Vol. 132, No. 41 — October 10, 1998

General Nuclear Safety and Control Regulations

Statutory Authority

Nuclear Safety and Control Act

Sponsoring Agency

Atomic Energy Control Board

REGULATORY IMPACT
ANALYSIS STATEMENT

1. Description

All nuclear activities in Canada are regulated by the Atomic Energy Control Board (AECB) under the Atomic Energy Control Act (AEC Act) of 1946. This legislation is out of date in many significant areas and to correct the situation, Parliament passed the Nuclear Safety and Control Act (NSC Act) on March 20, 1997. This new legislation is intended to come into force as soon as the existing regulatory requirements are replaced by new regulations that are based on the powers set out in the NSC Act. This will allow continuation of the regulatory system that is currently in place and enforced by the AECB. Under the provisions of the NSC Act, the AECB will be replaced by the Canadian Nuclear Safety Commission (the Commission) and, with the exception of the ex officio position on the Board, the members and staff of the AECB will become the members and staff of the Commission.

In order to simplify the transition from the current regulatory system to the new regulatory system under the NSC Act, the AECB has minimized the number of substantive changes in the new regulations. For the most part, the new regulations consist of the requirements that currently exist in the AEC Act, regulations or licence conditions, but in a format compatible with the new Act (NSC Act). These unchanged requirements are not discussed in this document. Some new regulatory requirements have been added and these are described in detail below.

Under the AEC Act, the technical requirements are specified in the Atomic Energy Control Regulations, the Transport Packaging of Radioactive Materials Regulations and the Uranium and Thorium Mining Regulations. Under the NSC Act, these requirements are specified in nine regulations, each of which is described separately in section 3 below. Where substantive changes are made, the alternatives and cost-benefits of the changes are described under the specific regulation. Consultation and compliance issues that are common to all of the new regulations, are addressed in sections 5 and 6, rather than under each separate regulation.

2. Alternatives to New Regulations

The new regulations consist primarily of the requirements that currently exist under the present regulatory scheme. Since the nuclear regulatory control system must function after the transition from the AEC Act to the NSC Act, new compatible regulations must be issued simultaneously with the introduction of the new NSC Act. Therefore, it is considered that there are no alternatives to passage of new regulations.

3. Regulatory Initiatives

This section describes the significant new requirements of the regulations. In order to assist in understanding the changes, they are explained in detail below.

3.1 General Nuclear Safety and Control Regulations

The General Nuclear Safety and Control Regulations consist of the current regulatory requirements contained in the AEC Regulations and licence conditions. As authorized by the NSC Act, a requirement to provide information on financial guarantees has been added.

3.1.1 Financial Guarantees

Under the current regime, some licensees have not set aside funds for decommissioning and waste disposal and as a result, the financial burden has fallen upon the taxpayers. To address this, subsection 24(5) of the NSC Act provides the Commission with the authority to include a licence condition requiring financial guarantees in a form that is acceptable to the Commission. The financial guarantees section of the Act is being implemented by requiring licence applicants to describe their financial guarantees and their plans for decommissioning at the end of the life of the nuclear facility.

The Regulations permit substantial flexibility in the ways that licensees can meet the financial requirements and options acceptable to the Commission will be described in a guidance document.

(a) Alternatives to Financial Guarantees

It was clearly the intent of Parliament to require financial guarantees, and consequently, the consideration of alternatives does not apply.

(b) Costs

Financial guarantees are already required under the Uranium and Thorium Mining Regulations and acceptable arrangements have been completed for most uranium mines. Therefore, no additional costs will result for these licensees. The AECB is working with other federal and provincial departments to develop a broad policy on decommissioning and financial guarantees. This policy will be circulated for public comments before it is finalized and until this is done, no cost estimates can be given.

(c) Benefits

Requiring financial guarantees will significantly reduce the risk that taxpayers will eventually have to pay the decommissioning costs.

3.2 Radiation Protection Regulations

With the exception of new dose limits and action levels, the Radiation Protection Regulations represent current regulatory requirements.

3.2.1 New Dose Limits

The dose limits in most countries are based on the recommendations of the International Commission on Radiation Protection (ICRP). Based upon the most recent data on the effects of radiation, the ICRP recommended lowering the dose limits in 1991 as follows:

— for nuclear energy workers, from 50 mSv/year to 100 mSv for five years (i.e., an average of 20 mSv/year);

— for pregnant nuclear energy workers, from 10 to 2 mSv; and

— for members of the public, from 5 to 1 mSv/year.

The new regulations reflect these recommendations except for pregnant workers.

(a) Alternatives to New Dose Limits

Shortly after the ICRP released its recommendations, the AECB published a Consultative Document (C-122) which contained proposals for implementing the ICRP recommendations. Based upon the comments, it was clear that the dose for pregnant workers required special consideration since it was a significant decrease from existing practice and it could affect employment opportunities for females in the nuclear industry. Public meetings were arranged to discuss the issues and a total of 338 persons attended the eight public meetings that were held across the country. Based upon these consultations and a thorough review of the risks of radiation, the maximum effective dose to the worker during the period of the pregnancy was set at 4 mSv in the new regulations. The new regulations also require licensees to take any measures that do not constitute undue hardship to the licensee, to continue to employ the pregnant worker and meet the dose limit. In 1997, the ICRP also recognized the possibility of employment discrimination and as a result, stated that their recommended dose limit for pregnant workers should not be interpreted too rigidly.

The ICRP recommendations are becoming the world standard for radiation exposure and Canadians are entitled to the same level of protection provided in other countries. These values represent a risk level that is recognized as "acceptably low" by the international scientific community and there is no sound rationale to adopt different limits, with the exception of the pregnant worker limit which is explained above.

(b) Costs

The proposal to reduce the dose limits for workers has been under discussion since the publication of AECB consultative document C-122 in 1991. This document proposed a maximum of 20 mSv/year to avoid problems associated with averaging. In the same year, an AECB-funded study by Price-Waterhouse concluded the costs associated with this lower limit would be very significant, increasing overall costs by approximately 17 percent for reactor operations and 4 percent for mining operations. Since then, a number of changes have occurred that have convinced the AECB that the flexibility of the ICRP's five-year limit should be introduced in Canada. These changes include modification of the National Dose Registry to accommodate averaging and reductions in the average exposure of Canadian workers.

In 1997, Health Canada reported that for the five-year period ending in 1995, no nuclear worker at a reactor site exceeded 100 mSv. Therefore, the new dose limit should have no significant effect on reactor operations or costs. For the uranium mining industry during the same five-year period, 72 underground miners and support workers from a total of 1 485 in these categories exceeded 100 mSv by an average of 22 percent. During the 10-year period ending in 1995, the average dose for these categories has decreased by approximately 4 percent per year and, if this trend continues, the excess should be eliminated by the year 2000.

