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ARCHIVED - RPP 2007-2008
Canadian Nuclear Safety Commission


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SECTION II -- ANALYSIS OF CNSC'S PROGRAM ACTIVITY

Program Activity Plans

This section details the plans in each of the CNSC's five program sub-activities, each with a clear expected outcome that is aligned to achieve the agency's program priorities, its program activity and strategic outcome. (See also section I - Strategic Framework and Program Activity Architecture).


Expected Outcome:      

A clear and pragmatic regulatory framework

Program Sub-Activity:         

Regulatory Framework

Description: Development of a modern, evergreen, Canadian regulatory regime that considers all available science as well as operating experience and input of Canadian operators, other stakeholders and the international community to: develop new and amend existing CNSC regulations; and create regulatory policies, standards and guides that set out the CNSC's regulatory criteria and expectations of staff. 

Outcome Measures:

  • Percentage of regulations under review / revision in each year (target of 20% per year will ensure a complete rolling review over a 5-year period)
  • Number of regulations published in Canada Gazette
  • Number of regulatory documents finalized and published

Target

20%

3
15

Objective

Plans

    Timeline

A modern evergreen, Canadian regulatory regime

Complete current regulatory documents development program and necessary amendments to regulations for existing facilities as follows:

  • Develop regulatory policies, standards and guides to address gaps due to industry growth, on issues such as waste, new power reactors, expansion of mines and processing facilities, fire protection, aging of power reactors, and integrated safety management
  • Implement panel review processes, including joint CEAA/CNSC panel review process for environmental assessments for new power reactor projects
  • Develop new Nuclear Safeguards Regulations based on the requirements of the Canada - IAEA Safeguards Agreement and Additional Protocol
  • Revise the following regulations:
    • Nuclear Substances and Radiation Devices Regulations
    • Class II Nuclear Facilities and Prescribed Equipment Regulations
    • Nuclear Non-Proliferation Import and Export Control Regulations
    • Canadian Nuclear Safety Commission Rules of Procedure and Canadian Nuclear Safety Commission By-laws

Produce regulatory documents for new activities; for example, new reactor construction, uranium mining and milling expansion, waste repositories, Class II facilities etc.

Improve and update the regulatory framework to make it more strategic, internationally benchmarked and forward looking while maintaining its transparency

 


         
      Ongoing



 

         2008-2009


         2008-2009


         2007-2008

 

 

 

 


         2007-2010

 

         2007-2010

A modernized safeguards framework for Canada

Design and implement a new national safeguards system to complement international agreements

         2007-2008

Performance Measurement Strategy:   Measurement  using CNSC's internal tracking system

Resources:
($ thousands)
Full-Time Equivalents

2007-2008
$10,531
82

2008-2009
$8,959
73

2009-2010
$8,959
73


This program sub-activity captures work that is undertaken to ensure the CSNC has a clear, pragmatic regulatory framework and its functions include: developing new and amending existing CNSC regulations; developing regulatory policies, standards and guides that set out the CNSC's regulatory criteria and its expectations of staff and licensees, while considering modern standards for nuclear regulation; and participating in the development of domestic and international standards. The cornerstone of the regulatory framework is the Nuclear Safety and Control Act (NSCA).

The CNSC is modernizing its regulatory framework by considering all available science along with operating experience and input of Canadian operators, other stakeholders and the international community.  Priorities for improvements to the regulatory framework are established based on ongoing reviews and analysis of relative risk, in order for the CNSC to maintain an integrated, consistent set of regulatory documents that clarify regulatory requirements and expectations. 

In the planning period, the federal government is proposing new initiatives in various areas of the regulatory domain.  The CNSC will be involved in development and, as appropriate, in implementation.

A well documented, modern regulatory framework is an important factor in the continued effectiveness of the CNSC's regulatory regime. Due to the expected retirement of many of the CNSC's most senior staff, there is a significant risk of loss of regulatory knowledge, which the organization is mitigating in part by developing new regulatory documents and sharing knowledge with new staff.


Expected Outcome:    

Individuals and organizations that operate safely and conform to safeguards and non-proliferation requirements

Program Sub-Activity:   

Licensing and Certification

Description:  Issuance of licences or certifying persons to conduct nuclear-related activities in Canada. In order to issue a licence or a certificate, the CNSC must obtain evidence of licensee ability to operate safely and conform to safeguards and non-proliferation obligations.

