Implementation of IAEA Code of Conduct and Guidance

Timothy Hayes Licensing Officer, Non-Proliferation and Export Controls Division Canadian Nuclear Safety Commission

September 16, 2010

3rd African IRPA Regional Congress

Nairobi, Kenya

Implementation of IAEA Code

of Conduct and Guidance –

Exporting State Perspective

Outline of Presentation

• CNSC Overview

• Infrastructure for Regulatory Control of Radioactive

Sources in Canada

• Implementation of IAEA Code and Guidance in Canada

• Challenges to the Efficient and Harmonized

Implementation of IAEA Code and Guidance

• International Harmonization through Bilateral

Arrangements

• Discussion

3rd African IRPA Regional Congress – Nairobi, Kenya - 10-09-16 - 2

Canadian Nuclear Safety Commission (CNSC)

• Canada’s nuclear regulator

• Federal agency reporting to Parliament

through Natural Resources Minister

• Regulates all nuclear facilities and

activities to:

• protect the health, safety and security

of persons and the environment

• assure that Canada meets its international

commitments and obligations on the

peaceful use of nuclear energy


Nuclear Safety and Control Act (2000)

• Establishes the Commission

• Quasi-judicial administrative tribunal

• Scientific, technical and professional staff

• Approx. 850, mostly in HQ in Ottawa

• Licensing and enforcement authorities

• Regulation making powers

• Power to enter into arrangements with

domestic, foreign or international agencies


CNSC Regulates Facilities and Activities…

The fuel cycle

• Uranium mines and mills

• Uranium fuel fabricators and processing

• Nuclear power plants

• Waste management facilities

Other facilities and activities

• Nuclear substance processing

• Industrial and medical applications of nuclear substances

• Research and educational facilities

• Export/import of controlled nuclear substances, equipment and technology


Risk-Informed Regulatory Processes

• Use of risk-informed regulatory

processes to optimize resource

allocation and decision-making

• Applies to licensing and

compliance activities related to

radioactive sources

• Consistent with IAEA Code of

Conduct


CNSC Control of Radioactive Sources

• CNSC has adopted a life-cycle “cradle to grave” approach

• Under NSCA, licence is required for use, possession and export of radioactive sources

• Sealed Source Tracking System (SSTS) & National Sealed Source Registry (NSSR) implemented January 2006

• Enhanced Export and Import licensing controls for Category 1 and 2 radioactive sources implemented April 2007


IAEA Integrated Regulatory

Review Service Findings and

Recommendations:

• Robust and well-established

nuclear regulatory framework

• Effective in achieving mandate

• Improvement needed in strategic

planning and research strategy

Confirmed we’re on the right Track

IAEA IRRS Mission to Canada – June 2009


http://www.iaea.or.at/

• Canada is a global leader in the

export of IAEA Category 1 and 2

radioactive sources

• As such, the Canadian Government is

a strong proponent of the

establishment and maintenance of an

effective, efficient and harmonized

international regime for ensuring the

safety and security of such sources

Implementation of the IAEA Code and Guidance in

Canada


• 99 States committed to the IAEA

Code of Conduct (as of July 2010)

• 59 States committed to the IAEA

Guidance on Import and Export (as of

July 2010)

• Strong Canadian political support to

both Code and Guidance

• CNSC responsible for implementing

export/import controls in Canada,

under the NSCA

Code & Guidance International Commitment


CNSC Import/Export Control Program

• Fully implemented import and export control

program as of April 1, 2007

• Global interaction with 81 countries to-date in

authorizing exports of Category 1 and 2

radioactive sources

• Published INFO-0791: Control of the Export

and Import of Risk-Significant Radioactive

Sources

• Establishment of bilateral Administrative

Arrangements for the harmonized

implementation of the import/export Guidance


Challenges to the Efficient and Harmonized

Implementation of IAEA Code and Guidance

• Variable political commitments and

inconsistent implementation

internationally

• Difficulties in dealing with wide range of

procedures, and awareness (leads to

delays in authorizing exports)


• Delays and difficulties in obtaining timely responses

to Import Consent Requests:

• leads to delays in authorizing exports, with consequent impacts

on suppliers and users

• national POC list needs to be kept current and to identify

appropriate contacts

• agreed timelines (bilateral understandings can help)


Challenges to the Efficient and Harmonized

Implementation of IAEA Guidance

Efforts to Minimize Challenges

• How do we address these challenges?