For both reactor and mining licensees, some new costs will be associated with increased surveillance caused by the new dose limits and averaging. Some greater attention will need to be paid to work scheduling and dose monitoring to reduce exposures, but the total cost is estimated to be less than $100,000 for each of these industries.

For industrial radiographers, 37 workers from a total of 3 444 exceeded 100 mSv during the same five-year period. For the 37 workers, the average dose must be decreased by 40 percent using a combination of retraining, better supervision, rearranged workloads, and better use of time, distance and shielding. Reducing the dose of 1 percent of the workers in this industry by an average of 40 percent should not increase costs by more than $200,000.

With very few exceptions, such as the families of some nuclear medicine patients, members of the public are not being exposed to levels in excess of 1 mSv/year. More workers will be classified as Nuclear Energy Workers, but most licensees are currently measuring the doses and providing suitable training for staff receiving between 1 and 5 mSv/year, so the cost associated with the reduced public dose limit should not be significant.

(c) Benefits

The basic benefit from lower dose limits is the reduced risk to workers and members of the public from radiation resulting from the nuclear industry. This will make Canada's dose limits consistent with international standards and further reduce the risk of cancer and genetic effects.

3.2.2 Action Levels

Action levels are designed to alert licensees before regulatory limits are reached. In particular, an action level is a specific dose or other parameter which, if exceeded, may indicate a loss of control of part of the radiation or environmental protection program. The General Nuclear Safety and Control Regulations require applicants to submit information on any action levels they use and if an action level is referred to in a licence, the Radiation Protection Regulations require the licensee to investigate, take appropriate actions and notify the Commission when an action level is exceeded.

(a) Alternatives to Action Levels

The alternative to action levels is to allow licensees to delay any action until a regulatory limit is reached. This is not considered acceptable in protecting persons and the environment.

(b) Costs

Most licensees already take actions before regulatory limits are reached so no major costs are anticipated. Some additional documentation may be necessary but the associated costs are not thought to be significant.

(c) Benefits

By taking action before regulatory limits are reached, the frequency and severity of non-compliance with regulatory limits will be minimized.

3.3 Class I Nuclear Facilities Regulations

The current Atomic Energy Control Regulations include reactors, particle accelerators, uranium processing plants and waste management facilities in the definition of "nuclear facilities". Since the criteria for licensing these facilities vary significantly, it was decided to separate the group of licensees into two classes of facilities that better reflect their operations.

The Class I Nuclear Facilities Regulations that specify the requirements for major facilities, such as reactors, high energy accelerators and uranium processing plants, consist of the current requirements, with the exception of operator recertification.

3.3.1 Operator Recertification

Under the current regime, operators of nuclear reactors are required to pass examinations administered by the AECB that test the operator's competence to operate nuclear reactors safely. Only exams for initial certification are necessary but licensees are expected to maintain the competence of their staff through regular training. Not all licensees, in the view of the AECB, adequately train their staff to maintain their competence. Consequently, a five-year recertification period is being introduced. Under this new regulation, nuclear reactor operators will need to have continuing training and testing to the same standard as demonstrated for initial certification. Compliance verification will consist of monitoring the licensee's program, rather than having recertification exams given by the Commission.

(a) Alternatives to Operator Recertification

The only alternative to recertification is to continue the present practice of not requiring any reexamination after certification. High standards of performance are expected from operators of nuclear facilities and, as with safety critical jobs in other industries, demonstration that those standards can still be met after many years of operation is considered essential.

(b) Costs

It is estimated that reactor licensees will need to invest about $500,000 in total to develop courses and recertification programs for their nuclear power plant operators. The continued management and conduct of this training is expected to require 2.5 additional staff, for a total cost of $250,000 per year. In addition, two additional staff will be required at the Commission to monitor these requalification programs conducted by the licensees. This cost, which is estimated to be approximately $200,000 per year, will be charged back to the licensees under cost recovery. The incremental operating cost to the industry for this proposed new regulatory requirement is therefore estimated to be $450,000 per year.

(c) Benefits

The safe operation of nuclear facilities in Canada is dependent upon highly trained and competent operators. The initial training and examination programs for these operators are comprehensive to allow the regulator to be satisfied that operators can meet the high standard of performance required to perform their duties. The retraining and recertification programs proposed by this new initiative will provide confidence that operators will maintain their competence as required for the continuous safe operation of the facilities.

3.4 Class II Nuclear Facilities and Prescribed Equipment Regulations

The Class II Nuclear Facilities and Prescribed Equipment Regulations that include low energy accelerators, irradiators and radiation therapy installations, introduce the requirement for servicing licences.

3.4.1 Servicing Licences

Many companies provide technical services to Class II nuclear facility operators and to holders of nuclear substance licences. Many of these services, such as repairs to safety systems, are essential for the safe operation of the nuclear facility or the safe handling of the radioactive material. At present, the AECB has insufficient information about, and no control over, the work these companies perform, the training and qualification of their staff and their quality assurance programs. This regulation proposes to licence these service providers where nuclear safety-related services are concerned.

(a) Alternatives to Servicing Licences

An alternative is to require licensees to develop in-house expertise but this is considered too restrictive for licensees who do not need these services performed frequently. It is also doubtful that the use of in-house expertise would continue to be current when used infrequently. This alternative would also cause a significant loss of business for the servicing companies. It is anticipated that both the servicing companies and the licensees would prefer the proposed regulation to one that requires that all safety-related services be performed by licensee's staff.

The alternative of leaving these essential safety-related services unregulated is not considered acceptable since these services contribute to the safe management of nuclear facilities and materials.

(b) Costs

It is estimated that there are 20 companies that currently provide such services in Canada. The licensing fee for each company is estimated to be $1,500 per year, for a total cost of $30,000 per year. There may be additional costs to meet the minimum safety requirements of the Commission but these cannot be estimated until the Commission reviews their programs.

(c) Benefits

For safety-related activities performed by licensees, the training and qualification of staff and their quality assurance programs are approved and monitored. Where these safety-related activities are contracted out to technical service providers, the same oversight by the Commission will ensure that equivalent standards of safety are being applied.

3.5 Uranium Mines and Mills Regulations

The Uranium Mines and Mills Regulations consist of the requirements currently contained in the Uranium and Thorium Mining Regulations and certain licence conditions.

3.6 Nuclear Substances and Radiation Devices Regulations

The Nuclear Substances and Radiation Devices Regulations consist of the current requirements with the addition of servicing licences described previously in section 3.4.1. The Schedule to the Nuclear Substances and Radiation Devices Regulations contain a list of the quantities of radioactive material below which no licence is required. The present Regulations also contain exemption values called "scheduled quantities" but the proposed values are generally smaller based upon current radiation protection knowledge and the new dose limits.

