Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Radiation Protection): SOR/2020-237

Canada Gazette, Part II, Volume 154, Number 24

Registration
SOR/2020-237 November 3, 2020

NUCLEAR SAFETY AND CONTROL ACT

P.C. 2020-846 October 30, 2020

The Canadian Nuclear Safety Commission, pursuant to section 44 footnote a of the Nuclear Safety and Control Act footnote b, makes the annexed Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Radiation Protection).

Ottawa, August 31, 2020

Rumina Velshi
President of the Canadian Nuclear Safety Commission

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 44footnote a of the Nuclear Safety and Control Act footnote b, approves the annexed Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Radiation Protection), made by the Canadian Nuclear Safety Commission.

Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Radiation Protection)

Radiation Protection Regulations

1 (1) The definitions working level and working level month in subsection 1(1) of the Radiation Protection Regulations footnote 1 are repealed.

(2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

caregiver
means a person who willingly and voluntarily — and not as an occupation — helps in the support and comfort of a person who has been administered a nuclear substance for therapeutic purposes as directed by a medical practitioner who is qualified to give such direction under the applicable provincial legislation. (personne soignante)

(3) Subsection 1(2) of the Regulations is replaced by the following:

(2) For the purpose of the definition dosimetry service in section 2 of the Act, a dosimetry service is a facility that is licensed by the Commission to measure and monitor radiation doses.

2 Subsection 2(2) of the Regulations is replaced by the following:

(2) These Regulations do not apply to a licensee in respect of a dose of radiation received by or committed to a person

3 Section 3 of the Regulations is replaced by the following:

3 When a nuclear substance is administered to a person for therapeutic purposes, the licensee must inform the person of methods for reducing the exposure of others — including the caregiver or anyone else providing care and assistance — to radiation from the person.

4 The portion of section 4 of the Regulations before subparagraph (i) is replaced by the following:

4 Every licensee must implement a radiation protection program and must, as part of that program,

5 (1) Subsection 5(1) of the English version of the Regulations is replaced by the following:

5 (1) For the purpose of keeping a record of doses of radiation in accordance with section 27 of the Act, every licensee must ascertain and record the magnitude of exposure to radon progeny of each person referred to in that section, as well as the effective dose and equivalent dose received by and committed to that person.

(2) The portion of subsection 5(2) of the English version of the Regulations before paragraph (a) is replaced by the following:

(2) A licensee must ascertain the magnitude of exposure to radon progeny and the effective dose and equivalent dose

6 The portion of subsection 6(2) of the English version of the Regulations before paragraph (a) is replaced by the following:

(2) When a licensee becomes aware that an action level referred to in the licence for the purpose of this subsection has been reached, the licensee must

7 Section 7 of the Regulations is replaced by the following:

7 (1) Every licensee must inform each nuclear energy worker, in writing,

(2) Every licensee must inform each female nuclear energy worker, in writing,

(3) Every licensee must obtain from each nuclear energy worker who is informed of the matters referred to in paragraphs (1)(a) and (b) and subsection (2) a written acknowledgement that the worker has received the information.

8 (1) Section 8 of the Regulations is replaced by the following:

8 Every licensee must use a licensed dosimetry service to measure and monitor the doses of radiation received by and committed to nuclear energy workers who have a reasonable probability of receiving

(2) Section 8 of the Regulations is renumbered as subsection (1) and is amended by adding the following:

(2) Every licensee referred to in subsection (1) must provide the following information to the licensed dosimetry service with respect to each nuclear energy worker referred to in subsection (1):

9 Section 9 of the Regulations is replaced by the following:

9 If a licensee collects personal information, as defined in section 3 of the Privacy Act, that may be required to be disclosed to the Commission, another government institution, as defined in that section, or a licensed dosimetry service, the licensee must inform the person to whom the information relates of the purpose for which it is being collected.

10 Paragraph 10(c) of the Regulations is replaced by the following:

11 Section 11 of the Regulations and the heading before it are replaced by the following:

Pregnant and Breastfeeding Nuclear Energy Workers

11 (1) On being informed by a female nuclear energy worker, in writing, that she is pregnant, the licensee must, in order to comply with section 13, make any accommodation that will not result in costs or business inconvenience constituting undue hardship to the licensee.

(2) On being informed by a female nuclear energy worker, in writing, that she is breastfeeding an infant, the licensee must, in order to limit intakes of nuclear substances by the worker, make any accommodation to the working conditions that will not result in costs or business inconvenience constituting undue hardship to the licensee.

12 The heading “Définitions” before section 12 of the French version of the Regulations is replaced by the following:

Interprétation

13 Subsection 12(1) of the Regulations is repealed.

14 (1) The portion of subsection 13(1) of the English version of the Regulations before the table is replaced by the following:

13 (1) Every licensee must ensure that the effective dose received by and committed to a person described in column 1 of the table to this subsection, during the period set out in column 2, does not exceed the effective dose set out in column 3.

(2) The table to subsection 13(1) of the Regulations is replaced by the following:

TABLE
Item

Column 1

Person

Column 2

Period

Column 3

Effective Dose (mSv)
1 Nuclear energy worker, including a female nuclear energy worker who is breastfeeding and a female nuclear energy worker who is pregnant but who has not yet informed the licensee in writing that she is pregnant (a) One-year dosimetry period 50
(b) Five-year dosimetry period 100
2 Pregnant nuclear energy worker who has informed the licensee in writing that she is pregnant Balance of the pregnancy starting from the date on which the licensee has been informed of the pregnancy 4
3 Person who is not a nuclear energy worker One calendar year 1

(3) Subsections 13(2) to (4) of the Regulations are repealed.

15 (1) The portion of subsection 14(1) of the English version of the Regulations before the table is replaced by the following:

14 (1) Every licensee must ensure that the equivalent dose received by and committed to an organ or tissue set out in column 1 of the table to this subsection, of a person described in column 2, during the period set out in column 3, does not exceed the equivalent dose set out in column 4.