Outcome Measure:

  • Number of cases of delays in implementing effective regulatory control (licensing action) pursuant to the NSCA or Significant Development Reports subsequent to licence approval

Objective

Plans

Timeline

Develop and implement risk informed, consistent and predictable licensing and certification processes

Document internal licensing policies, processes and procedures, and implement the tools required for a consistent and effective licensing and certification process.

Complete documentation of and improvement to the CNSC's environmental assessment and oversight programs

Implement processes for licensing new nuclear facilities including, but not limited to, new nuclear power plants and new waste management facilities

Implement the provisions of the Code of Conduct on the Safety and Security of Radioactive Substances, including initiatives to strengthen export/import licensing and control risk significant sources

2007-2009


 


2007-2008



2007-2010




Ongoing

Improve the effectiveness and efficiency of the Commission Tribunal licensing process

Evaluate the tribunal process and implement recommendations

Ongoing

Review and make recommendations to the Tribunal with respect to applications for renewal of current licenses across the regulatory program;

Manage the licensing of existing licensees

Manage the certification of personnel and packages

Conduct environmental assessments to respond to licence applications for new mines, new reactor construction, refineries, waste  repositories and Chalk River Laboratories legacy projects

Ongoing

Ongoing


Ongoing

Performance Measurement Strategy:  Maintenance of records of significant development reports and licensees' remedial actions.

Resources:
($ thousands)
Full-Time Equivalents

2007-2008
$22,752
195

2008-2009
$21,134
189

2009-2010
$21,134
189


This program sub-activity captures work that is undertaken to ensure that licences or certifications are granted only to individuals and organizations that demonstrate the ability and commitment to operate safely and conform to nuclear safeguards and non-proliferation requirements. In order to issue a licence or certification, the CNSC undertakes activities to obtain evidence of applicant ability to meet this requirement. Such activities include assessing past performance, conducting technical assessments and tests, preparing recommendations, conducting hearings and issuing licenses, certificates and approvals.

For further information about CNSC's regulatory plan refer to Section III Supplementary Information - Table 5 "CNSC's Regulatory Plan".


Expected Outcome:  

High levels of compliance with the regulatory framework

Program Sub-Activity: 

Compliance

Description:   Effective oversight of compliance with regulatory requirements, which is critical to assuring Parliament and the Canadian public that nuclear energy and materials are being used safely and securely and in a manner that respects Canada's international commitments concerning their peaceful use.

Outcome Measures:

  • Levels of performance of licensees as measured by the CNSC through inspections, events, assessments, and evaluations of compliance with regulatory requirements
  • 100% provision by the CNSC of nuclear transfer notifications and reports pursuant to bilateral administrative arrangements
  • Annual IAEA statement indicating Canada's compliance with international requirements with respect to safeguards and non-proliferation

Objective

Plans

Timeline

Complete the implementation of risk-informed and consistent compliance process in all regulated sectors

Document internal policies, processes and procedures, and implement the tools that support the compliance process

2007-2009

Assure Canadians of the continuing compliance and safety performance of licensees

Execute baseline compliance program requirements across the four regulatory programs

Develop strategies to promote/enforce compliance where licensee deficiencies have been identified  and responding to risk significant licensee reports and findings

Ongoing

Assure international agencies that nuclear material, substances and technologies in Canada are used in compliance with the Government of Canada's international commitments.

Apply the requirements of multilateral conventions and arrangements

Implement the requirements of the Canada-IAEA Safeguards Agreement and Additional Protocol for verification of the peaceful use of nuclear energy in Canada

Ongoing



Ongoing

Performance Measurement Strategies: Measurement of licensee performance through inspections, events, assessments, and evaluations against licence requirements; IAEA verification of the peaceful use of Canadian nuclear goods and materials.

Resources:
($ thousands)
Full-Time Equivalents

2007-2008
$35,811
284

2008-2009
$32,723
271

2009-2010
$32,723
271


This program sub-activity ensures that the CNSC's licensees exhibit a high level of compliance with regulatory requirements specified by the Nuclear Safety and Control Act and its regulations, CNSC licences, certificates and approvals. This work also enables the CNSC to provide regulatory assurance to Canadians of the continuing compliance and safety performance of licensees, and to make certain that Canada meets its international commitments. Activities include providing information to licensees, verifying and enforcing compliance, and reporting licensee performance against regulatory requirements.


Expected Outcome:  

CNSC cooperates and integrates its activities in national/international nuclear fora

Program Sub-Activity: 

Cooperative Undertakings

Description: Involvement in international nuclear organizations, promoting Canadian interests and evaluating international recommendations, standards and guides for adoption in the CNSC's regulatory framework.

