The Characteristics of an
Effective Nuclear Regulator
Dr. Michael Binder, President
Canadian Nuclear Safety Commission
Canadian Nuclear Law Organization
2nd Annual Nuclear Law Course
November 12, 2015
nuclearsafety.gc.ca
2nd Annual Nuclear Law Course
The Canadian Nuclear Safety Commission
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Regulates the use of nuclear energy
and materials to protect the health,
safety and security of Canadians and
the environment and implement
Canada's international commitments
on the peaceful use of nuclear
energy
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Disseminates objective scientific,
technical and regulatory information
to the public
We will never compromise safety
Canadian Nuclear Safety Commission
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November 12, 2015
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2nd Annual Nuclear Law Course
The CNSC Regulates All Nuclear-Related
Facilities and Activities in Canada
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Uranium mines and mills
Uranium fuel fabricators and processing
Nuclear power plants
Waste management facilities
Nuclear substance processing
Industrial and medical applications
Nuclear research and educational
Import and export controls
…From cradle to grave
Canadian Nuclear Safety Commission
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2nd Annual Nuclear Law Course
International Baseline
The CNSC applies international
best practices. It has aligned with
the International Atomic Energy
Agency’s recommendations, as
well as those of the Nuclear Energy
Agency, on further improving
regulatory effectiveness and
strengthening its safety culture.
Always room for customization and improvement
Canadian Nuclear Safety Commission
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November 12, 2015
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2nd Annual Nuclear Law Course
International Atomic Energy Agency: General Safety Requirements Part 1:
Responsibilities and Functions of the Regulatory Body (GSR-1)
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Organizational structure / allocation of resources
Effective independence in regulatory functions
Staffing and competence
Management system
Liaison with advisory bodies / support organizations
Liaison between regulatory body and authorized parties
Stability and consistency of regulatory control
Authorization of facilities and activities
Demonstration of safety for the authorization of facilities
and activities
Review and assessment of information relevant to safety
Graded approach to review and assessment of a facility or
an activity
Inspection of facilities and activities
Canadian Nuclear Safety Commission
nuclearsafety.gc.ca
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Types of inspection of facilities and
activities
Graded approach to inspections of facilities
and activities
Establishment of an enforcement policy
Requiring of corrective action by
authorized parties
Regulations and guides
Review of regulations and guides
Promotion of regulations and guides to
interested parties
Safety-related records
Communication and consultation with
interested parties
November 12, 2015
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2nd Annual Nuclear Law Course
Nuclear Energy Agency: The Characteristics of an Effective
Nuclear Regulator
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Clear and consistent regulation
Consistent and balanced decision making
Accountability
Strong organizational capability
Management system
Leadership
Staffing
Continuous improvement, peer review
and international involvement
Efficiency
Credibility, trust and respect
Canadian Nuclear Safety Commission
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November 12, 2015
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2nd Annual Nuclear Law Course
Canadian Nuclear Safety Commission: Attributes of a World-Class
Regulator
The CNSC has identified its own attributes of a world-class regulator
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Clear legislation and regulations
Safety focus
Independence
Openness and transparency
Technical competence
Modern, flexible regulatory framework
Science-based decision making
Dissemination of information
Well-managed and well-resourced organization
Continuous improvement
Canadian Nuclear Safety Commission
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November 12, 2015
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2nd Annual Nuclear Law Course
1. Clear Legislation and Regulations
Nuclear Safety and Control Act (2000)
mandate
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Modern framework for regulation of nuclear
sector
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Separates regulating from promotion (Atomic
Energy of Canada Limited)
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Covers health, safety, security and the
environment, and international obligations
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Federal jurisdiction over all nuclear facilities
and activities
Canadian Nuclear Safety Commission
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November 12, 2015
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2nd Annual Nuclear Law Course
1. Clear Legislation and Regulations (cont.)
Authority and powers of the Commission
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Power to issue, renew, suspend, amend, revoke or
replace a licence
Power to impose any necessary licence condition,
including a financial guarantee
Power to compel appearance, evidence of witnesses; to
enforce decisions
Power to issue orders and administrative monetary
penalties
Authority to charge regulatory fees
Authority to make regulations, rules of procedure
Canadian Nuclear Safety Commission
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2nd Annual Nuclear Law Course
2. Safety Focus
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The CNSC ’s number-one priority
− no licence issued unless it is satisfied that the
applicant can conduct activity safely
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“Safety ” is not a defined term
− the Commission has the statutory authority
to judge safety and to consider what would
be an unreasonable risk
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Benchmark to safety standards
− International Atomic Energy Agency,
International Commission on Radiological
Protection, World Health Organization,
Canadian Standards Association
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Precautionary and ALARA (as low as
reasonably achievable) principles
Canadian Nuclear Safety Commission
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November 12, 2015
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3. Independence
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At arm’s length from government
− decisions not subject to political influence or review
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Independence, not isolation, from government
− quasi-judicial administrative tribunal
Reports to Parliament through Minister of Natural Resources
 Subject to directives on broad policy matters under section 19
of the Nuclear Safety and Control Act
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Transparent, science-based decision making
Canadian Nuclear Safety Commission
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November 12, 2015
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3. Independence (cont.)