(2) Item 1 of the table to subsection 14(1) to the Regulations is replaced by the following:

Item

Column 1

Organ or Tissue

Column 2

Person

Column 3

Period

Column 4

Equivalent Dose
(mSv)
1 Lens of an eye (a) Nuclear energy worker One-year dosimetry period 50
(b) Any other person One calendar year 15

16 (1) Paragraph 16(b) of the Regulations is replaced by the following:

(2) Paragraph 16(e) of the Regulations is replaced by the following:

17 (1) The portion of section 18 of the English version of the Regulations before paragraph (a) is replaced by the following:

18 An application for a licence to operate a dosimetry service must contain the following information in addition to the information required by section 3 of the General Nuclear Safety and Control Regulations:

(2) Paragraphs 18(b) and (c) of the Regulations are replaced by the following:

18 Paragraph 19(c) of the Regulations is replaced by the following:

19 (1) The portion of subsection 20(1) of the Regulations before paragraph (a) is replaced by the following:

20 (1) No person shall possess a container or device that contains a nuclear substance unless the container or device is labelled with

(2) Paragraphs 20(2)(b) to (d) of the Regulations are replaced by the following:

(3) Section 20 of the Regulations is amended by adding the following after subsection (2):

(3) Paragraph (1)(b) does not apply in respect of a container that is used to temporarily hold nuclear substances.

20 Section 21 of the Regulations is replaced by the following:

21 (1) Every licensee must post and keep posted, at the boundary of and at every point of access to an area, room, vehicle or enclosure, a durable and legible sign that bears the radiation warning symbol set out in Schedule 3 and the words “RAYONNEMENT — DANGER — RADIATION”, if

(2) Subsection (1) does not apply in respect of a vehicle containing a consignment, as defined in the Packaging and Transport of Nuclear Substances Regulations, 2015.

21 The heading before section 24 of the French version of the Regulations is replaced by the following:

Documents à tenir par le titulaire de permis

22 Sections 24 and 25 of the Regulations are replaced by the following:

24 (1) Every licensee must keep a record of the name and job category of each nuclear energy worker.

(2) Every licensee must keep a record of doses of radiation and retain it for a period ending on the fifth anniversary of the day on which the information is collected.

Radiation Detection and Measurement Instrumentation

25 Every licensee must ensure that instruments and equipment that are used for radiation measurements are selected, tested and calibrated for their intended use.

23 Schedules 1 and 2 to the Regulations are replaced by the Schedules 1 and 2 set out in the schedule to these Regulations.

Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)

24 Part 3 of the schedule to the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) footnote 2 is replaced by the following:

PART 3

Radiation Protection Regulations
Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Category
1 3 Failure to inform persons being administered therapy of methods for reducing the exposure of others to radiation B
2 4(a)(i) Failure to keep the effective dose and equivalent dose as low as reasonably achievable, taking into account social and economic factors, through the implementation of management control over work practices B
3 4(a)(ii) Failure to keep the effective dose and equivalent dose as low as reasonably achievable, taking into account social and economic factors, through the implementation of personnel qualification and training B
4 4(a)(iii) Failure to keep the effective dose and equivalent dose as low as reasonably achievable, taking into account social and economic factors, through the implementation of control of occupational and public exposure to radiation B
5 4(a)(iv) Failure to keep the effective dose and equivalent dose as low as reasonably achievable, taking into account social and economic factors, through the implementation of planning for unusual situations B
6 4(b) Failure to ascertain the quantity and concentration of any nuclear substance released as a result of a licensed activity B
7 5 Failure to ascertain and record as required B
8 6(2)(a) Failure to conduct an investigation after becoming aware that an action level is reached B
9 6(2)(b) Failure to identify and take action to restore the effectiveness of the radiation protection program after becoming aware that an action level is reached B
10 6(2)(c) Failure to notify the Commission within the specified period after becoming aware that an action level is reached B
11 7(1)(a) Failure to inform nuclear energy workers in writing of the fact that they are nuclear energy workers A
12 7(1)(b) Failure to inform nuclear energy workers in writing of the risks associated with radiation A
13 7(1)(c) Failure to inform nuclear energy workers in writing of the effective and equivalent dose limits A
14 7(1)(d) Failure to inform nuclear energy workers in writing of their radiation dose levels on an annual basis A
15 7(1)(e) Failure to inform nuclear energy workers in writing of their responsibilities during an emergency and the associated risks A
16 7(2)(a) Failure to inform female nuclear energy workers in writing of the risks associated with the exposure of embryos and fetuses to radiation and the risks to breastfed infants from the intake of nuclear substances B
17 7(2)(b) Failure to inform female nuclear energy workers in writing of the importance of informing the licensee in writing that they are pregnant or breastfeeding B
18 7(2)(c) Failure to inform female nuclear energy workers in writing of the rights of pregnant nuclear energy workers and breastfeeding nuclear energy workers B
19 7(2)(d) Failure to inform female nuclear energy workers in writing of the applicable effective dose limits for pregnant nuclear energy workers B
20 7(3) Failure to obtain written acknowledgement from nuclear energy workers that the specified information was received A
21 8(1) Failure to use a licensed dosimetry service to measure and monitor doses of radiation received by nuclear energy workers B
22 8(2) Failure to provide the specified information to the licensed dosimetry service B
23 9 Failure to inform a person of the purpose for collecting their personal information A
24 10 Failure of a nuclear energy worker to provide the specified information on request of the licensee A
25 11(1) Failure to accommodate a female nuclear energy worker who is pregnant A
26 11(2) Failure to accommodate a female nuclear energy worker who is breastfeeding B
27 13 Failure to ensure that the effective dose limit is not exceeded C
28 14 Failure to ensure that the equivalent dose limit is not exceeded C
29 15(2) Failure to ensure that the effective or equivalent dose limit received by a person participating in the control of an emergency is not exceeded B
30 15(3) Failure to ensure that the effective or equivalent dose received by a person taking a specific action during the control of an emergency is not exceeded B
31 15(4) Failure to ensure that the effective or equivalent dose received by a person taking more than one specific action during the control of an emergency is not exceeded B
32 15(5) Failure to limit radiation doses received by a person participating in the control of an emergency to a level as low as reasonably achievable B
33 15(6) Failure to notify the person who received the dose of radiation and the Commission as soon as feasible after a radiation dose limit is exceeded B
34 15(7) Requesting a pregnant woman to participate in the control of an emergency B
35 16(a) Failure to immediately notify a person and the Commission after a radiation dose limit may have been exceeded B
36 16(b) Failure to require a person to leave any work that is likely to add to the dose if the person may have or has exceeded the dose limit for a nuclear energy worker B
37 16(c) Failure to conduct an investigation to determine the magnitude of the dose and to establish the causes of the exposure B
38 16(d) Failure to take action to prevent similar incidents after a dose limit may have been exceeded B
39 16(e) Failure to report the results of the investigation on the exceeded dose limit to the Commission within the specified period B
40 19 Failure of the licensee operating a dosimetry service to file information on nuclear energy workers with the National Dose Registry A
41 20(1) Possession of a container or device containing a nuclear substance without proper labelling B
42 21 Failure to post radiation warning signs B
43 22 Use of an improper radiation warning symbol A
44 23 Frivolous posting of radiation warning signs A
45 24(1) Failure to keep a record of the name and job category of each nuclear energy worker B
46 24(2) Failure to keep a record of doses of radiation for five years B
47 25 Failure to ensure that instruments and equipment are selected, tested and calibrated for their intended use B

Coming into Force

25 (1) Subject to subsection (2), these Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

(2) Subsection 8(2), section 10, subsection 15(2) and section 18 come into force on January 1, 2021.

