8 Nuclear regulation in Canada

Table of Contents
1 Introduction
2 Electricity in Alberta
3 Options for meeting Alberta’s needs
4 An overview of nuclear power
5 Nuclear fuel management
6 Nuclear safety
7 Nuclear electricity in Alberta
8 Nuclear regulation in Canada
9 Conclusion

8.1 Overview
In Canada nuclear regulation is solely a federal jurisdiction, and provinces have no regulatory responsibilities specific to nuclear generation. This chapter outlines the role of the Canadian Nuclear Safety Commission and the process involved in applying for permission to construct and operate a new nuclear power plant.

8.2 Canadian Nuclear Safety Commission
Historically, nuclear regulation was carried out by the Atomic Energy Control Board (AECB) which was established by the Atomic Energy Control Act of 1946. The current national nuclear regulatory agency, the Canadian Nuclear Safety Commission (CNSC), was established by the Nuclear Safety and Control Act (NSCA) of 2000. This Act is the cornerstone of the CNSC’s regulatory framework.

The CNSC regulates 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.  It is an independent quasi-judicial agency which reports to Parliament through the Minister of Natural Resources. The CNSC is composed of a Commission Tribunal and a staff organization.

The Commission Tribunal is a quasi-judicial tribunal and court of record, which is responsible for:

• making transparent decisions on the licensing of  nuclear-related activities in Canada;
• establishing legally binding regulations;
• setting regulatory policy direction on matters relating to health, safety, security and environmental issues affecting the Canadian nuclear industry.

CNSC staff:

• review license applications;
• prepare regulations and regulatory documents (see below);
• enforce compliance with the NSCA, regulations, and any license conditions imposed by the Commission.

The CNSC issues regulatory documents to provide guidance to applicants (see Table 7). These documents are developed through a transparent consultative process involving licensees, government and non governmental organizations, and the general public.  These documents form the basis for the assessment of license applications.    

Licenses granted by the Commission may contain conditions that must be met by licensees in addition to the requirements of legislation and associated regulations. Table 7 outlines the NSCA regulations and other Canadian legislation with which applicants for a nuclear plant license must comply.

The CNSC is currently updating its regulatory framework for licensing new nuclear power plants to reflect Canada’s commitment to international standards and practices. The intention of the CNSC is to align the regulatory framework with the International Atomic Energy Agency (IAEA) nuclear safety standards which set out high-level safety goals that apply to all reactor designs. This alignment will assure Canadians that any new nuclear power plants built in Canada meet the highest international standards for health, safety, security and environmental protection.

8.3 Process for licensing new nuclear power plants
The lifecycle of a nuclear power plant can be divided into five major phases, each of which requires a separate license. These phases are:

1. Site preparation
2. Construction
3. Operation
4. Decommissioning, and
5. Abandonment

8.3.1 Environmental Assessment
A prerequisite for licensing is that an Environmental Assessment must meet the requirements of the Canadian Environmental Assessment Act (CEAA). This assessment establishes whether a project may have significant impacts on the environment and whether they can be mitigated. The environmental assessment for a nuclear project is carried out by the CNSC, but costs are paid for by the proponent.

The process is initiated when a proponent applies under the NSCA for a license to prepare a site. Additionally, the proponent must submit a complete project description, which is used by Federal departments and agencies to determine if any associated regulatory decisions are required.  This process is facilitated through the Major Projects Management Office, created by the Government of Canada to coordinate the necessary licensing and regulatory activities applicable to large projects.

The site-preparation application requires that  the proponent provide the Project Description, an Environmental Impact Statement (EIS), information on decommissioning plans and financial guarantees that sufficient funds will be available for decommissioning at any subsequent licensing stage.

The environmental assessment for a new nuclear plant considers all phases in the lifecycle of a nuclear power plant and may be conducted as either a comprehensive study or by a review panel.  Comprehensive studies must be conducted for large, complex projects that may have significant negative environmental impacts or which attract public interest and concern. The CNSC or the Federal Minister of the Environment can refer an application for a review by an Environmental Assessment panel, which provides a structured and focused review with public input.  Members of a review panel are appointed by the Federal Minister of the Environment.

