Class II Nuclear Facilities and Prescribed Equipment Regulations (SOR/2000-205)

Regulations are current to 2016-11-21 and last amended on 2010-05-13. Previous Versions

Licence to Decommission

 An application for a licence to decommission a Class II nuclear facility shall contain the following information in addition to the information required by section 3 of the General Nuclear Safety and Control Regulations:

  • (a) the name and location of the nuclear facility;

  • (b) the proposed nature of and schedule for the decommissioning;

  • (c) the land, buildings, structures, components, systems, equipment, nuclear substances and hazardous substances that will be affected by the decommissioning;

  • (d) the nature, quantity and activity of any radioactive nuclear substances at the nuclear facility;

  • (e) the nature and extent of any radioactive contamination at the nuclear facility, including radiation dose rates;

  • (f) the proposed measures to control releases of radioactive nuclear substances and hazardous substances into the environment;

  • (g) the anticipated maximum dose of radiation that may be received by any person as a result of the decommissioning;

  • (h) the maximum quantities and concentrations of nuclear substances and hazardous substances that may be released into the environment;

  • (i) the effects on the environment and the health and safety of persons that may result from the decommissioning, and the measures that will be taken to prevent or mitigate those effects;

  • (j) the proposed responsibilities of and qualification requirements for workers; and

  • (k) a description of the planned state of the site upon completion of the decommissioning.

Class II Prescribed Equipment

General Requirement

 An application for a licence in respect of Class II prescribed equipment, other than a licence to service, shall contain a copy of or the number of any certificate relating to the equipment in addition to the information required by section 3 and, where applicable, section 4 of the General Nuclear Safety and Control Regulations.

Licence to Service

 An application for a licence to service Class II prescribed equipment shall contain the following information in addition to the information required by section 3 of the General Nuclear Safety and Control Regulations:

  • (a) the name, model number and characteristics of the equipment or the number of the certificate relating to the equipment;

  • (b) a description of the nature of the servicing proposed to be carried on;

  • (c) the proposed methods, procedures and equipment for carrying on the servicing;

  • (d) the proposed qualification requirements and training program for workers; and

  • (e) the proposed procedures to be followed after completion of the servicing to confirm that the equipment is safe to use.

Exemptions from Licence Requirement

Activities in Relation to Class II Nuclear Facilities

 A person may carry on any of the following activities without a licence:

  • (a) prepare a site for a Class II nuclear facility;

  • (b) construct, operate, modify, decommission or abandon a Class II nuclear facility that includes a geophysical logging particle accelerator; or

  • (c) decommission a Class II nuclear facility that includes a brachytherapy remote afterloader.

  • SOR/2008-119, s. 7.

Activities in Relation to Class II Prescribed Equipment

 A person may, without a licence to carry on an activity in relation to Class II prescribed equipment, possess, transfer or produce Class II prescribed equipment that does not contain a nuclear substance.

  • SOR/2008-119, s. 7.

Certification of Class II Prescribed Equipment

Certification Requirement

 No person shall use Class II prescribed equipment unless

  • (a) it is a certified model; or

  • (b) it is used in accordance with a licence that authorizes its use for development purposes or for scientific research that is not conducted on humans.

  • SOR/2008-119, s. 8.

Application for Certification

  •  (1) The Commission or a designated officer authorized under paragraph 37(2)(a) of the Act may certify a model of Class II prescribed equipment after receiving an application that includes the following information:

    • (a) the applicant's name and business address;

    • (b) the name and business address of the manufacturer of the equipment;

    • (c) the brand name and model number of the equipment;

    • (d) the design of the equipment and its components, including any standards used in the design;

    • (e) the intended use of the equipment;

    • (f) the name, quantity in becquerels and form of the nuclear substance to be incorporated into the equipment;

    • (g) the method of incorporating the nuclear substance into the equipment;

    • (h) the expected radiation dose rates around the equipment in all modes of operation, including the method, calculations and measurements used to establish them;

    • (i) the maximum radiation dose rate that the equipment can deliver;

    • (j) instructions for the use, transportation and storage of the equipment;

    • (k) instructions for conducting leak tests on the equipment;

    • (l) instructions for dealing with accidents involving the equipment;

    • (m) a description of the labelling of the equipment;

    • (n) the quality assurance program that was followed during the design of the equipment and that will be followed during the production of the equipment;

    • (o) the type of package for and the procedures for packaging and transporting any equipment that may contain a nuclear substance, including the emergency response plan to be followed in case of a transportation accident involving the equipment;

    • (p) the recommended inspection and servicing program for the equipment;

    • (q) the type of beam producible by, and the maximum output energy and limits to the beam orientation of, any particle accelerator or radioactive source teletherapy machine;

    • (r) the estimated maximum photon and neutron leakage during the use of any teletherapy machine; and

    • (s) the half-lives of activated components of any particle accelerator and the radiation dose rate at 30 cm from those components.

    • (t) [Repealed, SOR/2008-119, s. 9]

  • (2) The Commission or the designated officer may request any other information that is necessary to enable the Commission or the designated officer to determine whether the equipment model in question poses an unreasonable risk to the environment, the health and safety of persons or national security and whether certification of the equipment model would be in conformity with measures of control and international obligations to which Canada has agreed.

  • SOR/2008-119, s. 9.

Refusal to Certify

  •  (1) The Commission or a designated officer authorized under paragraph 37(2)(a) of the Act shall notify a person who has applied for the certification of a model of Class II prescribed equipment of a proposed decision not to certify the model, as well as the basis for the proposed decision, at least 30 days before refusing to certify it.

  • (2) The notice shall include a description of the person's right to be provided with an opportunity to be heard in accordance with the procedure referred to in section 14.

Decertification

  •  (1) The Commission or a designated officer authorized under paragraph 37(2)(a) of the Act shall notify a person to whom a certificate for a model of Class II prescribed equipment has been issued, and any licensee who is licensed in respect of that model, of a proposed decision to decertify the model, as well as the basis for the proposed decision, at least 30 days before decertifying it.

  • (2) The notice shall include a description of the person's and the licensee's right to be provided with an opportunity to be heard in accordance with the procedure referred to in section 14.

Opportunity To Be Heard

  •  (1) Where a person referred to in section 12 or 13 or a licensee referred to in section 13 has received a notice and has requested, within 30 days after the date of receipt of the notice, an opportunity to be heard either orally or in writing, the person or the licensee shall be provided with such an opportunity in accordance with the request.

  • (2) On completion of a hearing held in accordance with subsection (1), every person and licensee who was notified in accordance with section 12 or 13 shall be notified of the decision and the reasons for it.

  • (3) Where neither a person referred to in section 12 or 13 nor a licensee referred to in section 13 requests an opportunity to be heard within the period referred to in subsection (1), they shall be notified of the decision and the reasons for it.

 
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