SCHEDULE

(Section 23)

SCHEDULE 1

(Subsection 1(1))

Organ or Tissue Weighting Factors
Item

Column 1

Organ or Tissue

Column 2

Weighting Factor
1 Gonads (testes or ovaries) 0.08
2 Red bone marrow 0.12
3 Colon 0.12
4 Lung 0.12
5 Stomach 0.12
6 Bladder 0.04
7 Breast 0.12
8 Liver 0.04
9 Esophagus 0.04
10 Thyroid gland 0.04
11 Skin table a4 note 1 0.01
12 Bone surfaces 0.01
13 Brain 0.01
14 Salivary glands 0.01
15 All organs and tissues not listed in items 1 to 14 (remainder organs and tissues) collectively, namely the adrenals, extra-thoracic region, gallbladder, heart, kidneys, lymphatic nodes, muscle, oral mucosa, pancreas, small intestine, spleen, thymus and prostate or uterus/cervix table a4 note 2 table a4 note 3 0.12
16 Whole body 1.00

Table a4 notes

Table a4 note 1

The weighting factor for skin applies only when the skin of the whole body is exposed.

Return to table a4 note 1 referrer

Table a4 note 2

The weighting factor for the remainder organs and tissues applies to the arithmetic mean dose of the 13 remainder organs and tissues.

Return to table a4 note 2 referrer

Table a4 note 3

Hands, feet and the lens of an eye have no weighting factor.

Return to table a4 note 3 referrer

SCHEDULE 2

(Subsection 1(1))

Radiation Weighting Factors

Item

Column 1

Type of Radiation

Column 2

Weighting Factor

1

Photons, all energies

1

2

Electrons and muons, all energies table a5 note 1

1

3

Protons and charged pions

2

4

Alpha particles, fission fragments and heavy ions

20

5

Neutrons

A continuous function of neutron energy table a5 note 2

Table a5 notes

Table a5 note 1

Excluding Auger electrons emitted from nuclei bound to DNA.

Return to table a5 note 1 referrer

Table a5 note 2

Radiation weighting factors for these neutrons may also be obtained by referring to the continuous curve shown in Figure 1, and Equation 4.3, on page 66 of the English version of The 2007 Recommendations of the International Commission on Radiological Protection, ICRP Publication 103, published in 2007.

Return to table a5 note 2 referrer

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Radiation Protection Regulations (the Regulations) play an important role in limiting radiation doses to workers and members of the public. The Regulations also require that all Canadian Nuclear Safety Commission (CNSC) licensees implement radiation protection programs that keep exposure to ionizing radiation below regulatory limits and as low as reasonably achievable (ALARA), social and economic factors taken into account.

The Regulations came into force in 2000. In 2017, they were amended to address emergencies following the Fukushima event in 2011. However, the balance of the Regulations has not been updated since 2000. The current science in radiation protection indicates that the radiation protection requirements need to be updated to enhance the health and safety of workers, the public and the environment.

Background

The CNSC regulates the use of nuclear energy and materials to protect the health, safety and security of Canadians and the environment; to implement Canada’s international commitments on the peaceful use of nuclear energy; and to disseminate objective scientific, technical and regulatory information to the public. Before any person can prepare a site for, construct, operate, decommission, or abandon a nuclear facility — or possess, transfer, use, transport or store nuclear substances, prescribed equipment or prescribed information — they must obtain a licence from the CNSC.

These activities are regulated in accordance with the Nuclear Safety and Control Act (NSCA), which establishes the CNSC’s authority to set regulatory requirements for all nuclear-related activities in Canada. The CNSC’s regulatory framework consists of laws passed by Parliament that govern the regulation of Canada’s nuclear industry, and regulations, licences and regulatory documents that the CNSC uses to regulate the industry.

The Regulations are based on the work of the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR), the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency (IAEA). Drawing on the work of these organizations enables the CNSC to build on the most recent advancements in safety to enhance Canadian requirements.

ICRP recommendations are periodically updated so that they remain relevant, useful and suitable for worldwide use. The ICRP published a revised set of recommendations for its system of radiological protection in 2007 in ICRP Publication 103 (ICRP 103). The revised recommendations incorporate updates based on more recent scientific information, as well as new guidance on controlling radiation exposure.

The IAEA, in cooperation with co-sponsoring organizations, revised its 1996 International Basic Safety Standards, and incorporated the newer ICRP recommendations and other safety-related improvements. The IAEA published the revised standard, General Safety Requirements (GSR), Part 3, in 2014. The updated requirements in GSR Part 3 are designed to be incorporated into the national and regional regulations of IAEA Member States, including Canada.

The CNSC reviewed the Regulations against these updated international radiation protection standards for opportunities to enhance safety, provide additional clarity and address specific gaps that have arisen since the Regulations were introduced in 2000.

Objective

The objective of the amendments to the Regulations is to enhance radiation protection for workers, the public and the environment based on international standards for radiation protection and the CNSC’s regulatory operational experience.

Description of the amendments to the Radiation Protection Regulations

Interpretation

The definitions of “working level” and “working level month” have been deleted from the Regulations because they apply to mathematical formulas for calculating effective doses which have been removed from section 13, “Effective Dose Limits.”

The definition of “dosimetry service” has also been clarified; it is a facility that is licensed by the Commission to measure and monitor radiation doses.

The definition of “caregiver” has been added to the Regulations; a caregiver is a person who “willingly and voluntarily — and not as an occupation — helps in the support and comfort of a person who has been administered a nuclear substance for therapeutic purposes . . . .”

Application

The amended Regulations do not apply to licensees in respect of a dose of radiation received by or committed to a person acting as a caregiver. This amendment formalizes an existing licensee exemption from the Regulations concerning doses received by non-occupational caregivers, granted by the Commission until the Regulations were updated.

Administration of nuclear substances for medical purposes

When patients receive a nuclear substance for therapeutic purposes, the licensee is required under the Regulations to inform them of methods for reducing the exposure of others before they leave the place where they received the treatment. Under the amended Regulations, licensees are no longer required to provide this information before patients leave the place where they received treatment; rather, it can be provided in a manner that is convenient and specific to the situation.