(a) Alternatives to the Schedule of Exemption Quantities

The schedule of exemption quantities is calculated from models based on assumptions about the hazards and uses of small quantities of nuclear materials. As knowledge and experience grows, these models have been refined to reflect current information. The only alternatives are to ignore the new information and continue to use the 1974 values or adopt one of the set of values used in other countries. The latter has been considered but the AECB believes the other values would not adequately protect Canadians.

(b) Costs

The most significant impact of the new exemption quantities is that some unlicensed calibration sources will require a licence under the new regulations. Most users of such sources already have a licence from the AECB for other activities, so no significant additional costs are anticipated.

(c) Benefits

The revised exemption quantities will reflect improved safety standards that are based on current scientific knowledge.

3.7 Packaging and Transport Regulations

All major countries use the recommendations of the International Atomic Energy Agency (IAEA) to regulate the transport packaging of radioactive materials. The current Canadian requirements are based upon the 1973 IAEA recommendations and the proposed Regulations are based upon the 1985 recommendations, as amended in 1990. Many countries and international organizations have adopted the latter recommendations, so most Canadian exporters and shippers are already in compliance with the packaging requirements. Therefore, the major change is the requirement for carriers to have a radiation protection training program.

3.7.1 Radiation Protection Program for Carriers

Canada has a large and growing use of nuclear materials for research, industrial applications, medicine and export. It is estimated that approximately one million packages are transported in Canada each year. The safety record of this industry is good because of the continued efforts of licensees, the transportation industry and the AECB to improve the packaging and safe handling of nuclear materials. However, as the number of shipments has increased, more drivers and handlers have become involved. The AECB is aware that some of these drivers and handlers do not have adequate knowledge of radiation to protect themselves, the public and the environment under all transportation situations.

(a) Alternatives to Radiation Protection Program for Carriers

Alternatives such as licensing carriers or setting examinations for drivers and handlers were considered to be too costly and too difficult to implement. The best alternative is considered to be requiring the carriers to introduce training programs for their staff. This can be integrated into the general training program for drivers and handlers. Given the growing volume and complexity of transportation activities, and the need to maintain high safety standards, the alternative of no regulation is considered unacceptable. The AECB recognizes that inspection and enforcement will be difficult and is, therefore, planning to work closely with Transport Canada, the provinces and industry associations.

(b) Costs

Most of the major carriers are already licenced to use radioactive materials and thus have radiation protection programs already in place or they provide staff with training in the transportation of all dangerous goods. For the smaller or infrequent carriers, radiation protection training is lacking but it is expected that major shippers or transport associations will cooperate to develop a basic radiation protection program for implementation by all carriers. The technical requirements are not complex and it is estimated that the training should not exceed one-half day per person for approximately 1 000 drivers and handlers. The continuing incremental costs should not be significant because radiation protection can be incorporated into the training provided to new staff. The estimated cost for the transportation industry in Canada to meet this new requirement is $100,000.

(c) Benefits

A recent incident involving contamination of a transportation terminal cost in excess of $1 million to clean up. Improved training would have reduced the significance of this incident and avoidance of one such accident per year would more than recover the total costs of this new initiative.

Better training will reduce the number of incident reports that, upon investigation, are found to be insignificant. Such incidents delay shipments of all types of cargo and cause unnecessary use of resources.

3.8 Nuclear Security Regulations

The AECB believes that the three new security measures described below are necessary at reactor sites in order to bring them up to international standards.

3.8.1 Alarm Assessment System for Protected Areas

Major nuclear facilities in Canada have security systems that are intended to protect them from unauthorized entry. These systems include protected areas and alarm systems. At some sites, a guard is dispatched to investigate the alarm and to report on the cause. This can take some time and the delay in investigating the alarm adds to the response time to address the problem if the alarm is genuine. These new Regulations will require licensees to continuously maintain, and in some cases, install additional surveillance equipment in order to provide accurate and timely alarm assessment.

(a) Alternatives to Alarm Assessment Systems for Protected Areas

One alternative to the proposed assessment system is to trigger the emergency response team on each alarm from the protected area. This would be very expensive in terms of resources. In addition, false alarms would seriously reduce the credibility of the overall security system and reduce the capacity of the response team to deal with a real emergency. Costs might also result from the need to improve the quality of systems to avoid false alarms.

Having a guard investigate the alarm is not acceptable at large sites where the delay in reaching the alarm site can be considerable. This delay would contribute to a serious weakness in the security system since the response team is not normally called into action unless an alarm is confirmed as a real breach of security.

(b) Costs

Since an alarm assessment system is already in place for the affected licensees, and equipment maintenance systems are already established, the initial costs will be limited to the purchase and installation of closed circuit television equipment. These are estimated to be $6,000 for the four licensees affected. Based on the figures supplied by one licensee, the continuing incremental operating costs for maintenance and security guards are estimated at $600,000 per year for all licensees concerned.

(c) Benefits

Maintenance of good security at major nuclear facilities in Canada is crucial to protect Canadian citizens from terrorism and potential sabotage. Canadian security precautions should provide a standard of protection that is consistent with other countries that have similar levels of risk. The alarm assessment system provides a remote means of assessing the cause of an alarm from the protected area and will provide quick assessment of the nature of the alarm, whether it is a serious problem or a false alarm. If the alarm represents a serious threat, the appropriate response will be initiated more quickly. In the case of false alarms, this assessment system will also avoid some wasted resources by security staff who are required to follow up and investigate such false alarms.

3.8.2 Alarm Assessment System for Inner Areas

Only two licensees are authorized to store sensitive nuclear material in a high security installation known as an inner area. When the alarm for these areas is triggered, a security guard is despatched to investigate the cause. The introduction of a surveillance system in the inner area will allow the immediate assessment of the cause of the alarm.

(a) Alternatives to Alarm Assessment System for Inner Areas

The alternatives are identical to those set out for protected areas described above. The material under protection by the security system is useable in nuclear weapons without further significant processing and must be protected to the highest standards. Persons who wish to steal such material will seek the place in the world where the lowest security standards are in place.

This new initiative is the second step of three in the general upgrading of security standards at major nuclear facilities in Canada. This is needed so that Canada can improve its nuclear security standards to that normally found in other similar facilities around the world.

(b) Costs

Based on the cost estimates provided by one licensee, the initial installation costs will be $2,000 and the continuing operating costs will be $190,000 for the two licensees affected.

(c) Benefits

As noted above, the immediate assessment of an alarm from the inner area will allow immediate initiation of response to unlawful activities in the case of a real alarm, and will save resources in the investigation of a false alarm.

