Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Imports, Exports and Safeguards): SOR/2025-196

Canada Gazette, Part II, Volume 159, Number 21

Registration
SOR/2025-196 September 26, 2025

NUCLEAR SAFETY AND CONTROL ACT

P.C. 2025-682 September 25, 2025

The Canadian Nuclear Safety Commission makes 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.

Ottawa, February 12, 2025

Pierre Tremblay
President of the Canadian Nuclear Safety Commission

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, under section 44footnote a of the Nuclear Safety and Control Act footnote b, approves the annexed Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Imports, Exports and Safeguards), made by the Canadian Nuclear Safety Commission.

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 1 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:

(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:

(5) Despite subsections (3) and (4), a person is not required to report on the following:

(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:

(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 2 is replaced by the following:

(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):

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,

5 (1) Paragraph 4(1)(a) of the Regulations is replaced by the following:

(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:

(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)(f) or (i) 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)(i) 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:

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:

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:

(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):

10 Part A of the schedule to the Regulations is amended by adding the following after paragraph A.1.4:

11 Part A of the schedule to the Regulations is amended by adding the following after paragraph A.1.5:

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.

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.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.2.3(a) to (d) of Part A of the schedule to the French version of the Regulations are replaced by the following:

(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):

17 Paragraphs A.2.4.1.1(b) to (e) of Part A of the schedule to the Regulations are replaced by the following:

18 (1) Paragraph A.2.4.1.2(a) of Part A of the schedule to the Regulations is replaced by the following:

(2) Paragraphs A.2.4.1.2(c) to (f) of Part A of the schedule to the Regulations are replaced by the following:

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

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.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.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:

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

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 cm3/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

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.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:

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:

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:

(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:

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:

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:

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).

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:

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:

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:

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:

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:

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:

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:

(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:

(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):

54 Paragraph B.2.1.7(a) of Part B of the schedule to the Regulations is replaced by the following:

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:

56 Paragraphs B.2.2.2(c)(1) to (3) of Part B of the schedule to the Regulations are replaced by the following:

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:

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:

58 (1) Paragraph B.2.2.6(a) of Part B of the schedule to the Regulations is replaced by the following:

(2) Paragraph B.2.2.6(c)(2) of Part B of the schedule to the Regulations is replaced by the following:

(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):

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:

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:

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:

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:

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.

B.2.4.3 High-speed cameras and imaging devices, and components for those cameras or devices, 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:

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:

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:

B.2.5.4 High explosive substances or mixtures containing more than 2% by weight of any of the following:

B.2.5.5 Striplines to provide a low inductance path to detonators and having both of the following characteristics:

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 Î© 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:

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:

69 Paragraph B.2.7.3(b)(2) of Part B of the schedule to the Regulations is replaced by the following:

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:

B.2.7.6 Target assemblies and components for the production of tritium, as follows:

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).

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:

Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)

74 Items 41 and 42 of Part 2 of the schedule to the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) footnote 3 are replaced by the following:
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
75 Item 1 of Part 10 of the schedule to the Regulations is replaced by the following:
Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Category
1 3.1 Failure to retain a record relevant to any import or export under a licence for the specified period A
2 4(3) Failure to submit a written report to the Commission concerning the export of a controlled nuclear substance within the specified period and with the specified information B

Coming into Force

76 (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which they are registered.

(2) Sections 1, 2 and 6 to 74 come into force on the 180th day after the day on which these Regulations are registered.

(3) Sections 3, 4 and 75 come into force on the first anniversary of the day on which these Regulations are registered.

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 updating the General Nuclear Safety and Control Regulations (GNSCR) to add requirements related to safeguards. Specifically, the changes 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 amendments also include lifting the need to present a licence at the border when exporting or importing prescribed information.

The CNSC is also updating 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 ensures Canada’s regulatory framework is aligned with its safeguards agreements and internationally agreed export controls. It also supports 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

(1) GNSCR

Safeguards requirements

Safeguards refers 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 4 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 (e.g. 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 changes to the GNSCR 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 continues 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 informationfootnote 5 should be controlled, based on their risk to contribute to nuclear weapons development (i.e. their proliferation risk), and are updated by the Zangger Committee and NSG regularly.

