Canada Gazette, Part I, Volume 153, Number 24: Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Radiation Protection)

June 15, 2019

Statutory authority

Nuclear Safety and Control Act

Sponsoring agency

Canadian Nuclear Safety Commission

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Canadian Nuclear Safety Commission’s (CNSC) Radiation Protection Regulations (the Regulations or RPR) are based on the work of the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR), the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency (IAEA). Alignment with international standards and best practices allows the CNSC to build on the most recent advancements in safety in order to enhance Canadian requirements.

It is necessary to update the Regulations to reflect the current science on radiation protection and to align them with international standards. ICRP recommendations are periodically updated so that they remain relevant, useful and suitable for worldwide use. The ICRP published a revised set of recommendations for its system of radiological protection in 2007 in ICRP Publication 103 (ICRP 103). The revised recommendations incorporate updates based on more recent scientific information as well as new guidance on controlling radiation exposure.

The IAEA, in cooperation with co-sponsoring organizations, has also revised its 1996 Basic Safety Standards, which were published in 2014 as the IAEA’s General Safety Requirements, GSR Part 3. GSR Part 3 provides updated requirements designed to be incorporated into future national and regional regulations of IAEA Member States.

The CNSC is committed to ensuring its radiation protection requirements are up to date so that workers, the public and the environment are protected. The CNSC reviewed the Regulations, in order to ensure alignment with ICRP 103, the IAEA’s GSR Part 3 and other international standards, as well as to identify any gaps that have arisen since the Regulations were introduced in 2000. The review also identified areas that could be refined and improved.

The CNSC has gained over 18 years of regulatory experience since the Regulations first came into force. During this time, the CNSC has identified opportunities to improve the Regulations by addressing specific gaps and providing additional clarity.

Background

The CNSC regulates the use of nuclear energy and materials to protect health, safety of persons, security and the environment; to implement Canada’s international commitments on the peaceful use of nuclear energy; and to disseminate objective scientific, technical and regulatory information to the public. Before any person can prepare a site for, construct, operate, decommission, or abandon a nuclear facility — or possess, transfer, use, transport or store nuclear substances, prescribed equipment or prescribed information — they must obtain a licence issued by the CNSC.

These activities are regulated in accordance with the Nuclear Safety and Control Act (NSCA), which establishes the CNSC’s authority to set regulatory requirements for all nuclear-related activities in Canada. The CNSC’s regulatory framework consists of laws passed by Parliament that govern the regulation of Canada’s nuclear industry, and regulations, licences and regulatory documents that the CNSC uses to regulate the industry.

The Regulations set limits on the amount of radiation the public and workers may receive during the conduct of licensed activities. The CNSC requires that every licensee implement a radiation protection program that keeps the amount of exposure to ionizing radiation as low as reasonably achievable (ALARA) and below regulatory dose limits.

Radiation is energy that is transmitted in the form of waves or streams of particles. When ionizing radiation penetrates matter, such as the human body, it deposits energy. The degree of a biological effect on the human body will depend on the amount of radiation deposited, the type of radiation and the tissue or organ in the body that has been exposed. The amount of energy deposited and its effect are represented by a quantity called a “dose.” The standard unit for radiation dose is the sievert (Sv). The millisievert (mSv), equivalent to 0.001 Sv, is typically used.

Radiation has always been present and is all around us in many forms. Life has evolved in a world filled with radiation and it is part of our everyday lives. Various activities listed in the table below put dose limits into perspective.

Effective Dose (mSv) Limit or Activity
> 1000 Acute dose which may cause symptoms of radiation sickness
150 Average annual exposure to astronauts working on the International Space Station
100 Five-year dose limit for nuclear energy workers (section 13 of the RPR)
50 Annual dose limit for nuclear energy workers (section 13 of the RPR)
7 Typical chest CT (computed tomography)
1.8 Annual Canadian average of natural background radiation
1 Annual public dose limit (subsection 1(3) of the RPR)
0.1 Typical chest X-ray
0.02 Typical cross-Canada flight
0.001 Typical dose from living one year within a few kilometers of an operating nuclear power plant in Canada

Objectives

To enhance radiation protection for workers, the public and the environment, the CNSC proposes to update the Regulations by aligning them with international standards for radiation protection and providing additional clarity based on its regulatory operational experience.

Description

The CNSC is proposing several amendments to harmonize the Regulations with updated ICRP recommendations and IAEA guidance, to clarify requirements, and to address gaps identified through regulatory operational experience since the Regulations first came into force in 2000.

Section 1: Interpretation (definitions)

The CNSC is proposing to add, revise or delete some terms to align with proposed changes to the Regulations. The proposed changes to terms are described below in the relevant sections of the Regulations.

Section 2: Application

Section 2 defines the application of the Regulations. It currently states that the Regulations do not apply in the case of a radiation dose received by a patient or biomedical research study volunteer who is under medical supervision. When the Regulations first came into force in 2000, caregivers were also exempted, but the exemption was later repealed in 2007 at the request of the Standing Joint Committee on the Scrutiny of Regulations. The Committee had identified some inconsistencies between sections 2 and 3. The Commission granted an exemption for licensees from the Regulations in respect of doses received by non-occupational caregivers until the Regulations could be updated. The CNSC is proposing to clarify the text in subsection 2(2) and reinstate the exemption for caregivers.

The CNSC is also proposing to include a definition of “caregiver” in section 1 that aligns with the definition in the IAEA’s GSR Part 3. This definition would indicate that a caregiver “means a person who willingly and voluntarily – and not as an occupation – helps in the support and comfort of a person who has been administered a nuclear substance for therapeutic purposes as directed by a medical practitioner who is qualified to give such direction under the applicable provincial legislation.”

Section 3: Administration of nuclear substances for medical purposes

Section 3 states that the licensee must inform a patient who has been administered nuclear substances of the measures that should be taken to reduce exposure to others. Currently, the Regulations require this to be done “before the patient leaves the place where the treatment is administered.” The current requirement may result in caregivers supporting patients who must remain at the treatment centre/hospital not necessarily being informed of the radiation risks of providing care and support to the patient. The CNSC is proposing to remove the requirement to inform the patient before they leave the treatment centre, to allow the information to be provided in a manner that is convenient and specific to the situation.

Section 4: Radiation protection program

Section 4 of the Regulations requires every licensee to implement a radiation protection program to keep exposures to radon progeny and the effective doses and equivalent dose ALARA. The CNSC proposes to remove the specific reference to radon progeny exposure in paragraph 4(a), given other proposed changes to section 13 of the Regulations.

Section 7: Provision of information — Proposed addition of a requirement related to emergencies

Section 7 lists the information that every licensee is required to provide in writing to each nuclear energy worker (NEW). However, it does not specifically require NEWs to be informed of their duties and responsibilities in the event of an emergency. The CNSC proposes to introduce a requirement to subsection 7(1) for all licensees to inform all NEWs of their duties and responsibilities during an emergency, as well as the risks associated with radiation to which the worker may be exposed during the control of an emergency. This requirement will ensure those workers who could be involved in the response to an emergency will have the necessary information for their protection and safety.

Sections 7 and 11: Proposed amendments related to pregnant NEWs and breastfeeding NEWs

The CNSC is proposing to amend subsection 7(2) to ensure that all licensees inform each female NEW, in writing, of the importance of informing the licensee, as soon as feasible, in writing, upon becoming aware of the female NEW’s pregnancy, and of the rights of pregnant NEWs under section 11 of the Regulations. Section 11 is proposed to be amended to ensure that licensees make reasonable accommodations for female NEWs that have self-disclosed that they are pregnant. The CNSC is also proposing to repeal the provision requiring a female NEW to self-disclose her pregnancy to the licensee. This proposal is in alignment with the international practice of voluntary self-disclosure of pregnancy and breastfeeding.