3.8.3 Searches at the Perimeter of a Protected Area

Nuclear facilities in Canada are protected by security perimeters that limit access to protected areas. This new regulation will require licensees to search, or otherwise monitor, every person and thing entering and leaving the protected area. The searches can be carried out by technical means and are similar to the standard of security provided at Canadian airports.

This new requirement is the third step in upgrading Canadian nuclear security to the level found at similar facilities around the world. The search procedure will deter potential terrorists and others from carrying weapons or explosives into the protected area. The proposed regulation allows the operator to use non-intrusive technical means such as metal detectors and X-ray machines in carrying out searches.

(a) Alternatives to Searches at the Perimeter of Protected Areas

There is no alternative to the proposed regulation to prevent explosives and weapons from reaching the protected areas of Canadian nuclear facilities. The alternative of not upgrading the controls over the protected areas would leave the security systems at Canadian nuclear facilities below that normally found in similar facilities around the world; this is not considered acceptable at this time.

(b) Costs

One major licensee has estimated that the initial capital cost of purchasing X-ray machines and metal detectors to implement this new requirement in all its facilities will be $305,000. This licensee also estimates that the continuing operating costs will be $1,880,000 per year. Extrapolating these costs to the other sites in Canada suggests that the initial cost for all licensees will be approximately $700,000 and the operating costs will be of the order of $3,000,000 per year.

(c) Benefits

There is a continuing worldwide movement to upgrade the security provisions at major nuclear facilities. This new initiative is part of the Canadian response to ensure that Canadian nuclear security provisions are keeping pace with the rest of the world. Potential terrorists, and others intending to commit malicious acts, will find it more difficult to smuggle guns or explosives into Canadian nuclear facilities or to steal nuclear materials from such facilities.

3.9 Nuclear Non-Proliferation Import and Export Control Regulations

The new Regulations increase the number of items for which import licences are required so that Canada will be in a better position to implement its international obligations with respect to nuclear equipment. Canada imports little such equipment and most companies who would import these items currently have import licences for other reasons so the overall effect of adding items to the list is not considered to be significant.

4. Environmental Impact

There are no negative environmental effects anticipated from the passage of these regulations. The major positive environmental impacts of these regulations are the clearly defined requirements to consider the environment in any licensing action and the regulatory scheme to require financial guarantees for decommissioning. The current Act and regulations make no mention of the environment but the AECB has been including appropriate requirements via licence conditions. The NSC Act, on the other hand, states that one of the objects of the Commission is to "prevent unreasonable risk to the environment". Protecting the environment is therefore mentioned extensively throughout the new regulations.

5. Consultation

The AECB maintains close contact with its licensees and the public by a variety of means including open Board meetings, public meetings and "meet and greet" sessions with Board members and appropriate staff. Regular visits by staff to licensed premises and staff working at the power reactor sites allow for a continuous exchange of information. In addition to this regular dialog with licensees and stakeholders, the AECB undertook general consultations on the new regulations and specific consultations on the new dose limits, transportation requirements and enhanced security requirements.

In order to provide the public and nuclear industry with an indication of the AECB's intentions, and to obtain comments at an early stage of the process, the AECB made draft regulations available soon after the Act was passed. The draft regulations were published on the AECB Web site and paper copies were made available to any person who requested them. Notices were placed in the AECB Reporter and a notice was sent out to approximately 5 000 licensees and persons who have expressed interest in nuclear issues. 463 persons requested copies of the regulations and from these, the AECB received 1 588 comments from 42 individuals or organizations. These comments were analyzed and where appropriate, changes were made to the regulations. A document describing each comment and the AECB's response to the comment is available on the AECB's Web site (www.gc.ca/aecb) and paper copies are available by contacting the AECB. The draft regulations have been improved as a result of these consultations.

5.1 Dose limits

In most countries, dose limits are based directly on the recommendations of the International Commission on Radiation Protection (ICRP). These recommendations are revised from time to time as new information on the effects of radiation becomes available. The most recent recommendations are those set out in ICRP 60 which was issued in 1991. In July 1991, the AECB published consultative document C-122 which contained the basic proposal for reduction of the dose limits. Since then, the AECB has consulted extensively with every section of the nuclear industry and the Canadian public on the issue of adopting ICRP 60 recommendations as the standard for the Canadian dose limits. The AECB has also been working closely with workers and the industry to lower exposures and thus make introduction of the proposed dose limits less of a burden.

In 1992, a series of eight workshops were held across Canada specifically on the topic of dose limits for pregnant workers. The comments of the participants were taken into account in revising the dose limit for pregnant workers to reflect the concerns expressed by the population at risk (refer to section 3.2.1).

The AECB has met with individual and groups of licensees, industry groups, professional organizations, citizen groups and members of the public on this matter. In addition, since the AECB had been clear on its intent to introduce the new dose limits with the transition to the new NSC Act, members of the industry and the public had an opportunity to comment on the effect of the new dose limits during the parliamentary hearings on the introduction of the NSC Act.

5.2 Packaging and Transport Regulations

The AECB has been a major participant in the development of the IAEA recommendations. In developing a position on transportation issues, the AECB has communicated regularly with Transport Canada and the major Canadian shippers. Transport Canada is normally represented at the IAEA meetings and experts from the industry have accompanied AECB staff to several meetings when specific topics are being discussed.

5.3 Nuclear Security Regulations

There are only four licensees who are affected directly by the new initiatives in the Nuclear Security Regulations. Security experts of the AECB have discussed these proposals directly with the security experts of the four affected licensees and the cost figures used in the cost/benefit section above have been obtained primarily from the affected licensees.

6. Compliance and Enforcement

These regulations will be proclaimed under the NSC Act and will be subject to the Compliance and Enforcement Policy of the Commission, which is currently under review. With the introduction of the new initiatives noted above, and the new range of penalties and enforcement powers established in the NSC Act, the new regulatory regime will put greater emphasis on safe operation in the interests of health, safety, security and the environment. In particular, options under the NSC Act that allow the courts to order redress of contamination and other damages as part of the sanction system, are expected to yield valuable new compliance tools.

The Commission will also continue the policy of the AECB to promote compliance through notices, explanatory material, public meetings and seminars. Priority will be placed on the new initiatives noted above.

Detailed compliance verification will continue to be carried out by trained inspectors who will monitor all nuclear activities on the basis of risk and the historical performance of the licensees. Nuclear power plant licensees will continue to have resident inspectors from the Commission working full time on site at their facilities. The NSC Act will give wider and more explicit powers to inspectors, subject to review by the Commission.

Violations can result in an escalating range of actions including warnings, orders by inspectors or designated officers, licence suspension and prosecution. Inspectors will also be able to issue orders to address problems where risks to the safety of persons or the environment are discovered.