While nuclear regulation is solely and entirely a federal jurisdiction, the CEAA makes provision for the Minister of Environment to enter into agreements with provincial and territorial governments where both governments have interests in an environmental assessment. This harmonization, through the appointment of a Joint Review Panel, is intended to avoid unnecessary overlap of assessment activities at two levels of government. Opportunities exist for participation and input from the public and other stakeholders throughout the environmental assessment process.

In such cases, the Joint Review Panel submits a report to the Minister of the Environment who makes the report publicly available. The Governor in Council considers the report and approves a Government Response which includes a recommendation on whether the CNSC can issue the Licence to Prepare Site for a new nuclear power plant.

8.3.2 Construction License Application
The application for a Licence to Construct requires the applicant to demonstrate that the proposed design of a nuclear power plant will meet regulatory requirements and that the plant can be safely operated on the approved site for the duration of its life. The information supplied by the applicant includes (but is not limited to) such items as:

• a description of the proposed design that takes into consideration site-specific physical and environmental characteristics;
• baseline environmental data for the site and surrounding areas;
• a Preliminary Safety Analysis Report (PSAR) that demonstrates design adequacy in meeting regulatory safety requirements;
• information on potential releases of nuclear substances and other hazardous materials together with proposed measures to control releases;
• measures to mitigate effects on the environment and health and safety of persons that may arise from construction, operation and decommissioning the facility; and
• programs and schedules for recruiting and training operations and maintenance staff.

8.3.3 Operating License Application
The application for a Licence to Operate requires that the applicant demonstrate to the CNSC that it has established safety management systems, plans and programs that will ensure safe and secure operation of the facility. This information includes but is not limited to such items as:

• description of structures, systems and equipment at the nuclear power plant;
• the design and operating conditions of the structures, systems and equipment;
• a Final Safety Analysis Report that demonstrates that safety requirements are met;
• methods, measures, policies and procedures for commissioning systems and equipments, operating  and maintaining the facility, handling nuclear substances and hazardous materials and controlling their release to the environment, nuclear security and emergency preparedness activities.

8.3.4 Decommissioning
At the end of a nuclear plant’s useful life it is decommissioned and over a period of time the site will be returned to “greenfield” conditions. A license from the CNSC to perform this decommissioning work is required. Information on decommissioning plans and financial guarantees for funding decommissioning must be provided at all stages of licensing to provide assurance that all necessary activities can be completed. 

For example, Ontario Power Generation (OPG) is responsible for the decommissioning and nuclear waste management associated with all nuclear stations in Ontario. The CNSC has approved financial guarantees totalling $9.999 billion related to these plants. Every year contributions are made to segregated accounts to fund future decommissioning and waste management activities and, as of the end of 2006, OPG had accumulated $7.5 billion for these purposes.

8.3.5 Licensing Timeframe
The regulatory process for licensing a new power plant, starting from the initial site application to commercial operation, requires that the applicant receive three separate licenses: one to prepare the site, the second to construct the plant and the third to operate the plant. The Nuclear Safety Control Act does not contain provisions for combined licenses for these three phases, as is the case in some international jurisdictions. However, applications to prepare a site, construct and operate the plant can be assessed in parallel. Since the CNSC conducts these licensing activities on a cost-recovery basis, the financial risk associated with parallel license assessments is borne by the applicants.

The CNSC has estimated that the approximate duration of licensing activities from receipt of an application for License to Prepare Site to License to Operate is approximately nine years, as shown in the table below. This estimate, based upon past experience takes into account some overlap in environmental assessment, licensing and applicant activities. The estimate is also contingent upon the CNSC having adequate resources to perform its reviews in a timely manner.

Figure 12 outlines the process for obtaining a license to construct or operate a new nuclear power plant. Source: CNSC (2008). CMD stands for ‘Commission
Member Document’ these are documents provided to the Commission (CNSC) members containing information and recommendations for approval.

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