Nuclear Regulation in Canada

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1 Nuclear Regulation in Canada The Michael Rinker Director General Directorate of Environmental and Radiation Protection and Assessment Presentation to Mandated Review EA Panel Ottawa, ON September 9, 2016

2 Key Messages Environmental assessment (EA) is central to the CNSC s responsibilities Opportunities for public and Aboriginal consultation are continuous EA decisions are independent, transparent and evidence-based We will never compromise safety 2

3 Nuclear Safety and Control Act (NSCA) Regulates the use of nuclear energy and materials to protect the health, safety and security and the environment (subsection 9(a)) Implements Canada's international commitments on the peaceful use of nuclear energy (subsection 9(a)) Disseminates objective scientific, technical and regulatory information to the public (subsection 9(b)) Marking 70 years of nuclear safety in

4 The Commission Quasi-judicial administrative tribunal Agent of the Government of Canada (the Crown) Independent and transparent EA and licensing decisions Responsible Authority (RA) for Canadian Environmental Assessment Act, 2012 (CEAA 2012) EA decisions Commission proceedings are public and webcast Decisions, minutes and enforcement actions posted on website Decisions are reviewable only by Federal Court 4

5 The CNSC Regulates All Nuclear-Related Facilities and Activities Fuel Cycle Uranium mines and mills Uranium fuel fabrication and processing facilities Nuclear power plants Waste management facilities Nuclear substance processing facilities Industrial and medical applications Nuclear research and educational activities Export/import control from cradle to grave 5

6 CNSC Licensing Process O N G O I N G P U B L I C I N V O L V E M E N T Environmental assessment Licence (project) application Prepare site Construction Operate Decommission Abandon Others Public hearing Licence Technical assessment E N V I R O N M E N T A L M O N IT O RI N G Regulatory oversight Licence conditions Inspections Compliance Decisions Risk-informed Technically sound Based on credible, scientific evidence for the life of the project 6

7 The CNSC s Regulatory Framework The CNSC has effective and flexible regulatory framework environmental protection is within the CNSC s mandate under the NSCA other regulatory instruments identify further environmental protection requirements and guidance, i.e., regulations and licences Safety areas management system human performance management operating performance safety analysis physical design fitness for service radiation protection conventional health and safety Environmental protection linkages in all areas environmental protection emergency management and fire protection waste management security safeguards and nonproliferation packaging and transport 7

8 Environmental Protection Framework CNSC s regulatory framework for environmental protection documented EA processes under the NSCA and CEAA 2012 harmonizes and cooperates with other jurisdictions decisions made following public proceedings of the Commission authority to enforce adaptive management measures Aboriginal and public consultation ongoing through licensing processes CNSC requires: Environmental risk assessments (ERAs) every five years ongoing environmental monitoring ongoing effluent monitoring public information and disclosure protocols Most comprehensive full life-cycle environmental protection framework in Canada 8

9 CNSC Environmental Assessments EAs for projects on the Regulations Designating Physical Activities: CEAA 2012 EAs for projects not on the Regulations Designating Physical Activities and for subsequent licensing phases Project description EA review (environmental impact statement) Commission hearing and decision Ongoing licensing, monitoring and compliance site/regional offices conduct inspections daily inspections at nuclear power plants Lifecycle approach with public and Aboriginal participation from beginning to end Licence application including project description Review of licence application including EA review Commission hearing and decision Ongoing licensing, monitoring and compliance site/regional offices conduct inspections daily inspections at nuclear power plants 9

10 Ongoing Compliance, Monitoring and Follow-up CEAA 2012 EA follow-up programs incorporated into licences Example of CNSC regulatory oversight EA decision for a uranium mine/mill based on predictions for effluent water quality and environmental effects monitoring programs showed effluent as predicted BUT detected impacts on fish CNSC added a licence condition for licensee to investigate and develop new mitigation measures new limits for effluent now protective CNSC s Independent Environmental Monitoring Program Strong regulatory oversight 10 10

11 The CNSC s Extensive EA Track Record The CNSC s environmental review process is flexible while maintaining scientific rigor and can support the needs of different EA regimes CNSC/AECB EAs have been conducted for over 30 years initiated with the Environmental Assessment and Review Process Guidelines Order in 1985 Commission tribunal expertise acknowledged in recent Federal Court of Appeal decisions (Darlington refurbishment EA and new nuclear reactor) recognized best practices established in regulation for baseline characterization, waste management, characterization of releases, extreme events CNSC/AECB responsibility to evaluate environmental effects of projects under licensing responsibilities recognized by Federal Court of Appeal decision (McClean Lake project EA) recognized that changes in science and technology would occur over the life of a project and that AECB s (now CNSC) responsibility is to evaluate the effects of these developments in the context of its licensing responsibilities 11