7. Contact

Ross Brown, Manager, New Act Implementation Group, Atomic Energy Control Board, 280 Slater Street, P.O. Box 1046, Ottawa, Ontario K1P 5S9, (613) 995-1357 (Telephone), (613) 995-5086 (Facsimile), brown.r@atomcon.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Atomic Energy Control Board proposes that the following Regulations be made by the Canadian Nuclear Safety Commission pursuant to section 44 of the Nuclear Safety and Control Act after that Act comes into force:

1. General Nuclear Safety and Control Regulations

2. Radiation Protection Regulations

3. Class I Nuclear Facilities Regulations

4. Class II Nuclear Facilities and Prescribed Equipment Regulations

5. Uranium Mines and Mills Regulations

6. Nuclear Substances and Radiation Devices Regulations

7. Packaging and Transport Regulations

8. Nuclear Security Regulations

9. Nuclear Non-proliferation Import and Export Control Regulations

Interested persons may make representations concerning the proposed Regulations to the Atomic Energy Control Board before December 1, 1998. All such representations must be addressed to Ross Brown, Manager, New Act Implementation Group, Atomic Energy Control Board, P.O. Box 1046, Postal Station B, Ottawa, Ontario K1P 5S9, (613) 995-5086 (Facsimile), reg@atomcon.gc. ca (Electronic mail), and cite the Canada Gazette, Part I, and the date of publication of this notice.

October 1, 1998

AGNES J. BISHOP, M.D.
President
Atomic Energy Control Board

CANADIAN NUCLEAR SAFETY COMMISSION

GENERAL NUCLEAR SAFETY AND CONTROL REGULATIONS

Table of Contents

INTERPRETATION AND APPLICATION

1. Interpretation

2. Application

LICENCES

3. General Application Requirements

4. Application for Licence to Abandon

5. Application for Renewal of Licence

6. Application for Amendment, Revocation or Replacement of Licence

7. Incorporation of Material in Application

8. Renewal, Suspension, Amendment, Revocation or Replacement of Licence on Commission's Own Motion

EXEMPTIONS

9. Exemptions from Licence Requirement for Inspectors, Designated Officers and Peace Officers

10. Exemption of Naturally Occurring Nuclear Substances

11. Exemption by the Commission

OBLIGATIONS

12. Obligations of Licensees

13. Transfers

14. Notice of Licence

15. Representatives of Applicants and Licensees

16. Publication of Health and Safety Information

17. Obligations of Workers

18. Presentation of Licence to Customs Officer

PRESCRIBED NUCLEAR FACILITIES

19.

PRESCRIBED EQUIPMENT

20.

PRESCRIBED INFORMATION

21. Prescription

22. Exemptions from Licence Requirement

23. Transfer and Disclosure

CONTAMINATION

24. Prescribed Limits

25. Prescribed Public Offices

26. Prescribed Measures

RECORDS AND REPORTS

27. Record of Licence Information

28. Retention and Disposal of Records

29. General Reports

30. Safeguards Reports

31. Report of Deficiency in Record

32. Filing of Reports

INSPECTORS AND DESIGNATED OFFICERS

33. Certificate of Inspector

34. Certificate of Designated Officer

35. Notification and Surrender of Certificate

COMING INTO FORCE

36.

SCHEDULE — CERTIFICATE OF INSPECTOR

GENERAL NUCLEAR SAFETY
AND CONTROL REGULATIONS

INTERPRETATION AND APPLICATION

Interpretation

1. The definitions in this section apply in these Regulations.

"Act" means the Nuclear Safety and Control Act. (Loi)

"brachytherapy machine" means a device that is designed to place, by remote control, a sealed source inside or in contact with a person for therapeutic purposes. (appareil de curiethérapie)

"effective dose" has the meaning assigned to that term by subsection 1(1) of the Radiation Protection Regulations. (dose effective)

"equivalent dose" has the meaning assigned to that term by subsection 1(1) of the Radiation Protection Regulations. (dose équivalente)

"hazardous substance" or "hazardous waste" means a substance or waste, other than a nuclear substance, that is used or produced in the course of carrying on a licensed activity and that may pose a risk to the environment or the health and safety of persons. (substance dangereuse ou déchet dangereux)

"IAEA" means the International Atomic Energy Agency. (AIEA)

"IAEA Agreement" means 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, effective on February 21, 1972; INFCIRC/164; UNTS vol. 814, R. No. 11596. (Accord avec l'AIEA)

"irradiator" means a device that is designed to contain a nuclear substance and to deliver controlled doses of radiation to any target material except persons. (irradiateur)

"licensed activity" means an activity described in any of paragraphs 26(a) to (f) of the Act that a licence authorizes the licensee to carry on. (activité autorisée)

"licensee" means a person who is licensed to carry on an activity described in any of paragraphs 26(a) to (f) of the Act. (titulaire de permis)

"prescribed equipment" means the equipment prescribed by section 20. (équipement réglementé)

"prescribed information" means the information prescribed by section 21. (renseignements réglementés)

"radioactive source teletherapy machine" means a teletherapy machine that is designed to deliver doses of radiation produced by a nuclear substance. (appareil de téléthérapie à source radioactive)

"safeguards" means a verification system that is established in accordance with a safeguards agreement. (garanties)

"safeguards agreement" means

"safeguards equipment" means equipment that is used in accordance with a safeguards agreement. (équipement de garanties)

"teletherapy machine" means a device that is designed to deliver controlled doses of radiation in a collimated beam for therapeutic purposes. (appareil de téléthérapie)

"transit" means the process of being transported through Canada after being imported into and before being exported from Canada, in a situation where the place of initial loading and the final destination are outside Canada. (transit)

"worker" means a person who performs work that is referred to in a licence. (travailleur)

Application

2. These Regulations apply generally for the purposes of the Act.

LICENCES

General Application Requirements

3. (1) An application for a licence shall contain the following information:

(a) the applicant's full name and business address;

(b) the activity to be licensed and its purpose;

(c) the name, maximum quantity and form of any nuclear substance to be encompassed by the licence;

(d) a description of any nuclear facility, prescribed equipment or prescribed information to be encompassed by the licence;

(e) the proposed measures to ensure compliance with the Radiation Protection Regulations and the Nuclear Security Regulations;

(f) any action level that the applicant considers appropriate for the purpose of section 6 of the Radiation Protection Regulations;

(g) the proposed measures to control access to the site of the activity to be licensed and the nuclear substance, prescribed equipment or prescribed information;

(h) the proposed measures to prevent theft, loss or illegal use or possession of the nuclear substance, prescribed equipment or prescribed information;

(i) a description and the results of any test, analysis or calculation performed to substantiate the information included in the application;

(j) the name, quantity, form, origin and volume of any radioactive waste or hazardous waste that may result from the activity to be licensed, including waste that may be stored, managed, processed or disposed of at the site of the activity to be licensed, and the proposed method for disposing of that waste;

(k) the applicant's organizational management structure insofar as it may bear on the applicant's compliance with the Act and the regulations made under the Act, including the internal allocation of functions, responsibilities and authority;

(l) a description of any proposed financial guarantee relating to the activity to be licensed;

(m) any other information required by the Act or the regulations made under the Act for the activity to be licensed and the nuclear substance, nuclear facility, prescribed equipment or prescribed information to be encompassed by the licence; and

(n) at the request of the Commission, any other information that is necessary to enable the Commission to determine whether the applicant

(2) Subsection (1) does not apply in respect of an application for a licence to import or export for which the information requirements are prescribed by the Nuclear Non-proliferation Import and Export Control Regulations, or in respect of an application for a licence to transport while in transit for which the information requirements are prescribed by the Packaging and Transport Regulations.