Radiation protection program

The Regulations are amended to remove the specific reference to radon progeny exposure, because the mathematical formulas for calculating effective doses have been removed from section 13, “Effective Dose Limits.”

Provision of information — Frequency of informing nuclear energy workers of their radiation dose levels in writing

Currently, the Regulations require licensees to inform each nuclear energy worker (NEW) of their radiation dose levels, in writing. The amended Regulations add a frequency to the requirement; they specify that NEWs are to be informed of their radiation dose levels annually.

Provision of information — Requirement related to emergencies

The Regulations are amended to require all licensees to inform each NEW, in writing, of their responsibilities during an emergency, as well as the risks associated with radiation to which they may be exposed during the control of an emergency.

Provision of information — Requirements related to pregnant NEWs and breastfeeding NEWs

The provision requiring female NEWs to disclose their pregnancy to the licensee has been removed from the Regulations. The Regulations are amended to require licensees to inform every female NEW about the importance of notifying the licensee, as soon as feasible and in writing, upon learning that she is pregnant. Licensees are also required to make reasonable accommodations for female NEWs who have disclosed that they are pregnant.

The Regulations are amended to require licensees to

Requirement to use a licensed dosimetry service — Equivalent dose to the skin or to the hands and feet

The Regulations are amended to require licensees to use a licensed dosimetry service (LDS) to measure and monitor radiation doses to NEWs who have a reasonable probability of receiving an equivalent dose to the skin or to the hands and feet that is greater than 50 mSv in a one-year dosimetry period. As well, the Regulations are amended to require a licensee whose NEWs must be monitored by an LDS to provide the required information to the LDS for the purpose of reporting doses to Health Canada’s National Dose Registry (NDR).

Nuclear energy workers — Personal information for dose records

The Regulations are amended to replace the term “sex” with the term “gender” in the list of personal information that must be collected from NEWs for the purpose of filing dose records in Health Canada’s NDR.

Effective dose limits — Formulas for calculating effective dose

The mathematical formulas for calculating effective doses have been removed from the Regulations. The methods for calculating effective doses are now found in CNSC draft regulatory document REGDOC-2.7.2, Dosimetry, Volume I: Ascertaining Occupational Dose.

Equivalent dose limits — Equivalent dose limit for the lens of an eye

The Regulations have been amended to reduce the equivalent dose limit for the lens of an eye for a NEW from 150 mSv to 50 mSv in a one-year dosimetry period.

When dose limit is exceeded

Under the existing Regulations, the licensee must remove a person from work if that person may have or has exceeded any of the dose limits set out in sections 13 and 14. The requirement has been amended to only require the person to be removed from work if they exceed any dose limits for NEWs.

Application for licence to operate

The requirements regarding an application for a licence to operate a dosimetry service have been amended to

Labelling of containers and devices

The Regulations are amended to exempt devices that contain radium luminous compounds from the labelling requirements if radium is the only nuclear substance in the device and the device is intact and has not been tampered with.

The Regulations are amended to clarify that containers used to temporarily hold nuclear substances must be marked with the radiation warning symbol (trefoil) and the words “RAYONNEMENT – DANGER – RADIATION” to alert workers to the potential radiological hazards of the contents.

Posting of signs at boundaries and points of access

The Regulations are amended to exempt licensees from the requirements for posting signs at boundaries and points of access for vehicles containing consignments for transport.

Records to be kept by licensees

The Regulations are amended to require all licensees to maintain dose records for a period ending on the fifth anniversary of the day on which the information is collected.

Radiation detection and measurement instrumentation

The Regulations are amended to require licensees to ensure that radiation detection and measurement instrumentation is selected, tested and calibrated for its intended use.

Organ or tissue weighting factors and radiation weighting factors

The weighting factors in the Regulations have been amended so that they are consistent with ICRP 103.

Update to the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)

Under the NSCA and its regulations, the CNSC applies various compliance and enforcement measures that include issuing administrative monetary penalties. The specific provisions against which a penalty may be applied are listed in the schedule to the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) [AMPR]. The amendments to the Regulations required consequential amendments to the schedule of violations in the AMPR.

Regulatory development

Early consultation

In 2013, the CNSC released discussion paper DIS-13-01, Proposals to Amend the Radiation Protection Regulations, for a 120-day public comment period. The CNSC sought input from stakeholders and the public via its website and Facebook page, and it forwarded an information bulletin to its stakeholders. The consultation notice was also posted on Consulting with Canadians, a Government of Canada website.

The CNSC received comments from a broad range of stakeholders representing government, industry associations and organizations, the uranium mining and exploration sector, health care facilities and hospitals, and nuclear power plant and research reactor licensees. The CNSC received 42 submissions with more than 400 comments on the proposed changes to the Regulations.

Overall, stakeholders supported the clarification of regulatory expectations, updates to terminology and amendments that reduced the regulatory burden. Concerns were raised about some of the proposed amendments that had the perceived potential to increase the administrative or compliance burden for licensees because of the changes. It was recommended that some of the proposed revisions be captured in the CNSC’s regulatory documents rather than in the Regulations. A What We Heard Report published in October 2015 summarized the feedback received and shared with stakeholders the planned path forward for the project.

In addition to the consultation through the discussion paper process, CNSC staff also conducted 39 outreach activities from 2013 to 2017 to discuss the proposed amendments with stakeholders.

Prepublication

The draft Regulations were prepublished in the Canada Gazette, Part I (Volume 153, Number 24), on June 15, 2019, for a 30-day comment period. Stakeholders were encouraged to provide feedback on the potential impacts of the proposed regulatory initiatives, including any financial burden or costs to businesses. The CNSC received 85 comments from 20 different stakeholders, including nuclear power plant licensees, uranium mines and mills licensees, hospitals, cancer clinic physicians, skilled trade unions and one member of the public.

Positive feedback was received on many of the amendments in the proposed Regulations including

In addition to the updated Regulations, two new CNSC regulatory documents have been developed to clarify regulatory requirements and provide detailed guidance to help licensees and applicants meet the requirements set out in the Regulations:

Public consultation on these documents coincided with the prepublication of the proposed amendments to the Regulations in the Canada Gazette, Part I, to ensure that stakeholders could review the regulatory proposal, including the supporting details in the regulatory documents. Based on stakeholder feedback from prepublication, the CNSC is revising the draft documents to reflect changes to the regulatory proposal and to ensure the clarity of requirements. The CNSC is sharing the draft documents and detailed comments tables that explain how the CNSC addressed comments received with those who commented and with civil society groups. The CNSC will take any further comments received into consideration before presenting the documents to the Commission at a public meeting for publication approval. See the CNSC’s regulatory documents web page for more information.