Outcome Measures:

  • 100% annual reconciliation by the CNSC of bilateral nuclear material inventory reports

Objective

Plans

Timeline

Effective, efficient and cooperative CNSC emergency preparedness framework and infrastructure

Negotiate new agreements with other government departments and certain provinces

By 2009: New agreements in place with
Health Canada, Transport Canada, Public Safety and Emergency Preparedness Canada, Ontario, Quebec, and New Brunswick

Strengthen and improve the IAEA safeguards system

Provide technical support and other resources necessary to the IAEA's safeguards program

Ongoing

Effective cooperation with international, federal and provincial organizations, departments and agencies

Establish and review cooperative arrangements with foreign nuclear regulators, and federal and provincial organizations, departments and agencies on an ongoing basis

Conduct annual reviews of cooperative arrangements with foreign regulatory counterparts and international organizations 

Renew existing regulatory information cooperation arrangements, where appropriate.

 


Initiate new arrangements for regulatory cooperation where appropriate.

 

 

Collaborate with Foreign Affairs and International Trade Canada with respect to the international nuclear non-proliferation regime and associated nuclear cooperation with India, Romania and others

Determine, evaluate, track and report the CNSC's participation in international activities on nuclear matters

Ongoing

 

 


Annual

 


Renewals: 2007-2008: United States and Republic of Korea
2008-2009: Russia and Romania

New arrangements: 2007-2008: Sweden, Finland, and United States
2008-2009/2009-2010: Spain, Japan, Germany and China

Ongoing

 

 


2007-2008: Initiation of new reporting mechanisms on mandate-related international activities and development of protocol for international visits.

Performance Measurement Strategy:  Submit annual reports to CNSC executive on arrangement negotiations and on international activities, including international travel and international visits by foreign regulatory counterparts

Resources:
($ thousands)
Full-Time Equivalents

2007-2008
$18,155
112

2008-2009
$16,441
106

2009-2010
$16,441
106


Under this program, the CNSC works cooperatively with other national and international organizations.

At the national level, some of these organizations include Environment Canada, Public Safety and Emergency Preparedness Canada and Foreign Affairs and International Trade Canada. The CNSC plays a role in horizontal delivery of government programs related to nuclear safety and security. It cooperates with appropriate federal, provincial, municipal and private-sector organizations to contribute to more effective, efficient nuclear regulation. Such cooperation makes the best use of relevant expertise on specific domestic regulatory issues while minimizing the potential for duplication of regulatory effort. Respective roles and responsibilities of participating organizations are described in bilateral/multilateral Memoranda of Understanding.

The CNSC Secretariat cooperates with other federal quasi-judicial tribunals in a number of areas including the development of rules of procedure and official languages policy.  The President of the CNSC has recently been instrumental in the development of a forum for heads of federal administrative tribunals to discuss issues of common interest, keep informed of new administrative law or governance developments and to share innovative practices. CNSC's CEO will sit as the first chair of this "Heads of Federal Administrative Tribunals Forum"

The CNSC cooperates with international organizations by developing, negotiating and implementing arrangements to facilitate communication, information sharing, alignment of Canadian regulatory practices with international best practices and meeting of Canada's international obligations. Work in this area includes development and implementation of frameworks and standards with nuclear non-proliferation objectives (e.g. nuclear safeguards verification, nuclear export controls), protection of nuclear material and high-risk sources and facilities, transportation of nuclear materials, power reactor safety, spent fuel and radioactive waste management safety; and emergency preparedness.

Appropriate mechanisms are required so the CNSC can exchange information with regulatory counterparts and international organizations to contribute to developing a modern regulatory framework aligned with international best practice and to share operational experience in regulating nuclear facilities.

The plans and timing identified for negotiating arrangements with foreign regulatory counterparts depend upon reciprocal interest and are subject to change with operational priorities. Lack of appropriate arrangements may delay timely sharing of critical information and may hamper the achievement of organizational strategic outcomes.


Expected Outcome:               

Stakeholders' understanding of the regulatory program

Program Sub-Activity:             

Stakeholder Relations

Description: Regular meetings with industry groups and non-government organizations on matters related to the administration of the regulatory regime; outreach to communities hosting nuclear facilities; presentations and speeches at conferences and other fora; media relations; and provision of information to the public on regulatory matters.

