Forward regulatory plan 2021–2023

A forward regulatory plan is a public list of anticipated regulatory changes or actions that a department intends to undertake within a specified time frame. It is intended to give consumers, businesses, Indigenous peoples and other stakeholders greater opportunity to inform the development of regulations and to plan for the future.

This plan provides information on regulatory proposals that the Canadian Nuclear Safety Commission (CNSC) expects to bring forward over the next 2 years and identifies public consultation opportunities for stakeholders to provide their feedback during regulatory development.

It should be noted that this forward regulatory plan will be adjusted and updated over time to reflect changes to the CNSC’s operating environment.

Proposed regulatory initiatives

• Regulations amending the General Nuclear Safety and Control Regulations (safeguards)
• Regulations amending the Nuclear Non-proliferation Import and Export Control Regulations
• Regulations amending the Nuclear Security Regulations
• Regulations amending the Class II Nuclear Facilities and Prescribed Equipment Regulations
• Regulations amending the Nuclear Substances and Radiation Devices Regulations

Departmental contact for the CNSC’s regulatory initiatives

Lynn Forrest
Director, Regulatory Framework Division
lynn.forrest@cnsc-ccsn.gc.ca
613-296-2739

For more information

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

• Government-wide forward regulatory plans
• Cabinet Directive on Regulation
• Red Tape Reduction Action Plan

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Regulatory initiative: Regulations amending the General Nuclear Safety and Control Regulations (safeguards)

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2016

Description of the objective

Pursuant to obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, the CNSC implements Canada's bilateral agreements with the International Atomic Energy Agency on nuclear safeguards verification. The CNSC has been ensuring conformity with the safeguards agreements since they came into force in 1972 and 2000 respectively.

The CNSC is proposing to amend the General Nuclear Safety and Control Regulations to reflect best practices for the safeguarding of nuclear material, thereby ensuring continued effective reporting and monitoring of nuclear materials and activities in Canada.

Indication of business impacts

There may be business impacts. The “one-for-one” rule and/or the small business lens may apply.

Public consultation opportunities

The CNSC will be posting an update of the proposed changes to the Regulations on its e-consultation platform, Let’s Talk Nuclear Safety, in early 2021. The CNSC will take the feedback into account when developing the regulatory proposal for pre-publication in the Canada Gazette, Part I, also planned for 2021, before finalizing the proposal for consideration by the Commission and the Governor in Council.

Regulatory initiative: Regulations amending the Nuclear Non-proliferation Import and Export Control Regulations

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2016

Description of the objective

The Nuclear Non-proliferation Import and Export Control Regulations(NNIECR) provide for the regulatory control of the imports or exports of controlled nuclear and nuclear-related dual-use substances, equipment and technology.Under the NNIECR, Canadian importers and exporters must obtain and comply with licences controlling the international transfer of nuclear and nuclear-related dual-use items. The Schedule to the NNIECR, which identifies items subject to control, is based upon control lists established by the Participating Governments of the Nuclear Suppliers Group (NSG), including Canada. The control lists are published in the International Atomic Energy Agency’s information circulars and are incorporated into domestic nuclear non-proliferation policies and regulations in NSG countries. In Canada, these control lists are incorporated into the NNIECR and into the Export Control List administered by Global Affairs Canada.

In 2013, the NSG completed a comprehensive review of its export control lists and agreed on changes to the control entries for certain nuclear and nuclear-related substances, equipment and technology (information) that are traded internationally.

The CNSC is proposing amendments to the NNIECR to reflect changes to the NSG lists, thereby ensuring continued effective regulation of the Canadian nuclear exporting and importing industry, and to address some technical and administrative issues relating to the NNIECR.

Indication of business impacts

There may be business impacts. The "one-for-one" rule and/or the small business lens may apply.

Public consultation opportunities

Discussion paper DIS-15-01 was published in March 2015 to seek feedback from licensees, the Canadian public and other stakeholders on the CNSC’s regulatory proposal to amend the NNEICR. The paper highlights several proposed changes, including increased clarity for many entries, clarification of reporting requirements for nuclear-grade graphite, and a more practical approach to exporting prescribed information through intangible means (e.g., downloads, email). The What We Heard Report summarizes the comments received during consultation.

