant to corrosion by UF6, including
- (a) feed autoclaves, ovens or systems used for passing UF6 to the enrichment process;
- (b) desublimers (or cold traps) or pumps used to remove UF6 from the enrichment process for subsequent transfer upon heating;
- (c) solidification or liquefaction stations used to remove UF6 from the enrichment process by compressing and converting UF6 to a liquid or solid form; and
- Especially designed or prepared process systems or equipment for enrichment plants made of or protected by materials resistant to corrosion by UF6, including
23 Paragraphs A.2.4.4.3 to A.2.4.4.5 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.4.4.3 Vacuum systems
- (a) especially designed or prepared vacuum manifolds, vacuum headers and vacuum pumps having a suction capacity of 5 m3/min or more; and
- (b) vacuum pumps especially designed for service in UF6-bearing atmospheres, made of or protected by materials resistant to corrosion by UF6. These pumps may be either rotary or positive, may have displacement and fluorocarbon seals and may have special working fluids present.
- A.2.4.4.4 Special shut-off and control valves
- Especially designed or prepared bellows-sealed valves, manual or automated, shut-off or control, made of or protected by materials resistant to corrosion by UF6, for installation in main and auxiliary systems of gaseous diffusion enrichment plants.
- A.2.4.4.5 UF6 mass spectrometers with ion sources
- Especially designed or prepared mass spectrometers capable of taking on-line samples, from UF6 gas streams and having all of the following characteristics:
- (a) the capability of measuring ions of 320 atomic mass units or greater with a resolution of better than 1 part in 320;
- (b) ion sources constructed of or protected by nickel, nickel-copper alloys with a nickel content of 60% by weight or more, or nickel-chrome alloys;
- (c) electron bombardment ionization sources; and
- (d) a collector system suitable for isotopic analysis.
- Especially designed or prepared mass spectrometers capable of taking on-line samples, from UF6 gas streams and having all of the following characteristics:
24 Paragraphs A.2.4.5.1 to A.2.4.5.3 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.4.5.1 Separation nozzles
- Especially designed or prepared separation nozzles and separation nozzle assemblies. The separation nozzles consist of slit-shaped, curved channels having a radius of curvature of less than 1 mm, resistant to corrosion by UF6 and having a knife-edge within the nozzle that separates the gas flowing through the nozzle into two fractions.
- A.2.4.5.2 Vortex tubes
- Especially designed or prepared vortex tubes and vortex tube assemblies. The vortex tubes are cylindrical or tapered, made of or protected by materials resistant to corrosion by UF6, and with one or more tangential inlets. The tubes may be equipped with nozzle-type appendages at either or both ends.
- A.2.4.5.3 Compressors and gas blowers
- Especially designed or prepared compressors or gas blowers made of or protected by materials resistant to corrosion by the UF6 carrier gas (hydrogen or helium) mixture.
25 Paragraph A.2.4.5.9(a) of Part A of the schedule to the Regulations is replaced by the following:
- (a) especially designed or prepared vacuum systems, including vacuum manifolds, vacuum headers and vacuum pumps, designed for service in UF6-bearing atmospheres; and
26 Paragraph A.2.4.5.10 of Part A of the schedule to the Regulations is replaced by the following:
- A.2.4.5.10 Special shut-off and control valves
- Especially designed or prepared bellows-sealed valves, manual or automated, shut-off or control, made of or protected by materials resistant to corrosion by UF6 and with a diameter of 40 mm or greater, for installation in main and auxiliary systems of aerodynamic enrichment plants.
27 (1) The portion of paragraph A.2.4.5.11 of Part A of the schedule to the Regulations before paragraph (c) is replaced by the following:
- A.2.4.5.11 UF6 mass spectrometers with ion sources
- Especially designed or prepared mass spectrometers capable of taking on-line samples from UF6 gas streams and having all of the following characteristics:
- (a) the capability of measuring ions of 320 atomic mass units or greater with a resolution of better than 1 part in 320;
- (b) ion sources constructed of or protected by nickel, nickel-copper alloys with a nickel content of 60% by weight or more, or nickel-chrome alloys;
- Especially designed or prepared mass spectrometers capable of taking on-line samples from UF6 gas streams and having all of the following characteristics:
(2) Paragraph A.2.4.5.11(d) of Part A of the schedule to the French version of the Regulations is replaced by the following:
- d) présence d’un collecteur adapté à l’analyse isotopique.
28 Paragraphs A.2.4.6.1 and A.2.4.6.2 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.4.6.1 Liquid-liquid exchange columns (chemical exchange)
- Countercurrent liquid-liquid exchange columns with mechanical power input, especially designed or prepared for uranium enrichment using the chemical exchange process. For corrosion resistance to concentrated hydrochloric acid solutions, these columns and their internals are generally made of or protected by suitable plastic materials (such as fluorinated hydrocarbon polymers) or glass. The stage residence time of the columns is normally designed to be 30 s or less.
