Challenges for Regulators

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Challenges for Regulators Past, Present and Future Dr. Michael Binder President and Chief Executive Officer Canadian Nuclear Safety Commission Presentation to the Federal Provincial Territorial Radiation Protection Committee October 26, 2017 e-doc 5324134

My Background: A Brief Overview Ph.D. in theoretical physics University of Alberta, 1971 First 10 years Defence Research Board; Ministry of State for Urban Affairs; Canada Mortgage and Housing Corporation Next 10 years Treasury Board Secretariat, Office of the Comptroller General; Department of Communications, Assistant Deputy Minister, Corporate Management Subsequent 17 years Department of Communications, Industry Canada Many experiences in over 40 years of public service 2

A Career Full of Regulatory Challenges Policy Spectrum auction; foreign ownership Organizational Intergovernmental squabbles; structural changes Technological Broadband; wireless Credibility Info highway Never a dull moment in Canada s Public Service 3

I Received an Unexpected Call in Early 2008 and switched focus from non-ionizing to ionizing radiation 4

I Stepped Into My First CNSC Challenge: The Aftermath of the Isotope Crisis New CEO Health directive Regulatory credibility Licensee relations Stability Many issues to sort through 5

Fukushima: The first significant challenge under my watch First nuclear accident in 25 years Public concerns CNSC leadership Global industry response Unexpected test of planning, response and communications 6

Canadian Nuclear Safety Commission Regulates the use of nuclear energy and materials to protect health, safety, security and the environment Implements Canada's international commitments on the peaceful use of nuclear energy Disseminates objective scientific, technical and regulatory information to the public Nuclear Safety and Control Act modern, clear legislation 7

A Vision In Place Vision To be the best nuclear regulator in the world Employer of choice Core + 4 Commitments to ongoing improvements Clarity of licensing framework Capacity for action Communications Priority Setting and Analysis Strategic Planning Framework: Environmental Scan; Enterprise Risk Management and the means to achieve it 8

Consider International Best Practices The CNSC applies international best practices Aligned with the International Atomic Energy Agency s and the Nuclear Energy Agency s recommendations on further improving regulatory effectiveness and strengthening safety culture Always room for customization and improvement 9

Top 10 Attributes of a Best in Class Regulator 1. Clear legislation and regulations 2. Safety focus 3. Independent 4. Openness and transparency 5. Technical competence 6. Modern, flexible regulatory framework 7. Science-based decision making 8. Dissemination of information 9. Well-managed and well-resourced organization 10. Continuous improvement 10

CNSC Regulatory Framework /eng/acts-and-regulations/regulatory-framework/index.cfm Governed by the Nuclear Safety and Control Act Requirements in regulations Comprehensive suite of documents cover requirements and guidance, focusing on regulated facilities and activities, safety and control areas, and other regulatory areas Adheres to the Cabinet Directive on Regulatory Management Regulatory Framework Plan ensure that the framework is current and responsive Check out what we are working on in Annex A 11

CNSC Regulations /eng/acts-and-regulations/regulations/index.cfm Regulations of Facilities and Activities Class I Nuclear Facilities Regulations Class II Nuclear Facilities and Prescribed Equipment Regulations Uranium Mines and Mills Regulations Nuclear Substances and Radiation Devices Regulations Regulations of Conduct of CNSC Business Canadian Nuclear Safety Commission Cost-Recovery Fees Regulations Canadian Nuclear Safety Commission Rules of Procedure Canadian Nuclear Safety Commission By-laws Reviewed on a 5 year cycle Regulations of General Application General Nuclear Safety and Control Regulations Radiation Protection Regulations Nuclear Security Regulations Packaging and Transport of Nuclear Substances Regulations Nuclear Non-Proliferation Import and Export Control Regulations Administrative Monetary Penalties Regulations 12

CNSC Regulatory Documents /eng/acts-and-regulations/regulatory-documents/index.cfm 1.0 Regulated facilities and activities 1.1 Reactor facilities 1.2 Class IB facilities 1.3 Uranium mines and mills 1.4 Class II facilities 1.5 Certification of prescribed equipment 1.6 Nuclear substances & radiation devices 3.0 Other regulatory areas 3.1 Reporting requirements 3.2 Public and Aboriginal engagement 3.3 Financial guarantees 3.4 Commission proceedings 3.5 Information dissemination 3.6 CNSC Glossary 2.0 Safety and control areas 2.1 Management system 2.2 Human performance management 2.3 Operating performance 2.4 Safety analysis 2.5 Physical design 2.6 Fitness for service 2.7 Radiation protection 2.8 Conventional health and safety 2.9 Environmental protection 2.10 Emergency management and fire protection 2.11 Waste management 2.12 Security 2.13 Safeguards and non-proliferation 2.14 Packaging and transport 13

