Regulating fusion energy technology: Position paper

Purpose

This position paper outlines that the CNSC will regulate fusion facilities and activities based on their level of risk (i.e., implement a risk-informed approach). The regulatory approach for fusion facilities differs from the approach taken for fission facilities and activities, due to the facilities’ differing risk profiles.

Preamble

The CNSC regulates the use of nuclear energy and materials to protect the health, safety and security of Canadians and the environment, and to respect Canada’s international commitments on the peaceful use of nuclear energy.

Fusion facilities and activities are subject to the Nuclear Safety and Control Act (NSCA), and therefore fall under the CNSC’s regulatory responsibility. Recently, there has been increasing national and international focus on climate change, clean energy and energy security – driving significant advances in fusion energy research and development. This includes a growing number of Canadian fusion energy stakeholders and potential fusion facilities.

Historically, the CNSC’s regulatory framework has primarily been fission-oriented, and the CNSC is now taking steps to clarify its position on fusion energy regulation, including benchmarking with international regulators. Currently, small fusion energy research and development facilities are licensed by the CNSC under the Class II Nuclear Facilities and Prescribed Equipment Regulations.

Background on fusion energy

Nuclear fusion is the process where 2 light atomic nuclei join, releasing energy in the process. Fusion occurs naturally at the centre of stars, including our sun. Fusion energy technology broadly consists of 2 parts:

• the creation of a controlled environment suitable for the fusion process to occur
• a means to harness the energy released

Fusion facilities are fundamentally different from existing nuclear energy facilities based on fission (e.g., nuclear power plants), where atoms are split rather than combined and a chain reaction is produced.

To modernize the CNSC’s approach to regulating fusion, it is essential to consider the level of risk for fusion facilities, and to compare risk characteristics of fission and fusion facilities. In many respects, the hazards associated with fusion are lower than the ones from fission. For example:

• Fusion does not use materials that undergo fission reactions
• Criticality is not a concern for fusion facilities
• Fusion does not produce spent radioactive fuel requiring long-term management
• Radiological hazards from potential accidents are low risk

Moving forward, the CNSC will enhance its regulatory framework for fusion energy commensurate with the risks associated with fusion activities.

Conclusion and path forward

The CNSC recognizes that regulatory oversight of fusion facilities will evolve with the advancement of fusion technologies. The CNSC is already safely regulating fusion in Canada, and fusion will continue to be regulated through a risk-informed approach. The CNSC intends to publish a discussion paper in fall 2024 to seek input from industry, Indigenous Nations and communities, and members of the public on its proposed approaches to regulating fusion.