- A.2.4.6.2 Liquid-liquid centrifugal contactors (chemical exchange)
- Liquid-liquid centrifugal contactors especially designed or prepared for uranium enrichment using the chemical exchange process. Such contactors use rotation to achieve dispersion of the organic and aqueous streams and then centrifugal force to separate the phases. For corrosion resistance to concentrated hydrochloric acid solutions, the contactors are generally made of or protected by suitable plastic materials (such as fluorinated hydrocarbon polymers) or glass. The stage residence time of the centrifugal contactors is normally designed to be 30 s or less.
29 Paragraphs A.2.4.7.1 to A.2.4.7.3 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.4.7.1 Uranium vaporization systems (Atomic Vapour Laser Isotope Separation)
- Especially designed or prepared uranium vaporization systems for use in laser enrichment.
- A.2.4.7.2 Liquid or vapour uranium metal handling systems and components (Atomic Vapour Laser Isotope Separation)
- Especially designed or prepared systems for handling molten uranium, molten uranium alloys or uranium metal vapour for use in laser enrichment, or especially designed or prepared components for that purpose.
- A.2.4.7.3 Uranium metal product and tails collector assemblies (Atomic Vapour Laser Isotope Separation)
- Especially designed or prepared product and tails collector assemblies for collecting uranium metal in liquid or solid form.
30 Paragraph A.2.4.7.4 of Part A of the schedule to the Regulations is amended by replacing “AVLIS” with “Atomic Vapour Laser Isotope Separation”.
31 Paragraphs A.2.4.7.5 and A.2.4.7.6 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.4.7.5 Supersonic expansion nozzles (Molecular Laser Isotope Separation)
- Especially designed or prepared supersonic expansion nozzles for cooling mixtures of UF6 and carrier gas to 150 K (−123°C) or less and that are corrosion resistant to UF6.
- A.2.4.7.6 Product or tails collectors (Molecular Laser Isotope Separation)
- Especially designed or prepared components or devices for collecting uranium product material or uranium tails material following illumination with laser light.
32 The portion of paragraph A.2.4.7.10 of Part A of the schedule to the Regulations before paragraph (c) is replaced by the following:
- A.2.4.7.10 UF6 mass spectrometers with ion sources (Molecular Laser Isotope Separation)
- Especially designed or prepared mass spectrometers capable of taking on-line samples from UF6 gas streams and having all of the following characteristics:
- (a) the capability of measuring ions of 320 atomic mass units or greater with a resolution of better than 1 part in 320;
- (b) ion sources constructed of or protected by nickel, nickel-copper alloys with a nickel content of 60% by weight or more, or nickel-chrome alloys;
- Especially designed or prepared mass spectrometers capable of taking on-line samples from UF6 gas streams and having all of the following characteristics:
33 Paragraph A.2.4.7.13 of Part A of the schedule to the Regulations is amended by replacing “Laser systems (AVLIS, MLIS and CRISLA)” with “Laser systems”.
34 Paragraphs A.2.4.8.3 and A.2.4.8.4 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.4.8.3 Uranium plasma generation systems
- Especially designed or prepared systems for the generation of uranium plasma for use in plasma separation plants.
35 Paragraphs A.2.5.1 to A.2.5.3 of Part A of the schedule to the Regulations are replaced by the following:
- A.2.5.1 Water-hydrogen sulphide exchange towers
- Exchange towers with diameters of 1.5 m or greater and capable of operating at pressures greater than or equal to 2 MPa, especially designed or prepared for heavy water production utilizing the water-hydrogen sulphide exchange process.
- A.2.5.2 Blowers and compressors
- Single stage, low head (i.e., 0.2 MPa) centrifugal blowers or compressors for hydrogen sulphide gas circulation (i.e., gas containing more than 70% by weight of hydrogen sulphide), especially designed or prepared for heavy water production utilizing the water-hydrogen sulphide exchange process. These blowers or compressors have a throughput capacity greater than or equal to 56 m3/s while operating at pressures greater than or equal to 1.8 MPa suction and have seals designed for wet hydrogen sulphide service.
- A.2.5.3 Ammonia-hydrogen exchange towers
- Ammonia-hydrogen exchange towers greater than or equal to 35 m in height with diameters of 1.5 m to 2.5 m and capable of operating at pressures greater than 15 MPa, especially designed or prepared for heavy water production utilizing the ammonia-hydrogen exchange process. These towers also have at least one flanged, axial opening of the same diameter as the cylindrical part through which the internals can be inserted or withdrawn.
36 Paragraph A.2.5.6 of Part A of the schedule to the Regulations is replaced by the following:
- A.2.5.6 Infrared absorption analyzers
- Infrared absorption analyzers capable of on-line hydrogen to deuterium ratio analysis if deuterium concentrations are equal to or greater than 90% by weight.
37 Paragraph A.2.5.8 of Part A of the schedule to the English version of the Regulations is replaced by the following:
- A.2.5.8 Complete heavy water upgrade systems or columns for those systems
- Complete heavy water upgrade systems, or columns for them, especially designed or prepared for the upgrade of heavy water to reactor-grade deuterium concentration.