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 may cause Canada to experience issues, both domestically and internationally, with respect to the movement of controlled nuclear substances, equipment and information.

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. Not having the latest Trigger List and NSG Guidelines in the NNIECR creates 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 unnecessary burden and costs on licensees.

Licensing information

In CNSC’s import/export applications, not all applicant information that would facilitate efficient processing and regulatory oversight is being 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. 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, in accordance with the GNSCR. This can complicate oversight and compliance activities. In addition, the current retention period is misaligned with other domestic statutes (e.g. the Export and Import Permits Act and the Customs Act), which require a longer retention period.

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 the 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

Through the NSCA and its regulations, the CNSC implements Canada’s commitments as a state party to the NPT

The 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 Safeguards 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 in their possession. 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 International 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.

Trigger List and NSG Guidelines

Canada is a Member of the Zangger Committee and a Participating Government of the Nuclear Suppliers Group (NSG):

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 incorporating the lists into their national legislations.

Objective

The objective of the regulatory package 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 goals of these regulations are to

(1) amend the GNSCR to

(2) amend the NNIECR to

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 Regulations] 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

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 amendments do not impact these licensees, but the following are impacted:

Modernize border processes related to prescribed information

The Regulations eliminate the requirement for licensees to present a CNSC licence to customs officers when importing or exporting prescribed information into Canada. Note that a CNSC licence is still required to import and export prescribed information.

(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 has been amended to reflect the Trigger List and NSG Guidelines by

Introduce licence exemptions

The Regulations 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 amendments also no longer require a person to obtain a licence to export or import such items.

Enhanced licensing information

The Regulations require applicants to provide the following additional information as part of licensing:

Harmonize record retention periods

The Regulations 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

(3) Consequential amendments

Consequential amendments have been made to the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) to reference the amended regulations accurately. In addition, the consequential amendments include new administrative monetary penalties (AMPs) for the new requirements in the GNSCR and NNIECR, such as

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 which 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 for 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 Regulations. However, some commenters noted that this requirement may increase regulatory burden on 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 providing 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 nuclear industry stakeholders who did not require a CNSC license, including those who were already reporting on a voluntary basis. Responses indicated that stakeholders understood the need for the CNSC to incorporate these safeguard reporting requirements into regulation, 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.

Additionally, 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

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 held 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 eight 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 amended 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 in the workshops, including nuclear power reactors, uranium and mines, universities, hospitals, provincial and federal 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 certain self-luminous sources or devices from export licensing requirements.

Prepublication in the Canada Gazette, Part I

The Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Imports, Exports and Safeguards) were posted in the Canada Gazette, Part I, from March 30 to June 13, 2024, for 75 days. A total of 44 submissions were received from 12 commenters.

Most of the comments received through the Canada Gazette, Part I, were addressed through discussion with stakeholders and did not necessitate further amendments or were identified as relevant to future policy development.

A summary of each topic follows.

Comments that resulted in a change to the regulatory proposal
Definitions

Commenters sought clarification on multiple definitions as well as the scope of given provisions. In particular, one commenter sought clarification on how to apply the threshold quantity of 200 kg to deuterium and heavy water cited under paragraph 5(2)(f), as well as the threshold quantity of 1 kg to nuclear-grade graphite cited in 10 A.1.4 of the NNIECR.

Minor amendments were made to the NNIECR to clarify how these threshold quantities should be applied, which is on a per-shipment basis. The other requested changes were not made to the Regulations at this time, but will be considered during the development of the regulatory guidance documents. During its public information session on November 21, 2024, the CNSC clarified the intended scope of provisions in the Regulations.

Comments addressed without further changes
Reporting on nuclear material in IAEA equipment

Industry commenters asked that the GNSCR be amended to exempt IAEA safeguards equipment containing nuclear material from the proposed reporting requirements.

The IAEA uses very small quantities of nuclear material in some of their sensing equipment installed at various Canadian nuclear sites. Under the Canada-IAEA agreement, all nuclear material is subject to the agreement and must be safeguarded, that is, accounted for and controlled, regardless of who owns or controls it. This means that nuclear material contained within IAEA safeguards equipment must be subject to the reporting requirements to meet Canada’s obligations.

