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Memorandum D19-2-1: Administration of the Nuclear Safety and Control Act

ISSN 2369-2391

Ottawa,

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Plain language summary

Target audience: Border Services Officers (BSOs), employees (non-BSOs)

Key content: Regulations for importing or exporting nuclear or radioactive materials.

Keywords: Nuclear imports, nuclear exports, radiation, radioactive, radiation devices

Updates made to this D-memo

  1. Changes to the format of the document
  2. This memorandum replaces the previous Memorandum D19-2-1: Administration of the Nuclear Safety and Control Act, dated

Definitions

1. The following definitions are derived from the Nuclear Safety and Control Act (NSCA) and Regulations and apply in this memorandum.

Controlled nuclear equipment
  1. The controlled nuclear equipment and the parts and components for controlled nuclear equipment referred to in the Schedule to the Nuclear Non-proliferation Import and Export Control Regulations (NNIECR)
  2. All controlled nuclear equipment is also prescribed equipment for the purposes of the NSAC, with respect to the import and export of that equipment
Controlled nuclear information
  1. The controlled nuclear information referred to in the Schedule to the Nuclear Non-proliferation Import and Export Control Regulations
  2. All controlled nuclear information is also prescribed information for the purposes of the NSCA, with respect to the import and export of that information, unless it is made public in accordance with the NSCA, the regulations made under the NSCA or a licence
Controlled nuclear substance
  1. A controlled nuclear substance referred to in the Schedule to the Nuclear Non-proliferation Import and Export Control Regulations
  2. All controlled nuclear substances are also prescribed as nuclear substances for the purpose of paragraph (d) of the definition "nuclear substance" in section 2 of the NSCA, with respect to the import and export of those substances
Risk-significant radioactive source
Any radionuclide identified as a Category 1 or Category 2 radioactive source in Table I of Annex I of the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources.
Nuclear substance
  1. Deuterium, thorium, uranium or an element with an atomic number greater than 92
  2. A derivative or compound of deuterium, thorium, uranium or of an element with an atomic number greater than 92
  3. A radioactive nuclide
  4. A substance that is prescribed as being capable of releasing nuclear energy or as being required for the production or use of nuclear energy
  5. A radioactive by-product of the development, production or use of nuclear energy
  6. A radioactive substance or radioactive thing that was used for the development or production, or in connection with the use, of nuclear energy
Prescribed
Prescribed by regulation of the Commission.
Prescribed equipment

For the purpose of the NSCA:

  1. a package and special form radioactive material, as defined in subsection 1(1) of the Packaging and Transport of Nuclear Substances Regulations
  2. a radiation device and a sealed source, in section 1 of the Nuclear Substances and Radiation Devices Regulations
  3. class II prescribed equipment, as defined in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations
  4. equipment that is capable of being used in the design, production, operation or maintenance of a nuclear weapon or nuclear explosive device
Prescribed information

For the purpose of the NSCA, information that concerns any of the following including a record of that information:

  1. a nuclear substance that is required for the design, production, operation or maintenance of a nuclear weapon or nuclear explosive device, including the properties of the nuclear substance
  2. the design, production, use, operation or maintenance of a nuclear weapon or nuclear explosive device
  3. the security arrangements, security equipment, security systems and security procedures established by a licensee in accordance with the NSCA, the regulations made under the NSCA or the licence, and any incident relating to security
  4. the route or schedule for the transport of Category I, II, or III nuclear material, as defined in section 1 of the Nuclear Security Regulations
Radiation
The emission by a nuclear substance, the production using a nuclear substance, or the production at a nuclear facility of, an atomic or subatomic particle or electromagnetic wave with sufficient energy for ionization.
Transit
The process of being transported through Canada after being imported into and before being exported from Canada, in a situation where the place of initial loading and the final destination are outside Canada.

Guidelines

Application for a Canadian Nuclear Safety Commission Licence

2. Applications for a licence to import or export nuclear substances, prescribed equipment or prescribed information should be directed to the Canadian Nuclear Safety Commission (CNSC) (refer to paragraph 29 for contact information).

3. CNSC licences will have different format and content, based on the Licensing Division issuing them. Electronic versions of the licence are valid. The licensee must maintain a copy of their licence for inspection. If there are concerns on the authenticity of the licence, the CBSA will contact the CNSC.

