Nuclear Non-proliferation Import and Export Control Regulations (SOR/2000-210)

Interpretation

• 1 (1) The definitions in this subsection apply in these Regulations.

  Act

  Act means the Nuclear Safety and Control Act. (Loi)

  controlled nuclear equipment

  controlled nuclear equipment means the controlled nuclear equipment and the parts and components for controlled nuclear equipment referred to in the schedule. (équipement nucléaire contrôlé)

  controlled nuclear information

  controlled nuclear information means the controlled nuclear information referred to in the schedule. (renseignement nucléaire contrôlé)

  controlled nuclear substance

  controlled nuclear substance means a controlled nuclear substance referred to in the schedule. (substance nucléaire contrôlée)

  transit

  transit means the process of being transported through Canada after being imported into and before being exported from Canada, in a situation where the place of initial loading and the final destination are outside Canada. (transit)

• (2) All controlled nuclear substances are prescribed as nuclear substances for the purpose of paragraph (d) of the definition nuclear substance in section 2 of the Act, with respect to the import and export of those substances.

• (3) All controlled nuclear equipment is prescribed equipment for the purposes of the Act, with respect to the import and export of that equipment.

• (4) All controlled nuclear information is prescribed information for the purposes of the Act, with respect to the import and export of that information, unless it is made public in accordance with the Act, the regulations made under the Act or a licence.

Application

2 These Regulations apply in respect of the import and export of controlled nuclear substances, controlled nuclear equipment and controlled nuclear information.

Application for Licence to Import or Export

• 3 (1) An application for a licence to import or export a controlled nuclear substance, controlled nuclear equipment or controlled nuclear information shall contain the following information:

  • (a) the applicant’s name, address and telephone number;

  • (b) a description of the substance, equipment or information, including its quantity and the number of the paragraph of the schedule in which it is referred to;

  • (c) the name and address of the supplier;

  • (d) the country of origin of the substance, equipment or information;

  • (e) the name, address and, where the application is for a licence to import, telephone number of each consignee;

  • (f) the intended end-use of the substance, equipment or information by the final consignee and the intended end-use location;

  • (g) the number of any licence to possess the substance, equipment or information; and

  • (h) where the application is in respect of a controlled substance that is Category I, II or III nuclear material, as defined in section 1 of the Nuclear Security Regulations, the measures that will be taken to facilitate Canada’s compliance with the Convention on the Physical Protection of Nuclear Material, INFCIRC/274/Rev.1.

• (2) The Commission or any designated officer who is authorized to carry out the duties set out in paragraphs 37(2)(c) and (d) of the Act may request any other information that is necessary to enable the Commission or that officer to form the opinion referred to in subsection 24(4) of the Act.

Exemptions from Licence Requirement

• 4 (1) A person may carry on any of the following activities without a licence to carry on that activity:

  • (a) import a controlled nuclear substance referred to in Part B of the schedule that is not a radioactive nuclide;

  • (b) import controlled nuclear equipment referred to in paragraph A.3 or Part B of the schedule;

  • (c) import controlled nuclear information that relates to a controlled nuclear substance or controlled nuclear equipment referred to in paragraph A.3 or Part B of the schedule;

  • (d) import a controlled nuclear substance, controlled nuclear equipment or controlled nuclear information for the purpose of placing it in transit;

  • (e) export a controlled nuclear substance, controlled nuclear equipment or controlled nuclear information after it has been in transit; or

  • (f) export the controlled nuclear substance referred to in paragraph A.1.4. of the schedule that is not for use in a nuclear reactor to any Participating Government of the Nuclear Suppliers Group.

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

• (3) Every person who exports a controlled nuclear substance under paragraph (1)(f) shall, by January 31, submit to the Commission a written report that includes the following information regarding every export of the controlled nuclear substance in the previous calendar year:
  

  • (a) the exporter’s name, address and telephone number;

  • (b) a description of the controlled nuclear substance, including the quantity exported and country of origin;

  • (c) the date of export;

  • (d) the name and address of each consignee; and

  • (e) the intended end-use and end-use location of the controlled nuclear substance as stated by the final consignee.

Coming into Force

5 These Regulations come into force on the day on which they are approved by the Governor in Council.