Transport Canada and CNSC Memorandum of Understanding

In 2018, the Canadian Nuclear Safety Commission (CNSC) and Transport Canada renewed a Memorandum of Understanding (MoU). This MoU updates the previous arrangements in place and reflects current legislation, policies, programs, methods and processes governing the safe transport of radioactive material in Canada.

The CNSC and Transport Canada each have statutory obligations under the Nuclear Safety and Control Act and the Transportation of Dangerous Goods Act, respectively, for regulating the transport of radioactive material in Canada.

Please find the signed MoU here: MoU between Transport Canada and the CNSC (PDF)

MoU respecting cooperation between Transport Canada and the Canadian Nuclear Safety Commission

(Hereinafter jointly referred to as the “Participants”)

1. Preamble

Whereas Transport Canada’s (herein after “TC”) mission is to serve the public interest through the promotion of a safe and secure, efficient and environmentally responsible transportation system in Canada;

And whereas TC develops and enforces safety regulations and standards; tests and promotes safety technologies; and is introducing safety management systems as a reliable and cost-effective way to prevent and manage safety risks in all modes of transportation;

And whereas the Canadian Nuclear Safety Commission’s (herein after “CNSC”) mandate as outlined in the Nuclear Safety Control Act (NSCA), regulates, pursuant to paragraph 9 (a), the production, possession and the use of nuclear substances, prescribed equipment and prescribed information in order to prevent unreasonable risk to the health and safety of persons, the environment and national security, and to achieve conformity with Canada’s international obligations regarding the peaceful use of nuclear energy;

And whereas the Cabinet Directive on Streamlining Regulation requires that when managing risks on behalf of Canadians, regulatory authorities are to identify and consult with other federal departments and agencies that have a specific interest in the proposed regulations, and are to coordinate the implementation and management of regulation to minimize complexity and duplication;

And whereas any information received by or from the Participants in relation to the administration of this memorandum of understanding is subject to the Access to Information Act and Privacy Act;

And whereas the CNSC is authorized by paragraph 21(1)(a) of the NSCA to “enter into arrangements , including an arrangement to provide training, with any person, any department or agency of the Government of Canada or a province, any regulatory agency or department of a foreign government or any international agency”;

And whereas TC and the CNSC recognize that this memorandum of understanding is a declaration of intentions by the participants and will not create any binding legal obligations between the Participants;

Therefore, TC and the CNSC will consult and cooperate in accordance with the provisions of this Memorandum of Understanding Respecting Cooperation between Transport Canada and the Canadian Nuclear Safety Commission (hereinafter referred to as the “MoU”) in order to minimize regulatory duplication and to use government resources effectively.

2. Purpose and Foundation

2.1 The purpose of this MoU is to define, in general terms, the basis for ongoing cooperation and coordination between CNSC and TC.

2.2 The Participants intend to cooperate on activities of a regulatory nature including, but not limited to, inspections, investigations, collection and exchange of information, training, monitoring and compliance verification.

2.3 TC and the CNSC acknowledge that they have complementary responsibilities to Canadian citizens in the areas of safety and security. Both Participants recognize that a strong collaboration will contribute and enhance safety and security services to Canadians.

2.4 This MoU recognizes the strategic importance of this cooperation and collaboration and establishes a framework for TC and the CNSC to facilitate the attainment of their respective objectives and mandates.

2.5 This MoU serves as the foundation for individual program-specific annexes, which are intended to be developed and agreed to separately and will subsequently be attached to this MOU. The Participants intend the annexes to clarify roles and responsibilities and to enhance communication, sharing of information and coordination relating to particular programs.

2.6 This MoU is not intended to preclude cooperation in other areas of interest.

3. Principles

3.1 The Participants, in carrying out their respective mandates will cooperate and support each other, as appropriate, in meeting their responsibilities, in relation to transport safety and security and in other areas of mutual interest.

3.2 The Participants will offer each other training on their respective acts, regulations, policies, standards and other topics of interest.

3.3 The Participants will take all reasonable steps, consistent with their respective mandates, to see that their policies and measures where appropriate, are complementary.