Import

4. The Single Window Initiative (SWI) provides commercial importers with the ability to submit electronic information to the CBSA, in advance of their arrival, through the use of the Integrated Import Declaration (IID) service option 911. This service option allows for importers and brokers to obtain release of various regulated goods that previously could only be released through a paper process.

5. The Licence Number(s) along with other data elements specified in the SWI Electronic Commerce Client Requirements Document (ECCRD's) Canadian Nuclear Safety Commission Appendix must be submitted in IID.

6. In the case of goods regulated by the CNSC, commercial importers can transmit electronic information using the IID to submit a release request up to 90 days in advance.

7. The physical presentation of a licence to import nuclear substances and prescribed equipment is no longer needed when using the SWI IID process. The electronic presentation of the import licence through information contained in the IID satisfies the requirements to present the licence to a BSO.

8. Import data for transactions that use the IID is received by the CNSC from the CBSA, eliminating the requirement of the CBSA stamped paper copy to be sent to the CNSC.

9. In instances where the electronic IID is not used, a paper version of the CNSC licence (or a copy) authorizing importation of a nuclear substance, prescribed equipment or prescribed information must be presented with the release package.

10. The classes or types of licence used by the CNSC to authorize an import include: Nuclear and Dual-use Import Licences, Nuclear Substances and Radiation Devices Licences, Waste Nuclear Substance Licences, Class II Nuclear Facility and Prescribed Equipment Licences and Nuclear Facility Operating Licences. Import must be listed as a licensed activity.

11. For information concerning the importation of a nuclear substance, prescribed equipment or prescribed information, refer to Appendix A.

12. Shipments of nuclear substances, prescribed equipment or prescribed information released at an inland CBSA office should be removed from the sufferance warehouse as expeditiously as possible.

13. Please note, that as per the Transportation of Dangerous Goods Act, 1992, nuclear substances are identified as Class 7 dangerous goods. As such, dangerous goods are considered "non-mailable matter" therefore are not permitted for import by post in accordance with the Non-mailable Matter Regulations under the Canada Post Corporation Act.

Export

14. A paper version of the CNSC licence (or a copy) authorizing exportation of a nuclear substance, prescribed equipment or prescribed information must be presented with the export declaration to the CBSA designated export office closest to the place of exit of the goods from Canada, within the legislated reporting timeframes as specified in the Reporting of Exported Goods Regulations.

15. The classes or types of licence used by the CNSC to authorize an export include: Nuclear Substances and Radiation Devices Licences, Nuclear and Dual-use Export Licences, Sealed Source Export Licences, Waste Nuclear Substance Licences, Class II Nuclear Facility and Prescribed Equipment Licences and Nuclear Facility Operating Licences. Export must be listed as a licensed activity.

16. For information concerning the exportation of a nuclear substance, prescribed equipment or prescribed information, refer to Appendix B.

17. Please note, that as per the Transportation of Dangerous Goods Act, 1992, nuclear substances are identified as Class 7 dangerous goods. As such, dangerous goods are considered "non-mailable matter" therefore are not permitted for export by post in accordance with the Non-mailable Matter Regulations under the Canada Post Corporation Act.

In Transit

18. Information on the in transit movement of goods can be found in Memorandum D3-1-1: Policy respecting the importation and transportation of goods. For information on the in transit movement of nuclear substances, prescribed equipment or prescribed information please contact the CNSC (refer to paragraph 29 for contact information).

Lost Licence

19. If a licence has been lost or destroyed, the licensee should notify the CNSC and request a replacement licence.

Amendment to a Licence

20. A licence can only be amended by the CNSC. The licensee should direct the amendment request to the CNSC (refer to paragraph 29 below for contact information).

Labelling, Placards or Markings

21. Most vehicles and packages containing radioactive substances bear one or more labels, placards or markings to indicate the technical name of the contents and the quantity, nature and degree of radiation. For information on the transport of radioactive substances please refer to the Transportation of Dangerous Goods Regulations and Memorandum D19-13-5: Transportation of dangerous goods.

Detention

Import

22. Nuclear substances, prescribed equipment or prescribed information will be detained by the BSO at the point of importation if:

  1. no licence is presented
  2. the name of the importer does not match the name on the licence
  3. the name of the supplier does not match the name on the licence (only if included on the licence)
  4. the items are not as described on the licence
  5. the quantity to be imported is greater than that authorized by the licence
  6. the licence has expired

23. Detained goods may be released when authorization is received from the CNSC. Obtaining this authorization is the responsibility of the importer and will be provided directly to the CBSA from the CNSC by email.

