The Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Imports, Exports, and Safeguards) are designed to address Canada’s regulatory alignment with its international obligations, particularly under the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). These amendments, proposed by the Canadian Nuclear Safety Commission (CNSC), aim to update Canada’s General Nuclear Safety and Control Regulations (GNSCR) and Nuclear Non-Proliferation Import and Export Control Regulations (NNIECR) to meet its commitments to nuclear safeguards and non-proliferation. The changes focus on improving oversight over nuclear materials, research, and trade activities, ensuring compliance with international standards.

The amendments target regulatory gaps that currently hinder Canada’s ability to fully comply with its international commitments. These gaps result from misalignment between domestic regulations and international agreements, posing challenges for ensuring the peaceful use of nuclear energy. In particular, Canada needs to enhance safeguards monitoring, reporting, and control over small quantities of nuclear substances and entities involved in nuclear fuel cycle research, development, and manufacturing. Additionally, the amendments seek to modernize border procedures related to the import and export of nuclear-related information, removing unnecessary obstacles while maintaining international compliance.

The proposed changes affect two key areas: the GNSCR and the NNIECR. The amendments to the GNSCR will broaden safeguard requirements by imposing stricter reporting and inspection obligations on individuals and organizations that possess nuclear materials or engage in nuclear-related activities. Under the new rules, entities must report their nuclear material inventories annually, inform the CNSC of changes within one business day, and provide inspection access to both the CNSC and the International Atomic Energy Agency (IAEA). They will also need to retain records for a minimum of five years. The amendments will also modernize prescribed information requirements by eliminating the need for presenting physical copies of CNSC licences when importing or exporting prescribed nuclear information, reflecting the shift towards digital information sharing.

For the NNIECR, the amendments will align Canada’s regulations with international control lists maintained by bodies like the Zangger Committee and the Nuclear Suppliers Group (NSG). These lists govern the export and import of controlled nuclear substances, equipment, and information, and Canada’s alignment with them is essential to mitigating nuclear proliferation risks. The amendments will also introduce licence exemptions for low-risk nuclear-related items, such as tritium-containing devices for personal use. Additionally, to enhance regulatory oversight, the CNSC will require more detailed information from applicants seeking import or export licences, including business numbers, email addresses, and process documentation. A five-year record retention period will also be established for documents related to the import and export of controlled nuclear materials and information, improving long-term compliance and oversight.

Canada (Proposed Regulation) March 30, 2024