The Characteristics of an Effective Nuclear Regulator Dr. Michael Binder, President Canadian Nuclear Law Organization 2 nd Annual Nuclear Law Course
The 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 Disseminates objective scientific, technical and regulatory information to the public We will never compromise safety 2
The CNSC Regulates All Nuclear-Related Facilities and Activities in Canada 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 3
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 4
International Atomic Energy Agency: General Safety Requirements Part 1: Responsibilities and Functions of the Regulatory Body (GSR-1) 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 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 5
Nuclear Energy Agency: The Characteristics of an Effective Nuclear Regulator 1. Clear and consistent regulation 2. Consistent and balanced decision making 3. Accountability 4. Strong organizational capability 5. Management system 6. Leadership 7. Staffing 8. Continuous improvement, peer review and international involvement 9. Efficiency 10. Credibility, trust and respect 6
: Attributes of a World-Class Regulator The CNSC has identified its own attributes of a world-class regulator 1. Clear legislation and regulations 2. Safety focus 3. Independence 4. Openness and transparency 5. Technical competence 6. Modern, flexible regulatory framework 7. Science-based decision making 8. Dissemination of information 9. Well-managed and well-resourced organization 10. Continuous improvement 7
1. Clear Legislation and Regulations Nuclear Safety and Control Act (2000) mandate Modern framework for regulation of nuclear sector Separates regulating from promotion (Atomic Energy of Canada Limited) Covers health, safety, security and the environment, and international obligations Federal jurisdiction over all nuclear facilities and activities 8
1. Clear Legislation and Regulations (cont.) Authority and powers of the Commission 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 9
2. Safety Focus The CNSC s number-one priority no licence issued unless it is satisfied that the applicant can conduct activity safely Safety is not a defined term the Commission has the statutory authority to judge safety and to consider what would be an unreasonable risk Benchmark to safety standards International Atomic Energy Agency, International Commission on Radiological Protection, World Health Organization, Canadian Standards Association Precautionary and ALARA (as low as reasonably achievable) principles 10
3. Independence At arm s length from government decisions not subject to political influence or review 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 Transparent, science-based decision making 11
3. Independence (cont.) No promotional role Challenge only through judicial review in Federal Court Neutrality and integrity = credibility Clear roles and responsibilities 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 12
4. Openness and Transparency 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 Challenge everything - internally, domestically, internationally 13
5. Technical Competence Flexible and highly skilled workforce multi-disciplinary expertise ability to respond to industry and technology changes well-rounded management team 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 14
6. Modern, Flexible Regulatory Framework Adaptable to an evolving industry and changing regulatory expectations input sought from all stakeholders comments are dispositioned Modernizing our regulatory framework from 150+ regulatory documents to 56 in 26 major areas public consultation on all new regulatory documents, regulations and amendments Framework and five-year plan posted online 15
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 16
8. Dissemination of Information Key source of credible information scientific, technical and regulatory Ensures all issues are covered Commission proceedings duty to consult public consultations outreach Part of our mandate 17
9. Well-Managed and Well-Resourced Organization Healthy safety culture Flexible organization, able to respond to industry changes Cost-recovered from industry Management System to document all processes and procedures Departmental audit and evaluation Safety, both nuclear and conventional, is improved 18
10. Continuous Improvement Always looking for opportunities to continuously improve safety, knowledge and technology Peer reviews and International fora Canadian Nuclear Society, International Regulatory Review Service (IRRS), International Physical Protection Advisory Service (IPPAS), Operational Safety Review Team (OSART) Programme, etc. Undergoing and participating Research and publication international experts Ready for new technologies new build, deep geological repositories, small modular reactors No unnecessary delays to licensees schedules CNSC will not be the bottleneck Major Projects Management Office 19
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? 20
We will never compromise safety it s in our DNA! 21
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