Based on stakeholder feedback, the CNSC revised the Regulations and added detailed regulatory guidance in the draft regulatory documents to clarify expectations and address stakeholders’ concerns.

Provision of information — Emergencies

The Regulations require licensees to provide specific information to each NEW. The CNSC had proposed a requirement for licensees to inform all NEWs of their “duties and responsibilities” in an emergency. Stakeholders asked to have the word “duties” removed, because they consider duties to be specific to a particular emergency, and these may or may not be known in advance of an actual emergency. Stakeholders indicated that the term “responsibilities” meets the intent and is flexible enough, given the variety of emergency scenarios. The Regulations have been revised accordingly. As well, detailed regulatory guidance has been added to draft REGDOC-2.7.1 to clarify expectations and address stakeholders’ concerns.

Nuclear energy workers

Stakeholders requested a new requirement: that each NEW provide their current postal or email address to the licensee to ensure that the licensee has all the information necessary to give each worker their radiation dose levels annually. The CNSC did not add this requirement to the Regulations because the means of communication used with workers is a matter to be decided by the licensee and the NEW.

Amendments related to pregnant NEWs and breastfeeding NEWs

Most stakeholders supported the CNSC’s alignment with the international practice of voluntary self-disclosure of pregnancy and breastfeeding. Some stakeholders were concerned about the potential increased risk to the fetus and breastfed infant where a female NEW chooses not to inform the licensee of her pregnancy or breastfeeding in a timely manner. To address these concerns, the CNSC has added extensive guidance in draft REGDOC-2.7.1 on providing information about risks to female NEWs and accommodations for female NEWs who have disclosed that they are pregnant or breastfeeding.

Personal information for dose records

To align the Regulations with the Government of Canada’s standards for the collection of personal information, one of the proposed amendments was to change the term “sex” to the term “gender.”

Some stakeholders expressed concerns about the capacity of Health Canada’s NDR to accept the change, the potential impact on epidemiological studies and the time required for implementing the new requirements. Health Canada has confirmed that the NDR can accept the new gender identifier. Health Canada expects the change will have minimal impact on epidemiological studies.

Equivalent dose limits — Equivalent dose limits for the hands and feet

The Regulations define the equivalent dose limits for the skin, hands and feet, and lens of an eye.

The CNSC had proposed changing “hands and feet” to the “skin of each hand and foot” to more accurately reflect how equivalent dose to the hands and feet is measured. However, stakeholders indicated that it created more confusion because a dose limit for skin already exists. The CNSC agrees that the current wording, “hands and feet,” is appropriate; it did not make the proposed change.

To avoid further confusion, the CNSC has ensured that draft regulatory documents REGDOC-2.7.1 and REGDOC-2.7.2, Volume I, contain detailed guidance on how to monitor and measure the equivalent dose to the hands and feet.

Equivalent dose limits — Equivalent dose limits for the lens of an eye for NEWs

The CNSC proposed two changes to the equivalent dose limit for the lens of an eye. The first change was to lower the current equivalent dose limit for the lens of an eye for a NEW from 150 mSv in a year to 50 mSv in a one-year dosimetry period. The second was to introduce a new equivalent dose limit for a NEW for the lens of an eye of 100 mSv in a five-year dosimetry period.

Stakeholders provided extensive feedback on these proposed amendments, including their general agreement with the proposed dose limit for a one-year dosimetry period. However, the stakeholders had concerns about the science that underpins the ICRP recommendation for a five-year dose limit and cited implementation challenges, including concerns about the current lack of a licensed dosimeter for measuring this dose in Canada. They also expressed significant concerns about the costs of implementing and managing exposures to the lens of an eye below the average dose of 20 mSv per year, especially in high-hazard work in nuclear power plant refurbishments. Some stakeholders indicated that in certain situations, a five-year limit could restrict worker employment. Furthermore, a group of stakeholders felt that the costing analysis presented in the Regulatory Impact Analysis Statement (RIAS) did not accurately reflect the group’s anticipated costs for implementation.

Based on an analysis of all available information, the CNSC is not moving forward with the proposed five-year dose limit for the lens of an eye. The equivalent dose limit for the lens of an eye for a NEW will be 50 mSv in a one-year dosimetry period; this limit will come into force on January 1, 2021, to coincide with the start of the next dosimetry period for measuring and monitoring doses, as established in the Regulations. The CNSC has developed additional guidance in draft REGDOC-2.7.1 and draft REGDOC-2.7.2, Volume I, to clarify its expectations.

The path forward enhances worker protection by lowering the equivalent dose limit for the lens of an eye for a NEW in a one-year dosimetry period. It will address stakeholder concerns regarding impacts on worker employment, and it will give industry and academia time to further research the science that supports the ICRP’s recommendations. In addition, it will allow time for licensed dosimetry to be developed in Canada and for practical implementation challenges to be addressed. Licensees are still expected to have measures in place in their radiation protection programs to manage cumulative doses to the lens. Additional guidance clarifying the CNSC’s expectations on this topic has been added to REGDOC-2.7.1. Future amendments to the dose limit for the lens of an eye, including the adoption of a five-year dose limit, will be considered during the next review of the Regulations, scheduled in 2025.

Labelling of containers and devices

Based on stakeholder feedback, the proposed wording of the new requirement for the labelling of containers used to temporarily store nuclear substances was revised to enhance clarity. The text was changed from “temporarily store nuclear substances” to “temporarily hold nuclear substances.”

Stakeholders proposed additional changes for the labelling of containers and devices. The CNSC determined that these proposals were out of scope for this stage of the regulatory amendment process. The proposals require substantial additional analysis and consultation with all CNSC licensees, which would unnecessarily delay this important project to modernize the regulations. Additional guidance has been added to draft REGDOC-2.7.1 to clarify regulatory expectations and to address stakeholder concerns.

Posting of signs at boundaries and points of access

Stakeholders introduced new proposals on requirements for posting signs at boundaries and points of access, and they requested an exemption for facilities whose purpose is to conduct bulk processing and handling of radioactive materials. The new proposals require substantial additional analysis and consultation with all CNSC licensees, which would unnecessarily delay this important project to modernize the regulations. The CNSC is open to further discussions with stakeholders on their issues of concern, and these proposals will be considered at the next review of the Regulations.