Export

24. Nuclear substances, prescribed equipment or prescribed information will be detained by the CBSA at the point of exportation if:

  1. no licence is presented
  2. the name of the exporter does not match the name on the licence
  3. the name of the consignee does not match the name on the licence (only if included on the licence)
  4. the items are not as described on the licence
  5. the quantity to be exported is greater than that authorized by the licence
  6. the licence has expired
  7. the officer is not satisfied the nuclear substances, prescribed equipment or prescribed information are being exported according to the Nuclear Safety and Control Act and regulations

25. Detained goods may be exported when authorization is received from the CNSC. Obtaining this authorization is the responsibility of the CBSA and will be provided directly from the CNSC by email if eligible for export.

Penalty Information

26. Every person who commits an offence under the Nuclear Safety and Control Act or regulations under that act is guilty of an indictable offence and is liable to receive a fine or imprisonment and/or both.

Customs Self-Assessment Program

27. There is no Self-Assessment Program (CSA) allowance for CNSC goods.

Radioactive Waste

28. Import and export authorizations of radioactive waste are dependent on radioactive isotopes. These authorizations are provided by the CNSC through the following classes or types of licences: Nuclear Substances and Radiation Devices Licences, Nuclear and Dual-use Export Licences, Nuclear and Dual-use Import Licences, Waste Nuclear Substances Licences Class II Nuclear Facility and Prescribed Equipment Licence and Nuclear Facility Operating Licences authorizing import or export. Questions regarding licensing of radioactive waste import and/or exports should be directed to the CNSC (refer to paragraph 29 for contact information).

Additional Information

29. Questions concerning the Nuclear Safety and Control Act, regulations and importation, exportation and transportation while in transit regulatory process, should be directed to:

Canadian Nuclear Safety Commission
280 Slater Street
P.O. Box 1046
Station B
Ottawa, Ontario  K1P 5S9

Telephone: 1-800-668-5284
Facsimile: 613-995-5086
Emails: cnsc.information.ccsn@canada.ca or cnsc.export-import.ccsn@canada.ca

Notes: Specific questions concerning:

  • goods described in the:
    • Nuclear Substances and Radiation Devices Regulations should be directed to the Nuclear Substances and Radiation Devices Licensing Division of CNSC at cnsc.licence-permis.ccsn@canada.ca
    • Nuclear Non-proliferation Import and Export Control Regulations or any questions concerning risk-significant radioactive sources should be directed to the Nuclear Non-Proliferation and Export Controls Division of CNSC at cnsc.export-import.ccsn@canada.ca
  • a licence to transport while in transit should be directed to the Transportation Licensing and Strategic Support Division of CNSC at cnsc.transport.ccsn@canada.ca
  • radioactive waste should be directed to the CNSC Waste and Decommissioning Division
  • class II prescribed equipment containing sealed sources (or shipment of their replacement/spent sources) described in Class II Nuclear Facilities and Prescribed Equipment Regulations should be directed to the Accelerators and Class II Facilities Division of the CNSC

30. Questions concerning the CBSA's administration of these procedures should be directed as follows:

Within Canada call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 to 16:00 local time / except holidays). TTY is also available within Canada at 1-866-335-3237.

Emergencies

31. In the event of an emergency involving radioactive material, contact the CNSC duty officer at the number below.

Emergencies include:

  1. an accident involving radioactive materials
  2. lost or damaged radioactive materials
  3. any threat, theft, smuggling, vandalism, or terrorist activity involving radioactive materials

Contact information for the CNSC duty officer: 613-995-0479 or 844-879-0805.

The CNSC duty officer emergency telephone line is available 24 hours a day, 7 days a week.

Appendix A

Importation of Nuclear Substances, Prescribed Nuclear Equipment and Prescribed Nuclear Information referred to in the Nuclear Safety and Control Act, the Nuclear Substances and Radiation Device Regulations, the Class II Nuclear Facilities and Prescribed Equipment Regulations, and the Nuclear Non-proliferation Import and Export Control Regulations.