The current Regulations do not set requirements related to breastfeeding female NEWs. To ensure that the licensee makes accommodations limiting intakes of nuclear substances by a breastfeeding NEW to protect their breastfed infant, the CNSC is proposing

The proposed changes to sections 7 and 11 will enhance safety for breastfed infants by ensuring that the dose to the breastfeeding NEW due to intakes of nuclear substances is kept ALARA.

Section 8: Requirement to use a licensed dosimetry service — Equivalent dose to the skin, or to the skin of any hand or foot

Section 8 of the Regulations requires a licensee to use a licensed dosimetry service (LDS) to measure and monitor radiation doses to NEWs who have a reasonable probability of receiving to receive effective doses that are greater than 5 mSv in a one-year dosimetry period. However, there are no specific requirements related to the use of an LDS with regard to equivalent dose to the skin, or to the skin of any hand or foot.

The CNSC is proposing that a licensee must also use an LDS to measure and monitor radiation doses to NEWs who have a reasonable probability of receiving an equivalent dose to the skin, or to the skin of any hand or foot, that is greater than 50 mSv in a one-year dosimetry period.

The CNSC is also proposing to state explicitly in section 8 that the licensees whose NEWs are monitored by an LDS must provide the required information to the LDS, for the purpose of reporting doses to Health Canada’s National Dose Registry, as required by section 19. This change is expected to provide licensed dosimetry services with the means to require their clients to provide the information specified in the Regulations.

Section 12: Interpretation

Subsection 12(1) provides definitions for the formulas in section 13. The CNSC is proposing to repeal this subsection given the proposed changes to section 13. If the proposed changes to section 13 are approved, the definitions of “working level” and “working level month” in subsection 1(1) and in subsection 12(1) will be removed.

Section 13: Effective dose limits — Formulas for calculating effective dose

Section 13 also lists mathematical formulas for calculating effective doses and the effective dose limits. The CNSC is proposing to repeal subsections 13(2) to (4), as the methods for calculating doses are better placed in regulatory guidance.

Section 14: Equivalent dose limits — Clarification of measurement of dose to hands and feet

Item 3 in the table in subsection 14(1) of the current Regulations specifies dose limits for the “hands and feet.” The actual intent of this requirement is to limit the dose to the skin of each hand and foot. However, the wording is ambiguous and has sometimes been misinterpreted as “the total dose to all hands and feet.” The CNSC therefore proposes to change the wording “hands and feet” to “the skin of each hand and foot.” The proposed changes would clarify the current requirements and more accurately reflect how equivalent doses to the hands and feet are actually measured.

Section 14: Equivalent dose limits — Equivalent dose limits for the lens of an eye

Radiation exposure to the lens of the eye, above a threshold dose, has been linked to its opacification (or clouding of the lens, which, in its advanced stages, is referred to as a cataract). In order to prevent this effect, the Regulations set dose limits for the lens of the eye. The current dose limit for the lens of the eye is 150 mSv per one-year dosimetry period for NEWs and 15 mSv per one calendar year for any other person.

In 2011, the ICRP recommended a reduction in the equivalent dose limit for the lens of the eye to 20 mSv in a year, averaged over defined five-year periods (i.e. 100 mSv per five years), with no single year exceeding 50 mSv. The IAEA adopted this recommendation in GSR Part 3.

In alignment with the recommendations of the ICRP and the IAEA, the CNSC proposes

Section 16: When dose limit is exceeded

Section 16 of the Regulations requires a licensee to remove a person from any work that is likely to add to his or her dose when the licensee becomes aware that the person may have exceeded any of the applicable dose limits stated in section 13, “Effective Dose Limits,” and section 14, “Equivalent Dose Limits.” In its current wording, this requirement applies to all persons.

Based on regulatory experience, this required licensees to remove non-NEWs from work for exceeding the effective or equivalent dose limit for a person who is not a NEW. At these levels of exposure, there are no associated health risks to an individual and there could be an impact on their livelihood. To ensure that regulatory requirements are risk-based, the CNSC is proposing an amendment requiring that a person be removed from work if the person may have or has exceeded any of the dose limits that apply to NEWs as specified in sections 13 and 14.

Section 18: Application for licence to operate

Section 18 of the Regulations sets out the information required for an application for a licence to operate a dosimetry service. The CNSC is proposing amendments to section 18 to clarify existing requirements. The amendments include

Section 20: Labelling of containers and devices

The manufacture of devices containing radium luminous compounds in Canada, mainly from the 1930s until the late 1960s, predates the regulatory requirements for labelling devices containing nuclear substances. As a result, devices containing radium luminous compounds — most of which are now in the public domain — are typically not signed or labelled as containing nuclear substances.

Effective January 1, 2006, the Commission indefinitely exempted persons from the requirement under paragraph 8(b) of the Nuclear Substances and Radiation Devices Regulations. Under this exemption, a person may possess, transfer or use an unlimited number of devices containing radium luminous compounds without a licence, provided that radium is the only nuclear substance in the device and the device is not disassembled or tampered with. The exemption was granted by the Commission following an assessment of the risk associated with the possession of devices containing radium luminous compounds. This assessment concluded that the risks to persons are low, as long as the devices are intact and handled safely.

To align the labelling requirements in the Regulations with the Nuclear Substances and Radiation Devices Regulations, the CNSC proposes to exempt devices that contain radium luminous compounds from the labelling requirements of subsection 20(1) provided that radium is the only nuclear substance in the device and the device is intact and not tampered with.

Section 20: Containers and devices — Labelling of waste containers

The CNSC is proposing an amendment to section 20 to clarify labelling requirements for waste containers. The CNSC is proposing to exempt containers used to temporarily store nuclear substances from the labelling requirements of subsection 20(1).

Waste containers in use would continue to have the radiation warning symbol and the words “RAYONNEMENT – DANGER – RADIATION” to alert workers of the potential radiological hazards of the contents. All other regulatory requirements would still be in place, including ensuring the radiation exposures and doses to workers and the public are kept ALARA. When the waste container is full and destined for storage, the labelling requirements of subsection 20(1) apply and will ensure that the waste is safely managed and the details about the container waste are available for inclusion in the waste inventory.

Section 21: Posting of signs at boundaries and points of access

Currently, section 21 specifies the circumstances when licensees are required to post radiation warning signage. However, there has been confusion about the application of these requirements as they relate to vehicles.

The CNSC is proposing an amendment to section 21 to clarify the requirements for posting signs on vehicles that are used for storage and are not consigned for transport. This amendment will clarify that section 21 of the Regulations does not apply to vehicles containing consignments for transport as defined in the Packaging and Transport of Nuclear Substances Regulations.

Section 22: Proposed new section on radiation detection and measurement instrumentation

There are three regulations under the NSCA that include provisions for the use of equipment, including radiation survey meters. However, there are no regulatory requirements that address the use of radiation detection and measurement instrumentation. To ensure workers’ protection and the accuracy of radiation measurements, instrumentation must be appropriately selected for the types, levels, and energies of the radiation encountered. Instrumentation must also be maintained and calibrated so that it is capable of performing accurately and reliably during routine work and emergencies.

