Canadian Nuclear Safety Commission Cost Recovery Fees Regulations (SOR/2003-212)

PART 1General

Interpretation

1 The following definitions apply in these Regulations.

Act

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

actual full cost

actual full cost means the full cost verified by audited financial statements. (coût entier réel)

Class I nuclear facility

Class I nuclear facility means a Class I nuclear facility as defined in the Class I Nuclear Facilities Regulations. (installation nucléaire de catégorie I)

Class II nuclear facility

Class II nuclear facility means a Class II nuclear facility as defined in the Class II Nuclear Facilities and Prescribed Equipment Regulations. (installation nucléaire de catégorie II)

Class II prescribed equipment

Class II prescribed equipment means Class II prescribed equipment as defined in the Class II Nuclear Facilities and Prescribed Equipment Regulations. (équipement réglementé de Catégorie II)

direct regulatory activities

direct regulatory activities means those activities, such as assessing applications, issuing licences and certificates, granting approvals and authorizations, verifying and enforcing compliance and providing information, products and services, that are required for the Commission to fulfil its regulatory responsibilities. (activités de réglementation directes)

dosimetry services

dosimetry services means dosimetry services within the meaning of the Radiation Protection Regulations. (services de dosimétrie)

fee period

fee period means the 12-month period beginning on the date of issuance of a licence and, after that date, beginning on each anniversary date of the licence. (période d’application des droits)

fiscal year

fiscal year means the period beginning on April 1 in one calendar year and ending on March 31 in the next calendar year. (exercice)

former Regulations

former Regulations means the AECB Cost Recovery Fees Regulations, 1996. (ancien règlement)

full cost

full cost means the sum of the costs of the Commission’s direct regulatory activities and indirect regulatory activities, including salaries and benefits, rental of office accommodation, supplies and equipment, professional services, communications, travel and training. (coût entier)

indirect regulatory activities

indirect regulatory activities means those activities that are in support of direct regulatory activities, such as management, training, administration, human resources, finance, information technology services and the preparation of documents, including policies, standards, guides, procedures and notices. (activités de réglementation indirectes)

mine

mine or mill means a mine or mill as defined in the Uranium Mines and Mills Regulations. (mine ou usine de concentration)

waste nuclear substance activities

waste nuclear substance activities means activities in relation to waste nuclear substances that are not located at a Class I or a Class II nuclear facility or at a mine or mill. (activités liées aux déchets de substances nucléaires)

Application

2 These Regulations do not apply to

• (a) a secondary school or a specified educational institution as defined in subsection 2(1) of the Canada Student Loans Act;

• (b) a not-for-profit organization that carries out research and is wholly owned by an institution referred to in paragraph (a);

• (c) a not-for-profit institution that receives funds from the federal government, a provincial government or the government of a city, town or regional municipality and that provides medical services prescribed by a medical practitioner for the purpose of maintaining health, preventing disease or diagnosing or treating injury, illness or disability in patients;

• (d) a not-for-profit organization that responds to accidents and incidents, such as a fire department, a police department, an emergency response service, an emergency medical service or an ambulance service;

• (e) a department or agency of the federal government, a provincial government or the government of a city, town or regional municipality if the department or agency that applies for or holds a licence from the Commission in respect of a contaminated site that is abandoned on the coming into force of these Regulations and the contamination did not result from the activities of the applicant or licensee; or

• (f) a department as defined in section 2 of the Financial Administration Act.

PART 2Regulatory Activity Plan Fees

Application

3 This Part applies to applicants and licensees in respect of

• (a) Class I nuclear facilities;

• (b) mines and mills; and

• (c) waste nuclear substance activities.

Estimated Annual Fee

4 Before the beginning of each fiscal year, the Commission shall

• (a) calculate the estimated annual fee payable by an applicant or a licensee for that fiscal year using the estimated full cost of the regulatory activity plan prepared by the Commission for the applicant’s or licensee’s facility or activity; and

• (b) notify each applicant or licensee, in writing, of the regulatory activity plan and the estimated annual fee payable.

Quarterly Invoicing

• 5 (1) On a quarterly basis, the Commission shall send each applicant or licensee an invoice for an amount equal to 25% of the estimated annual fee payable.

• (2) Within 30 days after the date of the invoice, the applicant or licensee shall pay to the Commission the amount invoiced.

• (3) If changes occur in the Commission’s regulatory activity plan for any facility or activity for a fiscal year, the Commission may re-calculate the estimated fee for that facility or activity for the fiscal year and adjust the amount invoiced accordingly.

