6. (1) A person may transport a nuclear substance without a licence to carry on that activity, except in the following cases:

• (a) the nuclear substance is Category I, II or III nuclear material, as defined in section 1 of the Nuclear Security Regulations, and is transported outside an area in which the material is required to be processed, used or stored by section 7 of those Regulations;

• (b) the nuclear substance is 0.1 kg or more of uranium hexafluoride and is transported while in transit;

• (c) the nuclear substance is required to be transported in a package of a certified design or in a package that has been approved as Type B(U)-96, Type C-96 or H(U)-96 by a foreign competent authority in accordance with the process specified in the IAEA Regulations and is transported while in transit; or

• (d) the nuclear substance is transported under special arrangement.

(2) A person may possess, transfer, import, export, use, abandon, produce or service a package, special form radioactive material or low dispersible radioactive material without a licence to carry on that activity.

(3) A person may package a nuclear substance without a licence to carry on that activity, except if the nuclear substance is required to be transported under a special arrangement.

(4) For greater certainty, the exemptions established in subsections (1) to (3) relate only to the activities specified in those subsections and do not derogate from the licence requirement imposed by section 26 of the Act in relation to other activities.

7. (1) An application for certification of a package design, a design for special form radioactive material or a design for low dispersible radioactive material must be made to the Commission or a designated officer and include the following information:

• (a) the information referred to in paragraphs 803, 805(b), 807, 810 and 813 of the IAEA Regulations, as applicable;

• (b) the number of any approval issued by a foreign competent authority in accordance with the applicable process specified in the IAEA Regulations;

• (c) [Repealed, SOR/2003-405, s. 9]

• (d) in respect of a package design,

  • (i) the recommended inspection and servicing program, and

  • (ii) instructions for packaging, transport, receiving, maintenance and unpackaging; and

• (e) at the request of the Commission, any other information that is necessary to enable the Commission to determine if the application for certification meets the requirements of these Regulations.

(2) An applicant shall give the Commission a reasonable opportunity to observe any test that the applicant conducts to demonstrate compliance of a package design, a design for special form radioactive material or a design for low dispersible radioactive material with these Regulations, including reasonable notice of the date and time of the test.

(3) An application to recertify a design that was certified under subsection (1) may be made if the technical specifications of the design have not changed and the application is received by the Commission or a designated officer no later than 60 days after the expiry date of the certificate. The application must include the following information:

• (a) a statement confirming that the drawings and procedures previously submitted have not changed or, if they have changed, a copy of the revised drawings and procedures and a statement confirming that the changes are without technical significance and do not affect the safety of the design;

• (b) a statement confirming that each package has been maintained in compliance with the drawings and procedures previously submitted;

• (c) in respect of a package design, a statement confirming that the instructions previously submitted have not changed;

• (d) unless previously submitted, the model number and drawings of any capsule containing radioactive material;

• (e) in respect of a certified package design, other than one referred to in paragraph (f), a list of the serial numbers of packages manufactured and maintained in accordance with the certified package design;

• (f) in respect of a certified package design that was certified after approval by a foreign competent authority, a list of the serial numbers of all packages currently in use or intended to be used in Canada;

• (g) a list of the known users of the latest certified package design;

• (h) a summary of the maintenance performed and any operational or maintenance problems encountered with the package, including the date, nature of the maintenance or problem and any action taken;

• (i) in respect of a design originating in a foreign country, a copy of each package design approval document or low dispersible radioactive material approval document issued by the foreign competent authority since the last certification;

• (j) a copy of the documents submitted to the foreign competent authority in order to obtain a package design approval document referred to in paragraph (i); and

• (k) at the request of the Commission, any other information that is necessary to enable the Commission to determine if the application meets the applicable requirements of these Regulations.