Following a meeting held on August 12, 2024, with commenters, CNSC staff concluded that the draft regulations, written without any exemption for IAEA equipment, enable Canada to meet its obligations under the Canada-IAEA agreement. For this reason, no further amendments to the regulatory text were made. The responsibility for reporting the nuclear material contained in IAEA equipment will be addressed through implementation. Consideration will be given to reducing the administrative burden associated with reporting.

Excluding rock or ore in a mine/mill processing from safeguards reporting

Commenters asked that the GNSCR more clearly exclude uranium ore within a mining or milling process circuit from the proposed safeguards reporting requirements.

Under the Canada-IAEA Safeguards Agreement (INFCIRC 164), Canada must ensure that safeguards are applied to all source or special fissionable material within its territory, but further clarifies that this does not apply to ore or ore residue, or material in mining or ore processing activities.

Following a meeting held on August 12, 2024, with commenters, CNSC staff were able to clarify that, as written, the draft regulations already provide a reporting exception for “uranium or thorium naturally occurring in soil, rock or ore.” Commenters expressed satisfaction that clarifications would be considered for the next version of REGDOC-2.13.1, Safeguards and Nuclear Material Accountancy. Therefore, no further amendments to the Regulations were made.

Reporting time frame

Commenters were unclear if the time frame for reporting (e.g. one business day for inventory changes) noted under the GNSCR amendments was aligned with the current requirement for licensees identified in REGDOC-2.13.1, Safeguards and Nuclear Material Accountancy. During the information session on November 21, 2024, the CNSC clarified that the one-day reporting requirement that is being added to the GNSCR codifies the CNSC’s existing process.

Import/export exemptions

Commenters expressed support for the introduction of licence exemptions under the NNIECR for items considered to be of very low risk to contribute to nuclear weapons development, citing a range of benefits, including cost savings and administrative efficiencies. Therefore, no further amendments to the regulations were made.

Process documents

Commenters requested the NNIECR be amended to require process documents be submitted only when updated, rather than with every licence application. However, to assess an applicant’s ability to carry out its responsibilities competently, the CNSC requires a complete application with all available information, each time an application is submitted.

As part of implementation and during the development of regulatory guidance documents, the CNSC will determine the level of detail required in the process documents submitted by applicants. In setting its expectations, the CNSC will prioritize the reduction of administrative burden in meeting this requirement.

Record retention

Commenters requested that the proposed NNIECR record retention periods harmonize with other record retention periods under the Nuclear Safety and Control Act (NSCA), its regulations, and relevant standards. Further, commenters requested that the amendment align with CSA N286:12, Management system requirements for nuclear facilities.

The NSCA requires that records be retained “for the prescribed time,” while CSA N286:12, Management system requirements for nuclear facilities, states that “Records shall be retained as specified.” The proposed retention time frame was selected to align with other applicable federal statutes, namely the Export and Import Permits Act and the Customs Act, which the records would already be subject to. Therefore, no further amendments to the regulations were made.

Comments relevant to future policy development
Original equipment manufacturers

Commenters asked that a licensing exemption be added to the NNIECR for the export of controlled nuclear information to original equipment manufacturers for the procurement of replacement parts and components.

Such an exemption to the NNIECR would represent a significant change to the proposed regulations and an additional time frame would be required to analyze how it could be implemented and its impacts.

For example, implementing such an exemption could potentially impact Global Affairs Canada’s (GAC) General Export Permit (GEP) process. Under the current process, GAC provides exporters with the option to use General Export Permit 43 (GEP-43) under certain conditions, one of which is possessing a CNSC licence. If a licensing exemption were provided under the NNIECR for the export of controlled nuclear information related to parts for controlled nuclear equipment (e.g. to an original equipment manufacturer to source replacement parts), exporters would no longer be able to use GEP-43 and would require specific export permits from GAC, negating the efficiency of a licensing exemption under the NNIECR.

No further amendments to the regulations were made, although consideration will be given for this amendment as part of future regulatory development projects.

Pre-screened list

Industry commenters asked that the CNSC create a list of pre-screened, approved manufacturers to support a licensing exemption for the export of controlled nuclear information. Commenters clarified that if the CNSC created and maintained a pre-screened and approved list, this would allow industry to get quotes for replacement or new parts more cost effectively. Commenters pointed to a similar process under the General Export Permits used by Global Affairs Canada. Note that the CNSC does not currently have such a list and did not propose to do so under the regulatory proposal.