The CNSC is proposing a new requirement for all licensees to ensure that radiation detection and measurement instrumentation is selected, tested and calibrated for its intended use.

Section 24: Records to be kept by licensees

Subsection 5(1) of the Regulations requires that, for the purpose of keeping a record of radiation doses in accordance with section 27 of the NSCA, every licensee must ascertain and record the magnitude of exposure to radon progeny of each person referred to in that section as well as the effective dose and equivalent dose received by and committed to that person. The Regulations do not identify specific time periods for retaining the dose records required by subsection 5(1). Therefore, section 28 of the General Nuclear Safety and Control Regulations applies. Licensees are required to maintain dose records until one year after the expiry of the licence that authorized the activity. The CNSC has determined that five years is a more appropriate retention period for this type of record and is therefore proposing to amend section 24 to include a specific time period of five years after the day on which the information is collected.

Section 25: Transitional provision

The current text in section 25 describes the application of the effective dose limits in the transition period that existed from the time the Regulations came into force (January 1, 2000) until the beginning of the first five-year dosimetry period, which began on January 1, 2001. This section was necessary when the Regulations were created because these particular dose limits and the related concept of fixed dosimetry periods were being applied for the first time. The existing text in section 25 is no longer applicable, and the CNSC is proposing to remove it.

The CNSC is proposing a transitional date of January 1, 2021, for the implementation of the proposed reduction in the dose limits for the lens of an eye.

Update the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)

Under the NSCA and its associated regulations, the CNSC applies various compliance and enforcement measures, including the issuance of administrative monetary penalties (AMPs).

AMPs are imposed by the CNSC in response to a violation of a regulatory requirement. The specific provisions against which an AMP may be applied are listed in the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) [AMPR] schedule of violations. An AMP can only be issued for a non-compliance listed in the schedule of violations.

The proposed amendments to the Radiation Protection Regulations require consequential amendments to the schedule of violations in the AMPR. Although any violation listed in the AMPR can be subject to an AMP, in the context of the CNSC’s approach to graduated enforcement, other options may be preferred for effecting compliance.

Regulatory development

Consultation

The CNSC publishes discussion papers to solicit early public feedback on its policies and approaches. All stakeholders are encouraged to voice their views on how proposed regulatory initiatives would impact businesses, including costs and increased (or reduced) administrative burden.

In line with this consultative approach, the CNSC published discussion paper DIS-13-01, Proposals to Amend the Radiation Protection Regulations, for public comment in 2013 for a 120-day period. The CNSC sought input from stakeholders and the public via its website and Facebook page, and forwarded an information bulletin to its stakeholders. The consultation notice was also posted on the Government of Canada Consulting with Canadians website.

The CNSC received comments from a broad range of stakeholders representing Government, industry associations and organizations, the uranium mining and exploration sector, health care facilities and hospitals, as well as nuclear power plants and research reactors. The CNSC received 42 submissions, with a total of more than 400 comments on the proposed changes to the Regulations.

Overall, stakeholders demonstrated broad support for many of the proposals to modernize the Regulations. Stakeholders supported clarifying the CNSC’s regulatory expectations, updating terminology and reducing regulatory burden. However, they questioned the benefit of some of the proposed changes given the potential administrative and financial burden. Stakeholders also suggested that, in certain cases, CNSC regulatory documents may be a more appropriate place for clarifying regulatory expectations.

CNSC staff have also participated in various outreach sessions since 2014 to further communicate the CNSC’s intention to revise the RPR and to engage stakeholders.

Section 1: Interpretation (definitions) and Section 2: Application

Stakeholders noted that the definition of the term “caregiver” proposed in the discussion paper did not take into account persons inside a medical facility providing care and comfort to a loved one. The CNSC recognizes the need to consider caregivers within a medical facility and has drafted the proposed definition accordingly.

Section 4: Radiation protection program

Given the proposed changes to section 13 of the Regulations, stakeholders supported removal of the reference to radon progeny while preserving the section’s intent.

Section 7: Provision of information — Requirement related to emergencies

Stakeholders identified some challenges with the proposed requirement that licensees inform all persons of their duties and responsibilities with respect to emergencies and requested clarification of the term “emergency” in relation to their licensed activity. The points of concern and the matters of clarification raised by stakeholders have been considered, and the requirement has been modified to informing NEWs. Further regulatory guidance is provided in the CNSC draft regulatory document REGDOC2.7.1, Radiation Protection.

Section 7: Provision of information — Requirement related to breastfeeding

Stakeholders expressed concern with the proposed new requirements, noting possible privacy issues. Some felt that the requirement would constitute a regulatory burden, since there was no potential risk to some female workers in their particular workplace. The majority of stakeholders recommended that any new requirements should only apply to female NEWs, as opposed to all workers, as originally proposed by the CNSC.

Section 8: Requirement to use licensed dosimetry service — Equivalent dose to the skin or the skin of the hands and feet

There was general agreement on the requirement for licensees to use a licensed dosimetry service to ascertain equivalent doses to the skin, or the skin of each hand and foot, if there is a reasonable probability of receiving an equivalent dose greater than 50 mSv per year. This proposed regulation formalizes existing practice.

Section 13: Effective dose limits — Formulas for calculating effective dose

Approximately half of those commenting on this section did not support removing the mathematical formulas from the Regulations. The remaining stakeholders were supportive, provided that accompanying regulatory guidance material be made available to licensees. The CNSC is proposing to remove the formulas to simplify the Regulations, and has provided detailed information on appropriate methods for calculating effective doses in the CNSC draft regulatory document REGDOC-2.7.2, Dosimetry, Volume I: Ascertaining Occupational Dose.

Section 14: Equivalent dose limits — Clarification for measurements of dose to hands and feet

Stakeholders supported clarifying the term “hands and feet” to read “the skin of each hand and foot” to more accurately reflect the actual measurement of the equivalent dose to the hands and feet, as well as the intent of the dose limit. The proposed Regulations reflect this change.

Section 14: Equivalent dose limits — Equivalent dose limits for the lens of an eye for NEWs

Some stakeholders were supportive, while others identified the proposed change to the dose limit for the lens of an eye as a critical issue. Stakeholders voiced several concerns, including

It should be noted that new studies have shown that lens opacity (opacity is a “clouding” of the lens that obstructs the passage of light) can occur at significantly lower doses than originally thought. Given sufficient latency, chronic prolonged exposures and acute exposures can result in similar cataract outcomes. The CNSC notes that cataracts are common in the general population. A number of risk factors — such as aging, smoking, diabetes, exposure to sunlight, certain medication and other sources of ionizing radiation — contribute to the development of the various types of cataracts. This makes a quantitative assessment of health benefits from the reduction in the equivalent dose limit to the lens of the eye for NEWs challenging. However, it is clear that lens opacities and resulting radiation-induced cataracts are a health effect that can and should be prevented.

The proposed dose limits are consistent with the recommendations of the ICRP, the IAEA, and the European Union (EU) Basic Safety Standards. Since 2014, the CNSC has held a number of information sessions with stakeholders and licensees about the path forward for amending the dose limit for the lens of an eye.

Taking into consideration the comments received and an analysis of the potential safety benefit of reducing the dose limit for the lens of the eye, the CNSC is proceeding with the proposed amendment. The CNSC will continue to engage with stakeholders on the implementation aspects of the proposed dose limits for the lens of an eye. The CNSC draft regulatory document REGDOC-2.7.2, Dosimetry, Volume I, Ascertaining Occupational Dose includes recommendations on how to ascertain the dose to the lens of an eye, and the methods for dose optimization.

