implementation of iaea code of conduct and guidance
TRANSCRIPT
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
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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
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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
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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
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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
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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
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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
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• 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
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• 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
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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
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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)
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• 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)
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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
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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
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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
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Elements of a Bilateral Arrangement
• Definitions
• Import and export authorization and notification procedures/timelines
• Points of Contact
• Notification forms
• Communications and information exchange
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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
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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
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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
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“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
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“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
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“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
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“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
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Immediate outcomes of establishing Arrangements…
• Cooperation
• Communication
• Collaboration
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Outcomes of our Bilateral Arrangements