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

Marginal note:Application for certification of subcriticality

• 12 (1) An application for certification of the calculation referred to in subsection 10(3) must include

  • (a) a description of the fissile-excepted radioactive material, including its name, chemical form and physical state;

  • (b) the calculation of a value demonstrating that the material will remain subcritical without the need for accumulation control under the conditions described in the IAEA Regulations, including tests performed, principles used, assumptions made, scenarios considered, limitations that should be applied and any data, formulae or analysis tool used;

  • (c) in respect of the calculation, a copy of any applicable approval issued by a foreign competent authority in accordance with the IAEA Regulations;

  • (d) in respect of a special form radioactive material, a copy of any applicable approval issued by a foreign competent authority in accordance with the IAEA Regulations or a copy of any applicable certificate;

  • (e) in respect of low dispersible radioactive material, a copy of any applicable certificate;

  • (f) details of the applicable management system;

  • (g) details of any actions needed to be taken before shipment; and

  • (h) any other information necessary to demonstrate that the calculation meets the applicable requirements of these Regulations.

• Marginal note:New application for certification

  (2) No later than 60 days after the day on which the certificate expires, an applicant may make a new application for certification to the Commission or a designated officer if the calculation of the value has not been modified. The application must include

  • (a) a statement confirming that the calculation of a value demonstrating that the material will remain subcritical without the need for accumulation control under the conditions described in the IAEA Regulations has not been modified and that the tests performed, principles used, assumptions made, scenarios considered, limitations that should be applied and any data, formulae or analysis tool used have not been modified;

  • (b) a copy of any applicable approval issued by the foreign competent authority in accordance with the IAEA Regulations since the last certification;

  • (c) a statement confirming that the details of the applicable management system and any actions needed to be taken before shipment that were previously submitted have not been modified; and

  • (d) any other information necessary to demonstrate that the calculation meets the applicable requirements of these Regulations.

Marginal note:Application for certification of calculated values

• 13 (1) An application for certification of the calculation referred to in subsection 10(4) must include

  • (a) a description of the nuclear substance, including its name, chemical form and physical state;

  • (b) the calculation of the basic radionuclide value, including the principles used, assumptions made, scenarios considered and any data or formulae used to determine the value;

  • (c) a copy of any applicable approval issued by a foreign competent authority in accordance with the IAEA Regulations;

  • (d) in respect of an instrument or article,

    • (i) details of the instrument or article that will contain the nuclear substance, including the identification, details of construction and intended uses of the instrument or article and the location of the nuclear substance,

    • (ii) the maximum activity of the instrument or article,

    • (iii) the maximum external radiation level arising from the instrument or article,

    • (iv) details of the management system for the design and production of the instrument or article, and

    • (v) instructions for the use, inspection, maintenance and disposal of the instrument or article; and

  • (e) any other information necessary to demonstrate that the calculation meets the applicable requirements of these Regulations.

• Marginal note:New application for certification

  (2) No later than 60 days after the day on which the certificate expires, an applicant may make a new application for certification to the Commission or a designated officer if the calculation has not been modified. The application must include

  • (a) a statement confirming that the calculation of the basic radionuclide value, including the principles used, assumptions made, scenarios considered and any data or formulae used to determine the calculation, has not been modified;

  • (b) in respect of an instrument or article, a statement confirming that the information previously submitted has not been modified or, if it has been modified, the revised information and a statement confirming that the modifications are without technical significance and do not affect safety;

  • (c) a copy of any applicable approval issued by the foreign competent authority in accordance with the IAEA Regulations since the last certification;

  • (d) a statement confirming that the instructions previously submitted in respect of the certified calculation have not been modified; and

  • (e) any other information necessary to demonstrate that the calculation meets the applicable requirements of these Regulations.

Marginal note:Application for certification

• 14 (1) The applications for certification referred to in sections 11 to 13 must be made to the Commission or a designated officer.

• Marginal note:Modifications requiring new certification

  (2) If the certified design or calculation referred to in section 10 has been modified in a manner that affects the safety of the prescribed equipment referred to in that section, the certificate is void and a new application for certification must be made.

Marginal note:Notice of refusal to certify

• 15 (1) The Commission, or the designated officer, must notify a person who has applied for certification of a proposed decision not to certify, as well as the basis for the proposed decision, at least 30 days before making the decision.

• Marginal note:Right to be heard

  (2) The notice must include a description of the person’s right to be provided with an opportunity to be heard in accordance with section 17.