Application for Licence to Abandon

4. An application for a licence to abandon a nuclear substance, a nuclear facility, prescribed equipment or prescribed information shall contain the following information in addition to the information required by section 3:

(a) the name and location of the land, buildings, structures, components and equipment that are to be abandoned;

(b) a description of the information that is to be abandoned;

(c) the proposed time and location of the abandonment;

(d) the proposed method of and procedure for abandonment; and

(e) the effects on the environment and the health and safety of persons that may result from the abandonment, and the measures that will be taken to prevent or mitigate those effects.

Application for Renewal of Licence

5. An application for the renewal of a licence shall contain

(a) the information required to be contained in an application for that licence by the applicable regulations made under the Act; and

(b) a statement identifying the changes in the information that was previously submitted.

Application for Amendment,
Revocation or Replacement of Licence

6. An application for the amendment, revocation or replacement of a licence shall contain the following information:

(a) a description of the amendment, revocation or replacement and of the measures that will be taken and the methods and procedures that will be used to implement it;

(b) a statement identifying the changes in the information contained in the most recent application for the licence;

(c) a description of the nuclear substances, land, areas, buildings, structures, components, equipment and systems that will be affected by the amendment, revocation or replacement and of the manner in which they will be affected; and

(d) the proposed starting date and the expected completion date of any modification encompassed by the application.

Incorporation of Material in Application

7. An application for a licence or for the renewal, suspension in whole or in part, amendment, revocation or replacement of a licence may incorporate by reference any information that is included in a valid, expired or revoked licence.

Renewal, Suspension, Amendment, Revocation or Replacement of Licence on Commission's Own Motion

8. (1) For the purpose of section 25 of the Act, the Commission may renew a licence on its own motion if failure to renew the licence could pose an unreasonable risk to the environment, the health and safety of persons or national security.

(2) For the purpose of section 25 of the Act, the Commission may, on its own motion, suspend in whole or in part, amend, revoke or replace a licence under any of the following conditions:

(a) the licensee is not qualified to carry on the licensed activity;

(b) the licensed activity poses an unreasonable risk to the environment, the health and safety of persons or the maintenance of security;

(c) the licensee has failed to comply with the Act, the regulations made under the Act or the licence;

(d) the licensee has been convicted of an offence under the Act;

(e) a record referred to in the licence has been modified in a manner not permitted by the licence;

(f) the licensee no longer carries on the licensed activity;

(g) the licensee has not paid the licence fee prescribed by the Cost Recovery Fees Regulations; or

(h) failure to do so could pose an unreasonable risk to the environment, the health and safety of persons or national security.

EXEMPTIONS

Exemptions from Licence Requirement for Inspectors,
Designated Officers and Peace Officers

9. (1) An inspector, a designated officer or a peace officer may carry on any of the following activities without a licence to carry on that activity if the activity is carried on by that person to enforce the Act or the regulations made under the Act:

(a) possess, transfer, transport or store a nuclear substance; and

(b) possess or transfer prescribed equipment or prescribed information.

(2) An inspector or a designated officer may service prescribed equipment without a licence to carry on that activity if the servicing is carried on by that person to enforce the Act or the regulations made under the Act.

(3) For greater certainty, the exemptions established in subsections (1) and (2) relate only to the activities specified in those subsections and do not derogate from the licence requirement imposed by section 26 of the Act in relation to other activities.

(4) Every person who carries on an activity without a licence in accordance with subsection (1) or (2) shall immediately notify the Commission of that fact.

Exemption of Naturally Occurring Nuclear Substances

10. Naturally occurring nuclear substances, other than those that are or have been associated with the development, production or use of nuclear energy, are exempt from the application of all provisions of the Act and the regulations made under the Act except the following:

(a) the provisions that govern the transport of nuclear substances; and

(b) in the case of a nuclear substance listed in the schedule to the Nuclear Non-proliferation Import and Export Control Regulations, the provisions that govern the import and export of nuclear substances.

Exemption by the Commission

11. For the purpose of section 7 of the Act, the Commission may grant an exemption if doing so will not

(a) pose an unreasonable risk to the environment or the health and safety of persons;

(b) pose an unreasonable risk to national security; or

(c) result in a failure to achieve conformity with measures of control and international obligations to which Canada has agreed.

OBLIGATIONS

Obligations of Licensees

12. (1) Every licensee shall

(a) ensure the presence of a sufficient number of qualified workers to carry on the licensed activity safely and in accordance with the Act, the regulations made under the Act and the licence;

(b) train the workers to carry on the licensed activity in accordance with the Act, the regulations made under the Act and the licence;

(c) take all reasonable precautions to protect the environment and the health and safety of persons and to maintain security;

(d) provide the devices required by the Act, the regulations made under the Act and the licence and maintain them within the manufacturer's specifications;

(e) require that every person at the site of the licensed activity use equipment, devices, clothing and procedures in accordance with the Act, the regulations made under the Act and the licence;

(f) take all reasonable precautions to control the release of radioactive nuclear substances or hazardous substances within the site of the licensed activity and into the environment as a result of the licensed activity;

(g) implement measures for alerting the licensee to the illegal use or removal of a nuclear substance, prescribed equipment or prescribed information, or the illegal use of a nuclear facility;

(h) implement measures for alerting the licensee to acts of sabotage or attempted sabotage anywhere at the site of the licensed activity;

(i) take all necessary measures to facilitate Canada's compliance with any applicable safeguards agreement;

(j) instruct the workers on the physical security program at the site of the licensed activity and on their obligations under that program; and

(k) keep a copy of the Act and the regulations made under the Act that apply to the licensed activity readily available for consultation by the workers.

(2) Every licensee shall, when requested to do so by the Commission or by a person who is authorized by the Commission to make such a request,

(a) conduct a test, analysis, inventory or inspection in respect of the licensed activity;

(b) review or modify a design, modify equipment, modify procedures or install a new system or new equipment; or

(c) file with the Commission a report concerning actions that have been taken by the licensee in complying with a request to do something referred to in paragraph (a) or (b).

