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

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  A₁

  A₁ has the same meaning as in the IAEA Regulations. (A₁)

  A₂

  A₂ has the same meaning as in the IAEA Regulations. (A₂)

  Act

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

  activity

  activity means the number of nuclear transformations occurring per unit of time, as measured in becquerels. (activité)

  alternative activity limit for an exempt consignment

  alternative activity limit for an exempt consignment, in respect of an instrument or article, means an activity limit for a consignment that is above the activity limit for an exempt consignment set out in the IAEA Regulations and that has been approved as meeting the exemption criteria set out in those Regulations for an instrument or article. (autre limite d’activité pour un envoi exempté)

  basic radionuclide value

  basic radionuclide value means either an A₁ in TBq, an A₂ in TBq, an activity concentration limit for an exempt material in Bq/g or an activity limit for an exempt consignment in Bq, as set out in the IAEA Regulations. (valeur de base pour un radionucléide)

  carrier

  carrier has the same meaning as in section 1.4 of the Transportation of Dangerous Goods Regulations. (transporteur)

  certificate

  certificate means a document issued by the Commission under paragraph 21(1)(h) of the Act or by a designated officer authorized under paragraph 37(2)(a) of the Act, indicating the certification of

  • (a) a package design;

  • (b) a design for special form radioactive material;

  • (c) a design for low dispersible radioactive material;

  • (d) the calculation of a value demonstrating that fissile-excepted radioactive material will remain subcritical;

  • (e) the calculation of the basic radionuclide value for radioactive material that has a basic radionuclide value that is not listed in the IAEA Regulations; or

  • (f) the calculation, for an instrument or article that has an alternative activity limit for an exempt consignment, of the alternative activity limit. (document d’homologation)

  confinement system

  confinement system means the assembly of fissile material and packaging components intended to preserve criticality safety. (système d’isolement)

  consignee

  consignee has the same meaning as in the IAEA Regulations. (destinataire)

  consignment

  consignment has the same meaning as in the IAEA Regulations. (envoi)

  consignor

  consignor has the same meaning as in section 1.4 of the Transportation of Dangerous Goods Regulations. (expéditeur)

  containment system

  containment system has the same meaning as in the IAEA Regulations. (enveloppe de confinement)

  contamination

  contamination has the same meaning as in the IAEA Regulations. (contamination)

  conveyance

  conveyance has the same meaning as in the IAEA Regulations. (moyen de transport)

  criticality safety index

  criticality safety index has the same meaning as in the IAEA Regulations. (indice de sûreté-criticité)

  effective dose

  effective dose has the same meaning as in subsection 1(1) of the Radiation Protection Regulations. (dose efficace)

  excepted package

  excepted package means a package that is designed in accordance with the applicable requirements of the IAEA Regulations. (colis excepté)

  exclusive use

  exclusive use has the same meaning as in the IAEA Regulations. (utilisation exclusive)

  fissile-excepted radioactive material

  fissile-excepted radioactive material means fissile radioactive material that is

  • (a) excepted from being classified as fissile in accordance with the IAEA Regulations; or

  • (b) contained in a package that is excepted from being classified as fissile in accordance with those Regulations. (matière radioactive fissile exceptée)

  fissile material

  fissile material has the same meaning as in the IAEA Regulations. (matière fissile)

  freight container

  freight container has the same meaning as in the International Maritime Dangerous Goods Code. (conteneur)

  IAEA

  IAEA means the International Atomic Energy Agency. (AIEA)

  IAEA Regulations

  IAEA Regulations means the Regulations for the Safe Transport of Radioactive Material, published by the IAEA, as amended from time to time. (Règlement de l’AIEA)

  instrument or article

  instrument or article means any tool, implement or object, or its components, that encloses nuclear substances and that is fabricated for a particular use other than solely for enclosing those nuclear substances. (Appareils ou objets)

  International Maritime Dangerous Goods Code

  International Maritime Dangerous Goods Code means the document of that name published by the International Maritime Organization, as amended from time to time. (Code maritime international des marchandises dangereuses)

  large object

  large object means an object that has been decommissioned from a nuclear facility, that is internally contaminated with nuclear substances meeting the requirements applicable to an SCO-I or SCO-II as set out in the IAEA Regulations and that cannot be transported in a type of package described in these Regulations due to its dimensions. (objet de grande dimension)

  low dispersible radioactive material

  low dispersible radioactive material has the same meaning as in the IAEA Regulations. (matière radioactive faiblement dispersable)

  low toxicity alpha emitters

  low toxicity alpha emitters has the same meaning as in the IAEA Regulations. (émetteurs alpha de faible toxicité)