All export applications pursuant to the NNIECR are assessed on a case-by-case basis, which includes an assessment of any intermediate consignees, intended end-use and the intended end-users who in this case would be the manufacturers. The information associated with any end-user may change over time and has the potential to result in a different licensing decision for future exports. Issuing a licence to export information to a specific end-user once does not guarantee the issuance of a licence for future applications.

Such an exemption to the NNIECR would represent a significant change to the Regulations and additional time would be required to analyze how it could be implemented and its impacts. For this reason, no further amendments to the regulations were made, although consideration will be given for this suggestion as part of future regulatory development projects.

Travel with encrypted devices

Commenters asked that a licence exemption be added to the NNIECR should a person travel outside Canada with an encrypted electronic device that contains controlled nuclear information. Under the current NNIECR, a person would require an export licence issued by the Commission even if the individual was not intending to share or transfer the controlled information. Furthermore, commenters proposed that the CNSC develop a pre-approved list of countries where the licence exemption would apply in this circumstance to allow a person to travel with an encrypted electronic device and/or to access controlled nuclear information while in the pre-approved countries.

The CNSC licenses the export of controlled nuclear information to assess how the technology being exported is classified under the NNIECR, as well as how it will be used outside of Canada. This assessment determines the applicability of certain international commitments (e.g. Canada’s commitments to the Zangger Committee and the Nuclear Suppliers Group), as well as further bilateral controls (e.g. pursuant to Canada’s nuclear non-proliferation policy and nuclear cooperation agreements).

Providing a blanket exemption would remove visibility on what countries this information travels to. Therefore, there is the possibility that information could be taken to a country of concern, where there is legal authority to take such devices and access their contents.

Such an exemption to the NNIECR would represent a significant change to the Regulations and additional time would be required to analyze how it could be implemented and its impacts. No further amendments to the regulations were made, although consideration will be given for this suggestion as part of future regulatory development projects.

Proposed amendments to guidance documents

At the same time as this regulatory proposal was prepublished in the Canada Gazette, Part I, two discussion papers associated with the regulatory amendments were posted for comment on the CNSC’s online consultation platform, Let’s Talk Nuclear Safety. Discussion papers DIS-24-02, Proposal to amend REGDOC-2.13.2, Import and Export, and DIS-24-03, Proposal to amend REGDOC-2.13.1, Safeguards and Nuclear Material Accountancy, highlighted potential changes to regulatory guidance documents stemming from the regulatory proposal, in addition to other potential amendments.

Indigenous engagement, consultation and modern treaty obligations

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 Indigenous Nations and communities, the CNSC reached out prior to publication in Canada Gazette, Part I, 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 amendments to the Regulations were received.

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 amendments to the GNSCR and NNIECR 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 result in costs to licensees, non-licensees and the CNSC, the Regulations represent a total net benefit of $2.3 million.

The cost-benefit analysis (CBA) for this Regulation presented a challenge, since updates to the GNSCR and NNIECR impact different stakeholders. The CNSC has conducted extensive outreach activities for this proposal to ensure that those non-licensees who possess nuclear material or perform activities captured by these amendments and 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 of 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 $91/hour for licensees or non-licensees and $63/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,

Many CNSC licensees are not impacted by the amendments under the GNSCR since they already meet the regulatory requirements related to safeguards. However, for the GNSCR, it is expected that 25 (not 45, as it was reported in Canada Gazette, Part I) small licensees and non-licensees will 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 are approximately 300 small licensees that will need to develop and submit their import/export processes, which will present a minimal one-time cost. Approximately 75 small, medium, and large licensees will benefit from the new licence exemptions related to nuclear substances that pose a low risk to contribute to nuclear weapons development. No impacts are expected for the new record retention period.

GNSCR
Costs to industry

The updates to the GNSCR will impose a total cost of $193,864 (present value) on small licensees and non-licensees.

The development and submission of an annual report on nuclear material will affect approximately 25 licensees and non-licensees and is expected to take up to 10 hours in the first year and 2 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 25 small licensees and non-licensees and take approximately one hour to produce each report.