Administrative Monetary Penalties Regulations

Six large stakeholders requested the following changes to Part 3 of the Schedule to the Administrative Monetary Penalties Regulations (AMPR):

Regulatory analysis

Benefits and costs

To determine the cost impacts of the amendments to the Regulations, the CNSC used regulatory operational experience and data available from sources such as Health Canada’s NDR. This information formed the basis for the estimates in the RIAS that was included with the regulatory proposal, prepublished in the Canada Gazette, Part I. The calculations were developed in accordance with Treasury Board guidelines for a 10-year period, from 2021 to 2030. Some estimated costs may be incurred upfront or happen once, while others are ongoing. All costs are annualized over the 10-year period to ensure that upfront and ongoing costs are presented the same way.

The CNSC considered both administrative and compliance costs. Administrative costs, as defined by the Red Tape Reduction Act, refer to activities that are necessary to demonstrate compliance with new regulatory requirements, including collecting, processing, reporting and retaining information, and completing forms. Compliance burden results in the need to modify work activities.

The Regulations will cause compliance costs to rise due to the new measures to be undertaken. The CNSC received feedback from several large stakeholders that cost estimates had been significantly underestimated in the RIAS that was published in the Canada Gazette. In fall 2019, the CNSC began working with these stakeholders to determine how to more accurately reflect their anticipated higher costs. In March 2020, the CNSC received detailed submissions from four licensees: three nuclear power plants and one nuclear research facility.

The CNSC reviewed this information, and the results are summarized in the following cost-benefit analysis discussion.

Provision of information — Addition of a frequency for providing radiation dose levels to NEWS in writing

One stakeholder submitted the costs of preparing and mailing out annual dose reports to workers since the Regulations were amended to specify that NEWs must be informed of their radiation dose levels annually. However, under the existing Regulations, licensees already inform all NEWs of their radiation dose levels in writing. Most licensees inform their workers more often than annually, including this stakeholder. The stakeholder misunderstood the requirement; a separate annual dose report will not be required. Since no incremental costs will be incurred, this item was not included in the cost-benefit analysis.

Provision of Information — Addition of a requirement related to emergencies

Two nuclear power plant (NPP) licensees submitted costs for the development of training materials and the delivery and receipt of training. The first licensee expects to incur a one-time cost of $2,500 for additional training materials, an annualized cost of $22,994 to deliver 6 minutes of training to 7 000 workers, and to train 2 000 new workers each year. The second licensee expects to incur an annualized cost of $15,625 to provide 15 minutes of training annually to 300 operations staff and provide 3 minutes of training annually to 1 000 new workers. These licensees have extensive training and qualification programs in place, including their emergency response programs. However, the CNSC agrees that updating NEWs on the new requirement and its impact on their work will result in an increased compliance burden. The CNSC has added these costs to the CNSC’s original estimate for this provision. The CNSC has also included an estimate for the delivery of training for other stakeholders, based on the information provided by the NPP licensees.

No comments were received from other stakeholders on the CNSC’s estimate for the development of training materials, so this estimate has not changed.

Provision of information — Addition of a requirement related to breastfeeding NEWs

Two NPP licensees submitted costs for the development of training materials and the delivery and receipt of training. The first expects to incur an annualized cost of $22,994 to develop training material, provide six minutes of upfront training to approximately 7 000 workers and ongoing training to 2 000 new workers annually. The training will be provided to all staff, regardless of role or gender. The second expects to incur annualized costs of $4,058 to update training materials and provide three minutes of training to 1 000 new workers each year. The CNSC agrees that updating NEWs on the new requirement and its impact on their work will result in an increased compliance burden. The CNSC has added these costs to the CNSC’s original estimate for this provision. The CNSC has also included an estimate for the delivery of training for this item for other stakeholders, based on the information provided by the NPPs. These cost estimates have been added to the CNSC’s analysis.

Accommodation measures for a NEW who is breastfeeding

Two nuclear power plant licensees commented that there will be no increased compliance burden for accommodating breastfeeding NEWs, because this is already in their respective radiation protection programs. However, the CNSC has not modified its estimate of incremental costs for this requirement for other licensees, because it expects that some small stakeholders may not already provide accommodation as part of the radiation protection program.

Equivalent dose limits for the lens of an eye

Three NPP licensees provided detailed cost estimates reflective of the size and complexity of their licensed activities. The NPP licensees anticipate that specialists with expertise in the field of health physics will need to perform a thorough radiological hazard assessment. The results of the hazard assessments could reveal a need to enhance radiation protection programs.

In addition, the NPP licensees estimated investments in instrumentation and equipment, personal protective equipment, enhancements to their dosimetry programs, including the development and delivery of training for dosimetry staff, and the modification of dosimetry software.

The estimated total cost for implementing the reduction in the annual equivalent dose limit for the lens of an eye for the three NPPs is $829,048 annualized. The conservative approach proposed by the NPP licensees will ensure doses to the lens of an eye of their workers will be ALARA and kept below the equivalent dose limit of 50 mSv. The incremental costs the NPPs submitted are included in the cost-benefit analysis.

No costs were submitted by other licensees. The CNSC does not expect that other licensees will need to follow the NPPs’ approach. Licensees that have NEWs who receive an annual effective dose below 10 mSv and whose eyes are not preferentially exposed to radiation during work activities will not likely need to modify work practices to ensure compliance with the new dose limit. However, the CNSC anticipates that licensees that have NEWs who receive annual effective doses greater than 10 mSv and/or whose eyes are preferentially exposed to radiation during work activities will need to review existing practices for managing exposures to the lens of an eye. They may also need to enhance their radiation protection program. The extent of the changes will vary and could involve the following:

The review of the radiation hazard assessments by licensees is estimated to take two hours. In addition, they will also need to review existing education and training to ensure they provide the most up-to-date information to workers. The CNSC estimates that 650 licensees may have to update their materials and deliver incremental training.

According to Health Canada’s 2017 Report on Occupational Radiation Exposures in Canada, 170 NEWs received doses of more than 10 mSv in 2016. To estimate the cost of modifying dosimetry by adding a lens-of-the-eye dosimeter, CNSC assumed that 170 licensees will have at least one NEW who will require an eye dosimeter. The cost of lens-of-the-eye dosimeters is based on a quote from a European service provider, since licensed dosimetry for the lens is not yet available in Canada.

New requirement for radiation detection and measurement instrumentation

The Regulations are amended to add a requirement for all licensees to ensure that radiation detection and measurement instrumentation is selected, tested and calibrated for its intended use. All CNSC licensees should already be selecting, testing and calibrating their radiation detection and measurement instrumentation for their intended use. However, this new requirement will increase the administrative burden for licensees, since they will have to have documentation available for inspection.