Section 16: When dose limit exceeded

Stakeholders generally supported the proposal to change this section, such that licensees would only require a person to leave any work that is likely to add to their dose, if the person may have or has exceeded any of the dose limits that apply to NEWs.

Section 18: Application for licence to operate

In general, stakeholders indicated there would be no benefit in incorporating into regulations certain requirements currently found in CNSC regulatory standard S-106, Technical and Quality Assurance Requirements for Dosimetry Services (now being updated as draft document REGDOC-2.7.2, Dosimetry, Volume II, Technical and Quality Assurance Requirements for Dosimetry Services). Given the feedback received, the CNSC has limited the scope of the proposed changes to section 18 to those of clarification.

Section 20: Labelling of containers and devices

Stakeholders supported the proposed addition of a requirement to subsection 20(2) to exempt radium luminous devices from labelling requirements provided that radium is the only nuclear substance in the device and the device is not disassembled or tampered with. This new requirement will ensure that persons who own radium luminous devices which meet the terms of the indefinite exemption to paragraph 8(b) of the Nuclear Substances and Radiation Devices Regulations are not subject to the current labelling requirements.

Section 20: Labelling of waste containers

While discussion paper DIS-13-01 proposed no amendments to the requirement for labelling waste containers, a number of stakeholders suggested that clarity is needed with respect to its application. Commenters noted that waste in active containers (those in use) continuously accumulates, and it is logistically difficult to label waste containers with all required information as prescribed by the Regulations. In response to these concerns, the CNSC has added an exemption for containers that are used to temporarily store nuclear substances. Any such waste container in use would continue to be required to be labelled with the radiation warning symbol and the words “RAYONNEMENT – DANGER – RADIATION” to alert workers of the potential radiological hazards of the contents until the container is full and destined for storage, where all labelling requirements of subsection 20(1) would apply. All other regulatory requirements would continue to be in place, including requirements for ensuring that radiation exposure and doses to workers and the public are kept ALARA.

Section 21: Posting of signs at boundaries and points of access

Stakeholders supported the proposal to amend this section to clarify requirements for posting signs on vehicles used for storage and not consigned for transport.

Section 24: Records to be kept by licensees

Stakeholders did not support the original proposal to adopt the IAEA retention period for dose records because of the anticipated administrative burden, which would not be reasonable given that Canada has a national dose registry. Stakeholders believe that IAEA recommendations are appropriate for countries that do not have a national dose registry. The IAEA recommends that occupational exposure records for each worker be maintained during and after the worker’s working life, at least until the former worker attains or would have attained the age of 75 years, and for not less than 30 years after the cessation of the work in which the worker was subject to occupational exposure.

The CNSC has modified its proposal based on stakeholder feedback, and is now proposing a retention period of five years.

Proposed new section on radiation detection and measurement instrumentation

While there was general support for consolidating all requirements related to instruments in the Regulations, many stakeholders were of the view that referencing specific standards should not be included. The CNSC has revised its proposed text related to radiation instrumentation to address this concern.

Regulatory analysis

Costs and benefits

The amendments are expected to result in an overall increase in compliance costs for licensees of approximately $2,298,566 in present value and $327,264 in annualized terms.

To estimate the costs associated with the proposed Regulations, the CNSC used the number of active licences (1 570) representing small, medium and large businesses, and an hourly wage rate of $62.50, which includes 25% for overhead costs. The statistics for doses received by NEWs is based on 2016 data from the National Dose Registry. The CNSC believes it is generally representative of the range of doses received by workers across Canada in a given year, while recognizing that there will be fluctuations in the number of workers receiving doses over 5 mSv per year as a consequence of the types of activities undertaken and new developments in implementing ALARA measures. Table 1 outlines how the proposed changes are expected to have an impact on licensees.

Incremental costs are quantified and monetized to the extent possible and are expressed in 2018 Canadian dollars (2018 Can$). The analytical period is 2019–2028. A real discount rate of 7% is used for estimating the present value of costs, consistent with the Canadian Cost-Benefit Analysis Guide: Regulatory Proposals. Monetary values are discounted to the base year 2019. Table 1 presents the cost-benefit statement of the proposed amendments.

Table 1: Summary of quantitative and qualitative impacts (2019–2028, 2018 Can$, 7% discount rate)
Costs, Benefits and Distribution Total Present Value Total Annualized Value
A. Quantitative impacts
Costs All CNSC licensees $1,105,063 $157,336
Licensees who work with unsealed nuclear substances and who may be required to accommodate a breastfeeding NEW $201,489 $28,688
Licensees who may need to modify their existing practices to comply with proposed reduction in the dose limit for lens of an eye $992,014 $141,240
Total costs $2,298,566 $327,264
B. Qualitative impacts
Benefits All CNSC licensees
  • The proposed amendments reflect the current science which underpins the radiological protection regulatory framework internationally, thereby ensuring the protection of workers, members of the public, and the environment.
  • Proposed clarifications will reduce misinterpretations of regulatory expectations.
Licensees who work with unsealed nuclear substances and who may be required to accommodate a breastfeeding NEW
  • Enhance safety for breastfed infants by ensuring that the dose to the breastfeeding NEW due to intakes of nuclear substances is kept ALARA.
Licensees who may need to modify their existing practices to comply with the proposed reduction in the dose limit for lens of an eye
  • Enhance protection of NEWs by reducing the potential for radiation-related health effects such as lens opacities, which in their advanced stages may lead to cataracts.
Section 7: Provision of information — Proposed addition of a requirement related to emergencies

While all licensees have procedures and training in place for emergencies, some licensees may need to enhance the information they already provide, which would thereby increase their compliance burden. Assuming 10% of licensees may have an average of 5 hours’ work to do, the CNSC estimates the one-time cost to be $6,985.

Section 7: Provision of information — Proposed addition of a requirement related to breastfeeding NEWs

The proposed changes are expected to increase compliance costs since licensees may need to revise their documentation and training materials in order to provide the additional information to NEWs and make this documentation available for inspection by CNSC staff (estimate as a one-time task taking five hours). The CNSC assumes that 95% of licensees would have to update their training documentation, resulting in an estimated one-time cost, of $66,631 for five hours’ work.

Section 11: Accommodation measures for a NEW who is breastfeeding

This proposed requirement would impact the approximately 450 licensees who are licensed to use unsealed nuclear substances. This group primarily consists of nuclear power plants, uranium processing facilities, and medical and research facilities. According to the National Dose Registry, 1 527 females NEWs working with unsealed sources received equivalent doses greater than 1 mSv during 2016.

The proposed amendments to section 11 may result in an increase in compliance burden for licensees to accommodate breastfeeding NEWs. Accommodations could include changes to work assignments such that the potential for intakes is significantly reduced or eliminated. Other options include the use of protective equipment and respiratory protection by the NEW. For work activities that do not have the potential for intakes of nuclear substances, no accommodations for a NEW who is breastfeeding would be required. Some of the work may already be done since the licensee would have had to make accommodations when the NEW was pregnant. To calculate compliance costs, the CNSC assumed that 153 NEWs (10% of female NEWs that received more than 1 mSv equivalent dose in 2016) could require the licensee to make accommodations. The review of 153 radiation hazard assessments is estimated to take one hour each with a total annualized cost of $9,562. The calculation for making accommodations for a female NEW is based on two hours’ work, resulting in an estimated total annualized cost of $19,125.