12 International Best Practices The CNSC s international dimension participation in international committees and groups (i.e., International Atomic Energy Agency (IAEA)), meetings, research projects o consistency with internationally agreed upon best practices and principles IAEA Integrated Regulatory Review Service (IRRS) missions o compare country s regulatory practices with international standards international peer reviews by other regulators How the CNSC compares internationally arm s-length governance structure ensures independence and efficiency, prevents undue delays broader environmental protection elements beyond those prescribed in federal legislation for EA are considered long-term projects are effectively regulated: environmental protection measures adapted to reflect changes in the environment, new science, cost recovery is consistent with polluter pays principle 12

13 Other Key EA Considerations Climate change estimates for upstream and downstream greenhouse gas (GHG) emissions CNSC adopted methodology for the assessment of total GHG production, consistent with Environment and Climate Change Canada oil and gas methodology Cumulative effects assessment CNSC aligns with existing federal policy and guidance documents and works cooperatively with other federal authorities Regional initiatives The CNSC has previous experience participating in and contributing to regional monitoring initiatives o Saskatchewan Environment and Resource Management and the AECB: Joint cumulative effects monitoring program to monitor regional environmental effects resulting from multiple mining operations 13

14 CNSC Scientific Integrity 800 CNSC staff support the Commission, including experienced scientists recognized nationally and internationally The CNSC publishes a wide range of regulatory, scientific and licensing documentation (nuclearsafety.gc.ca/eng/resources/publications/index.cfm) Dissemination of information: CNSC conducts research on a wide range of topics, from health studies, long-term management of nuclear waste, and tritium cycling in the environment (nuclearsafety.gc.ca/eng/resources/research/index.cfm) The Research and Support Program provides access to independent advice, expertise, experience and information The CNSC relies on external experts as appropriate Union-management jointly established the Scientific Integrity Working Group 14

15 Public Participation - Example Public proceedings of Commission in Port Hope, Ontario, November 2016 public and webcast consideration of: licence renewal for the Port Hope Conversion Facility including EA report annual regulatory oversight report for nuclear facilities a public annual report card on performance, including environmental protection Ensuring meaningful participation direct communication with Aboriginals prior to proceedings May 2016: CNSC staff conducted CNSC 101 in Port Hope participant funding available frequent meetings with Port Hope municipality enforcement actions and events posted on CNSC s website to keep the public informed Next stop, La Ronge, Saskatchewan 15

16 CNSC s Approach to Aboriginal Consultation Aboriginal Consultation an essential element of licensing and compliance Act as the Crown Consultation Coordinator for most nuclear projects under whole-of-government approach Commission hearings form part of consultation process Athabasca Regional Government/McClean Lake Federal Court Decision (2010): Commission proceedings are an adequate means to discharge the duty to consult, had a duty existed Documented expectations sets out requirements and guidance for proponents whose proposed projects may raise the Crown s duty to consult Commitment to Transparency 16

17 Key Points The CNSC has a 70-year history regulating safety mature relationships with other jurisdictions, the public and Aboriginals Decisions are based on science and evidence Independent decisions that are absent of political interference Robust compliance programs that rely on site inspectors, regional offices and subject matter experts to inspect, enforce and report compliance matters Public participation is an ongoing commitment Aboriginal consultation begins with an EA, and continues throughout the life of a project 17 17

18 Thank you Questions? 18

19 Annex: EA under CEAA 2012 Project description / licence application EA and / or licensing review Commission hearing and decision Ongoing licensing, monitoring and compliance Pre-application Building and continued relationships EA notice of commencement PFP announcement Determine EA scope Crown Consultation Coordinator role Federal and provincial notifications Public participation Comment period on project description Aboriginal consultation Notification letters Follow-up phone calls Conduct technical review of EIS and licensing submissions Develop EA Report Public participation Invite participation in review of key docs Draft EIS EA Report Aboriginal consultation Meet with Aboriginal groups, as appropriate CNSC staff provide expertise, advice to Commission in public hearing, answer questions EA decision Licensing decision Public and Aboriginal participation: Members of the public and Aboriginal groups intervene in public hearings Ongoing regulatory oversight and compliance verification of EA and licence conditions Annual performance reports Public and Aboriginal participation: Continue longterm relationships with Aboriginal groups, local communities and members of the public 19