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No promotional role
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Challenge only through judicial review
in Federal Court
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Neutrality and integrity = credibility
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Clear roles and responsibilities
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Appointments
− up to seven members; one designated
President, who is a full-time member
− Commission members appointed for fixed terms
(up to 5 years), on good behaviour
Canadian Nuclear Safety Commission
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4. Openness and Transparency
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Clear decision-making process
− Commission proceedings are public and webcast
− decisions, minutes and enforcement actions
posted on website
− public involvement / participant funding
− informal process – science-based
− staff provide expertise, advice to Commission
− transparency and accountability
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Challenge everything
- internally, domestically, internationally
Canadian Nuclear Safety Commission
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5. Technical Competence
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Flexible and highly skilled workforce
− multi-disciplinary expertise
− ability to respond to industry and technology
changes
− well-rounded management team
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Focus on continuous development
− supportive of staff self-improvement and
learning opportunities including post-graduate
studies
− speaker series, individual learning plans
Staff most important asset
Canadian Nuclear Safety Commission
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6. Modern, Flexible Regulatory Framework
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Adaptable to an evolving industry and
changing regulatory expectations
− input sought from all stakeholders
− comments are dispositioned
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Modernizing our regulatory framework
− from 150+ regulatory documents to
56 in 26 major areas
− public consultation on all new regulatory
documents, regulations and amendments
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Framework and five-year plan
− posted online
Canadian Nuclear Safety Commission
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7. Science-Based Decision Making
Decisions are risk informed, technically sound
and backed by credible scientific evidence
 How safe is safe?
 Ongoing compliance for the life of
the project
− licence conditions handbook and
compliance verification criteria
Decisions have a clear focus on safety
 Social acceptability and economic concerns
are not a consideration for licensing
Canadian Nuclear Safety Commission
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November 12, 2015
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8. Dissemination of Information
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Key source of credible information
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scientific, technical and regulatory
Ensures all issues are covered
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Commission proceedings
duty to consult
public consultations
outreach
Part of
our mandate
Canadian Nuclear Safety Commission
nuclearsafety.gc.ca
November 12, 2015
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2nd Annual Nuclear Law Course
9. Well-Managed and Well-Resourced Organization
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Healthy safety culture
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Flexible organization, able to respond
to industry changes
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Cost-recovered from industry
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Management System to document all
processes and procedures
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Departmental audit and evaluation
Safety, both nuclear and conventional, is improved
Canadian Nuclear Safety Commission
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November 12, 2015
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2nd Annual Nuclear Law Course
10. Continuous Improvement
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Always looking for opportunities to continuously
improve safety, knowledge and technology
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Peer reviews and International fora
C a n a d i a n N u c l e a r S o c i e t y, I nte r n a t i o n a l Re g u l a to r y Re v i e w S e r v i c e
( I R RS ) , I nte r n a t i o n a l P hys i c a l P ro te c t i o n A d v i s o r y S e r v i c e ( I P PA S ) ,
O p e ra t i o n a l S a fe t y Re v i e w Te a m ( O SA R T ) P ro g ra m m e , e tc .
− U n d e rgo i n g a n d p a r t i c i p a t i n g
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Research and publication
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Ready for new technologies
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i nte r n a t i o n a l ex p e r t s
n e w b u i l d , d e e p ge o l o g i c a l re p o s i to r i e s , s m a l l m o d u l a r re a c to rs
No unnecessary delays to licensees’ schedules
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C N S C w i l l n o t b e t h e b o tt l e n e c k
M a j o r P ro j e c t s M a n a ge m e n t O ff i c e
Canadian Nuclear Safety Commission
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November 12, 2015
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2nd Annual Nuclear Law Course
Current Challenges
 A changing industry
− rightsizing the regulator
 Changing demographics
− core competencies
 Readiness for the future
 Considerations for an international nuclear
regulator
− International Atomic Energy Agency oversight?
Canadian Nuclear Safety Commission
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November 12, 2015
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2nd Annual Nuclear Law Course
We will never
compromise safety…
…it’s in our DNA!
nuclearsafety.gc.ca
Canadian Nuclear Safety Commission
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