Section 14: Equivalent dose limits — Equivalent dose limits for the lens of an eye

The reduction to the lens of the eye dose limit for a NEW is expected to increase compliance burden. CNSC licensees have assessed the radiological hazards encountered by NEWs in the course of their licensed activities. This information — as well as the planning of work involving radiation — is the foundation of licensees’ radiation protection programs and is fundamental to mitigate the risks posed by the radiological hazards. The proposed amendments to the equivalent dose limit for the lens of an eye would require all 1 570 licensees to review their radiation protection programs and radiological hazard assessments to confirm whether current protective measures are adequate to comply with the proposed new dose limits. In some instances, licensees may identify areas where improvements to work practices are necessary to ensure workers’ doses are kept ALARA and below the proposed new equivalent dose limits.

The CNSC expects that 650 licensees may be required to implement additional measures within their radiation protection programs, to ensure compliance with the proposed lower dose limits. Potential methods to reduce doses to the lens of the eye include

Currently, most licensees estimate the equivalent dose to the lens of an eye by either extrapolating from the effective dose received to the whole body, or from the equivalent dose received to the skin of the whole body, depending on the type of exposure situation. This method of estimating the equivalent dose to the lens of an eye has been accepted by the CNSC. The CNSC anticipates that licensees who have NEWs receiving annual effective doses below 10 mSv and where the eyes are not preferentially exposed to radiation during work activities, in most instances would determine that there would be no need to modify work practices to ensure compliance with the proposed equivalent dose limits for the lens of an eye, as the radiation protection programs are sufficiently robust.

However, the CNSC anticipates that licensees who have NEWs receiving annual effective doses greater than 10 mSv and/or whose eyes are preferentially exposed to radiation during work activities will need to review existing practices for managing exposures to the lens of an eye. They may also need to implement enhancements to their programs. The extent to which modifications to the program will be required will vary, and in some instances, could involve the following: improving education and training of workers; implementing personal protective equipment; modifying administrative controls, including work procedures; using engineered controls such as shielding; or a combination of these. At the current time, the CNSC is unable to fully estimate the compliance cost for modifications to work practices given the breadth of licensed activities and the licensee-specific strategies to keep doses to workers below limits and ALARA.

According to Health Canada’s 2017 Report on Occupational Radiation Exposures in Canada, 1 471 NEWs in 2016 received effective doses of more than 5 mSv (out of 162 751 recorded doses). Of that number, only 170 NEWs received doses of more than 10 mSv. It should also be noted that Health Canada’s report includes dose statistics for workers who are occupationally exposed to ionizing radiation, including those not regulated by the CNSC.

The review of the radiation hazard assessments is estimated to take two hours with a total annualized cost of $34,927. To estimate the cost of adding plastic safety goggles to a NEW’s personal protective equipment, CNSC assumes that 650 licensees may need to purchase 10 additional pairs each year at a cost of $10 per pair, resulting in an annualized cost of $65,000. Licensees would also need to review existing education and training on this matter and to assess the requirement for revisions to ensure that they provide the most up-to-date information to workers. The CNSC estimates that 650 licensees may have to update their materials at an annualized cost of $28,920 for five hours’ work.

To estimate the cost to modify dosimetry by adding a lens of the eye dosimeter, CNSC assumes that 170 licensees may have at least one NEW who will require an eye dosimeter. Cost of the lens of the eye dosimeters is based on a quote from a European service provider since eye dosimetry services are not yet available in Canada. Based on 170 NEWs who received effective doses greater than 10 mSv in 2016, CNSC estimates $230 shipping costs per licensee and an annualized cost of $38,870. CNSC estimates the annualized cost for servicing fees to be $8,450 based on a $50 service fee for each dosimeter, and quarterly readings.

New proposed section on radiation detection and measurement instrumentation

All CNSC licensees should be already selecting, testing and calibrating their radiation detection and measurement instrumentation appropriately for their intended use. However, this proposed requirement will increase compliance burden for licensees since they will have to have documentation available for inspection.

All new requirements — Making documentation available for inspection

The proposed changes would also constitute an increase in compliance burden for all 1 570 licensees because they would need to be able to demonstrate compliance with the new requirements by making documentation available to CNSC staff in the case of an inspection. It is expected that retrieval of the information would take a half hour on average. The CNSC estimates the average annualized cost to be $49,063.

The monetized impacts for each requirement of the proposed amendments are presented in Table 2.

Table 2: Impacts by requirement
Stakeholder Licensee Group Stakeholders Licensees Impacted (Estimated) Description Total Present Value Average Annualized Average Annualized per Business
Section 7: Provision of information related to emergencies
All CNSC licensees (1 570) 157 Provide additional information to training documentation for radiation protection and new worker orientation (one-time cost) $49,063 $6,985 $45
Section 7: Provision of information related to breastfed infants
All CNSC licensees (1 570) 1 492 Provide additional information to training documentation for radiation protection and new worker orientation (one-time cost) $466,094 $66,361 $45
Section 11: Accommodation for breastfeeding NEWs
Licensees who work with unsealed nuclear substances (450) 153 Review radiation hazard assessments $67,163 $9,562 $63
153 Modify work assignments (accommodation) $134,326 $19,125 $125
Section 14: Reduction in the equivalent dose limits for the lens of the eye
All CNSC licensees (1 570) 1 570 Review radiation hazard assessments $245,313 $34,927 $22
All CNSC licensees (1 570) 920 No change N/A N/A N/A
Licensees who may need to modify their existing practices (650) 650 Modify work activities Unknown Unknown Unknown
650 Provide additional information to training documentation for radiation protection and new worker orientation (one-time cost) $203,125 $28,920 $45
650 Add protective eyewear $456,533 $65,000 $100
Unknown Other capital costs, such additional shielding Unknown Unknown Unknown
650 Modify dosimetry — add a another regular dosimeter Unknown Unknown Unknown
170 Modify dosimetry, using a lens of the eye dosimeter, shipping costs $273,007 $38,870 $230
170 Modify dosimetry, using a lens of the eye dosimeter, (service charge for reading badges and providing the licensee with the dose information) $59,349 $8,450 $50
170 Further modify work activities, if necessary Unknown Unknown Unknown
All requirements: Make documentation available for inspection
All CNSC licensees (1 570) 1 570 For all proposed requirements $344,594 $49,063 $31
Total costs $2,298,566 $327,264  

Regulatory cooperation and alignment

The Regulations are based on the work of UNSCEAR, the ICRP and the IAEA. The proposed amendments reflect the current science on radiation protection and are aligned with international standards. International recommendations and guidance are periodically updated so that they remain relevant, useful and suitable for worldwide use. The CNSC is committed to ensuring that its radiation protection requirements are up-to-date so that workers, the public and the environment are protected.

Gender-based analysis plus

There are three proposed amendments that impact vulnerable groups, namely female NEWs and breastfeeding infants.

Currently, licensees are required to provide all NEWs, male and female, with information on the risks associated with the exposure of embryos and fetuses to radiation. Licensees are also currently required to inform female NEWs of the rights and obligations of pregnant NEWs. When a female NEW becomes aware that she is pregnant, subsection 11(1) of the Regulations requires her to inform the licensee. Canada is one of the few countries that require mandatory disclosure of pregnancy. The proposed revisions to the Regulations would remove this obligation, with the benefit of aligning the Regulations with international radiation protection recommendations for self-disclosure. Under the proposed amendment, when a female NEW self-discloses her pregnancy to the licensee, the licensee would be required to make accommodations in accordance section 11 of the Regulations, as necessary, to ensure that the dose to the pregnant NEW is kept ALARA and below the 4-mSv effective dose limit for the remainder of the pregnancy.