Marginal note:Notice of decertification

• 16 (1) The Commission, or the designated officer, must notify a person to whom a certificate has been issued and, in the case of a certificate for a package design, any registered user of a package of that design, of a proposed decision to decertify, as well as the basis for the proposed decision, at least 30 days before making the decision.

• Marginal note:Right to be heard

  (2) The notice must include a description of the person’s and the registered user’s right to be provided with an opportunity to be heard in accordance with section 17.

Marginal note:Opportunity to be heard

• 17 (1) The Commission, or the designated officer, must provide the person referred to in section 15 or 16 or the registered user referred to in section 16 with an opportunity, in respect of the proposed decision, to be heard either orally or in writing if, within 30 days after the date of the notice, they request that opportunity.

• Marginal note:Notification of final decision

  (2) Every person and registered user who is notified in accordance with section 15 or 16 must be notified of the final decision and the reasons for it.

Production, Use and Possession of Prescribed Equipment

Marginal note:Producing package of certified design

18 Every person who produces a package of a certified design must

• (a) produce the package in accordance with the requirements set out in the certificate; and

• (b) clearly mark the package with the certificate number, design number and serial number.

Marginal note:Application for registration

• 19 (1) A person who intends to use a package of a certified design must apply to the Commission to register their use of the package.

• Marginal note:Information for registration

  (2) The Commission must register the applicant’s intended use of the package on receipt of an application containing the following:

  • (a) the applicant’s contact information, including, as applicable, their name, postal address, email address, telephone number and fax number;

  • (b) the name of a person who can be contacted for transport purposes;

  • (c) the number of any licence that the applicant holds in respect of the contents of the package;

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

  • (e) the package’s design and serial numbers; and

  • (f) a statement confirming that the applicant possesses the instructions necessary to prepare the package for shipment, as set out in the certificate for the package design.

• Marginal note:Confirmation

  (3) An applicant may use the package only if they have received confirmation from the Commission that their use of the package has been registered.

Marginal note:Producing special form radioactive material

• 20 (1) Every person who produces special form radioactive material must

  • (a) use a certified design and produce the material in accordance with the requirements set out in the certificate; and

  • (b) clearly mark the material, or any source holder to which it is permanently attached, in a unique, legible and durable manner.

• Marginal note:Transporting special form radioactive material

  (2) A person may transport special form radioactive material only if it has been produced in accordance with a certified design or a design approved by a foreign competent authority in accordance with the IAEA Regulations.

• Marginal note:Prior approvals

  (3) Every person who possesses special form radioactive material, the design of which was approved under the 1973, 1973 (as amended), 1985 or 1985 (as amended in 1990) edition of the IAEA Regulations, must ensure that the material was produced before January 1, 2004 and that it is used in compliance with section 24.

Marginal note:Producing low dispersible radioactive material

• 21 (1) Every person who produces low dispersible radioactive material must

  • (a) use a certified design and produce the material in accordance with the requirements set out in the certificate; and

  • (b) clearly mark the material in a unique, legible and durable manner.

• Marginal note:Transporting low dispersible radioactive material

  (2) A person may transport low dispersible radioactive material only if it has been produced in accordance with a certified design.

Marginal note:Instrument or article having alternative activity limit

• 22 (1) Every person who produces an instrument or article that has an alternative activity limit for an exempt consignment must use the applicable certified calculation and produce the instrument or article in accordance with the requirements set out in the certificate.

• Marginal note:Transporting instrument or article having alternative activity limit

  (2) A person may transport an instrument or article that has an alternative activity limit for an exempt consignment only if it has been produced using the applicable certified calculation.

Marginal note:Producing fissile-excepted radioactive material

• 23 (1) Every person who produces fissile-excepted radioactive material that requires a certified calculation of a value demonstrating that the material will remain subcritical must do so in accordance with the requirements set out in the certificate.

• Marginal note:Transporting fissile-excepted radioactive material

  (2) A person may transport fissile-excepted radioactive material that requires a certified calculation of a value demonstrating that the material will remain subcritical only if it has been produced in accordance with the requirements set out in the certificate.

Management System

Marginal note:Management system

24 Every person who designs, produces, tests, uses, inspects, maintains or repairs prescribed equipment must

• (a) implement and maintain a management system in accordance with the IAEA Regulations;

• (b) keep a record documenting the system and of any information collected under it; and

• (c) retain the record for a period ending two years after the day on which the prescribed equipment is removed from service.