38 Part A of the schedule to the Regulations is amended by adding the following after paragraph A.2.5.8:
- A.2.5.9 Ammonia synthesis converters or synthesis units
- Ammonia synthesis converters or synthesis units especially designed or prepared for heavy water production utilizing the ammonia-hydrogen exchange process.
39 Part A of the schedule to the Regulations is amended by adding the following after paragraph A.3:
- NOTE
- Paragraph A.3 includes parts designed or prepared for controlled nuclear equipment identified in paragraphs comprising A.2.
40 Paragraph A.4.1 of Part A of the schedule to the Regulations is replaced by the following:
- A.4.1 Technology
- Technical data for the design, production, construction, operation or maintenance of any item in this part, including, but not limited to, blueprints, plans, diagrams, models, formulae, engineering designs and specifications, software, manuals and instructions, except data available to the public (e.g., publications, publicly available websites, or that which has been made available without restrictions on its further dissemination).
- NOTE
- Technical data referred to in paragraph A.4.1 is subject to control under both tangible and intangible modes of transfer.
41 Paragraph B.1.1.1 of Part B of the schedule to the Regulations is replaced by the following:
- B.1.1.1 Radionuclides appropriate for making neutron sources based on alpha-n reaction as follows:
- (a) actinium-225 (225Ac);
- (b) actinium-227 (227Ac);
- (c) californium-253 (253Cf);
- (d) curium-240 (240Cm);
- (e) curium-241 (241Cm);
- (f) curium-242 (242Cm);
- (g) curium-243 (243Cm);
- (h) curium-244 (244Cm);
- (i) einsteinium-253 (253Es);
- (j) einsteinium-254 (254Es);
- (k) gadolinium-148 (148Gd);
- (l) plutonium-236 (236Pu);
- (m) plutonium-238 (238Pu);
- (n) polonium-208 (208Po);
- (o) polonium-209 (209Po);
- (p) polonium-210 (210Po);
- (q) radium-223 (223Ra);
- (r) thorium-227 (227Th);
- (s) thorium-228 (228Th);
- (t) uranium-230 (230U); and
- (u) uranium-232 (232U).
- NOTE
- These radionuclides may be in elemental form or may be contained in:
- (a) compounds having a total radioactivity of 37 GBq/kg or greater;
- (b) mixtures having a total radioactivity of 37 GBq/kg or greater;
- (c) products or devices containing anything referred to in paragraphs (a) and (b), except a product or device containing a compound or mixture having a total radioactivity of less than 3.7 GBq; or
- (d) products or devices containing radionuclides in elemental form, except a product or device having a total radioactivity of less than 3.7 GBq.
42 The portion of paragraph B.1.1.2 of Part B of the schedule to the Regulations before the note is replaced by the following:
- B.1.1.2 Aluminium alloys capable of an ultimate tensile strength of 0.46 GPa or more at 293 K, in the form of tubes or cylindrical solid forms (including forgings) with an outside diameter of more than 75 mm.
43 Paragraph B.1.1.4 of Part B of the schedule to the Regulations is replaced by the following:
- B.1.1.4 Bismuth having both of the following characteristics:
- (a) a purity of 99.99% or greater by weight;
- (b) a silver content of less than 10 ppm by weight.
44 Paragraph B.1.1.11 of Part B of the schedule to the Regulations is replaced by the following:
- B.1.1.11 Helium-3 or mixtures, products or devices containing helium-3, except a product or device containing less than 1 g of helium-3.
45 The portion of paragraph B.1.1.12 of Part B of the schedule to the Regulations before the note is replaced by the following:
- B.1.1.12 Lithium having any of the following characteristics:
- (a) enriched in the lithium-6 isotope (6Li) to greater than 7.5 atom percent;
- (b) enriched in the lithium-6 isotope contained in alloys, compounds, mixtures, waste or scrap;
- (c) conforming to the description in paragraph (a) or (b) and contained in products or devices, except thermoluminescent dosimeters.
46 (1) The portion of paragraph B.1.1.14 of Part B of the schedule to the Regulations before the note is replaced by the following:
- B.1.1.14 Maraging steel capable of an ultimate tensile strength of 1 950 MPa or more at 293 K, except forms in which no linear dimension exceeds 75 mm.
(2) The note at the end of paragraph B.1.1.14 of Part B of the schedule to the French version of the Regulations is replaced by the following:
- NOTA :
- L’expression « capable d’une » couvre l’acier martensitique vieillissable avant ou après le traitement thermique.
47 Paragraph B.1.1.16 of Part B of the schedule to the Regulations is replaced by the following:
- B.1.1.16 Radium-226, radium-226 alloys, radium-226 compounds, or mixtures containing radium-226, products manufactured from them and products or devices containing any of them, except medical applicators and a product or device containing not more than 0.37 GBq of radium-226 in any form.
48 The portion of paragraph B.1.1.17 of Part B of the schedule to the Regulations before the note is replaced by the following:
- B.1.1.17 Titanium alloys capable of an ultimate tensile strength of 900 MPa or more at 293 K in the form of tubes or cylindrical solid forms (including forgings) with an outside diameter of more than 75 mm.