The CNSC is also proposing to amend section 11 to ensure that licensees make reasonable accommodations for female NEWs who are breastfeeding. This proposed amendment would require licensees to adapt the working conditions of a NEW who is breastfeeding, in order to limit intakes of nuclear substances by the worker that could result in a radiation exposure to her breastfed infant.

When a breastfeeding NEW is working in radiological environments where there is the potential for airborne contaminants, it is possible that nuclear substances could be inhaled or ingested by the NEW, or absorbed through the skin. The substances would then be incorporated into the body and expressed in the breast milk. The infant who ingests the breast milk may receive a consequential radiation exposure. When a female NEW self-discloses that she is breastfeeding, the proposed Regulations would require the licensee to make accommodations to ensure that intakes of nuclear substances by the NEW are kept ALARA so that the dose to the breastfed infant is also kept ALARA. This accommodation for NEWs who are breastfeeding would only be needed in certain occupational settings, since many workplaces do not have the potential for internal intakes of nuclear substances by workers. The proposed changes would enhance safety for breastfed infants so that they do not receive more than the public dose limit of 1 mSv per year. To address privacy concerns that were raised during public consultation, the CNSC is not proposing to require female NEWs to self-disclose that they are breastfeeding.

Small business lens

The small business lens applies to the proposed amendments to the Regulations. Approximately 1 200 potentially affected CNSC licensees are small businesses. The CNSC estimates an overall annual increase in compliance costs to small businesses of $142,291, or $119 per small business. After considering the impacts of the proposed changes to the Regulations on small businesses, no specific flexibilities are provided because the proposed amendments align with international standards on radiation protection and ensure the public, workers, and their environment are protected.

One-for-one rule

The CNSC does not expect the proposed Regulations to increase the administrative burden of licensees or applicants. Therefore, the One-for-one rule does not apply to the proposed Regulations.

Rationale

The CNSC regulates all nuclear activities in Canada in order to protect the health and safety of workers and the public from ionizing radiation. The Regulations play an important role in achieving this goal by placing limits on radiation doses to workers and members of the public, and require all CNSC licensees to implement radiation protection programs that keep exposure to ionizing radiation below regulatory limits, and ALARA.

This regulatory proposal will ensure the Regulations continue to be aligned with international benchmarks and the adoption of new radiation protection guidance worldwide. The proposed amendments reflect the latest scientific radiation protection data to ensure the public, workers in the nuclear sector, and the environment are protected.

The proposed regulatory amendments have two main goals: clarification of requirements and risk reduction. The proposed amendments work together to make the Regulations more effective.

Clarification

In order to reduce misinterpretations, clarifications are proposed for several sections of the Regulations. For example, to clarify requirements for licensees with respect to caregivers, the term is being clearly defined, specifying who is considered to be a caregiver under the Regulations.

Licensees are required to use a licensed dosimetry service (LDS) to measure and monitor radiation doses to NEWs likely to receive effective doses greater than 5 mSv in a one-year dosimetry period. The proposed Regulations will clarify what information is submitted to the LDS and allow the LDS to follow the requirements in section 19 for reporting to Health Canada’s National Dose Registry.

There have often been misinterpretations of what is expected when measuring dose to the “hands and feet.” The CNSC is proposing to clarify in item 3 of the table to subsection 14(1) that the expected measurement is for “the skin of each hand and foot.” This would help licensees properly monitor and report equivalent doses received to the skin of each hand and foot.

The proposed changes to sections 18, 20 and 21 would clarify expectations for applying for a licence to operate a dosimetry service, the labelling of containers and devices, and posting of radiation warning signs, respectively.

The CNSC is proposing to clarify record retention periods for doses of radiation. This would improve consistency and clarify regulatory expectations for licensees.

Risk reduction

Protecting the health and safety of Canadians is one of the main tenets of the CNSC’s mandate. Several amendments are being proposed that will enhance safety with respect to vulnerable populations and vulnerable areas of the body. Amendments to sections 7 and 11 will ensure that female NEWs are aware of all their rights and that proper accommodations are made for them in order to protect breastfed infants. The proposed requirement for licensees to provide accommodations would ensure that doses to breastfed infants are kept ALARA.

The CNSC is proposing to introduce a requirement to subsection 7(1) for all licensees to inform all NEWs of their duties and responsibilities during an emergency. This will ensure that all NEWs are properly prepared for an emergency situation and that those involved in the emergency response will have the information necessary for their safety and protection.

Radiation exposure to the lens of the eye, above a threshold dose, has been linked to the development of lens opacities that may lead to cataracts. In order to prevent this effect, the ICRP has recommended that dose limits for the lens of the eye be lowered from the current dose limit of 150 mSv per one-year dosimetry period to 20 mSv in a year, averaged over defined five-year periods (i.e. 100 mSv/5 years), with no single year exceeding 50 mSv. The proposed amendment would incorporate this recommendation and would align the Regulations with international radiation protection recommendations and standards.

To ensure that regulatory requirements are risk-based, the CNSC is proposing an amendment to section 16 requiring that a person be removed from work only if the person may have or has exceeded any of the dose limits that apply to NEWs as specified in sections 13 and 14. In its current wording, this requirement applies to all persons. This amendment will ensure that work removal is carried out only when there is a greater risk to health or safety. The proposal may have the added benefit of reducing the financial burden of removing a person from work unnecessarily.

The CNSC is also proposing the addition of a new requirement that licensees must ensure that radiation detection and measurement instrumentation is selected, tested and calibrated for its intended use. This proposed amendment would help ensure worker protection and the accuracy of radiation measurements.

Implementation and enforcement

Implementation

These Regulations would come into force on the day they are registered, with the exception of the proposed reduction to the dose limits for the lens of the eye. The CNSC is proposing that the proposed new equivalent dose limits for the lens of an eye come into force on January 1, 2021, to allow time for licensees to implement measures to comply.

Enforcement

The proposed Regulations would be enforced in accordance with the CNSC’s existing enforcement policy. CNSC inspectors regularly verify that licensees are complying with the Nuclear Safety and Control Act and its regulations. If a licensee is found to be non-compliant with the Regulations, the CNSC would use a graded enforcement approach to implement corrective measures.

Contact

Brian Torrie
Director General
Regulatory Policy Directorate
Canadian Nuclear Safety Commission
280 Slater Street
P.O. Box 1046, Station B
Ottawa, Ontario
K1P 5S9
Telephone: 613‑947‑3728
Fax: 613‑995‑5086
Email: cnsc.consultation.ccsn@canada.ca

PROPOSED REGULATORY TEXT

Notice is given that the Canadian Nuclear Safety Commission, pursuant to section 44 footnote a of the Nuclear Safety and Control Act footnote b, proposes to make the annexed Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Radiation Protection).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Brian Torrie, Director General, Regulatory Policy Directorate, Canadian Nuclear Safety Commission, 280 Slater Street, P.O. Box 1046, Station B, Ottawa, Ontario K1P 5S9 (tel.: 613‑947‑3728; fax: 613‑995‑5086; email: cnsc.consultation.ccsn@canada.ca).

Ottawa, May 30, 2019

Julie Adair
Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made Under the Nuclear Safety and Control Act (Radiation Protection)

Radiation Protection Regulations

1 (1) The definitions working level and working level month in subsection 1(1) of the Radiation Protection Regulations footnote 1 are repealed.