Approximately 25 small licensees and non-licensees conduct nuclear fuel cycle-related research and development activities and they will 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 five small licensees or non-licensees per year. It will 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 $5,455 per year.

Benefits to industry

The removal of the requirement to present a CNSC license to a customs officer does not result in either a cost or a saving.

NNIECR
Costs to industry

The requirement to develop and submit the import and export processes affects approximately 300 smaller licensees and represents a one-time cost of $170,464 in the first year (present value cost of $159,313) after the amendments come into force.

The additional record-keeping requirement does 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 is designed to 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. The amendments also help ensure that licensees document their processes and are compliant with regulations.

The exemptions in the NNIECR, for which a licence is no longer required for items deemed to be of low proliferation significance, affect approximately 75 small, medium and large licensees and represents savings of $1.4 million (present value) to the industry.

Government impacts

For the GNSCR, there is a cost increase of $123,065 (present value) for the government:

There is 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 still need to obtain a licence from the CNSC and therefore CNSC staff still need to assess the applications and conduct verification activities (e.g. verify records of these types of import/export).

For the NNIECR, there is a cost increase of $95,397 (present value) to the government for assessing the import/export processes of licensees that have not already been submitted in the past. The amendment also results in government savings of $1,063,036 (present value), which is attributed to the CNSC no longer needing to review and process licence applications, issue licences and conduct oversight activities for exempted low-proliferation nuclear substances, equipment and information.

Cost-benefit statement
Table 1: Monetized costs
Impacted stakeholder Description of cost 2025 2029 2034 Total (present value) Annualized value
Industry Reporting activities (GNSCR) $50,684 $28,070 $28,070 $193,864 $27,602
Reporting activities (NNIECR) $0 $5,455 $5,455 $188,618 $26,855
Government Administration (GNSCR) $22,323 $18,873 $18,873 $123,065 $17,522
Administration (NNIECR) $36,163 $11,416 $11,416 $95,397 $13,582
All stakeholders Total costs $109,170 $63,814 $63,814 $600,944 $85,561
Table 2: Monetized benefits
Impacted stakeholder Description of benefits 2025 2029 2034 Total (present value) Annualized value
Industry Reduced Reporting activities (NNIECR) $248,651 $262,515 $265,015 $1,851,735 $263,650
Gouvernment Reduced Administration (NNIECR) $146,356 $146,356 $146,356 $1,063,036 $151,355
All stakeholders Total benefits $395,007 $408,871 $411,371 $2,914,771 $415,005
Table 3: Summary of monetized costs and benefits
Impacts 2025 2029 2034 Total (present value) Annualized value
Total costs $73,007 $63,814 $63,814 $600,944 $85,561
Total benefits $395,007 $408,871 $411,371 $2,914,771 $415,005
Net impact $324,000 $345,057 $347,557 $2,313,827 $329,444
Qualitative impacts

Qualitative benefits will result from the 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 amendments to the NNIECR align Canada’s approach to import and export more closely with international partners that are part of the Zangger Committee and the NSG. The amendments also contribute to aligning domestic legislation, removing obstacles for importers/exporters and reducing confusion when conducting import/export activities.

Small business lens

The amendments to both regulations are estimated to represent a net cost of $255,446 (present value) [annualized $36,370]) for small businesses. The total net cost per small business is estimated at $3,422 (annualized $487). 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 reporting requirements (which includes inspections) in the GNSCR impose a present value cost of $193,865 ($27,602 annualized) to 25 small licensees and non-licensees. It is anticipated that most of the costs 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 will 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 the amendments and understand Canada’s safeguards commitments with the IAEA.

NNIECR

The new requirement to submit the import/export processes when submitting a licence application will affect approximately 300 smaller licensees and will result in a one-time cost of $188,618 (present value), or $26,855 (annualized).

Approximately 23 small businesses that import or export items deemed to be of low proliferation significance will benefit from a total present value cost savings of $127,037 (present value) for an annualized savings, or $18,088 (annualized).