Outcome Measures:

  • Level of stakeholder confidence in the CNSC's ability to regulate the use of nuclear energy and materials
  • Level of stakeholder participation in the CNSC's decision-making process

Objective

Plans

Timing

To foster increased awareness of and a high level of confidence in the CNSC as an effective, efficient and transparent regulator

Develop and implement a structured and sustainable outreach program

Increase communication efforts: update and continue to implement the CNSC strategic communications and outreach plan.

2007-2008


Ongoing

Performance Measurement Strategy: Conduct surveys of national and/or regional awareness and confidence in the regulatory program every three years and compare results to data from 2004-2005.

Resources:
($ thousands)
Full-Time Equivalents

2007-2008
$7,306
57

2008-2009
$6,619
54

2009-2010
$6,619
54


The CNSC is committed to being open, transparent and accessible to all stakeholders. This program sub-activity promotes stakeholder understanding of and access to the regulatory process, and public confidence in the regulatory regime. Activities include: providing information to the public on regulatory matters; public Commission hearings on licensing matters for major nuclear facilities, including opportunities for intervention by stakeholders; public access to Commission meetings; regular meetings with industry groups and non-government organizations on matters related to the regulatory regime; outreach to communities hosting nuclear facilities; presentation and speeches at conferences and other fora; and media relations.  The use of nuclear substances and energy is only viable if the public has confidence in the CNSC as a strong, independent regulator. This requires communication, consultation and sustained, predictable relationships with key stakeholders directly affected by the CNSC's regulatory regime.

Performance Standards

Performance standards have been developed for interactions with both external and internal stakeholders. It is important to note that because the CNSC is an independent regulator, it is inappropriate for its relationship with licensees to be considered a service; hence, there are no service standards.  The CNSC's only "client" is the Canadian public for whom it provides a regulatory regime to assure them that Canadian nuclear installations and processes are safe and secure and used solely for peaceful purposes. In line with the Users Fees Act (2004) and the Treasury Board Policy on Service Standards for External Fees, a list of performance standards that focus on the needs and expectations of external stakeholders has been developed in consultation with stakeholders including the Cost Recovery Advisory Group, which is a group of fee-paying licensees who meet annually with CNSC management to discuss cost recovery-related issues. Also, in line with reporting commitments included in the Users Fees Act, the CNSC reports its performance against these standards in the annual Departmental Performance Report - In addition, internal performance standards have been put in place to monitor and report on the ability of corporate service functions to meet needs and expectations of internal clients in supporting the delivery of the overall regulatory program.  Performance against all standards is monitored regularly to ensure that continual progress is made and that standards accurately reflect the operating environment.

Actual Performance against the following external stakeholder-related performance standards will be reported in the 2007-08 CNSC Performance Report.

External performance standards  


Activity

Performance standard

Target

Compliance
Verification: Upon completion of the verification activity, the CNSC will:

Issue Type I Inspection Report

Within 60 business days

80%

Issue Type II Inspection Report1

Within 40 business days

80%

Issue Desktop Review Report

Within 60 business days

90%

Complete review(s) of Annual Compliance Report(s) 

Within 60 business days (of receipt)

80%

Enforcement: Upon an Order being made, the CNSC will  

Confirm, amend, revoke or replace the Order (see Regulatory Guide - G-273)

Within 10 business days 100%
Licensing - For requests pertaining to an existing licence, the CNSC will

Screen the request for completeness and issue notification that the licensing request is / is not complete

Within 20 business days

90%

Issue a licensing decision when a public hearing is not required (assuming an environmental assessment under the CEAA is not required)

Within 80 business days

80%

Issue a licensing decision when a public hearing is required (assuming an environmental assessment under the CEAA is not required) (see INFO-0715)

Within 160 business days

90%

Publish the Records of Proceedings, including Reasons for Decisions, upon conclusion of the public hearing

Within 30 business days

90%

Access to Information (ATI)

Respond to requests under the ATI and Privacy Acts

Within legislated time periods as stated in the Acts

90%

External Communications 

Place advertisements for public hearings

Within deadlines stipulated in the regulations

100%

Timely responses to public inquiries

Same-day acknowledgement of request. Response time depends on request complexity:
Low - same day;
Medium - within 5 business days;
High - within 10 business days

100%

External Reporting to Central Agencies

File annual Report on Plans and Priorities (strategic plan) and Departmental Performance Report (annual report on performance)

Within required timelines 100%

Note 1: Findings from field inspections and control room inspections for power reactors will be reported quarterly, within 40 business days of end of quarter, unless major issues arise.