• Continue to promote commitment to and adoption of Code and

Guidance

• Domestic and international outreach sessions

• Participation in International Meetings / Events

• Increased use of bilateral or other administrative arrangements

to facilitate harmonization of regulatory practices


Effective and Sustainable Cooperation and

Networks

Bilateral Regulatory Arrangements

• Establishment of non-binding, formal bilateral administrative

arrangements with foreign regulators:

• CNSC is authorized to enter into such arrangements under the NSCA

• Arrangements in effect with United States, Mexico, Brazil, Columbia,

Argentina, Japan

• Final texts agreed upon with Australia, Italy and Thailand

• Negotiations ongoing with several other countries

• Informal communication channels with other regulatory authorities

• Canada and its partners are committed to bilateral cooperation

related to the safety and security of Radioactive Sources


Objectives of Bilateral Regulatory Arrangements

• To establish efficient and harmonized bilateral

procedures for the implementation of import and

export controls

• To promote an effective, efficient, and harmonized

international import and export control regime for

ensuring the security and safety of radioactive

sources


Elements of a Bilateral Arrangement

• Definitions

• Import and export authorization and notification procedures/timelines

• Points of Contact

• Notification forms

• Communications and information exchange


Nature of Bilateral Arrangement

Bilateral Arrangement is… • Non-legally binding

• Agency to agency and not government to

government

• A means to provide clarity on respective regulatory

procedures, time-lines and communications


Maintenance of Bilateral Arrangement

• Periodic review by both agencies engaged in the

Arrangement to identify and accommodate any changes to

the Arrangement

• This type of Arrangement is a working document, used on a

daily basis… therefore it is important to undertake periodic

reviews


Establishing Effective Cooperation and

Networks requires more than a signature

Benefits of a Bilateral Arrangement

• Meets the respective regulatory needs and

international commitments of both States

engaged in the Arrangement

• Assists in ensuring radioactive sources

imported and exported between States are

used within an appropriate framework of

radiation safety and security


“The IAEA Secretariat expects that implementation

of this Code of Conduct will help national

authorities to ensure that radioactive sources are

used within an appropriate framework of radiation

safety and security.”

IAEA Code of Conduct on Safety and Security of Radioactive Sources

IAEA Code Statement



“Every State should ensure that the regulatory body

established by its legislation has the authority to liaise with

regulatory bodies of other countries and with international

organizations to promote cooperation and the exchange of

regulatory information.”

Guiding Principle of Partnership / Cooperation

IAEA Code of Conduct on Safety and Security of Radioactive Sources

IAEA Code – Principle of Cooperation



“Prior to authorizing the export of Category 1 source, the

exporting State should have consent from the importing

State. The nature of the consent should be determined

through appropriate bilateral channels or agreements.”

Para. 6 of Guidance

The nature and timing of consent is explicitly outlined and agreed

upon within the bilateral Arrangement

IAEA Guidance Statement



“The implementation of bilateral agreements is an

important initiative in order to fully implement the

provisions of the Code of Conduct concerning import and

export of radioactive source”

IAEA IRRS Mission to Canada – June 2009

Confirmed the bilateral arrangement is the

right tool to get the job done



Immediate outcomes of establishing Arrangements…

• Cooperation

• Communication

• Collaboration


Outcomes of our Bilateral Arrangements

Thank You

nuclearsafety.gc.ca

Canada

Canadian Nuclear

Safety Commission

Commission canadienne

de sûreté nucléaire

Documents

Implementation of IAEA Code of Conduct and Guidance