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

Regulations are current to 2019-06-06

Production, Use and Possession of Prescribed Equipment (continued)

Marginal note:Producing special form radioactive material

  •  (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

  •  (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

  •  (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

  •  (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

 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.

Packaging and Transport of Radioactive Material

Marginal note:General obligations

  •  (1) Every person who transports, or presents for transport, radioactive material must comply with the requirements of the Transportation of Dangerous Goods Regulations.

  • Marginal note:Consignor’s responsibilities

    (2) Every consignor, other than a consignor of an excepted package, must comply with the requirements of the IAEA Regulations in respect of

    • (a) the provision of information for carriers;

    • (b) the notification of competent authorities; and

    • (c) the possession of certificates and instructions.

  • Marginal note:Advising consignee

    (3) The consignor must advise the consignee that the material is going to be transported.

  • Marginal note:Carrier’s responsibilities

    (4) Every carrier of radioactive material must

    • (a) comply, in respect of transport and storage, with the requirements of the IAEA Regulations except in respect of placarding;

    • (b) transport the material in accordance with the consignor’s instructions; and

    • (c) implement and maintain work procedures to ensure compliance with these Regulations and keep a record documenting those procedures.

Marginal note:Packages for transport

  •  (1) A consignor may present for transport and a carrier may transport

    • (a) radioactive material if the material is contained in

      • (i) an excepted package,

      • (ii) a Type IP-1, Type IP-2 or Type IP-3 package,

      • (iii) a Type A package,

      • (iv) a Type B or Type C package of a certified design,

      • (v) a package of a certified design used to transport fissile material, or

      • (vi) a package of a certified design used to transport 0.1 kg or more of uranium hexafluoride;

    • (b) the following if a licence has been issued for that purpose under subsection 24(2) of the Act:

      • (i) a nuclear substance contained in a large object,

      • (ii) a nuclear substance whose transport does not meet all of the requirements of these Regulations,

      • (iii) a nuclear substance whose transport requires a special use vessel,

      • (iv) a nuclear substance whose transport requires multilateral approval of shipments in accordance with the IAEA Regulations, and

      • (v) a package that is in transit and is of a design that has been approved as a Type B(U)-96 or Type C-96 package by a foreign competent authority in accordance with the IAEA Regulations;

    • (c) unpackaged LSA-I material or an unpackaged SCO-I, in accordance with the IAEA Regulations; and

    • (d) a package that contains 0.1 kg or more of uranium hexafluoride and that is of a design that has been approved as a Type H(U)-96 package by a foreign competent authority in accordance with the IAEA Regulations.

  • Marginal note:Activity or mass limits

    (2) The activity or mass of the radioactive material contained in the package must be within the applicable limit for that type of package as set out

    • (a) in the IAEA Regulations;

    • (b) in any applicable certificate; and

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

  • Marginal note:Previously not requiring certification

    (3) Despite subsection (1), a package that does not require certification by the Commission and whose design meets the requirements of the 1985 or 1985 (as amended in 1990) edition of the IAEA Regulations may be used if

    • (a) the package meets the applicable requirements of section 25; and

    • (b) the packaging was neither manufactured nor modified after December 31, 2003.

  • Marginal note:Previously certified

    (4) Despite subsection (1), a package manufactured to a package design certified under the requirements of the 1973, 1973 (as amended), 1985 or 1985 (as amended in 1990) edition of the IAEA Regulations may continue to be used if

    • (a) the package meets the applicable requirements of section 25;

    • (b) its manufacture began before

      • (i) January 1, 1996, for designs that meet the requirements of the 1973 or 1973 (as amended) edition of the IAEA Regulations, or

      • (ii) January 1, 2007, for designs that meet the requirements of the 1985 or 1985 (as amended in 1990) edition of the IAEA Regulations; or

    • (c) it contains fissile material that meets the applicable requirements for fissile material of the editions of the IAEA Regulations issued after 2009.

  • Marginal note:Requirements

    (5) For packages prepared in accordance with the requirements of an edition of the IAEA Regulations before the 2012 edition, if the material was considered fissile-excepted radioactive material under that earlier edition, and if it is neither excluded from the definition of fissile material nor excepted from the provisions applicable to fissile material in the editions of those Regulations issued after 2009, the package may be transported, provided that it is under exclusive use and the following formula yields a result of less than one:

    (A/B) + (C/D)

    where

    A
    is the mass in grams of uranium-235;
    B
    is 400 if the fissile material is mixed with substances that have an average hydrogen density less than or equal to water, or 290 in all other cases;
    C
    is the mass in grams of all other fissile nuclides, as defined in the IAEA Regulations; and
    D
    is 250 if the fissile material is mixed with substances that have an average hydrogen density less than or equal to water, or 180 in all other cases.
 
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