(3) The Commission or a person who is authorized by the Commission may make a request referred to in subsection (2) for the purpose of preventing an unreasonable risk to the environment, the health and safety of persons or national security.

Transfers

13. No licensee shall transfer a nuclear substance, prescribed equipment or prescribed information to a person who does not hold the licence, if any, that is required to possess the nuclear substance, prescribed equipment or prescribed information by the Act and the regulations made under the Act.

Notice of Licence

14. (1) Every licensee other than a licensee who is conducting field operations shall post, at the location specified in the licence or, if no location is specified in the licence, in a conspicuous place at the site of the licensed activity,

(a) a copy of the licence, with or without the licence number, and a notice indicating the place where any record referred to in the licence may be consulted; or

(b) a notice containing

(2) Every licensee who is conducting field operations shall keep a copy of the licence at the place where the field operations are being conducted.

(3) Subsections (1) and (2) do not apply to a licensee in respect of

(a) a licence to import or export a nuclear substance, prescribed equipment or prescribed information;

(b) a licence to transport a nuclear substance; or

(c) a licence to abandon a nuclear substance, a nuclear facility, prescribed equipment or prescribed information.

Representatives of Applicants and Licensees

15. Every applicant for a licence and every licensee shall notify the Commission of

(a) the persons who have authority to act for them in their dealings with the Commission;

(b) the names and position titles of the persons who are responsible for the management and control of the licensed activity and the nuclear substance, nuclear facility, prescribed equipment or prescribed information encompassed by the licence; and

(c) any change in the information referred to in paragraphs (a) and (b), within 15 days after the change occurs.

Publication of Health and Safety Information

16. (1) Every licensee shall make available to all workers the health and safety information with respect to their workplace that has been collected by the licensee in accordance with the Act, the regulations made under the Act and the licence.

(2) Subsection (1) does not apply in respect of personal dose records and prescribed information.

Obligations of Workers

17. Every worker shall

(a) use equipment, devices, facilities and clothing for protecting the environment or the health and safety of persons, or for determining doses of radiation, dose rates or concentrations of radioactive nuclear substances, in a responsible and reasonable manner and in accordance with the Act, the regulations made under the Act and the licence;

(b) comply with the measures established by the licensee to protect the environment and the health and safety of persons, maintain security, control the levels and doses of radiation, and control releases of radioactive nuclear substances and hazardous substances into the environment;

(c) promptly inform the licensee or the worker's supervisor of any situation in which the worker believes there may be

(d) observe and obey all notices and warning signs posted by the licensee in accordance with the Radiation Protection Regulations; and

(e) take all reasonable precautions to ensure the worker's own safety, the safety of the other persons at the site of the licensed activity, the protection of the environment, the protection of the public and the maintenance of security.

Presentation of Licence to Customs Officer

18. No licensee shall remove from a customs office a nuclear substance, prescribed equipment or prescribed information for the import or export of which a licence is required by the Act and the regulations made under the Act, unless the licensee presents the required licence to a customs officer.

PRESCRIBED NUCLEAR FACILITIES

19. The following facilities are prescribed as nuclear facilities for the purpose of paragraph (i) of the definition "nuclear facility" in section 2 of the Act:

(a) a facility for the management, storage or disposal of waste containing radioactive nuclear substances at which the resident inventory of radioactive nuclear substances contained in the waste is 10¹⁵ Bq or more;

(b) a plant for the production of deuterium or deuterium compounds using hydrogen sulphide; and

(c) a facility that consists of

PRESCRIBED EQUIPMENT

20. Each of the following items is prescribed equipment for the purposes of the Act:

(a) a package and special form radioactive material, as defined in subsection 1(1) of the Packaging and Transport Regulations;

(b) a radiation device and a sealed source, as defined in section 1 of the Nuclear Substances and Radiation Devices Regulations;

(c) Class II prescribed equipment, as defined in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations; and

(d) equipment that is capable of being used in the design, production, operation or maintenance of a nuclear weapon or nuclear explosive device.

PRESCRIBED INFORMATION

Prescription

21. (1) Information that concerns any of the following, including a record of that information, is prescribed information for the purposes of the Act:

(a) a nuclear substance that is required for the design, production, operation or maintenance of a nuclear weapon or nuclear explosive device, including the properties of the nuclear substance;

(b) the design, production, use, operation or maintenance of a nuclear weapon or nuclear explosive device;

(c) the security arrangements, security equipment, security systems or security procedures established by a licensee in accordance with the Act, the regulations made under the Act or the licence, or any incident relating to security; and

(d) the route or schedule for the transport of Category I, II or III nuclear material, as defined in section 1 of the Nuclear Security Regulations.

(2) Information that is made public in accordance with the Act, the regulations made under the Act or a licence is not prescribed information for the purposes of the Act.

Exemptions from Licence Requirement

22. (1) The following persons may possess, transfer, import, export or use prescribed information without a licence to carry on that activity:

(a) a minister, employee or other person acting on behalf of or under the direction of the Government of Canada, the government of a province or any of their agencies, for the purpose of assisting themselves in exercising a power or performing a duty or function lawfully conferred or imposed on them; and

(b) an official of a foreign government or an international agency, for the purpose of meeting obligations imposed by an arrangement made between the Government of Canada and the foreign government or international agency.

(2) The following persons may possess, transfer or use prescribed information without a licence to carry on that activity:

(a) a worker, for the purpose of enabling the worker to perform duties assigned by the licensee; and

(b) a person who is legally required or legally authorized to obtain or receive the information.

(3) For greater certainty, the exemptions established in subsections (1) and (2) relate only to the activities specified in those subsections and do not derogate from the licence requirement imposed by section 26 of the Act in relation to other activities.

Transfer and Disclosure

23. (1) No person shall transfer or disclose prescribed information unless the person

(a) is legally required to do so; or

(b) transfers or discloses it to

(2) A person who possesses or has knowledge of prescribed information shall take all necessary precautions to prevent any transfer or disclosure of the prescribed information that is not authorized by the Act and the regulations made under the Act.

CONTAMINATION

Prescribed Limits

24. For the purposes of paragraph 45(a) and subsection 46(1) of the Act, the prescribed limit of contamination for a place or vehicle where no licensed activity is being carried on is any quantity of a radioactive nuclear substance that may, based on the circumstances, increase a person's effective dose by 1 mSv or more per year in excess of the background radiation for the place or vehicle.

Prescribed Public Offices

25. For the purpose of subsection 46(2) of the Act, a municipal office, a public library and a public community centre are prescribed public offices.