49 Paragraph B.1.1.18 of Part B of the schedule to the Regulations is replaced by the following:
- B.1.1.18 Tungsten, tungsten carbide, or tungsten alloys (greater than 90% tungsten by weight) having a mass greater than 20 kg and in forms with a hollow cylindrical symmetry (including cylinder segments) with an inside diameter between 100 mm and 300 mm, except parts specifically designed for use as weights or gamma-ray collimators.
50 Paragraph B.1.1.20 of Part B of the schedule to the Regulations is replaced by the following:
- B.1.1.20 Rhenium, alloys containing 90% or more by weight of rhenium, and alloys of rhenium and tungsten containing 90% or more by weight of any combination of rhenium and tungsten, having both of the following characteristics:
- (a) a form with a hollow cylindrical symmetry (including cylinder segments) with an inside diameter between 100 mm and 300 mm; and
- (b) a mass greater than 20 kg.
- B.1.2 Any substance not otherwise included in paragraph B.1 if the substance is intended, or there are reasonable grounds to suspect that it is intended, in whole or in part, for use in connection with the design, development, production, handling, operation, maintenance or storage of nuclear weapons or other nuclear explosive devices.
51 Paragraph B.2.1.1 of Part B of the schedule to the Regulations is replaced by the following:
- B.2.1.1 Flow-forming machines and spin-forming machines capable of flow-forming functions, and mandrels, as follows, and specially designed software for them:
- (a) machines having three or more rollers (active or guiding) and that, according to the manufacturer’s technical specification, can be equipped with numerical control units or a computer control; and
- (b) rotor-forming mandrels designed to form cylindrical rotors of inside diameter between 75 mm and 650 mm.
- NOTE
- Paragraph (a) includes machines that have only a single roller designed to deform metal and two auxiliary rollers that support the mandrel but do not participate directly in the deformation process.
52 (1) The portion of paragraph B.2.1.3 of Part B of the schedule to the Regulations before paragraph (b) is replaced by the following:
- B.2.1.3 Dimensional inspection machines, instruments or systems, as follows, and software specially designed for those machines, instruments or systems:
- (a) computer controlled or numerically controlled coordinate measuring machines having either of the following characteristics:
- (1) only two axes and a maximum permissible error (MPE) of length measurement along any axis (one-dimensional), identified as any combination of E0x MPE, E0y MPE or E0z MPE, equal to or less (better) than (1.25 + L/1 000) μm (where L is the measured length in mm) at any point within the operating range of the machine (i.e., within the length of the axis), according to ISO 10360-2:2009;
- (2) three or more axes and a maximum permissible error (MPE) of three-dimensional (volumetric) length measurement (E0 MPE) equal to or less (better) than (1.7 + L/800) μm (where L is the measured length in mm) at any point within the operating range of the machine (i.e., within the length of the axis), according to ISO 10360-2:2009;
- (a) computer controlled or numerically controlled coordinate measuring machines having either of the following characteristics:
(2) The note at the end of paragraph B.2.1.3(b) of Part B of the schedule to the English version of the Regulations is replaced by the following:
- NOTE
- Paragraph B.2.1.3(b)(3) does not include measuring interferometer systems, without closed or open loop feedback, containing a laser to measure slide movement errors of machine tools, dimensional inspection machines or similar equipment.
(3) The second note at the end of paragraph B.2.1.3 of Part B of the schedule to the Regulations is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (c).
53 (1) The portion of paragraph B.2.1.6 of Part B of the schedule to the Regulations before paragraph (a) is replaced by the following:
- B.2.1.6 Robots or end-effectors having characteristics set out in paragraphs (a) or (b) and specially designed software or specially designed control units for those devices:
(2) Paragraph B.2.1.6 of Part B of the schedule to the Regulations is amended by striking out “or” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
- (c) control units specially designed for any of the robots or end-effectors specified in paragraph (a).
54 Paragraph B.2.1.7(a) of Part B of the schedule to the Regulations is replaced by the following:
- (a) electrodynamic vibration test systems, employing feedback or closed loop control techniques and incorporating a digital controller, capable of vibrating at 10 g RMS or more between 20 Hz and 2 000 Hz and capable of imparting forces of 50 kN measured bare table or greater;
55 Paragraph B.2.1.8 of Part B of the schedule to the Regulations is replaced by the following:
- B.2.1.8 Vacuum or other controlled atmosphere metallurgical melting and casting furnaces and related equipment, as follows, as well as specially configured computer control and monitoring systems and specially designed software for that purpose:
- (a) arc remelt furnaces, arc melt furnaces and arc melt and casting furnaces with consumable electrode capacities between 1 000 cmfootnote 3 and 20 000 cmfootnote 3 and capable of operating with melting temperatures above 1 700°C;
- (b) electron beam melting furnaces, plasma atomization furnaces and plasma melting furnaces with a power of 50 kW or greater and capable of operating with melting temperatures above 1 200°C;
- (c) plasma torches specially designed for the furnaces specified in paragraph (b) having both of the following characteristics:
- (1) operating at a power greater than 50 kW; and
- (2) capable of operating above 1 200°C; and
- (d) electron beam guns specially designed for the furnaces specified in paragraph (b) operating at a power greater than 50 kW.