Small business lens summary
Table 4: Compliance costs
Activity Annualized value Present value
Total compliance cost $0 $0
Table 5: Administrative costs
Activity Annualized value Present value
Administrative cost (GNSCR) $27,602 $193,865
Administrative cost (NNIECR) $26,855 $188,618
Administrative cost savings ($18,087) ($127,034)
Net administrative cost $36,370 $255,449

One-for-one rule

The regulatory analysis above is for the combined impact of two sets of regulatory amendments. Each of the amended regulations will result in changes to administrative burden on business which triggers the application of the one-for-one rule. Under the one-for-one rule, implications for each need to be disaggregated as below.

Reported values are estimated using the same assumptions as 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 will be an incremental increase in administrative burden on business, and the amendment is considered a “burden in” under the rule. No regulatory titles will be repealed or introduced.

The amendments to the GNSCR impose annualized administrative costs of $10,159, or $406 per business.

NNIECR

The one-for-one rule applies since there is an incremental decrease in administrative burden on business and the amendment is considered a “burden out” under the rule. No regulatory titles are being repealed or introduced.

The amendments to the NNIECR will result in annualized administrative cost savings of $76,118, or $202 per business.

Regulatory cooperation and alignment

The amendments harmonize domestic regulations with the items already listed on the Export Control List and the new record-keeping requirements are consistent with those already set out in the Export and Import Permits Act and 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 being amended in 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 and NSG signatories have been keeping their regulations up to date.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No impacts based on gender and other identity factors have been identified.

Implementation, compliance and enforcement, and service standards

Implementation

The regulations will come into force after they are published in the Canada Gazette, Part II, as follows:
Timing Applicable sections Description Rationale
On registration 5 Section 5 contains new licence exemptions under the NNIECR. An immediate coming into force of these provisions will facilitate trade for Canadian businesses by alleviating export and import control requirements on items that are deemed to have a low proliferation risk.
Six months after registration 1-2, 6-73, 74
  • Sections 1-2 contain the new safeguards requirements under the GNSCR.
  • Sections 6-73 are the updated export control list items.
  • Section 74 contains administrative monetary penalties associated with the new GNSCR requirements.

The six months will be used to further engage with and educate impacted licensees and non-licensees. For sections 6-73, the six months will allow CNSC to inform Canadian industry about the changes to the NNIECR schedule and for industry to apply for and obtain export/import licences for affected items.

Ensuring that all new elements of the Regulations are in force at the same time as the relevant administrative monetary penalty comes into force allows for the implementation of the regulatory amendments to align with the CNSC’s enforcement policy.
One year after registration 3-4, 75
  • Sections 3-4 contain the new requirements under the NNIECR that enhance the licensing process and harmonize record retention periods with other federal statutes.
  • Section 75 contains administrative monetary penalties associated with the new requirements under the NNIECR.

For sections 3-4, the 1-year period provides the time to develop clear regulatory guidance to ensure applicants understand the CNSC’s expectations on written procedures and give licence holders time to ensure that their record retention procedures are up to date.

Ensuring that all new elements of the Regulations are in force at the same time as the relevant administrative monetary penalty comes into force allows for the implementation of the regulatory amendments to align with the CNSC’s enforcement policy.

The CNSC will organize outreach and educational sessions with licensees and non-licensees to ensure that the regulatory amendments are well understood. The CNSC will also work with affected parties to coordinate the implementation of the regulations. This includes engaging with affected parties on the planned updates to the associated regulatory guidance documents.

Compliance and enforcement

In addition to the planned stakeholder outreach, the CNSC will use a mix of activities to encourage compliance, verification activities to assess the actual level of compliance and, if necessary, graduated enforcement actions in cases of non-compliance.

The CNSC’s graduated approach to enforcement encourages and compels compliance while deterring any future non-compliance. When non-compliance (or continued non-compliance) has been identified, CNSC staff assess the significance of non-compliance and determine the appropriate enforcement action, based on the CNSC’s graduated approach to enforcement. Each enforcement action is a discrete and independent response to non-compliance.

More information is available in the CNSC’s enforcement policy.

Contact

Sarah Graham
Acting Director
Regulatory Framework Division
Canadian Nuclear Safety Commission
280 Slater Street
P.O. Box 1046, Station B
Ottawa, Ontario
K1P 5S9
Email: Consultation@cnsc-ccsn.gc.ca