Organ and tissue weighting factors and radiation weighting factors

Some large stakeholders were concerned that they will have to do extra development work to implement the amended weighting factors until the ICRP releases all of the updated/complementary dose conversion information. One research facility submitted the estimated costs to develop the dose conversion information and provide training to specialized health physics staff.

The CNSC has taken the position that current approaches, based on the recommendations of the 1990 ICRP Publication 60 (ICRP 60), are conservative and their continued use is protective. Licensees may continue to use current methods and software based on the recommendations in ICRP 60. REGDOC-2.7.2, Dosimetry, Volume I: Ascertaining Occupational Dose, has also been revised to reflect this expectation and to address stakeholders’ concerns. Stakeholders will not have an additional compliance burden, and therefore no additional costs are included in the cost estimates.

All new requirements — Making documentation available for inspection

The amendments to the Regulations will result in an increased administrative burden for all 1 570 licensees, because they will need to demonstrate compliance with the new requirements by making documentation available to CNSC staff during inspections.

Summary of cost assumptions

To estimate the costs associated with the Regulations, the CNSC used the number of active licences (1 570) representing small, medium and large businesses, and an hourly wage rate of $62.50, which includes 25% for overhead costs. Stakeholders estimated their labour costs using the following average hourly rates.

Table 1: Hourly rates
Role Hourly Rate Including Overhead Costs
Radiation safety officer $50.00 $62.50
Nuclear energy worker $60.00 $75.00
Radiation protection technician $60.00 $75.00
Health physicist technician $65.00 $81.25
Averaged technical staff wage $70.00 $87.50
Health Physicist $73.00 $91.25
Technical group cost $100.00 $125.00
Vendor support $120.00 $150.00
Technical group cost, including a database administrator $300.00 $375.00

The statistics for doses received by NEWs are based on Health Canada’s 2017 Report on Occupational Radiation Exposures in Canada. The CNSC believes it is generally representative of the range of doses received by workers across Canada in a given year, while recognizing that there will be fluctuations in the number of workers receiving doses over 5 mSv per year as a consequence of the types of activities undertaken and new developments in implementing ALARA measures.

Detailed information on how the regulatory amendments are expected to impact licensees is available on the CNSC’s website. Incremental costs are quantified and monetized to the extent possible, and they are expressed in 2020 Canadian dollars (2020 Can$). The analytical period is from 2019 to 2028. A real discount rate of 7% is used for estimating the present value of costs, which is consistent with the Canadian Cost-Benefit Analysis Guide: Regulatory Proposals. Monetary values are discounted to the base year 2020.

Benefits

Protecting the health and safety of Canadians is the main tenet of the CNSC’s mandate. By incorporating the latest international recommendations on controlling radiation exposure, the amended Regulations will enhance the protection of workers and vulnerable populations, and of vulnerable areas of the body.

It is not feasible to quantify or monetize benefits due to the lack of available data across the large breadth of licensed activities and the variation in licensee-specific strategies to keep doses to workers below limits and ALARA. For example, the requirement for licensees to inform NEWs of their responsibilities during an emergency, as well as the associated risks, will ensure that NEWs are properly prepared and have the information necessary for their safety and protection and for the protection of the environment. The reduction in risk is difficult to quantify because licensees’ risk profiles are unique and their strategies for providing the information will be situation-specific.

In addition, the lowering of the equivalent dose limit for the lens of an eye of a NEW, in a one-year dosimetry period, will enhance worker protection. However, the benefit is difficult to quantify because licensed dosimetry for the lens has not yet been developed in Canada; therefore, baseline data is not available to calculate the risk reduction.

The cost-benefit analysis summarized below therefore reflects monetized costs and qualitatively described impacts.

Summary of costs and benefits

The amendments are expected to result in an overall increase in compliance and administrative costs for licensees of approximately $10,183,655 in present value, $1,471,766 in annualized terms. Tables 2 and 3 present the quantitative and qualitative cost-benefit statements of the amendments.

Table 2: Summary of quantitative impacts for 2019–2028 (2018 Can$, 7% discount rate)
Impact Costs, Benefits and Distribution Total Present Value Total Annualized Value
Cost CNSC active licensees $2,238,655 $318,734
Licensees who work with unsealed nuclear substances and who may be required to accommodate a breastfeeding NEW (450) $354,126 $50,420
Licensees who may need to modify their existing practices to comply with a reduction in the dose limit for the lens of an eye (650) $1,203,264 $171,318
Nuclear power plant licensees for all requirements (3) $6,387,610 $931,295
Total cost $10,183,655 $1,471,767
Table 3: Summary of qualitative impacts
Impact Stakeholder Description
Benefit All CNSC licensees (1 570)
  • The amendments reflect the current science that underpins the radiological protection regulatory framework internationally, thereby ensuring the protection of workers, members of the public and the environment.
  • The clarifications will reduce misinterpretations of regulatory expectations.
Licensees who work with unsealed nuclear substances and who may be required to accommodate a breastfeeding NEW (450)
  • Enhance safety for breastfed infants by ensuring that the dose to the breastfeeding NEW due to intakes of nuclear substances is ALARA.
Licensees who may need to modify their existing practices to comply with the reduction in the dose limit for the lens of an eye (650)
  • Enhance protection of NEWs by reducing the potential for radiation-related health effects, such as lens opacities, which may lead to cataracts in the advanced stages.

The monetized impacts for each requirement are presented in tables 4 and 5.

Table 4: Compliance costs by requirement
Requirement and Stakeholder Group Stakeholders/Licensees Impacted (Estimated) Total Present
Value		 Average Annualized Value Average Annualized Value per Business
Provision of information related to emergencies — CNSC licensees 157 $205,297 $29,230 $187
Provision of information related to emergencies — Nuclear power plant licensees 2 $273,741 $38,975 $19,487
Amendments related to breastfeeding NEWs — CNSC licensees 1 492 $465,203 $66,234 $44
Amendments related to breastfeeding NEWs — Licensees that work with unsealed nuclear substances 153 $354,126 $50,420 $330
Amendments related to breastfeeding NEWs — Nuclear power plant licensees 2 $203,483 $28,971 $14,486
Reduction of the equivalent dose limit for lens of an eye — CNSC licensees 1 567 $244,844 $34,860 $22
Reduction of the equivalent dose limit for lens of an eye — Licensees that may need to modify their existing practices 650 $1,203,264 $171,318 $264
Reduction of the equivalent dose limit for lens of an eye — Nuclear power plant licensees 3 $5,822,886 $829,048 $276,349
Total compliance cost $8,772,844 $1,249,056 $311,169
Table 5: Administrative costs by requirement
Stakeholder Group Stakeholders Impacted (Estimated) Total Present Value Average Annualized Value Average Annualized Value per Business
All new requirements — CNSC licensees 1 570 $343,936 $48,969 $31
Update licensing documentation related to new requirements — CNSC licensees 1 570 $981,250 $139,708 $89
Update licensing documentation related to new requirements — Nuclear power plant licensees 1 $87,500 $12,458 $12,458
Total administrative cost $1,410,811 $200,868 $128

Small business lens

The small business lens applies to the amendments to the Regulations. Approximately 1 200 potentially affected CNSC licensees are small businesses. The CNSC estimates an overall annualized increase in costs to small businesses of $412,645, or $343 per small business. After considering the impacts of the changes to the Regulations on small businesses, no specific flexibility is provided because the amendments align with international standards on radiation protection and ensure that the public, the workers and their environment are protected.