56 Paragraphs B.2.2.2(c)(1) to (3) of Part B of the schedule to the Regulations are replaced by the following:
- (1) 75 mm to 650 mm inside diameter;
- (2) 12.7 mm or more in length;
- (3) single convolution depth of more than 2 mm.
57 Paragraphs B.2.2.4 and B.2.2.5 of Part B of the schedule to the Regulations are replaced by the following:
- B.2.2.4 Filament winding machines and related equipment, as follows, and specially designed software for those machines and related equipment:
- (a) filament-winding machines having all of the following characteristics:
- (1) motions for positioning, wrapping and winding fibres coordinated and programmed in two or more axes;
- (2) specially designed to fabricate composite structures or laminates from fibrous or filamentary materials; and
- (3) capable of winding cylindrical tubes with an internal diameter between 75 mm and 650 mm and lengths of 300 mm or greater;
- (b) coordinating and programming controls for the filament-winding machines specified in paragraph (a);
- (c) precision mandrels for the filament-winding machines specified in paragraph (a); and
- (d) specially designed software for the filament-winding machines specified in paragraph (a).
- (a) filament-winding machines having all of the following characteristics:
- B.2.2.5 Frequency changers (also known as converters or inverters) or generators usable as a variable frequency or fixed frequency motor drive, and related software:
- (a) frequency changers or generators having all of the following characteristics;
- (1) multiphase output capable of providing a power of 40 VA or greater;
- (2) operating at a frequency of 600 Hz or greater;
- (3) frequency control better (less) than 0.2%; and;
- (b) software, as the case may be
- (1) specially designed for the use of equipment specified in paragraphs (a)(1) to (3);
- (2) having encryption keys or codes specially designed to enhance or release the performance characteristics of equipment not included in paragraphs (a)(1) to (3) so that it meets or exceeds the characteristics specified in those paragraphs; or
- (3) specially designed to enhance or release the performance characteristics of the equipment.
- NOTE
- Paragraph B.2.2.5 includes frequency changers intended for specific industrial machinery or consumer goods (machine tools, vehicles, etc.) if the frequency changers can meet the characteristics above when removed.
- (a) frequency changers or generators having all of the following characteristics;
58 (1) Paragraph B.2.2.6(a) of Part B of the schedule to the Regulations is replaced by the following:
- (a) copper vapour lasers with 30 W or greater average output power operating at wavelengths between 500 nm and 600 nm;
(2) Paragraph B.2.2.6(c)(2) of Part B of the schedule to the Regulations is replaced by the following:
- (2) frequency doubling incorporated to give an output wavelength between 500 nm and 550 nm with an average output power of greater than 40 W;
(3) Paragraph B.2.2.6 of Part B of the schedule to the Regulations is amended by striking out “and” at the end of paragraph (h), by adding “and” at the end of paragraph (i) and by adding the following after paragraph (i):
- (j) pulsed carbon monoxide lasers having all of the following characteristics:
- (1) operating at wavelengths between 5 000 nm and 6 000 nm;
- (2) an average output power greater than 200 W;
- (3) a repetition rate greater than 250 Hz; and
- (4) pulse width of less than 200 ns.
59 (1) The portion of paragraph B.2.2.7 of Part B of the schedule to the Regulations before paragraph (a) is replaced by the following:
- B.2.2.7 Mass spectrometers capable of measuring ions of 230 atomic mass units or greater with a resolution of better than 2 parts in 230, and one of the following characteristics:
(2) Paragraphs B.2.2.7(d) to (f) of Part B of the schedule to the Regulations are replaced by the following:
- (d) electron bombardment mass spectrometers having both of the following characteristics:
- (1) a molecular beam inlet system that injects a collimated beam of analyte molecules into a region of the ion source where the molecules are ionized by an electron beam; and
- (2) one or more cold traps that can be cooled to a temperature of 193 K (−80°C) or less in order to trap analyte molecules that are not ionized by the electron beam; and
- (e) mass spectrometers equipped with a microfluorination ion source designed for actinides or actinide fluorides.
60 The portion of paragraph B.2.2.8 of Part B of the schedule to the Regulations before the note is replaced by the following:
- B.2.2.8 All types of pressure transducers capable of measuring absolute pressure and having the following characteristics:
- (a) pressure sensing elements made of or protected by aluminium, aluminium alloy, aluminium oxide (alumina or sapphire), nickel or nickel alloys containing more than 60% nickel by weight, or fully fluorinated hydrocarbon polymers;
- (b) seals, if any, essential for sealing the pressure sensing element, and in direct contact with the process medium, made of or protected by aluminium, aluminium alloy, aluminium oxide (alumina or sapphire), nickel or nickel alloys containing more than 60% nickel by weight, or fully fluorinated hydrocarbon polymers;
- (c) either of the following characteristics:
- (1) a full scale of less than 13 kPa and an accuracy of better than ±1% of full scale; or
- (2) a full scale of 13 kPa or greater and an accuracy of better than ±130 Pa when measuring at 13 kPa.