3.4 The Participants will, to the extent possible, provide each other the opportunity to advise on regulatory amendments, policies and programs that may affect the discharge of their mandate on the other, in a manner that allows for timely advice.

3.5 The Participants will foster strong working relationships by establishing mechanisms and links for sharing information, taking into consideration legal constraints on the sharing of sensitive information.

4. Costs and Cost Sharing

4.1 To the extent practicable, a Participant will provide or honour, without charge to the other Participant, the cooperation described under this MoU.

4.2 Should financial arrangements be necessary to carry out the principles of this MoU, the Participants will consult and cooperate to develop mutually satisfactory administrative arrangements for cost sharing and/or funding.

5. Interpretation of MoU

The Participants will make every reasonable effort to resolve at the working level any differences of interpretation of this MoU and its annexes. Failing resolution at the working level, differences of interpretation may be referred for resolution to each Participant’s respective primary point of contact identified in the respective annex or, failing resolution between the primary points of contact, to the designated signing authorities in this MoU.

6. Duration

This MOU becomes effective on the date of the last signature and will remain in effect until modified or withdrawn. Each annex will have its own effective date and will remain in effect until modified or withdrawn. The MoU and its annexes may be revised by the mutual written consent of the Participants. Either Participant may withdraw from the MoU or its annexes by providing at least six (6) months’ written notice to the other Participant, specifying its intention to withdraw and providing the effective date of withdrawal.

7. Periodic Review

This MoU will be reviewed by the Participants’ primary points of contact at any time the need is identified by either one of the Participants, to verify that the MoU is functioning as originally intended. The annexes will be reviewed as determined by the Participants.

8. Signatures

Signed in duplicate, in English and French; both versions being equally authentic.

Annex A to the Memorandum of Understanding Respecting Cooperation Between Transport Canada and the Canadian Nuclear Safety Commission

BETWEEN: Transport Licensing and Strategic Support Division, Directorate of Nuclear Substance Regulation, Canadian Nuclear Safety Commission

AND: Transportation of Dangerous Goods Directorate, Transport Canada.

(Hereinafter jointly referred to as the “Participants”)

1. Preamble

Whereas Transport Canada (hereinafter “TC”) and the Canadian Nuclear Safety Commission (hereinafter “the CNSC”) have entered into a Memorandum of Understanding Respecting Cooperation (hereinafter “the MoU”);

And whereas the Transport Licensing and Strategic Support Division, Directorate of Nuclear Substance Regulation, and Transportation of Dangerous Goods Directorate have entered into this Annex A;

And whereas TC regulates the handling, offering for transport, transport and import of dangerous goods under the Transportation of Dangerous Goods Act, 1992 (TDG Act);

And whereas TC serves the public interest through the promotion of a safe and secure, efficient and environmentally responsible transportation system in Canada;

And whereas radioactive materials are defined as Class 7 dangerous goods, in accordance with the Schedules 1 and 3 of the TDG Act and Part 2 (Classification) of the Transportation of Dangerous Goods Regulations (TDG Regulations);

And whereas TC is responsible for reviewing and approving emergency response assistance plans (ERAPs) of those persons who offer for transport (regardless of whether the carrier is the same person) or import dangerous goods, in accordance with Part 7 (Emergency Response Assistance Plans and Security Plans) of the TDG Regulations;

And whereas TC operates the Canadian Transport Emergency Centre (CANUTEC) to assist emergency response personnel in handling dangerous goods emergencies;

And whereas the CNSC regulates, pursuant to paragraph 9(a) of the Nuclear Safety and Control Act (NSCA), the production, possession and use of radioactive materials, prescribed equipment and prescribed information in order to prevent unreasonable risk to the health and safety of persons, the environment and national security, and to achieve conformity with Canada’s international obligations regarding the peaceful use of nuclear energy;

And whereas the CNSC regulates the design of packages used in the transport of radioactive materials in accordance with the Packaging and Transport of Nuclear Substances Regulations, 2015 (PTNSR 2015);

And whereas the CNSC licenses the import and export of controlled radioactive materials in accordance with the Nuclear Non-Proliferation Import and Export Control Regulations;

And whereas any privileged and prescribed information received by or from the Participants in relation to the administration of this Annex A is subject to the TDG Act and the NSCA, respectively, and any regulations made thereunder;

