Packaging and Transport of Nuclear Substances Regulations, 2015 (SOR/2015-145)

Regulations are current to 2019-03-27

Classification of Material and Packages

Marginal note:General classification

 Subject to section 5, packages and radioactive material must be classified in accordance with the IAEA Regulations.

Marginal note:LSA-I material

  •  (1) LSA material is classified as LSA-I material if it is either non-fissile material or fissile-excepted radioactive material and if it consists of

    • (a) ores that contain naturally occurring radionuclides with a uranium and thorium concentration not greater than 3% by mass;

    • (b) radioactive material for which the A2 value is unlimited, except for ores that contain naturally occurring radionuclides with a uranium and thorium concentration greater than 3% by mass;

    • (c) concentrates of unirradiated thorium, of natural uranium or of depleted uranium, as those terms are defined in the IAEA Regulations, or their unirradiated compounds or mixtures in solid or liquid form;

    • (d) any mill tailings, contaminated earth, concrete, rubble, other debris and activated materials in which the radioactive material is essentially uniformly distributed and for which the average specific activity does not exceed 10-6 A2/g; or

    • (e) other radioactive material in which the activity is distributed throughout and for which the estimated average specific activity does not exceed 30 times the activity concentration limit for exempt material values set out in the IAEA Regulations or in a certificate for a basic radionuclide value that is not listed in those Regulations.

  • Marginal note:LSA-II material

    (2) LSA material is classified as LSA-II material if it consists of material

    • (a) that is less than 225 L of water with a tritium concentration that has an activity level not greater than 0.8 TBq/L; or

    • (b) in which the activity is distributed throughout and for which the estimated average specific activity does not exceed 10-4 A2/g for solids and gases and 10-5 A2/g for liquids.

  • Marginal note:LSA-III material

    (3) LSA material is classified as LSA-III material if it consists of solid material that is not in powder form and that meets the applicable requirements of the IAEA Regulations.

Licence

Marginal note:Licensing requirements

  •  (1) A person may transport a nuclear substance without a licence issued under subsection 24(2) of the Act for that purpose, except in the following cases:

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

    • (b) the nuclear substance is in transit in a package of a certified design or in a package that has been approved as Type B(U)-96, Type C-96 or Type H(U)-96 by a foreign competent authority in accordance with the IAEA Regulations unless, in the case of transport by aircraft or ship, there is no scheduled stop in Canada;

    • (c) the nuclear substance is contained in a large object;

    • (d) the transport of the nuclear substance cannot meet the requirements of these Regulations;

    • (e) the transport of the nuclear substance requires a special use vessel; or

    • (f) the transport of the nuclear substance requires multilateral approval of shipments in accordance with the IAEA Regulations.

  • Marginal note:Activity exemptions

    (2) A person may possess, transfer, import, export or use prescribed equipment without a licence issued under subsection 24(2) of the Act for that purpose.

  • Marginal note:Packaging exemptions

    (3) A person may package a nuclear substance without a licence issued under subsection 24(2) of the Act for that purpose.

  • Marginal note:Prohibitions imposed by section 26 of Act

    (4) For greater certainty, the exemptions established in subsections (1) to (3) relate only to the packaging and transport of nuclear substances and do not otherwise derogate from the prohibitions imposed by section 26 of the Act.

Marginal note:Application for licence

 An application for a licence under subsection 24(2) of the Act to transport a nuclear substance must contain

  • (a) the applicable information required by section 3 of the General Nuclear Safety and Control Regulations;

  • (b) the information required by section 5 of the Nuclear Security Regulations if the substance is a Category I, II or III nuclear material, as defined in those Regulations;

  • (c) the name, postal address and telephone number of each consignor and consignee;

  • (d) if the nuclear substance is one of those referred to in paragraph 6(1)(b),

    • (i) a description of the nuclear substance, including the name, chemical form and physical state, the activity — or, in the case of fissile material, the mass — of each nuclear substance in a package and the total activity or mass in the consignment,

    • (ii) the country of origin of the nuclear substance,

    • (iii) the reason for selecting a route through Canada,

    • (iv) the name of each carrier,

    • (v) the dates, times and locations of its arrival into and departure from Canada and of any scheduled stop or transshipment in Canada,

    • (vi) the number of the certificate or approval applicable to the package,

    • (vii) the number of packages to be transported,

    • (viii) the types of conveyance to be used during transit,

    • (ix) if a vessel is to be used as a conveyance during transit, the name of the vessel and its flag state,

    • (x) the United Nations number for the nuclear substance, and

    • (xi) the reference number of the emergency response assistance plan that is approved under section 7 of the Transportation of Dangerous Goods Act, 1992 or a reference to the effect that a plan is not required, as the case may be;

  • (e) if the nuclear substance is contained in a large object,

    • (i) information that demonstrates that the internal contamination

      • (A) is contained within the object and that all openings are sealed,

      • (B) meets the requirements applicable to an SCO-I or SCO-II as set out in the IAEA Regulations,

      • (C) is caused by a substance that is classified as non-fissile or fissile-excepted radioactive material, and

      • (D) is caused by a substance that is in solid form and that any liquid content is negligible,

    • (ii) information that demonstrates that the large object

      • (A) meets the free drop test requirements set out in the IAEA Regulations for the industrial package type referred to in section 27 for the SCO classification determined for the internal contamination,

      • (B) does not have a dose rate on contact of more than 2 mSv/h from the accessible surfaces of the object, as prepared for shipment, and

      • (C) does not have more than 4 Bq/cm2 of contamination on the exterior surfaces,

    • (iii) a detailed transport plan covering all activities associated with the shipment, including

      • (A) radiation protection,

      • (B) emergency response, and

      • (C) any special precautions or special administrative or operational controls that are to be employed during transport, and

    • (iv) details of the applicable management system;

  • (f) if the transport of the nuclear substance cannot meet the requirements of these Regulations,

    • (i) information that demonstrates that the overall level of safety in transport is at least equivalent to that which would be provided if all the applicable requirements of these Regulations were met,

    • (ii) a statement of the reasons why the consignment cannot meet the requirements of these Regulations, and

    • (iii) a statement of any special precautions or special administrative or operational controls that are to be employed during transport to compensate for the inability to meet the requirements of these Regulations;

  • (g) if the transport of the nuclear substance requires a special use vessel,

    • (i) the vessel owner’s and operator’s contact information, including, as applicable, their names, postal addresses, email addresses, telephone numbers and fax numbers,

    • (ii) a copy of the radiation protection program applicable to the shipment,

    • (iii) details of the consignment,

    • (iv) information on the stowage arrangements for the duration of the voyage, including for any consignments loaded or unloaded at ports of call en route,

    • (v) the dates, times and locations of arrival into and departure from Canada and of any scheduled stop in Canada,

    • (vi) a copy of any certificate or approval applicable to packages or materials in the consignment,

    • (vii) the name of the vessel and its flag state, and

    • (viii) a copy of any document issued by the competent authority of the vessel’s flag state approving the radiation protection program; and

  • (h) if the transport of the nuclear substance requires approval of shipment in accordance with the IAEA Regulations,

    • (i) the period of time, related to the shipment, for which the approval is sought,

    • (ii) information on the radioactive contents, the expected types of conveyance and the probable or proposed route,

    • (iii) details of how the precautions and administrative or operational controls referred to in the approval for the package design, if applicable, that was issued in accordance with the IAEA Regulations are to be put into effect,

    • (iv) a copy of the applicable approvals for the package design, and

    • (v) in the case of fissile material, information on the sum of criticality safety indexes and any related safety assessment, emergency response plan and administrative or operational controls.

 
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