61 Part B of the schedule to the Regulations is amended by adding the following after paragraph B.2.2.14:
- B.2.2.15 Bellows-sealed scroll-type compressors and bellows-sealed scroll-type vacuum pumps having all of the following characteristics:
- (a) capable of an inlet volume flow rate of 50 m3/h or greater;
- (b) capable of a pressure ratio of 2:1 or greater; and
- (c) having all surfaces that come in contact with the process gas made from any of the following materials:
- (1) aluminium or aluminium alloy;
- (2) aluminium oxide;
- (3) stainless steel;
- (4) nickel or nickel alloy;
- (5) phosphor bronze; or
- (6) fluoropolymers.
- NOTES
- 1 In a scroll-type compressor or vacuum pump, crescent-shaped pockets of gas are trapped between one or more pairs of intermeshed spiral vanes, or scrolls, one of which moves while the other remains stationary. The moving scroll orbits the stationary scroll and does not rotate. As the moving scroll orbits the stationary scroll, the gas pockets diminish in size (i.e., they are compressed) as they move toward the outlet port of the machine.
- 2 In a bellows-sealed scroll-type compressor or vacuum pump, the process gas is totally isolated from the lubricated parts of the pump and from the external atmosphere by a metal bellows. One end of the bellows is attached to the moving scroll and the other end is attached to the stationary housing of the pump.
- 3 Fluoropolymers include, but are not limited to, the following materials:
- (a) polytetrafluoroethylene (PTFE);
- (b) fluorinated ethylene propylene (FEP);
- (c) perfluoroalkoxy (PFA);
- (d) polychlorotrifluoroethylene (PCTFE); and
- (e) vinylidene fluoride-hexafluoropropylene copolymer.
62 Paragraphs B.2.3.3 to B.2.3.5 of Part B of the schedule to the Regulations are replaced by the following:
- B.2.3.4 Hydrogen-cryogenic distillation columns having all of the following characteristics:
- (a) designed for operation at internal temperatures of 35 K (−238ºC) or less;
- (b) designed for operation at internal pressures of 0.5 MPa to 5 MPa;
- (c) constructed of either
- (1) stainless steels of SAE 300 series with low sulfur content and an austenitic ASTM (or equivalent standard) grain size number of 5 or greater; or
- (2) equivalent materials that are both cryogenic and H2-compatible; and
- (d) having internal diameters of 30 cm or greater and effective lengths of 4 m or greater.
63 Paragraphs B.2.4.2 to B.2.4.4 of Part B of the schedule to the Regulations are replaced by the following:
- B.2.4.2 High-velocity gun systems (propellant, gas, coil, electromagnetic, and electrothermal types, and other advanced systems) capable of accelerating projectiles to 1.5 km/s or greater.
- NOTE
- Paragraph B.2.4.2 does not control guns specially designed for high-velocity weapon systems.
- B.2.4.3 High-speed cameras and imaging devices, and components for those cameras or devices, as follows:
- (a) streak cameras, and specially designed components for those cameras, as follows:
- (1) streak cameras with writing speeds greater than 0.5 mm/µs;
- (2) electronic streak cameras capable of 50 ns or less time resolution;
- (3) streak tubes for cameras specified in paragraph (2);
- (4) plug-ins specially designed for use with streak cameras having modular structures and that enable the performance specifications set out in paragraphs (1) and (2); and
- (5) synchronizing electronic units, and their rotor assemblies consisting of turbines, mirrors and bearings, specially designed for cameras specified in paragraph (1);
- (b) framing cameras, and specially designed components for those cameras, as follows:
- (1) framing cameras with recording rates greater than 225 000 frames per second;
- (2) framing cameras capable of 50 ns or less frame exposure time;
- (3) framing tubes and solid-state imaging devices having a fast image gating (shutter) time of 50 ns or less specifically designed for cameras specified in paragraphs (1) and (2);
- (4) plug-ins specially designed for use with framing cameras having modular structures and that enable the performance specifications set out in paragraphs (1) and (2); and
- (5) synchronizing electronic units, and their rotor assemblies consisting of turbines, mirrors and bearings, specially designed for cameras specified in paragraphs (1) and (2); and
- (c) solid-state or electron tube cameras and specially designed components for those cameras, as follows:
- (1) solid-state cameras or electron tube cameras, with a fast-image gating (shutter) time of 50 ns or less;
- (2) solid-state imaging devices and image intensifier tubes having a fast-image gating (shutter) time of 50 ns or less specially designed for cameras specified in paragraph (1);
- (3) electro-optical shutters (Kerr or Pockels cells) with a fast-image gating (shutter) time of 50 ns or less; and
- (4) plug-ins specially designed for use with cameras having modular structures and that enable the performance specifications set out in paragraph (1).
