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The Regulatory Control of Radioactive Waste Management in Canada

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CANADA (June 2003) 1. NATIONAL AND REGULATORY FRAMEWORK 1.1 National Framework Canada is a federal state in which legislative authority is split between Federal (National) and Provincial Governments. For the nuclear industry, overall authority for regulation is solely vested in the Federal government. For other policy and environmental issues, the jurisdiction is mixed and thus more complex. The relevant distribution of powers is given in subsequent sections. 1.1.1 National policy The Canadian radioactive waste policy framework consists of a set of principles governing the institutional and financial arrangements for disposal of radioactive waste by waste producers and owners. • The federal government will ensure that radioactive waste disposal is carried out in a safe, environmentally sound, comprehensive, cost-effective and integrated manner. • The federal government has the responsibility to develop policy, to regulate, and to oversee producers and owners to ensure that they comply with legal requirements and meet their funding and operational responsibilities in accordance with approved waste disposal plans. • The waste producers and owners are responsible, in accordance with the principle of “polluter pays”, for the funding, organisation, management and operation of disposal and other facilities required for their wastes. This recognises that arrangements may be different for nuclear fuel waste, low-level radioactive waste and uranium mine and mill tailings. Canada ratified the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management in May 1998. 1 1.1.2 Institutional framework Federal Government Canadian Nuclear Natural Environment Canadian Safety Resources Canada Environmental Commission Canada Assessment (CNSC) (NRCan) Agency Protection (CEAA) National National Policy of the Environmental Regulator Oversight Environment Assessments Provincial Governments (structures vary) Provincial Governments are responsible for: • Choice of energy options (hydro, fossil, nuclear) • Exploitation of natural resources (uranium mining, etc.) • Protection of environment (joint responsibility) 1.2 Regulatory Framework 1.2.1 Regulatory function The mission of the Canadian Nuclear Safety Commission (CNSC) is to regulate the use of nuclear energy and materials to protect health, safety, security and the environment and to respect Canada's international commitments on the peaceful use of nuclear energy. The CNSC is an independent agency of the Government of Canada. It reports to Parliament through the Minister of Natural Resources Canada. Under the Nuclear Safety and Control Act, the CNSC's mandate involves four major areas: • Regulation of the development, production and use of nuclear energy in Canada; • Regulation of the production, possession and use of nuclear substances, prescribed equipment and prescribed information; • Implementation of measures respecting international control of the use of nuclear energy and substances, including measures respecting the non-proliferation of nuclear weapons; and, • Dissemination of scientific, technical and regulatory information concerning the activities of the CNSC. The Nuclear Safety and Control Act is supported by several regulations as listed under Section 2.2 below. The CNSC regulatory framework includes regulatory documents such as policies, standards, guides, notices and procedures. 2 Regulatory control is achieved by setting regulatory requirements and issuing licences containing conditions that must meet. Requirements for licensing vary with the type of facility or regulated activity. When applying for a licence, applicants are required to identify potential risks and consequences under both normal use and accidental conditions, and to establish specific engineering measures and operating practices to mitigate those consequences. Once licences are issued, CNSC inspectors are active in monitoring operations to verify that they comply with regulatory requirements. The CNSC regulatory control for the non-proliferation of nuclear weapons is carried out through licence conditions requiring careful control and accounting of prescribed substances, by controlling imports and exports of prescribed substances, information and equipment and by ensuring that specific obligations of Canada under the Treaty on the Non-Proliferation of Nuclear Weapons are fulfilled. 1.2.2 Organisation and resources The task of the CNSC is to regulate the use of nuclear energy and materials and to respect Canada's international commitments on the peaceful use of nuclear energy. This is accomplished by the work of a Commission of up to seven members and a staff of approximately 450 employees. The Commission functions as a tribunal, making independent decisions on the licensing of nuclear-related activities in Canada; establishes legally-binding regulations; and sets regulatory policy direction on matters relating to health, safety, security and environmental issues affecting the Canadian nuclear industry. The Commission takes into account the views, concerns and opinions of interested parties and intervenors when establishing regulatory policy, making licensing decisions and implementing programs. Licensing decisions on nuclear facilities are conducted in public hearings. Any person with an interest in the matter or with relevant expertise may submit a written submission and/or make an oral presentation before the Commission. Staff prepares recommendations on licensing decisions, presents them to the Commission for consideration during public hearings and subsequently administers these decisions once they are made by the Commission. The Commission The Nuclear Safety and Control Act provides for the appointment of up to seven Commission Members by Order in Council. One member is designated the President and Chief Executive Officer of the CNSC. The Secretariat plans the business of the Commission and gives technical and administrative support to the President and to the other Commission members. This involves related communications with the Minister's Office and all other stakeholders, including government departments, intervenors, licensees, media and the public. The Secretariat is also the official registrar in relation to Commission documentation and manages the hearing process. 3 CNSC Staff CNSC staff work within the following organisational structure: The Operations Branch is responsible for regulation of the development, production and use of nuclear energy, the production, possession, transport and use of nuclear substances and radiation devices in accordance with the requirements of the Nuclear Safety and Control Act and Regulations. It comprises the following five directorates: The Directorate of Power Reactor Regulation regulates the development and operation of nuclear power reactors in Canada in accordance with requirements of the Nuclear Safety and Control Act and Regulations, and provides regulatory leadership in areas of power reactor regulation and radiation protection. The Directorate of Nuclear Cycle and Facilities Regulation regulates the development and operation of uranium mining and processing facilities, nuclear substance processing facilities, waste management facilities, low power reactors, research and test facilities, accelerators and Class II facilities. It provides regulatory leadership in areas of uranium mining and nuclear facility regulation and environmental protection and assessment. The Directorate of Nuclear Substance Regulation regulates the production, possession, transport and use of nuclear substances and radiation devices, and provides regulatory leadership in the regulation of nuclear substances, radiation devices, transport and packaging. The Directorate of Assessment and Analysis undertakes specialist safety and security assessments in support of the regulation of the power reactors, uranium mining and processing facilities, nuclear substance processing facilities, waste management facilities, low power reactors, research and test facilities, accelerators and Class II facilities and the transport and use of nuclear substances and radiation devices. It also manages the emergency response capacity of the organization. It provides regulatory leadership in the areas of security, safety analysis, fuel and reactor physics, structural integrity, fire protection, electrical systems, control and instrumentation, reliability, human factors, examination and certification. The Directorate of Operational Strategies is responsible for leading the development of regulatory processes, programs and documents to afford a basis for consistent and effective regulatory practices in the branch. It manages regulatory research programs and coordinates branch responses to international and national protocols and agreements. The Corporate Services Branch is responsible for the CNSC's programs and policies for the management of its financial and human resources and for its information, physical and information technology assets. It is also responsible for the organization’s communications, external relations and strategic planning programs. The Office of Regulatory Affairs is responsible for organization-wide programs, initiatives and actions that enhance the CNSC’s regulatory effectiveness, efficiency and overall operation. The Office of International Affairs licenses the export and import of controlled nuclear items. It implements Canada's bilateral nuclear cooperation agreements, international safeguards agreements, domestic nuclear security and international
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