Greg Rzentkowski, Director-General Directorate of Power Reactor Regulation

1. Canadian Nuclear Regulatory Structure and Recent Developments of Interestpresented to the IAEA NUSSC,June 2009 Greg Rzentkowski, Director-General Directorate of Power Reactor Regulation Canadian Nuclear Safety Commission

2. Presentation Outline • CNSC Organization • Operational NPPs in Canada • Regulatory Framework and Current Practices • Specific Areas of Interest and Developments • Use of International Standards

3. President Michael Binder Commission Tribunal Commission Members Office of Audit, Evaluation and Ethics Commission Secretariat Commission Secretary Marc Leblanc Regulatory Operations Branch Technical Support Branch Regulatory Affairs Branch Corporate Services Branch Legal Services Executive Vice-President And Chief Regulatory Operations Officer Ramzi Jammal Vice-President Terry Jamieson Vice-President Patricia McDowell Vice-President and Chief Financial Officer Gordon White General Counsel and Head of Legal Services Jacques Lavoie CNSC Organization Michael Binder Marc Leblanc

4. CNSC Organization (cont.) Canadian Nuclear Safety Commission • Commission tribunal (7 independent members) • One Commission member is • President of Commission; and • Chief Executive Officer of staff organization • CNSC staff • approximately 800 staff members • makes recommendations and advises Commission and Designated Officers

5. Operational NPPs in Canada • Pickering A, Units 1 & 4 (Units 2 & 3 in safe shutdown) • Pickering B, Units 5 – 8 • Darlington, Units 1 – 4 • Bruce A, Units 3 & 4 (Units 1 & 2 undergoing refurbishment) • Bruce B, Units 5 – 8 • Gentilly-2 • Point Lepreau (undergoing refurbishment)

6. Operational NPPs in Canada (cont.)

7. Operational NPPs in Canada (cont.) • The following projects are currently in progress • Pickering B: Integrated Safety Review completed (independent review of the process by IAEA) • Bruce 1 & 2: Restart scheduled for late 2010 • Bruce 3 & 4: Integrated Safety Review in progress • Pt. Lepreau: Restart scheduled for early 2010 • Gentilly 2: Integrated Safety Review in progress • Darlington: Basis for Integrated Safety Review submitted

8. Regulatory Framework and Current Practices Nuclear Safety and Control Act (NSCA) • came into force in 2000 • established Canadian Nuclear Safety Commission (CNSC) • The CNSC replaced the Atomic Energy Control Board, which operated from 1946. • The CNSC is an independent quasi-judicial body. • The CNSC has clear and sole authority to regulate nuclear facilities and activities. • The CNSC has authority to set regulations.

9. Regulatory Framework and Current Practices (cont.) The CNSC regulates • nuclear power plants • uranium mines and mills • uranium processing and fuel fabrication facilities • nuclear research and test facilities and non-power reactors • nuclear substance processing facilities • radioactive waste and waste management facilities • heavy water production plants • use of nuclear substances and radiation devices (medical, academic, research and industrial uses) • packaging and transport of nuclear substances • import and export of nuclear substances & prescribed equipment

10. Regulatory Framework and Current Practices (cont.) • NSCA and Regulations • legally binding • licences are issued to control nuclear facilities and activities • assign to licensees the prime responsibility for safety • violators of NSCA, regulations, and licence conditions can be prosecuted in Canadian courts

11. Regulatory Framework and Current Practices (cont.) • CNSC has a clear mandate to: • regulate the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information; and • disseminate objective scientific, technical and regulatory information to the public (Political or economic objectives are not part of mandate.)

12. Regulatory Framework and Current Practices (cont.) • The CNSC • is accountable to Canadians. • reports to Parliament through Minister of Natural Resources • has authority to acquire sufficient resources and staff, and • has flexibility to discharge responsibilities without external approval or undue restriction. • Commission decisions are not subject to political influence. No minister can overturn commission decision. • Appeals to the Commission decision is through the courts.

13. Specific Areas of interest and Developments • Recent significant regulatory amendments • Nuclear Security Regulations amended in 2006 • Nuclear Substance and Radiation Devices Regulations and Class II Nuclear Facilities and Prescribed Equipment Regulations amended in 2008 • Staged implementation of Revenue Spending Authority • This is an auditable system to allow CNSC to use regulatory activity fees without pre-approval of Canadian Parliament. • Audited on yearly basis by the office of auditor general.

14. Specific Areas of interest and Developments (cont.) • Amendment of NSCA to include administrative fines • Review and amendments to existing regulations in order to maintain modern regulatory framework • Continuous improvements in the implementation of Revenue Spending Authority • Outcomes of the strategic review

15. Specific Areas of interest and Developments (cont.) • Risk-Informed Regulation • government of Canada directive • approach based on CSA standard Q850 “Risk Management: Guidelines for Decision Makers” • considers risk profile of facility or activity • covers • resource allocation • level of review, assessment and inspection • inspection frequency • regulatory approach to safety and licensing issues • licensing and regulatory decision of lower risk or facilities and activities is assigned to Designated Officers

16. Use of International Standards • Regulatory framework priorities are aligned to CNSC regulatory priorities as part of annual planning • Where appropriate, the CNSC adopts or adapts national and international standards when developing regulatory requirements • Consistent, robust and consultative process for making regulations

17. Use of International Standards (cont.) • Guidance documents are developed through a rigorous process • Drafting by technical experts and technical writers • Internal review and approvals • Multiple consultations and revision to address comments • Final approval by the Commission • The CNSC participates in standard-setting activities of the IAEA and the Canadian Standards Association [CSA]

18. Use of International Standards Examples • CNSC is committed to using international standards, specifically IAEA Safety Standards, as appropriate, in the effective implementation of its regulatory mandate (in line with the April 2007 Cabinet Directive on Streamlining Regulation). • IAEA standards serve as references/benchmarks for Canadian nuclear safety documents, mainly by referencing them in CNSC regulatory standards and guides. • CNSC makes much reference to an IAEA standard in one of its regulations - the Packaging and Transport of Nuclear Substances Regulations. These regulations specifically require licensees to comply with provisions of the IAEA’s Regulations for the Safe Transport of Radioactive Material, 1996 Edition (Rev.), being Safety Standards Series No. TS-R-1 (ST-1, Rev.)

19. Use of International Standards Examples (cont.) • Export control: CNSC uses IAEA INFCIRC/209 (Trigger List) and INFCIRC/254 (Nuclear Suppliers List). • Safeguards: CNSC uses Model IAEA Comprehensive Safeguards Agreement, INFCIRC 164, and the Model Additional Protocol to the Safeguards Agreement, INFCIRC 164 Add 1: basis for licence conditions CNSC. • Other safeguard documents: “Guidelines and Format for Preparation and Submission of Declarations Pursuant to Articles 2 and 3 of the Model Protocol Additional to Safeguards.... • Quality Management: good regulatory practices in Safety Standard Series GS-R-1 Requirements Document, Legal and Governmental Infrastructure for Nuclear, Radiation, Radioactive Waste and Transport Safety.