Annual Fee Adjustment

• 6 (1) Each year, following the end of the fiscal year, the Commission shall, for each facility or activity,

  • (a) calculate the actual full cost;

  • (b) calculate the fee adjustment by subtracting the estimated annual fee as calculated under section 4 from the actual full cost; and

  • (c) notify the applicant or licensee in writing of the amount of the actual full cost and the amount of the fee adjustment.

• (2) If the fee adjustment calculated under paragraph (1)(b) is

  • (a) less than the estimated annual fee, the Commission shall refund the difference to the applicant or licensee; or

  • (b) greater than the estimated annual fee, the Commission shall invoice the applicant or licensee for an amount equal to the difference, and the applicant or licensee shall pay to the Commission that amount within 30 days after the date of the invoice.

Initial Application

• 7 (1) In the case of an initial application for a facility or activity for which an estimated annual fee has not been calculated, the applicant shall pay to the Commission, with the application, a deposit of

  • (a) $25,000, if the application is in respect of a facility; or

  • (b) $5,000, if the application is in respect of a waste nuclear substance activity.

• (2) On receipt of the application and deposit, the Commission shall calculate the estimated annual fee payable for the current fiscal year in accordance with paragraph 4(a).

• (3) On a quarterly basis over the remaining quarters of the fiscal year after receipt of the application, the Commission shall invoice the applicant for the amount of the estimated annual fee payable, which is calculated on the basis of the number of quarters remaining in the fiscal year and is reduced by the amount of the deposit.

• (4) Within 30 days after the date of the invoice, the applicant shall pay to the Commission the amount invoiced.

• (5) After the end of the fiscal year, the estimated annual fee shall be adjusted in accordance with section 6.

8 [Repealed, SOR/2008-123, s. 2]

PART 3Formula Fees

Application

9 This Part applies to applicants and licensees in respect of

• (a) Class II nuclear facilities;

• (b) Class II prescribed equipment;

• (c) dosimetry services; and

• (d) nuclear substances and radiation devices to which the Nuclear Substances and Radiation Devices Regulations apply, except with respect to applications and licences for waste nuclear substance activities.

Formulas

• 10 (1) Fees under this Part shall be calculated using the formulas set out in Part 2 of Schedule 1.

• (2) The formulas comprise

  • (a) base hours as described in section 11;

  • (b) variable hours as described in section 12;

  • (c) a compliance coefficient as described in section 13; and

  • (d) an hourly rate as described in section 14.

Base Hours

11 For each type of application or licence, the base hours are the number of hours spent by the Commission

• (a) for the assessment of applications; and

• (b) to verify the licensee’s compliance with regulatory requirements.

Variable Hours

12 For each type of application or licence, the variable hours are the additional number of hours of direct regulatory activities as a result of the number of

• (a) treatment rooms, bunkers, laboratories and locations with separate postal addresses;

• (b) devices;

• (c) device manufacturers; and

• (d) types of Class II prescribed equipment as defined in the Class II Nuclear Facilities and Prescribed Equipment Regulations.

Compliance Coefficient

13 For each type of licence, the compliance coefficient is derived from the additional number of hours of direct regulatory activities spent by the Commission as a result of non-compliance by a licensee with regulatory requirements.

Hourly Rate

14 The hourly rate is the full cost divided by the total number of hours spent by the Commission on its direct regulatory activities.

Publication

15 Before the beginning of each fiscal year, the Commission shall publish, by electronic or other means likely to reach applicants and licensees, for each type of application or licence for a facility or activity set out in Part 1 of Schedule 1, the base hours, variable hours, compliance coefficient and hourly rate.

Payment of Fees

• 16 (1) On an initial application for a licence in respect of an activity or a facility listed in Part 1 of Schedule 1, the applicant shall pay to the Commission the assessment fee and the annual fee in accordance with subsections (2) and (3).

• (2) The assessment fee payable for a licence in respect of an activity or a facility listed in column 1 of Part 1 of Schedule 1 shall be calculated using the applicable fee formula set out in Part 2 of that Schedule, which is determined by the applicable formula number set out in column 2 of Part 1 of that Schedule.

• (3) The annual fee payable for a licence in respect of an activity or a facility listed in column 1 of Part 1 of Schedule 1 shall be calculated using the applicable fee formula set out in Part 2 of that Schedule, which is determined by the applicable formula number set out in column 3 of Part 1 of that Schedule.