(2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

(3) Subsection 1(2) of the Regulations is replaced by the following:

(2) For the purpose of the definition dosimetry service in section 2 of the Act, a dosimetry service is a facility that is licensed by the Commission to measure and monitor radiation doses.

2 Subsection 2(2) of the Regulations is replaced by the following:

(2) These Regulations do not apply to a licensee in respect of a dose of radiation received by or committed to a person

3 Section 3 of the Regulations is replaced by the following:

3 When a nuclear substance is administered to a person for therapeutic purposes, the licensee must inform the person of methods for reducing the exposure of others — including the caregiver or anyone else providing care and assistance — to radiation from the person.

4 The portion of section 4 of the Regulations before subparagraph (i) is replaced by the following:

4 Every licensee must implement a radiation protection program and must, as part of that program,

5 (1) Subsection 5(1) of the English version of the Regulations is replaced by the following:

5 (1) For the purpose of keeping a record of doses of radiation in accordance with section 27 of the Act, every licensee must ascertain and record the magnitude of exposure to radon progeny of each person referred to in that section, as well as the effective dose and equivalent dose received by and committed to that person.

(2) The portion of subsection 5(2) of the English version of the Regulations before paragraph (a) is replaced by the following:

(2) A licensee must ascertain the magnitude of exposure to radon progeny and the effective dose and equivalent dose

6 The portion of subsection 6(2) of the English version of the Regulations before paragraph (a) is replaced by the following:

(2) When a licensee becomes aware that an action level referred to in the licence for the purpose of this subsection has been reached, the licensee must

7 Subsections 7(1) to (3) of the Regulations are replaced by the following:

7 (1) Every licensee must inform each nuclear energy worker, in writing,

(2) Every licensee must inform each female nuclear energy worker, in writing,

(3) Every licensee must obtain from each nuclear energy worker who is informed of the matters referred to in paragraphs (1)(a) and (b) and subsection (2) a written acknowledgement that the worker has received the information.

8 Section 8 of the Regulations is replaced by the following:

8 (1) Every licensee must use a licensed dosimetry service to measure and monitor the doses of radiation received by and committed to nuclear energy workers who have a reasonable probability of receiving

(2) Every licensee referred to in subsection (1) must provide the following information to the licensed dosimetry service with respect to each nuclear energy worker:

9 Section 9 of the Regulations is replaced by the following:

9 If a licensee collects personal information, as defined in section 3 of the Privacy Act, that may be required to be disclosed to the Commission, another government institution, as defined in that section, or a licensed dosimetry service, the licensee must inform the person to whom the information relates of the purpose for which it is being collected.

10 Section 10 of the English version of the Regulations is replaced by the following:

10 Every nuclear energy worker must, on the request of the licensee, provide the following information to the licensee:

11 Section 11 of the Regulations and the heading before it are replaced by the following:

Pregnant and Breastfeeding Nuclear Energy Workers

11 (1) On being informed by a female nuclear energy worker, in writing, that she is pregnant, the licensee must, in order to comply with section 13, make any accommodation that will not result in costs or business inconvenience constituting undue hardship to the licensee.

(2) On being informed by a female nuclear energy worker, in writing, that she is breastfeeding an infant, the licensee must, in order to limit intakes of nuclear substances by the worker, make any accommodation to the working conditions that will not result in costs or business inconvenience constituting undue hardship to the licensee.

12 The heading before section 12 of the French version of the Regulations is replaced by the following:

Interprétation

13 Subsection 12(1) of the Regulations is repealed.

14 (1) The portion of subsection 13(1) of the English version of the Regulations before the table is replaced by the following:

13 (1) Every licensee must ensure that the effective dose received by and committed to a person described in column 1 of the table to this subsection, during the period set out in column 2, does not exceed the effective dose set out in column 3.

(2) The table to subsection 13(1) of the Regulations is replaced by the following:

TABLE
Item

Column 1

Person

Column 2

Period

Column 3

Effective Dose (mSv)
1 Nuclear energy worker, including a female nuclear energy worker who is breastfeeding and a female nuclear energy worker who is pregnant but who has not yet informed the licensee that she is pregnant (a) One-year dosimetry period 50
(b) Five-year dosimetry period 100
2 Pregnant nuclear energy worker who has informed the licensee that she is pregnant Balance of the pregnancy starting from the date on which the licensee has been informed of the pregnancy 4
3 Person who is not a nuclear energy worker One calendar year 1

(3) Subsections 13(2) to (4) of the Regulations are repealed.

15 (1) The portion of subsection 14(1) of the English version of the Regulations before the table is replaced by the following:

14 (1) Every licensee must ensure that the equivalent dose received by and committed to an organ or tissue set out in column 1 of the table to this subsection, of a person described in column 2, during the period set out in column 3, does not exceed the equivalent dose set out in column 4.

(2) Item 1 of the table to subsection 14(1) to the Regulations is replaced by the following:
Item

Column 1

Organ or Tissue

Column 2

Person

Column 3

Period

Column 4

Equivalent Dose (mSv)
1 Lens of an eye (a) Nuclear energy worker One-year dosimetry period 50
(b) Nuclear energy worker Five-year dosimetry period 100
(c) Any other person One calendar year 15
(3) The portion of item 3 of the table to subsection 14(1) to the Regulations in column 1 is replaced by the following:
Item

Column 1

Organ or Tissue
3 Skin of each hand and foot

16 (1) Paragraph 16(b) of the Regulations is replaced by the following:

(2) Paragraph 16(e) of the Regulations is replaced by the following:

17 (1) The portion of section 18 of the English version of the Regulations before paragraph (a) is replaced by the following:

18 An application for a licence to operate a dosimetry service must contain the following information in addition to the information required by section 3 of the General Nuclear Safety and Control Regulations:

(2) Paragraphs 18(b) and (c) of the Regulations are replaced by the following:

18 Paragraph 19(c) of the English version of the Regulations is replaced by the following:

19 Subsection 20(2) of the Regulations is amended by striking out “or” at the end of paragraph (c), adding “or” at the end of paragraph (d) and adding the following after paragraph (d):

(3) Paragraph (1)(b) does not apply in respect of a container that is used to temporarily store radioactive nuclear substances.

20 Section 21 of the Regulations is replaced by the following:

21 (1) Every licensee must post and keep posted, at the boundary of and at every point of access to an area, room, vehicle or enclosure, a durable and legible sign that bears the radiation warning symbol set out in Schedule 3 and the words “RAYONNEMENT — DANGER — RADIATION”, if

(2) Subsection (1) does not apply in respect of a vehicle containing a consignment, as defined in the Packaging and Transport of Nuclear Substances Regulations, 2015.

21 The heading before section 24 of the French version of the Regulations is replaced by the following:

Documents à tenir par le titulaire de permis

22 Section 24 of the Regulations is replaced by the following:

24 (1) Every licensee must keep a record of the name and job category of each nuclear energy worker.

(2) Every licensee must keep a record of doses of radiation and retain it for a period ending on the fifth anniversary of the day on which the information is collected.

Radiation Detection and Measurement Instrumentation

24.1 Every licensee must ensure that instruments and equipment that are used for radiation measurements are selected, tested and calibrated for their intended use.

23 Section 25 of the Regulations and the heading before it are repealed.

24 Schedules 1 and 2 to the Regulations are replaced by the Schedules 1 and 2 set out in the schedule to these Regulations.

Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)

25 Part 3 of the schedule to the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) footnote 2 is replaced by the following:

PART 3

Radiation Protection Regulations
Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Category
1 3 Failure to inform persons being administered therapy of methods for reducing the exposure of others to radiation B
2 4(a)(i) Failure to keep the effective dose and equivalent dose as low as reasonably achievable through the implementation of management control over work practices B
3 4(a)(ii) Failure to keep the effective dose and equivalent dose as low as reasonably achievable through the implementation of personnel qualification and training B
4 4(a)(iii) Failure to keep the effective dose and equivalent dose as low as reasonably achievable through the implementation of control of occupational and public exposure to radiation B
5 4(a)(iv) Failure to keep the effective dose and equivalent dose as low as reasonably achievable through the implementation of planning for unusual situations B
6 4(b) Failure to ascertain the quantity and concentration of any nuclear substance released as a result of a licensed activity B
7 5 Failure to ascertain and record as required B
8 6(2)(a) Failure to conduct an investigation after becoming aware that an action level is reached B
9 6(2)(b) Failure to identify and take action to restore the effectiveness of the radiation protection program after becoming aware that an action level is reached B
10 6(2)(c) Failure to notify the Commission within the specified period after becoming aware that an action level is reached B
11 7(1)(a) Failure to inform nuclear energy workers in writing of the fact that they are nuclear energy workers A
12 7(1)(b) Failure to inform nuclear energy workers in writing of the risks associated with radiation A
13 7(1)(c) Failure to inform nuclear energy workers in writing of the effective and equivalent dose limits A
14 7(1)(d) Failure to inform nuclear energy workers in writing of their radiation dose levels on an annual basis A
15 7(1)(e) Failure to inform nuclear energy workers in writing of their duties and responsibilities during an emergency and the associated risks A
16 7(2)(a) Failure to inform female nuclear energy workers in writing of the risks associated with the exposure of embryos and fetuses to radiation and the risks to breastfed infants from intakes of nuclear substances B
17 7(2)(b) Failure to inform female nuclear energy worker in writing of the importance of informing the licensee in writing upon becoming aware of her pregnancy or if she is breastfeeding B
18 7(2)(c) Failure to inform female nuclear energy worker in writing of the rights of pregnant nuclear energy workers and breastfeeding nuclear energy workers B
19 7(2)(d) Failure to inform female nuclear energy worker in writing of the effective dose limits for pregnant nuclear energy workers  
20 7(3) Failure to obtain written acknowledgement from nuclear energy workers that the specified information was received A
21 8(1) Failure to use a licensed dosimetry service to measure and monitor doses of radiation received by nuclear energy workers B
22 8(2) Failure to provide the specified information to the licensed dosimetry service B
23 9 Failure to inform a person of the purpose for collecting their personal information A
24 10 Failure of a nuclear energy worker to provide the specified information on request of the licensee A
25 11(1) Failure to accommodate a female nuclear energy worker who is pregnant A
26 11(2) Failure to accommodate a female nuclear energy worker who is breastfeeding B
27 13 Failure to ensure that the effective dose limit is not exceeded C
28 14 Failure to ensure that the equivalent dose limit is not exceeded C
29 15(2) Failure to ensure that the effective or equivalent dose limit received by a person participating in the control of an emergency is not exceeded B
30 15(3) Failure to ensure that the effective or equivalent dose received by a person taking a specific action during the control of an emergency is not exceeded B
31 15(4) Failure to ensure that the effective or equivalent dose received by a person taking more than one specific action during the control of an emergency is not exceeded B
32 15(5) Failure to limit radiation doses received by a person participating in the control of an emergency to a level as low as reasonably achievable B
33 15(6) Failure to notify the person who received the dose of radiation and the Commission as soon as feasible after a radiation dose limit is exceeded B
34 15(7) Requesting a pregnant woman to participate in the control of an emergency B
35 16(a) Failure to immediately notify a person and the Commission after a radiation dose limit may have been exceeded B
36 16(b) Failure to require a person to leave any work that is likely to add to the dose if the person may have or has exceeded the dose limit for a nuclear energy worker B
37 16(c) Failure to conduct an investigation to determine the magnitude of the dose and to establish the causes of the exposure B
38 16(d) Failure to take action to prevent similar incidents after a dose limit may have been exceeded B
39 16(e) Failure to report the results of the investigation on the exceeded dose limit to the Commission within the specified period B
40 19 Failure of the licensee operating a dosimetry service to file information on nuclear energy workers with the National Dose Registry A
41 20(1) Possession of a container or device containing a radioactive nuclear substance without proper labelling B
42 21 Failure to post radiation warning signs B
43 22 Use of an improper radiation warning symbol A
44 23 Frivolous posting of radiation warning signs A
45 24(1) Failure to keep a record of the name and job category of each nuclear energy worker B
46 24(2) Failure to keep a record of doses of radiation for five years B
47 24.1 Failure to ensure that instruments and equipment are selected, tested and calibrated for their intended use B

Coming into Force

26 (1) These Regulations, except subsection 15(2), come into force on the day on which they are published in the Canada Gazette, Part II.

(2) Subsection 15(2) comes into force on January 1, 2021.

SCHEDULE

(Section 24)

SCHEDULE 1

(Subsection 1(1))

Organ or Tissue Weighting Factors
Item

Column 1

Organ or Tissue

Column 2

Weighting Factor
1 Gonads (testes or ovaries) 0.08
2 Red bone marrow 0.12
3 Colon 0.12
4 Lung 0.12
5 Stomach 0.12
6 Bladder 0.04
7 Breast 0.12
8 Liver 0.04
9 Esophagus 0.04
10 Thyroid gland 0.04
11 Skin table c5 note 1 0.01
12 Bone surfaces 0.01
13 Brain 0.01
14 Salivary glands 0.01
15 All organs and tissues not listed in items 1 to 14 (remainder organs and tissues) collectively, namely the adrenals, extra-thoracic region, gallbladder, heart, kidneys, lymphatic nodes, muscle, oral mucosa, pancreas, small intestine, spleen, thymus and prostate or uterus/cervix table c5 note 2 table c5 note 3 0.12
16 Whole body 1.00

Table c5 notes

Table c5 note 1

The weighting factor for skin applies only when the skin of the whole body is exposed.

Return to table c5 note 1 referrer

Table c5 note 2

The weighting factor for the remainder organs and tissues applies to the arithmetic mean dose of the 13 remainder organs and tissues.

Return to table c5 note 2 referrer

Table c5 note 3

Hands, feet and the lens of an eye have no weighting factor.

Return to table c5 note 3 referrer

SCHEDULE 2

(Subsection 1(1))

Radiation Weighting Factors
Item

Column 1

Type of Radiation and Energy Range

Column 2

Weighting Factor
1 Photons, all energies 1
2 Electrons and muons, all energies table c6 note 1 1
3 Neutrons and charged pions 2
4 Alpha particles, fission fragments and heavy ions 20
5 Neutrons A continuous function of neutron energy table c6 note 2

Table c6 notes

Table c6 note 1

Excluding Auger electrons emitted from nuclei bound to DNA.

Return to table c6 note 1 referrer

Table c6 note 2

Radiation weighting factors for these neutrons may also be obtained by referring to the continuous curve shown in Figure 1, and Equation 4.3, on page 66 of the English version of The 2007 Recommendations of the International Commission on Radiological Protection, ICRP Publication 103, published in 2007.

Return to table c6 note 2 referrer