Forward regulatory plan 2022–2024

This forward regulatory plan provides information on regulatory initiatives that the Canadian Nuclear Safety Commission (CNSC) aims to propose or finalize in the next 2 years through:

• pre-publication in the Canada Gazette, Part I
• final publication in the Canada Gazette, Part II

The forward regulatory plan also includes regulatory initiatives that are expected to be brought forward over a longer time frame. Comments or inquires about any of the regulatory initiatives can be made using the departmental contact information.

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 Administrative Monetary Penalties 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
• Regulations amending the Packaging and Transport of Nuclear Substances Regulations, 2015
• Miscellaneous amendments to the Canadian Nuclear Safety Commission Rules of Procedure and the Canadian Nuclear Safety Commission By-laws

Departmental contact

Lynn Forrest
Director, Regulatory Framework Division
consultation@cnsc-ccsn.gc.ca

For more information

Consult our acts and regulations page for:

• a list of the acts and regulations that we administer
• further information on our implementation of government-wide regulatory management initiatives

Consult the following for information on supporting policies and government-wide regulatory initiatives:

• 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:

• Canada Gazette
• Consulting with Canadians

Safeguards and non-proliferation

Regulatory initiative: Regulations amending the General Nuclear Safety and Control Regulations and the Nuclear Non-proliferation Import and Export Control Regulations and making consequential amendments to the Administrative Monetary Penalties Regulations

Date first included in the forward regulatory plan: 2016

Description

The General Nuclear Safety and Control Regulations (GNSCR) set out requirements relating to licence applications and renewals; exemptions; obligations of licensees; prescribed nuclear facilities, equipment and information; contamination; record-keeping; and inspections.

The Nuclear Non-proliferation Import and Export Control Regulations (NNIECR) set out requirements for applications for a licence to import or export controlled nuclear substances, controlled nuclear equipment or controlled nuclear information, and establish exemptions from licensing for certain import and export activities.

The Administrative Monetary Penalties Regulations set out the list of violations that are subject to administrative monetary penalties, the method and criteria by which the penalty amounts are determined, and the manner in which notices of violation must be served.

The CNSC proposes updating the NNIECR to incorporate updates made by the Nuclear Suppliers Group to the Trigger List and the Nuclear-Related Dual-Use List. The CNSC also proposes additional changes to the NNIECR, along with a related change to the GNSCR, to clarify certain entries, reduce regulatory burden for items deemed to be of low proliferation significance, and provide additional information for use in assessing applications and licensee compliance.

Objective(s)

1. Update the GNSCR to:
   1. require reporting and access from entities possessing non-licensed quantities of nuclear material, and/or engaged in nuclear fuel cycle–related research and development activities and/or the manufacture of specified nuclear-related technologies
   2. remove the requirement for licensees to present an import or export licence to a customs officer when importing or exporting prescribed information
2. Update the NNIECR to:
   1. harmonize export control list items with other nuclear supplier states and clarify certain entries
   2. remove the schedule to the NNIECR and incorporate it by means of a static reference in order to facilitate updating
   3. reduce regulatory burden for items deemed to be of low proliferation significance
   4. provide additional information for use in assessing applications and licensee compliance
   5. harmonize record retention requirements with those found in the NSCA and its regulations

Business impacts

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

Public consultation opportunities

Canadians will have the opportunity to provide comments on the proposed regulatory amendment during the Canada Gazette, Part I, public comment period, which is expected to take place in fall 2022.

Visit Let’s Talk Nuclear Safety for more information and to view comments on the proposal to amend these regulations.

Nuclear security

Regulatory initiative: Regulations repealing and replacing the Nuclear Security Regulations and making consequential amendments tothe Class I Nuclear Facilities Regulations, Nuclear Substances and Radiation Devices Regulations, Administrative Monetary Penalties Regulations, and Packaging and Transport of Nuclear Substances Regulations, 2015

Date first included in the forward regulatory plan: 2017

Description

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.

Objective(s)

1. Mitigate new threats
2. Remove barriers to the use of new technologies
3. Align the regulations with international conventions and with International Atomic Energy Agency recommendations and guidance, including best practices
4. Ensure the continued security of nuclear facilities to protect the environment and the health and safety of Canadians
5. Ensure Canada continues to fulfill its international obligations for the security of nuclear and radioactive materials

The move toward performance-based regulations will remove some potential barriers to the implementation of new technologies, in particular the potential development and deployment of new reactor technologies.