- (a) streak cameras, and specially designed components for those cameras, as follows:
64 Paragraph B.2.4.5 of Part B of the schedule to the Regulations is replaced by the following:
- B.2.4.5 Specialized instrumentation for hydrodynamic experiments, as follows:
- (a) velocity interferometers for measuring velocities exceeding 1 km/s during time intervals of less than 10 µs;
- (b) shock pressure gauges capable of measuring pressures greater than 10 GPa, including gauges made with manganin, ytterbium and polyvinylidene fluoride (PVDF) or polyvinyl difluoride (PVF2); and
- (c) quartz pressure transducers for pressures greater than 10 GPa.
- NOTE
- Paragraph B.2.4.5(a) includes velocity interferometers such as velocity interferometer systems for any reflector (VISARs), Doppler laser interferometers (DLIs) and photonic Doppler velocimeters (PDVs), also known as heterodyne velocimeters (Het-V).
- B.2.4.6 High-explosive containment vessels, chambers, containers and other similar containment devices designed for the testing of high explosives or explosive devices and having both of the following characteristics:
- (a) designed to fully contain an explosion equivalent to 2 kg of trinitrotoluene (TNT) or greater; and
- (b) having design elements or features enabling real-time or delayed transfer of diagnostic or measurement information.
65 Paragraphs B.2.5.3 and B.2.5.4 of Part B of the schedule to the Regulations are replaced by the following:
- B.2.5.3 Firing sets and equivalent high-current pulse generators, as follows:
- (a) detonator firing sets (initiation systems, firesets), including electronically charged, explosively driven and optically driven firing sets designed to drive multiple controlled detonators specified in paragraph B.2.5.1;
- (b) modular electrical pulse generators (pulsers) having all of the following characteristics:
- (1) capable of delivering their energy in less than 15 µs into loads of less than 40 Ω;
- (2) having an output greater than 100 A;
- (3) designed for portable, mobile or ruggedized use;
- (4) having no dimension greater than 30 cm;
- (5) weighing less than 30 kg; and
- (6) specified to operate over an extended temperature range from 223 K to 373 K (−50°C to 100°C) or specified as suitable for aerospace applications; and
- (c) micro-firing units having all of the following characteristics:
- (1) no dimension greater than 35 mm;
- (2) voltage rating of equal to or greater than 1 kV;
- (3) capacitance of equal to or greater than 100 nF.
- NOTE
- Optically driven firing sets include both those employing laser initiation and laser charging. Explosively driven firing sets include both explosive ferroelectric and explosive ferromagnetic firing set types. Paragraph B.2.5.3(b) includes xenon flashlamp drivers.
- B.2.5.4 High explosive substances or mixtures containing more than 2% by weight of any of the following:
- (a) cyclotetramethylenetetranitramine (HMX) (CAS 2691-41-0);
- (b) cyclotrimethylenetrinitramine (RDX) (CAS 121-82-4);
- (c) triaminotrinitrobenzene (TATB) (CAS 3058-38-6);
- (d) aminodinitrobenzo-furoxan or 7-amino-4,6 nitrobenzofurazane-1-oxide (ADNBF) (CAS 97096-78-1);
- (e) 1,1-diamino-2,2-dinitroethylene (DADE or FOX7) (CAS 145250-81-3);
- (f) 2,4-dinitroimidazole (DNI) (CAS 5213-49-0);
- (g) diaminoazoxyfurazan (DAAOF or DAAF) (CAS 78644-89-0);
- (h) diaminotrinitrobenzene (DATB) (CAS 1630-08-6);
- (i) dinitroglycoluril (DNGU or DINGU) (CAS 55510-04-8);
- (j) 2,6-Bis(picrylamino)-3,5-dinitropyridine (PYX) (CAS 38082-89-2);
- (k) 3,3′-diamino-2,2′,4,4′,6,6′-hexanitrobiphenyl or dipicramide (DIPAM) (CAS 17215-44-0);
- (l) diaminoazofurazan (DAAzF) (CAS 78644-90-3);
- (m) 1,4,5,8-tetranitro-pyridazino[4,5-d]pyridazine (TNP) (CAS 229176-04-9);
- (n) hexanitrostilbene (HNS) (CAS 20062-22-0) or;
- (o) any explosive with a crystal density greater than 1.8 g/cmfootnote 3 and having a detonation velocity greater than 8 000 m/s.
- B.2.5.5 Striplines to provide a low inductance path to detonators and having both of the following characteristics:
- (a) voltage rating greater than 2 kV; and
- (b) inductance of less than 20 nH.
66 Paragraph B.2.6.2 of Part B of the schedule to the Regulations is replaced by the following:
- B.2.6.2 High-speed pulse generators and pulse heads with output voltages greater than 6 V into a resistive load of less than 55 Ω and with pulse transition times of less than 500 ps (defined as the time interval between 10% and 90% voltage amplitude).
