Updated Nuclear Safeguards and Controls

Summary#

The Canadian Nuclear Safety Commission is proposing changes to the General Nuclear Safety and Control Regulations and the Nuclear Non-proliferation Import and Export Control Regulations. If adopted, the rules would widen who must report small amounts of nuclear material, add inspection and record-keeping steps, update export-control lists, and create some new low‑risk exemptions. The proposal was published on March 30, 2024 and is open for public comment for 75 days.

What it does#

• Broadens safeguards reporting and access under the General Nuclear Safety and Control Regulations:

  • Anyone who possesses uranium, plutonium‑239 or thorium would need to file an annual inventory report and report inventory changes within one business day.
  • People doing certain nuclear fuel‑cycle research or nuclear‑related manufacturing would need to report those activities by March 15 each year and give verification access to the International Atomic Energy Agency (IAEA) and the Canadian Nuclear Safety Commission.
  • Supporting records must be kept for at least five years after stopping the activity (or while the person still possesses the material).
  • The current requirement to physically show a CNSC licence to a customs officer when sending or receiving “prescribed information” at the border would be removed.

• Updates and clarifies export/import controls under the Nuclear Non-proliferation Import and Export Control Regulations:

  • The schedule of controlled items would be updated to match current international control lists (Zangger Committee “Trigger List” and Nuclear Suppliers Group guidelines). This includes adding, clarifying, or changing specific items (for example, graphic and technical definitions and thresholds).
  • Introduces licence exemptions for items judged very low risk (examples include many tritium‑containing self‑luminous devices such as watches and compasses, and small quantities of other items).
  • Licence applications would have to include an applicant’s Canada Revenue Agency business number (if applicable), an email address and a high‑level import/export process document.
  • Import/export records tied to a licence would have to be kept for six years after the licence expires.
  • Some administrative penalties would be added for failures to report, retain records or allow verification.

• Administrative changes:

  • Consequential edits are proposed to the CNSC’s administrative monetary penalty rules to reflect the new reporting and record‑keeping requirements.

Who's affected#

• Small laboratories, universities, hospitals and other small holders of nuclear substances who currently do not need a CNSC licence but possess small amounts of nuclear material. The CNSC estimates about 45 such small licensees or non‑licensees would be newly captured by the safeguards reporting rules.
• Companies and researchers doing nuclear fuel‑cycle‑related research, small modular reactor vendors, and manufacturers of specialized nuclear‑related parts.
• Businesses that import or export controlled nuclear substances, equipment or technical information. The CNSC estimates about 300 smaller licensees would need to submit an import/export process as part of licensing, and about 75 licensees would benefit from new low‑risk exemptions.
• The Canada Border Services Agency (CBSA) and CNSC staff — they would use the new identifiers and records to verify shipments more easily.
• If it is unclear whether a particular person or facility falls under the new rules, the proposal notes that some non‑licensees might not yet be known to the CNSC and could be later identified.

Why it matters#

• The government says the changes are intended to bring Canada’s rules into line with international non‑proliferation and safeguards commitments. That helps Canada meet its obligations under the Treaty on the Non‑Proliferation of Nuclear Weapons and related IAEA agreements.
• Real‑world effects:
  • More people and small organizations will need to track and report small quantities of nuclear material and some research/manufacturing activities. That means extra paperwork, record storage and occasional inspections.
  • Some low‑risk items would no longer need a licence to move internationally, which could reduce delays and save money for affected exporters/importers.
  • The CNSC estimates a net benefit to Canada of about $1.7 million over 10 years from the combined package, and industry savings (mainly from the new exemptions) of about $1.4 million (present‑value figures reported in the regulatory analysis). The proposal also shows specific estimated costs for businesses and government administration.
• This is a proposal, not final law. Interested people and organizations have 75 days from the Part I publication on March 30, 2024 to comment before the rules would be finalized.