The Regulations Amending the Class II Nuclear Facilities and Prescribed Equipment Regulations, SOR/2025-197 under the authority of the Nuclear Safety and Control Act, introduce amendments to provisions concerning the certification and decertification of radiation safety officers. These amendments are part of the Canadian Nuclear Safety Commission’s (CNSC) ongoing effort to modernize regulatory language and align regulatory practices with the powers delegated by Parliament. The amendments specifically revise subsections 15.04(1) and 15.08 of the existing Class II Nuclear Facilities and Prescribed Equipment Regulations (C2NFPER) to ensure clarity, consistency, and proper reflection of legislative authority, addressing prior concerns raised by the Standing Joint Committee for the Scrutiny of Regulations.

The background for these amendments dates to November 2016, when the Committee identified language discrepancies in the C2NFPER and noted issues in the sections governing certification and decertification of radiation safety officers. While a prior miscellaneous amendments package in 2022 addressed some discrepancies, subsections 15.04(1) and 15.08 remained under review to ensure alignment with statutory authority. These subsections do not present safety concerns but relate to administrative clarity and the appropriate exercise of regulatory authority.

The objective of the amendments is to clarify and align the CNSC and designated officers’ powers in certifying and decertifying radiation safety officers with the legislative authority granted under subsection 44(1) of the Nuclear Safety and Control Act. Previously, the language of subsection 15.04 suggested discretionary decision-making in certification, which raised concerns about potential undue discretion even when a candidate successfully passed an accredited examination and demonstrated competence for the position. To address this, the amendment changes the wording from “may” to “shall,” requiring the CNSC or designated officer to certify any individual meeting the conditions of subsection 15.04(1).

Section 15.08, which addresses decertification, was amended to link its criteria directly to the certification requirements in subsection 15.04(1). This addition clarifies circumstances under which a radiation safety officer may be decertified, ensuring transparency and predictability. A designated officer may decertify a person if they no longer meet the requirements set out in subsection 15.04(1), such as loss of competence or failure to meet the exam standards.

These changes are part of a broader effort to modernize the C2NFPER, improving regulatory clarity, and ensure that radiation safety officers and the public have clear guidance on certification and decertification processes. By explicitly linking certification to competency and legislative purpose and clarifying decertification criteria, the amendments strengthen regulatory predictability and align practice with the CNSC’s mandate.

Canada (197/2025) October 14, 2025
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