Small business lens summary
Table 6: Small business lens summary
  Annualized Total Present Value
Compliance cost $268,361 $1,884,859
Administrative cost $144,283 $1,013,384
Total cost $412,645 $2,898,243
Cost per small business $343 $2,415

One-for-one rule

The one-for-one rule applies, since there is an incremental increase in administrative burden on licensees.

The Regulations will impose on licensees the requirement to update the documentation for their radiation protection program with the new requirements. The CNSC assumed that a radiation safety officer will need 10 hours to update their documentation and make it available for inspection. One NPP licensee submitted costs for updating their management system documentation, and this was included in the administrative costs. Using the Treasury Board of Canada Secretariat Regulatory Cost Calculator, the annualized administrative burden costs over 10 years will be an estimated $109,107 (2012 dollar value), which entails an annualized administrative cost per business of $40.79.

Regulatory cooperation and alignment

The amendments to the Regulations reflect the current science on radiation protection since the Regulations were first introduced in 2000 to enhance radiation protection for workers, the public and the environment.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus (GBA+)

Three of the amendments enhance the safety of two vulnerable groups: female NEWs and breastfeeding infants. Licensees are now required to provide information about risk to female NEWs and about the importance of informing the licensee upon becoming pregnant or breastfeeding. This will ensure that workers have all the necessary information to make informed decisions about disclosing that they are pregnant or are breastfeeding.

Female NEWs are no longer required to disclose their pregnancy. With this change, the Regulations are aligned with international radiation protection standards for self-disclosure. When a female NEW discloses her pregnancy to the licensee in writing, the licensee must make accommodations to protect the pregnant NEW from radiation and ensure that the dose to the pregnant NEW is kept ALARA and below the effective dose limit of 4 mSv for the balance of the pregnancy.

Licensees must also make reasonable accommodations for female NEWs who are breastfeeding. When a breastfeeding NEW works in radiological environments where the potential exists for airborne contaminants, nuclear substances could be inhaled or ingested, or absorbed through the skin. These substances would then be incorporated into the body and could be expressed in breast milk. The infant who ingests this breast milk may receive consequential radiation exposure. The Regulations require the licensee to make accommodations to ensure that intakes of nuclear substances by the NEW are limited, so that the dose to the breastfed infant is kept ALARA. This accommodation will only be needed in certain occupational settings, since many workplaces do not have the potential for internal intakes of nuclear substances by workers. The changes will enhance the protection of breastfed infants. To address privacy concerns raised during early consultation, the Regulations do not require female NEWs to disclose that they are breastfeeding.

Rationale

The CNSC regulates all nuclear activities in Canada in order to protect the health and safety of workers and the public from ionizing radiation. The Regulations play an important role in achieving this goal by placing limits on radiation doses to workers and members of the public, and requiring that all CNSC licensees implement radiation protection programs that keep exposure to ionizing radiation below regulatory limits and ALARA.

The Regulations continue to be consistent with both international benchmarks and the new radiation protection guidance adopted worldwide. They reflect the latest scientific radiation protection data to ensure that the public, workers in the nuclear sector and the environment are protected.

Feedback from licensees and operational experience gained from compliance activities indicated that several sections of the Regulations should be clarified to reduce potential for misinterpretations. The Regulations have been amended to address this issue in areas that were identified. In addition, amendments have been made to clarify and eliminate potential inconsistencies or duplication of requirements with the Packaging and Transport of Nuclear Substances Regulations, 2015.

The Regulations also specify record retention periods for radiation dose records, which improves consistency and clarifies regulatory expectations for licensees.

Risk reduction

Protecting the health and safety of Canadians is one of the main tenets of the CNSC’s mandate. Several amendments will enhance the safety of vulnerable populations and vulnerable areas of the body.

Licensees must ensure that female NEWs are aware of all their rights and that accommodations are made if they are breastfeeding. The requirement for licensees to make accommodations for radiation protection purposes will ensure that doses to breastfed infants are kept ALARA.

Licensees must inform all NEWs of their responsibilities during an emergency and the associated risks. This will ensure that all NEWs are properly prepared for an emergency and that those involved in the emergency response have the information necessary for their safety and protection.

Radiation exposure to the lens of an eye, above a threshold dose, has been linked to the development of lens opacities that may lead to cataracts. Amending the equivalent dose limit for the lens of an eye to 50 mSv in a one-year dosimetry period will enhance worker protection and reduce the need for medical intervention to treat damage that may occur.

To ensure that regulatory requirements are risk-based, the Regulations require that a person be removed from work only when the person may have or has exceeded any of the dose limits that apply to NEWs, as specified in sections 13 and 14. This amendment will ensure that the removal from work is risk-informed. The amendment may have the added benefit of reducing the financial burden of removing a person from work unnecessarily.

The new requirement that licensees must ensure that radiation detection and measurement instrumentation is selected, tested and calibrated for its intended use will help ensure worker protection and the accuracy of radiation measurements.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations come into force on the day on which they are published in the Canada Gazette, Part II. The following requirements come into force on January 1, 2021, to coincide with the start of the next dosimetry period for measuring and monitoring doses, as established in the Regulations:

Compliance and enforcement

The Regulations will be enforced in accordance with the CNSC’s existing enforcement policy. CNSC inspectors regularly verify that licensees are complying with the Nuclear Safety and Control Act and its regulations. If a licensee is found to be non-compliant with the Regulations, the CNSC uses a graded enforcement approach to implement corrective measures.

Contact

Brian Torrie
Director General
Regulatory Policy Directorate
Canadian Nuclear Safety Commission
280 Slater Street
P.O. Box 1046, Station B
Ottawa, Ontario
K1P 5S9
Telephone: 613‑297‑4338
Email: cnsc.consultation.ccsn@canada.ca