Regulatory Challenges Status of radiation protection regulations in provinces and territories NORM disposal guidance Control of equipment not approved in Canada that is brought into Canada Demand for handheld X-ray equipment Clarity is essential for safety 14

Emergency Preparedness and Response Importance of federal and provincial / territorial coordination Post-accident recovery DIS-17-01, Framework for Recovery in the Event of a Nuclear or Radiological Emergency Emergency Preparedness Review (EPREV) IAEA peer review mission to Canada Ready to respond; hopefully never need to 15

Radiation Safety New dose limit for lens of the eye REGDOC-2.7.3, Radiation Protection Guidelines for the Safe Handling of Decedents out for consultation until November 19, 2017 body preparation autopsy cremation Inadequate knowledge can result in unnecessary harm 16

Public Education and Communication Schools Geigers in Schools Communities Elected officials Influencers No progress without knowledge 17

Correcting the Record Misinformation Fearmongering vs. ignorance Amplifying effect of social media Social licence A regulator s obligation is to the truth 18

Current Challenges at the CNSC Government reviews / initiatives Environmental assessments Fisheries Act; Navigation Protection Act Renewing relationship with Indigenous Peoples Power plant refurbishments / life extensions continued operation Radioactive waste management Alcohol and drug testing New technologies Never a dull moment 19

Concluding Thoughts Social media will continue to enhance the ability to communicate and miscommunicate on issues Public is counting on us as regulators to help sort fact from fiction Need to find ways to properly inform and engage the public Communicating about radiation is hard! 20

Find Out More About Us Visit us online Like us on Facebook Follow us on Twitter View us on YouTube Subscribe to updates Contact us

Annex A: Regulatory Framework Activities Current work on discussion papers DIS-16-02, Radiation Protection and Dosimetry Feedback from discussion paper is informing the development of two new regulatory documents, REGDOC-2.7.1, Radiation Protection, and REGDOC-2.7.2, Dosimetry DIS-16-03, Radioactive Waste Management and Decommissioning The CNSC will publish a What We Heard Report in the fall that will outline some of the next steps regarding the regulatory framework for waste and decommissioning 22

Annex A: Regulatory Framework Activities (2) Current work on discussion papers (2) DIS-16-04, Small Modular Reactors: Regulatory Strategy, Approaches and Challenges Workshop in November 2017 on the application of the graded approach The CNSC is developing a licence application guide DIS-16-05, Human Performance The CNSC will publish What We Heard Report in the fall that will outline some of the next steps DIS-17-01, Framework for Recovery in the Event of a Nuclear or Radiological Emergency Public comment period is open until December 27, 2017 23

Annex A: Regulatory Framework Activities (3) Current work on regulations Fukushima-related amendments Published in the Canada Gazette, Part II. on October 4, 2017 Came into force on the day of publication Radiation Protection Regulations Proposed amendments reflect current science on radiation protection and align with international standards Targetting public consultation in the Canada Gazette, Part I, in early 2018 24

Annex A: Regulatory Framework Activities (4) Current work on regulations (2) Nuclear Non-proliferation Import Export Control Regulations (NNIECR) Proposed amendments update NNIECR to align with international guidelines CNSC staff will provide a briefing to the Commission in late fall 2017 Targetting public consultation in the Canada Gazette, Part I, in spring 2018 Nuclear Security Regulations (NSR) Conducted early consultation with stakeholders to identify opportunities to modernize the NSR based on operational experience and evolving technologies Consultation is ongoing Targeting public consultation in the Canada Gazette, Part I, in 2019 25

Annex A: Regulatory Framework Activities (5) Regulatory documents coming to the Commission CNSC staff plan to present the following to the Commission in the coming months December 2017 March 2018 REGDOC-2.13.1, Safeguards and Nuclear Material Accountancy REGDOC-3.1.2, Volume I, Reporting Requirements for Non-Power Reactor Class I Nuclear Facilities and Uranium Mines and Mills REGDOC-1.1.1, Licence to Prepare Site and Site Evaluation for New Reactor Facilities REGDOC-2.1.2, Safety Culture REGDOC-2.7.3, Radiation Protection Guidelines for the Safe Handling of Decedents 26

Annex A: Regulatory Framework Activities (6) Nuclear standards CSA Group nuclear standards are an important component of the CNSC regulatory document framework Standards available on the CSA Group s website Notification of draft standard issued for public review forwarded to CNSC s stakeholders through its distribution email list The CNSC and CSA Group meet several times a year to discuss program planning Others: International Atomic Energy Agency (IAEA), American Society of Mechanical Engineers (ASME), American National Standards Institute (ANSI), etc. 27