  LSA material

  LSA material has the meaning assigned by the definition low specific activity (LSA) material in the IAEA Regulations. (matière LSA)

  management system

  management system has the same meaning as in the IAEA Regulations. (système de gestion)

  overpack

  overpack has the same meaning as in the IAEA Regulations. (suremballage)

  package

  package means packaging with its radioactive contents, as presented for transport. (colis)

  packaging

  packaging has the same meaning as in the IAEA Regulations. (emballage)

  passenger

  passenger has the same meaning as in section 1.4 of the Transportation of Dangerous Goods Regulations. (passager)

  prescribed equipment

  prescribed equipment means equipment that is prescribed by paragraph 20(a) of the General Nuclear Safety and Control Regulations. (équipement réglementé)

  radioactive material

  radioactive material means a nuclear substance that is a radioactive material, as defined in the IAEA Regulations. (matière radioactive)

  registered user

  registered user means a person who has received confirmation under subsection 19(3) from the Commission that their use of a package has been registered. (usager inscrit)

  SCO

  SCO has the meaning assigned by the definition surface contaminated object (SCO) in the IAEA Regulations. (SCO)

  special form radioactive material

  special form radioactive material has the same meaning as in the IAEA Regulations. (matière radioactive sous forme spéciale)

  specific activity

  specific activity has the same meaning as in the IAEA Regulations. (activité spécifique)

  Technical Instructions for the Safe Transport of Dangerous Goods by Air

  Technical Instructions for the Safe Transport of Dangerous Goods by Air means the document of that name, designated as Doc 9284, published by the International Civil Aviation Organization, as amended from time to time. (Instructions techniques pour la sécurité du transport aérien des marchandises dangereuses)

  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)

  transport index

  transport index has the same meaning as in the IAEA Regulations. (indice de transport)

  Type A

  Type A, in respect of a package, means that the package is designed in accordance with the applicable requirements of the IAEA Regulations. (type A)

  Type B

  Type B, in respect of a package, means that the package is classified as either a Type B(U) or a Type B(M) package in accordance with the IAEA Regulations and is designed in accordance with the applicable requirements of those Regulations. (type B)

  Type C

  Type C, in respect of a package, means that the package is designed in accordance with the applicable requirements of the IAEA Regulations. (type C)

  Type H(M)

  Type H(M), in respect of a package, means that the package has a type code of H(M) in accordance with the IAEA Regulations and is an excepted package, Type IP-1 package, Type IP-2 package, Type IP-3 package or Type A package that is designed to contain more than 0.1 kg of uranium hexafluoride that is non-fissile material or is fissile-excepted radioactive material. (type H(M))

  Type H(U)

  Type H(U), in respect of a package, means that the package has a type code of H(U) in accordance with the IAEA Regulations and is an excepted package, Type IP-1 package, Type IP-2 package, Type IP-3 package or Type A package that is designed to contain more than 0.1 kg of uranium hexafluoride that is non-fissile material or is fissile-excepted radioactive material. (type H(U))

  Type IP-1

  Type IP-1, in respect of a package, means that the package is designed in accordance with the applicable requirements of the IAEA Regulations.  (type IP-1)

  Type IP-2

  Type IP-2, in respect of a package, means that the package is designed in accordance with the applicable requirements of the IAEA Regulations. (type IP-2)

  Type IP-3

  Type IP-3, in respect of a package, means that the package is designed in accordance with the applicable requirements of the IAEA Regulations. (type IP-3)

• Marginal note:Incorporation by reference of IAEA Regulations

  (2) For the purposes of these Regulations, the incorporation by reference of any particular amendment of the IAEA Regulations is effective two years after the day on which the amendment is initially published by the IAEA or six months after the day on which the amendment is available in both of the official languages of Canada, whichever is later.

• Marginal note:Notice of effective date

  (3) The Commission must note the effective date of the incorporation by reference on its website.

• Marginal note:References in French version

  (4) In the French version of these Regulations,

  • (a) other than in paragraphs 6(1)(f), 7(h) and 11(3)(f) and subparagraph 26(1)(b)(iv), “approbation” is to be read to include “certificat d’agrément” and “certificat d’approbation” as used in the IAEA Regulations; and

  • (b) “approuvé” is to be read to include “agréé” as used in the IAEA Regulations.