Prescribed Measures

26. For the purpose of subsection 46(3) of the Act, the prescribed measures to reduce the level of contamination are any measures to control access to or clean the place, or to cover or remove the contamination, that are appropriate for the substance and location and that will reduce the level of contamination to below the limit prescribed by section 24.

RECORDS AND REPORTS

Record of Licence Information

27. Every licensee shall keep a record of all information relating to the licence that is submitted by the licensee to the Commission.

Retention and Disposal of Records

28. (1) Every person who is required to keep a record by the Act, the regulations made under the Act or a licence shall retain the record for the period specified in the applicable regulations made under the Act or, if no period is specified in the regulations, for the period ending one year after the expiry date of the last licence that was issued to the person.

(2) No person shall dispose of a record referred to in the Act, the regulations made under the Act or a licence unless the person

(a) is no longer required to keep the record by the Act, the regulations made under the Act or the licence; and

(b) has notified the Commission of the date of disposal and of the nature of the record at least 90 days before the date of disposal.

(3) A person who notifies the Commission in accordance with subsection (2) shall file the record, or a copy of the record, with the Commission at its request.

General Reports

29. (1) Every licensee who becomes aware of any of the following situations shall immediately make a preliminary report to the Commission of the location and circumstances of the situation and of any action that the licensee has taken or proposes to take with respect to it:

(a) a situation referred to in paragraph 27(b) of the Act;

(b) the occurrence of an event that is likely to result in the exposure of persons to radiation in excess of the applicable radiation dose limits prescribed by the Radiation Protection Regulations;

(c) the release into the environment of a quantity of a radioactive nuclear substance that is not authorized by the licence;

(d) a situation or event that requires the implementation of a contingency plan in accordance with the licence;

(e) an attempted or actual breach of security or an attempted or actual act of sabotage at the site of the licensed activity;

(f) information that reveals the incipient failure, abnormal degradation or weakening of any component or system at the site of the licensed activity, the failure of which could have a serious adverse effect on the environment or constitutes or is likely to constitute or contribute to a serious risk to the health and safety of persons or the maintenance of security;

(g) an actual, threatened or planned work disruption by workers;

(h) a serious illness or injury incurred or possibly incurred as a result of the licensed activity;

(i) the death of any person at a nuclear facility; or

(j) the occurrence of any of the following events:

(2) Every licensee who becomes aware of a situation referred to in subsection (1) shall file a full report of the situation with the Commission within 21 days after becoming aware of it, unless some other period is specified in the licence, and the report shall contain the following information:

(a) the date, time and location of becoming aware of the situation;

(b) a description of the situation and the circumstances;

(c) the probable cause of the situation;

(d) the effects on the environment, the health and safety of persons and the maintenance of security that have resulted or may result from the situation;

(e) the effective dose and equivalent dose of radiation received by any person as a result of the situation; and

(f) the actions that the licensee has taken or proposes to take with respect to the situation.

(3) Subsections (1) and (2) do not require a licensee to report a situation referred to in paragraphs (1)(a) to (j) if the licence contains a term or condition requiring the licensee to report that situation, or any situation of that nature, to the Commission.

Safeguards Reports

30. (1) Every licensee who becomes aware of any of the following situations shall immediately make a preliminary report to the Commission of the situation and of any action that the licensee has taken or proposes to take with respect to it:

(a) interference with or an interruption in the operation of safeguards equipment or the alteration, defacement or breakage of a safeguards seal, other than in accordance with the safeguards agreement, the Act, the regulations made under the Act or the licence; and

(b) the theft, loss or sabotage of safeguards equipment or samples collected for the purpose of a safeguards inspection, damage to such equipment or samples, or the illegal use, possession, operation or removal of such equipment or samples.

(2) Every licensee who becomes aware of a situation referred to in subsection (1) shall file a full report of the situation with the Commission within 21 days after becoming aware of it, unless some other period is specified in the licence, and the report shall contain the following information:

(a) the date, time and location of becoming aware of the situation;

(b) a description of the situation and the circumstances;

(c) the probable cause of the situation;

(d) the adverse effects on the environment, the health and safety of persons and the maintenance of national and international security that have resulted or may result from the situation;

(e) the effective dose and equivalent dose of radiation received by any person as a result of the situation; and

(f) the actions that the licensee has taken or proposes to take with respect to the situation.

Report of Deficiency in Record

31. (1) Every licensee who becomes aware of an inaccuracy or incompleteness in a record that the licensee is required to keep by the Act, the regulations made under the Act or the licence shall file a report of the inaccuracy or incompleteness with the Commission within 21 days after becoming aware of it, and the report shall contain the following information:

(a) the details of the inaccuracy or incompleteness; and

(b) any action that the licensee has taken or proposes to take with respect to the inaccuracy or incompleteness.

(2) Subsection (1) does not apply to a licensee if

(a) the licence contains a term or condition that requires the licensee to report inaccuracies or incompleteness in a record to the Commission; or

(b) the inaccuracy or incompleteness in the record could not reasonably be expected to lead to a situation in which the environment, the health and safety of persons or national security is adversely affected.

Filing of Reports

32. (1) Every report shall include the name and address of its sender and the date on which it was completed.

(2) The date of filing of a report is the date on which it is received by the Commission.

INSPECTORS AND DESIGNATED OFFICERS

Certificate of Inspector

33. An inspector's certificate issued under section 29 of the Act shall be in the form set out in the schedule and shall include, in addition to the information required by subsection 29(2) of the Act,

(a) the name and signature of the inspector;

(b) a photograph showing the face of the inspector;

(c) the name of the employer of the inspector;

(d) a statement of designation;

(e) the name, position and signature of the person who issued the certificate; and

(f) the expiry date of the certificate.

Certificate of Designated Officer

34. A designated officer's certificate issued under section 37 of the Act shall include, in addition to the information required by subsection 37(1) of the Act,

(a) the name and position or title of the designated officer;

(b) the name of the employer of the designated officer;

(c) a statement of designation;

(d) the name, position and signature of the person who issued the certificate; and

(e) the expiry date of the certificate.

Notification and Surrender of Certificate

35. (1) An inspector and a designated officer shall notify the Commission of any of the following situations:

(a) the loss or theft of their certificate;

(b) any change in their employment that results in their no longer exercising a function that relates to the purpose of the certificate; and

(c) the suspension or termination of their employment with the employer named in the certificate.

(2) An inspector and a designated officer shall surrender their certificate to the Commission

(a) if the information contained in the certificate is not accurate;

(b) when the certificate expires; or

(c) on termination by the Commission of their designation as an inspector or a designated officer, as the case may be.

COMING INTO FORCE

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

SCHEDULE
(Section 33)

CERTIFICATE OF INSPECTOR

[41-1-o]

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).