67 Paragraph B.2.7.1 of Part B of the schedule to the Regulations is replaced by the following:
- B.2.7.1 Neutron generator systems, including tubes, having all of the following characteristics:
- (a) designed for operation without an external vacuum system; and
- (b) utilizing electrostatic acceleration to induce
- (1) a tritium-deuterium nuclear reaction; or
- (2) a deuterium-deuterium nuclear reaction capable of an output of 3 × 109 neutrons/s or greater.
68 The portion of paragraph B.2.7.2(a) of Part B of the schedule to the Regulations before paragraph (1) is replaced by the following:
- (a) remote manipulators that can be used to provide remote actions in radiochemical separation operations or hot cells, as follows:
69 Paragraph B.2.7.3(b)(2) of Part B of the schedule to the Regulations is replaced by the following:
- (2) hydrogen isotope storage or hydrogen isotope purification systems using metal hydrides as the storage or purification medium.
70 Paragraphs B.2.7.5 and B.2.7.6 of Part B of the schedule to the Regulations are replaced by the following:
- B.2.7.5 Lithium isotope separation facilities or plants and systems and equipment for that purpose, as follows:
- (a) facilities or plants for the separation of lithium isotopes;
- (b) equipment for the separation of lithium isotopes based on the lithium-mercury amalgam process, as follows:
- (1) packed liquid-liquid exchange columns specially designed for lithium amalgams;
- (2) mercury and lithium amalgam pumps;
- (3) lithium amalgam electrolysis cells; or
- (4) evaporators for concentrated lithium hydroxide solution;
- (c) ion exchange systems specially designed for lithium isotope separation and specially designed components for those systems; and
- (d) chemical exchange systems (employing crown ethers, cryptands or lariat ethers) specially designed for lithium isotope separation and specially designed components for those systems.
- B.2.7.6 Target assemblies and components for the production of tritium, as follows:
- (a) target assemblies, made of or containing lithium enriched in the lithium-6 isotope, specially designed for the production of tritium through irradiation, including insertion in a nuclear reactor; and
- (b) components specially designed for the target assemblies specified in paragraph (a).
- NOTE
- Components specially designed for target assemblies for the production of tritium may include lithium pellets, tritium getters and specially coated cladding.
- B.2.8 Any equipment not otherwise included in paragraph B.2 if the equipment is intended, or there are reasonable grounds to suspect that it is intended, in whole or in part, for use in connection with the design, development, production, handling, operation, maintenance or storage of nuclear weapons or other nuclear explosive devices.
71 Paragraph B.3.1 of Part B of the schedule to the Regulations is replaced by the following:
- B.3.1 Technology
- Technical data for the design, production, construction, operation or maintenance of any item in this Part, including, but not limited to, blueprints, plans, diagrams, models, formulae, engineering designs and specifications, software, manuals and instructions, except data available to the public (e.g., publications, publicly available websites or that which has been made available without restrictions on its further dissemination).
- NOTE
- Technical data referred to in paragraph B.3.1 is subject to control under both tangible and intangible modes of transfer.
- Technical data for the design, production, construction, operation or maintenance of any item in this Part, including, but not limited to, blueprints, plans, diagrams, models, formulae, engineering designs and specifications, software, manuals and instructions, except data available to the public (e.g., publications, publicly available websites or that which has been made available without restrictions on its further dissemination).
- B.3.2 Any information not otherwise included in paragraph B.3.1 if the information is intended, or there are reasonable grounds to suspect that it is intended, in whole or in part, for use in connection with the design, development, production, handling, operation, maintenance or storage of nuclear weapons or other nuclear explosive devices.
72 Paragraphs A.2.2.3 and A.2.2.4 of Part A of the schedule to the Regulations are amended by replacing “a plant for the reprocessing of irradiated fuel” with “reprocessing plants referred to in paragraph A.2.2”.
73 Part A of the schedule to the Regulations is amended by replacing “MLIS” with “molecular laser isotope separation” in the following provisions:
- (a) paragraphs A.2.4.7.7 to A.2.4.7.9; and
- (b) paragraphs A.2.4.7.11 and A.2.4.7.12.
Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)
| Item | Column 1 Provision |
Column 2 Short-form Description |
Column 3 Category |
|---|---|---|---|
| 42 | 30(3) | Failure to file a report with the Commission on the possession of uranium, plutonium-239 or thorium within the specified time | B |
| 43 | 30(4) | Failure to file a report with the Commission on any inventory change within the specified time | B |
| 44 | 30(6) | Failure to file a report with the Commission on specified activities within the specified time | B |
| 45 | 30(7) | Failure to retain relevant record | A |
| 46 | 30(8) | Failure to continue to retain record for the specified period | A |
| 47 | 30(10) | Failure to consent and submit to verification activities | B |
| Item | Column 1 Provision |
Column 2 Short-form Description |
Column 3 Category |
|---|---|---|---|
| 2 | 3.1 | Failure to retain a record relevant to any import or export under a Commission licence for the specified period | A |
Coming into Force
76 These Regulations come into force on the day on which they are registered.
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