Business impacts

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

Public consultation opportunities

Canadians will have the opportunity to provide comments on the proposed regulatory amendment during the Canada Gazette, Part I, public comment period, which is expected to take place in fall 2022.

Visit Let’s Talk Nuclear Safety to learn more and to view comments on the proposal to amend these regulations.

Class II nuclear facilities and prescribed equipment

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

Date first included in the forward regulatory plan: 2021

Description

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.

Objectives

1. Modernize the regulations to reflect the latest technological changes, and where possible, create “technology-agnostic” regulations
2. Incorporate the operational experience gained since the last regulatory review in performing licensing and compliance verification activities involving Class II prescribed equipment
3. Allow the licensee flexibility while still ensuring safety
4. Reduce regulatory burden through streamlining and the removal of duplicate requirements, where they exist
5. Ensure that the regulations are logical and align with existing good practices, where they exist
6. Make the regulations easier to understand and use for all stakeholders

Business impacts

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

Public consultation opportunities

We will conduct consultations on this regulatory initiative and its components starting in 2022. Visit Let’s Talk Nuclear Safety to view and comment on the proposals to amend these regulations.

Canadians will have the opportunity to provide comments on the proposed regulatory amendment during the Canada Gazette, Part I, public comment period, which is expected to take place in 2024.

Targeted amendments

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

Date first included in the forward regulatory plan: 2021

Description

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 environment and the health, safety and security of Canadians 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.

Objectives

1. Codify existing changes to the exposure device operator certification program into regulation 
2. Modify the record retention period, resulting in a reduction of administrative burden
3. Modify definitions and implement miscellaneous amendments to add clarity 

Business impacts

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

Public consultation opportunities

We will conduct consultations on this regulatory initiative and its components starting in 2022. Visit Let’s Talk Nuclear Safety to view and comment on the proposals to amend these regulations.
Canadians will have the opportunity to provide comments on the proposed regulatory amendment during the Canada Gazette, Part I, public comment period, which is expected to take place in 2024.

Regulatory initiative: Regulations amending the Packaging and Transport of Nuclear Substances Regulations, 2015

Date first included in the forward regulatory plan: 2021

Description

The Packaging and Transport of Nuclear Substances Regulations, 2015 (PTNSR) set out requirements for transport licences; the transport of nuclear substances; record keeping; and the design and certification of packages, special form radioactive material and other prescribed equipment.

These requirements are based on international standards for the safe transport of radioactive materials, which are set out in the International Atomic Energy Agency's Regulations for the Safe Transport of Radioactive Material.

A review of the PTNSR has identified inconsistencies with the Radiation Protection Regulations in the provisions related to pregnant and breastfeeding nuclear energy workers (NEWs). In addition, the amendments will reflect changes to international requirements made since the PTNSR first came into force.

Objectives

1. Remove inconsistencies on the rights of pregnant and breastfeeding NEWs
2. Include new requirements from the Radiation Protection Regulations
3. Correct inaccuracies and other errors

Business impacts

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

Public consultation opportunities

We will conduct consultations on this regulatory initiative and its components starting in 2022. Visit Let’s Talk Nuclear Safety to view and comment on the proposals to amend these regulations.

Canadians will have the opportunity to provide comments on the proposed regulatory amendment during the Canada Gazette, Part I, public comment period, which is expected to take place in 2023.

Regulatory initiative: Miscellaneous amendments to the Canadian Nuclear Safety Commission Rules of Procedure and the Canadian Nuclear Safety Commission By-laws

Date first included in the forward regulatory plan: 2022

Description

Effective January 1, 2022, Legal Services and the Commission Secretariat merged into a single office to create a new branch within the CNSC. As part of the merger, the term Commission Secretary was changed to Commission Registrar. The name change reflects the focus on the Commission’s quasi‑judicial role as decision maker, for which the Registrar provides appropriate support. The name change is meant to better reflect the registry function and contemporary administrative law standards.

Objectives

1. Update references to Secretary to the new term of Registrar in the Canadian Nuclear Safety Commission By-laws and the Canadian Nuclear Safety Commission Rules of Procedure

Business impacts

None

Public consultation opportunities

No public consultation is required, as these amendments are administrative in nature.