• (4) On an initial application for a licence for an activity or a facility that is not listed in Part 1 of Schedule 1, the applicant shall pay the deposit and fees in accordance with Part 5.

• (5) If an initial application is withdrawn by the applicant before the assessment of the application by the Commission has begun, the assessment fee and annual fee paid shall be refunded to the applicant.

• (6) If an initial application is withdrawn by the applicant or rejected by the Commission after the assessment of the application by the Commission has begun, the assessment fee paid shall not be refunded and the annual fee paid shall be refunded to the applicant.

• (7) A re-application after withdrawal by the applicant or rejection by the Commission shall be treated as a new initial application.

Invoicing

• 17 (1) Every year before the licence anniversary date, the Commission shall issue to the licensee an invoice for the annual fee payable.

• (2) The licensee shall pay the fee to the Commission by the later of 30 days after the date of the invoice and the licence anniversary date.

Fee Not Affected

18 Changes in the number of any of the items referred to in paragraphs 12(a) to (d) during the fee period do not affect the fee payable for that period.

Revocation of Licence

• 19 (1) If a licence is revoked within the first year after its issuance, there shall be no refund of the annual fee paid.

• (2) If a licence is revoked after the first year of its issuance and the licensee has paid the annual fee for the current fee period,

  • (a) that fee shall be reduced by an amount equal to the product obtained by multiplying 25% of the annual fee paid by the number of full quarterly periods remaining in the fee period; and

  • (b) the Commission shall refund that amount to the former licensee.

20 [Repealed, SOR/2008-123, s. 5]

PART 4Fixed Fees

Application

21 This Part applies to applicants in respect of

• (a) licences to transport nuclear substances under the Packaging and Transport of Nuclear Substances Regulations, 2015, except licences to package or transport under special arrangement;

• (b) certifications of package designs under the Packaging and Transport of Nuclear Substances Regulations, 2015, except certifications of designs for special form radioactive material;

• (c) certifications of radiation device models under the Nuclear Substances and Radiation Devices Regulations;

• (d) certifications of Class II prescribed models of equipment under the Class II Nuclear Facilities and Prescribed Equipment Regulations; and

• (e) certifications of exposure device operators under the Nuclear Substances and Radiation Devices Regulations.

Payment of Fees

22 For each type of application set out in column 1 of Schedule 2, the applicant shall pay to the Commission, with the application, the fee set out in column 2.

Withdrawal

23 If an application is withdrawn by the applicant after the assessment of the application by the Commission has begun, there shall be no refund of the fee paid.

24 [Repealed, SOR/2008-123, s. 6]

PART 5Special Project Fees

Application

25 This Part applies to applicants and licensees for special projects in respect of

• (a) licences to package or transport required under paragraph 6(1)(d) of the Packaging and Transport of Nuclear Substances Regulations, 2015;

• (b) certifications of designs for special form radioactive material under the Packaging and Transport of Nuclear Substances Regulations, 2015;

• (c) licences or certifications not referred to in Parts 2, 3 or 4; and

• (d) information, products or services not referred to in Parts 2, 3 or 4.

Calculation of Fee

26 For each special project, the fee payable under this Part is equal to the sum of

• (a) the product obtained by multiplying the hourly rate referred to in section 14 by the number of hours of direct regulatory activities

and

• (b) if the Commission obtains professional and special services under contract, the cost of those services.

Application and Deposit

• 27 (1) The applicant shall deposit, with the application, the sum of $5,000.

• (2) The Commission shall apply the deposit against the fee payable.

• (3) On completion of a special project, any remaining balance of the deposit paid shall be refunded to the applicant.

Invoicing

• 28 (1) On a monthly basis, the Commission shall send to each applicant and licensee an invoice for the fees payable.

• (2) Within 30 days after the date of the invoice, the applicant or licensee shall pay to the Commission the amount invoiced.

29 [Repealed, SOR/2008-123, s. 8]

PART 6Transitional, Repeal and Coming into Force

Transitional Provision

• 30 (1) Any fees payable within the three years after the coming into force of these Regulations shall be reduced as follows:

  • (a) in the first year, by 15 percent;

  • (b) in the second year, by 10 percent; and

  • (c) in the third year, by 5 percent.

• (2) Subsection (1) does not apply in respect of the fees payable for special projects referred to in paragraph 25(d).

Repeal

31 [Abrogation]

Coming into Force

32 These Regulations come into force on the first day of the month following the month in which they are registered.