The CNSC will be posting an update of the proposed changes to the NNEICR on its e-consultation platform, Let’s Talk Nuclear Safety, in early 2021. The CNSC will take the feedback into account when developing the regulatory proposal for pre-publication in the Canada Gazette, Part I, also planned for 2021, before finalizing the proposal for consideration by the Commission and the Governor in Council.

Regulatory initiative: Regulations amending the Nuclear Security Regulations

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2017

Description of the objective

The Nuclear Security Regulations define security-related information requirements for the licensing and operation of certain nuclear facilities, including high-security sites. The Regulations ensure that Canada continues to fulfill its international obligations for the security of nuclear and radioactive materials, both in Canada and internationally.

The last major revision to the Regulations was completed in 2006. Since then, security threats, operational experience and technological advancements have evolved and there is a need to keep up with updated international recommendations, guidance and best practices.

To obtain early input into the review of the Nuclear Security Regulations, the CNSC organized workshops with stakeholders. The stakeholders who attended the workshops were those directly responsible for implementing security measures at nuclear facilities or for the security of nuclear material. The stakeholder workshop report shares the feedback that was received at those workshops. Read the Stakeholder Workshop Report: Periodic Review of the Nuclear Security Regulations.

Indication of business impacts

There may be business impacts. The “one-for-one” rule and/or the small business lens may apply.

Public consultation opportunities

The CNSC is developing 2 discussion papers for publication in 2021: DIS-21-01, Proposals to Amend the Nuclear Security Regulations, and DIS-21-02, Cybersecurity and the Protection of Digital Information. The CNSC is seeking feedback from licensees, proponents, Indigenous peoples, the Canadian public and other stakeholders on its regulatory proposal to amend these Regulations. Visit Let’s Talk Nuclear Safety to view and comment on the discussion papers.

The CNSC will take the feedback into account when developing the regulatory proposal for pre-publication in the Canada Gazette, Part I, planned for 2022, before finalizing the proposal for consideration by the Commission and the Governor in Council.

Regulatory initiative: Regulations amending the Class II Nuclear Facilities and Prescribed Equipment Regulations

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2021

Description of the objective

The Class II Nuclear Facilities and Prescribed Equipment Regulations set out requirements for licence applications, certification of prescribed equipment, radiation protection and record keeping.

A review of the Regulations has begun. This is the first major revision to the Regulations since they were created in 2000. Since then, operational experience and technological advancements have evolved and there is a need to keep up with updated international recommendations, guidance and best practices.

Indication of business impacts

There may be business impacts. The "one-for-one" rule and/or the small business lens may apply.

Public consultation opportunities

The CNSC is developing a discussion paper, DIS-21-03, Proposed Amendments to the Class II Nuclear Facilities and Prescribed Equipment Regulations, for publication in 2021. The purpose of the discussion paper is to gather feedback from licensees, proponents, Indigenous peoples, the Canadian public and other stakeholders on the proposed amendments.

The CNSC will take the feedback into account when developing the regulatory proposal for pre-publication in the Canada Gazette, Part I, planned for 2023, before finalizing the proposal for consideration by the Commission and the Governor in Council.

Visit Let’s Talk Nuclear Safety to view and comment on the discussion paper.

Regulatory initiative: Regulations amending the Nuclear Substances and Radiation Devices Regulations

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2021

Description of the objective

The Nuclear Substances and Radiation Devices Regulations (NSRDR) set out the requirements for the licensing and certification of nuclear substances and radiation devices, the use of radiation devices, and the associated record keeping. The Regulations ensure that the health, safety and security of Canadians, as well as the environment, are protected with respect to nuclear substances and radiations devices.

The NSRDR came into force in 2000, with the last major revision completed in 2015. Since then, the CNSC has decided to introduce expiry dates and a recertification process for exposure device operator certifications. In addition, operational experience has identified opportunities to align with other CNSC regulations, reduce regulatory burden and improve clarity of expectations.

Indication of business impacts

There may be business impacts. The "one-for-one" rule and/or the small business lens may apply.

Public consultation opportunities

The CNSC will take feedback into account when developing the regulatory proposal for pre-publication in the Canada Gazette, Part I, planned for 2022, before finalizing the proposal for consideration by the Commission and the Governor in Council.

Visit Let’s Talk Nuclear Safety to view and comment on proposed changes to regulations, proposed new regulatory documents or changes to regulatory documents, and new discussion papers.