Electronic Import Processing

Importer
Apply to the Canadian Nuclear Safety Commission for a licence to import.
CNSC
Issue the Licence authorizing import with specific terms and conditions to the Licensee. It is the responsibility of the Licensee to review and seek clarification on these terms and conditions as required.
Importer/Broker
Transmit the Integrated Import Declaration to the CBSA. The CBSA will transmit the information to the appropriate Participating Government Department or Agency (PGA) which in turn will assess the information and provide a border related recommendation. Information requirements for the importation of nuclear substances and prescribed equipment require specific data elements to be provided in the IID and are listed in the SWI ECCRD's, Appendix B: Canadian Nuclear Safety Commission. The Trade Chain Partner should wait to receive the IID notification before sending the shipment to the border. The data elements provided in the IID replaces the need to present the licence(s) to a BSO. The declaration may be submitted via IID up to 90 days before the shipment date for processing as per the SWI ECCRD.

Import Licence Paper Process

Importer
Apply to the Canadian Nuclear Safety Commission for a licence to import.
CNSC
Issue the Licence authorizing import with specific terms and conditions to the Licensee. It is the responsibility of the Licensee to review and seek clarification on these terms and conditions as required.
Importer/Broker

Should ensure:

  1. that the document is an authentic CNSC licence, original or photocopy
  2. that the original or photocopied licence has not been altered
  3. that the licence bears a distinct identification number
  4. that the name and address of the importer listed on the release documentation corresponds with the licensee name and address listed on the licence
  5. that the name and address of the supplier listed on the release documentation corresponds with the supplier name and address listed on the licence (only applies to goods licensed under the NNIECR)
  6. that the import takes place between the effective and expiration dates authorized by the license
  7. that the licence authorizes the activity of import
  8. that the goods described on the release documentation correspond with those listed on the licence
  9. that the quantity of goods listed on the release documents does not exceed the quantity authorized by the licence
Importer/Broker
Indicate licence number on appropriate release request documentation.
Importer/Broker
Present a paper copy of the licence to the CBSA along with the required paper release request documentation (original licence to be retained by importer).
CBSA
When the release documents and licence are verified; the CBSA will stamp the licence, return the licence to the importer/broker and release the shipment. If there are issues with the verification the CBSA will detain the shipment.
Importer/Broker
If the shipment is detained, the importer/broker is responsible for contacting the CNSC.
CNSC
The CNSC will contact the CBSA port of entry by email with a decision on authorization of the import. The shipment will be released upon the CNSC's authorization.

Appendix B

Export of Nuclear Substances, Prescribed Equipment and Prescribed Information Referred to in the Nuclear Safety and Control Act, the Nuclear Substances and Radiation Device Regulations, the Class II Nuclear Facilities and Prescribed Equipment Regulations, and the Nuclear Non-proliferation Import and Export Control Regulations.

Export Licence Paper Process

Exporter
Apply to the Canadian Nuclear Safety Commission for a licence to export.
CNSC
Issue the Licence authorizing export with specific terms and conditions to the Licensee. It is the responsibility of the Licensee to review and seek clarification on these terms and conditions as required.
Exporter/carrier/customs service provider

Should ensure:

  1. that the document is an authentic CNSC licence, original or photocopy
  2. that the original or photocopied licence has not been altered
  3. that the licence bears a distinct identification number
  4. that the name and address of the exporter listed on the export declaration corresponds with the licensee name and address listed on the licence
  5. that the name and address of the consignee listed on the export declaration corresponds with the consignee name and address listed on the licence (only applies to goods licensed under the NNIECR)
  6. that the export takes place between the effective and expiration dates authorized by the licence
  7. that the licence authorizes the activity of export
  8. that the goods described on the export declaration correspond with those listed on the licence
  9. that the quantity of goods listed on the export declaration does not exceed the quantity authorized by the licence
Exporter/carrier/customs service provider
Indicate licence number on appropriate export declaration.
Exporter/carrier/customs service provider
Present a paper copy of the export licence (original licence to be retained by exporter) and the export declaration (if applicable) to the CBSA designated export office closest to the place of exit of the goods from Canada, within the legislated reporting timeframes as specified in the Reporting of Exported Goods Regulations.
CBSA
When the exportation documents and licence are verified; the CBSA will stamp the licence, return the licence to the exporter/carrier/customs service provider and allow the shipment to proceed. The CBSA will detain the shipment if there are issues encountered in the verification of the licence.
CBSA
If the shipment is detained, CBSA is responsible for contacting the CNSC.
CNSC
The CNSC will contact the CBSA by telephone or email with a determination regarding the detained goods.

References

Consult these resources for further information.

Applicable legislation

Related D memoranda

Superseded D memorandum

D19-2-1 dated

Issuing office

Other Government Departments Programs Unit
Program and Policy Management Division
Programs Branch

Contact us

Contact border information services

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