• Marginal note:References in English version

  (5) In the English version of these Regulations, other than in paragraphs 6(1)(f), 7(h) and 11(3)(f) and subparagraph 26(1)(b)(iv), “approval” is to be read to include “certificate of approval” as used in the IAEA Regulations.

Application

Marginal note:Application

• 2 (1) Subject to subsection (2), these Regulations apply to the packaging and transport of

  • (a) prescribed equipment; and

  • (b) nuclear substances, including

    • (i) the design, production, use, inspection, maintenance and repair of packaging and packages for nuclear substances, and

    • (ii) the preparation, consigning, handling, loading, carriage, storage during transport, receipt at final destination and unloading of packages and unpacking of their contents.

• Marginal note:Exception

  (2) These Regulations, except for sections 6 and 7, do not apply to the packaging and transport of a nuclear substance

  • (a) that is naturally occurring, provided that it has

    • (i) a specific activity that is less than or equal to 70 kBq/kg, or

    • (ii) an activity concentration that does not exceed 10 times the activity concentration limit for exempt material values set out in the IAEA Regulations;

  • (b) that was implanted in or administered to a person or an animal for medical diagnosis or treatment purposes, or that subsists in their remains;

  • (c) that is contained in a sample of material taken for bioassay purposes;

  • (d) that is used by a holder of a licence on private property for the purpose of an activity described in paragraphs 26(a) to (c) of the Act that the licence authorizes the holder to carry on, if access to the property is controlled;

  • (e) that is contained in human or animal tissue samples or animal remains, or a liquid scintillation medium, if the specific activity of the nuclear substance averaged over the mass of the material does not exceed 10^-6 A₂/kg;

  • (f) that is contained in a product for which no licence is required under sections 6 to 8 of the Nuclear Substances and Radiation Devices Regulations following the sale of the product to an end user;

  • (g) that is an integral part of a conveyance and is required for transport purposes;

  • (h) that has an activity concentration that does not exceed the values for an exempt material set out in the IAEA Regulations or in a certificate for a basic radionuclide value that is not listed in the IAEA Regulations;

  • (i) that is in a consignment that has a total activity that does not exceed the values for an activity limit for an exempt consignment set out in the IAEA Regulations, in a certificate for a basic radionuclide value that is not listed in the IAEA Regulations or in a certificate for an instrument or article that has an alternative activity limit for an exempt consignment;

  • (j) that is contained in a check source for which no licence is required under section 8.1 of the Nuclear Substances and Radiation Devices Regulations following the sale of the check source to an end user;

  • (k) that is contained in a radiation device for which no licence is required under paragraph 5(1)(c) of the Nuclear Substances and Radiation Devices Regulations following the sale of the device to an end user;

  • (l) that consists of non-radioactive solid objects with radioactive material present on any surface in quantities not exceeding 0.4 Bq/cm² for beta and gamma emitters and low toxicity alpha emitters and 0.04 Bq/cm² for all other alpha emitters;

  • (m) that is in or on a person who is transported for medical treatment because the person has been subject to an accidental or deliberate intake or contamination;

  • (n) that is present in a load of waste that is in transport, is not classified as radioactive material and has triggered a radiation monitor alarm if the nuclear substance in the load has been determined only to be one or more of the following medical isotopes and if there is no loss or dispersal of the material during the transport:

    • (i) Chromium 51,

    • (ii) Indium 111,

    • (iii) Iodine 123, 124 or 131,

    • (iv) Gallium 67,

    • (v) Technetium 99m,

    • (vi) Thallium 201;

  • (o) that is being transported to a location for proper characterization in accordance with section 3, if

    • (i) it is present in a load that was already in transport,

    • (ii) it is not classified as radioactive material,

    • (iii) it has triggered a radiation monitor alarm and the maximum dose rate on any external surface of the vehicle that is transporting it is less than or equal to 500 µSv/h, and

    • (iv) there is no loss or dispersal of the material during the transport; or

  • (p) that is being transported by a peace officer to a location for proper characterization, if

    • (i) it is a forensic sample,

    • (ii) the peace officer has reason to believe that it is radioactive material,

    • (iii) the maximum dose rate on contact is less than or equal to 2 mSv/h on any external surface of the container,

    • (iv) there is no loss or dispersal of the material during the transport, and

    • (v) the Commission is advised immediately of the transport.