And whereas TC is the designated competent authority for Canada with respect to the programs and activities of international modal organizations, such as the International Civil Aviation Organization and the International Maritime Organization;

And whereas the CNSC and TC are jointly designated competent authorities for Canada with respect to regulating the transportation of radioactive material, as per the International Atomic Energy Agency (IAEA) National Competent Authorities Responsible for Approvals and Authorizations in Respect of the Transport of Radioactive Material (updated annually);

And whereas TC and the CNSC have independent but related regulatory responsibilities related to the transportation of radioactive materials;

And whereas the terminology used in this Annex A is from the NSCA, TDG Act, PTNSR 2015, TDG Regulations, Nuclear Non-Proliferation Import and Export Control Regulations, Access to Information Act and the Privacy Act.

Therefore, TC and the CNSC will consult and cooperate in accordance with the provisions of this Annex A in order to minimize regulatory and oversight duplication and to use government resources efficiently.

2. Definition

“Participant” means the CNSC or TC. (Participant)

“Participants” means the CNSC and TC. (Participants)

3. Principles

Refer to Principles section of the MoU.

4. Understanding and Arrangements

4.1 Consistent with their respective mandates, the Participants understand that packages to be used for the purpose of transporting radioactive materials and aspects of handling related to radiation protection thereof prior to, during and after transportation are regulated pursuant to the NSCA, while the handling, offering for transport and transport thereof are regulated pursuant to the TDG Act.

4.2 The Participants will consult and cooperate with each other, where appropriate and to the extent possible, in

1. the development of regulations, standards and criteria for the transportation of radioactive materials;
2. promoting public awareness on matters of mutual concern;
3. the identification of risks and mitigation measures; and
4. prioritization of risk-based inspections.

4.3 Each Participant will, where appropriate, take action on any enforceable requirements, obligations or offences created under each Participant’s respective acts (the TDG Act for TC and the NSCA for the CNSC), including when the action originates from a reference to the Participant’s regulation in the other Participant’s regulation.

4.4 The Participants will be the lead agencies for dealings with the public, other federal and provincial authorities, foreign national authorities and international organizations, for those activities where they are identified as the responsible agency, as set out in the appendix to this Annex A.

4.5 For the purposes of clarification, and without restricting or limiting the generality of the foregoing, the consultation and cooperative practices concurred under this Annex A are further described in the appendix.

4.6 Data collection

The participants will consult and cooperate with each other, where appropriate and to the extent possible, in the sharing of information and data:

1. The TDG Program will populate and maintain databases on topics such as incident information, ERAPs, facilities and designs registration, inspection information, and the issuance of approvals, all of which relating to the transportation of dangerous goods, and will, upon request, share information and data with CNSC.
2. The CNSC will share, upon request, any data or information produced as a result of economic or statistical analyses, or risk evaluations relating to the transportation of dangerous goods with the TDG Program. Any relevant data or information from previous analyses or evaluations will also be shared, upon request.
3. The Participants will consult with each other and exchange information on general dangerous goods oversight data as the information relates to the handling, offering for transport, transporting and importing of dangerous goods by mode.
4. The Participants will also consult each other and exchange Emergency Response data (as part of the TDG incident attendance reporting for Class 7 dangerous goods).

5. Costs and Cost Sharing

Refer to Costs and Cost Sharing section of the MoU.

6. Notification of Inability to Act under this ANNEX A

6.1 A Participant will notify the other Participant, as soon as possible, if it is unable to cooperate under this MoU, due to factors such as legislative or regulatory changes, court decisions, or changes under other domestic or international agreements or obligations.

7. Interpretation of ANNEX A of MoU

7.1 The Participants will make every reasonable effort to resolve at the working level any differences in interpretation of this Annex A. Failing resolution at the working level, differences of interpretation may be referred for resolution to each Participant’s respective primary point-of-contact identified in this Annex A or, failing resolution between the primary points-of-contact, to the designated signing authorities in the MoU.

8. Duration

8.1 This Annex A becomes effective on the date of the last signature and will remain in effect until modified or withdrawn. This Annex A may be revised by the mutual written consent of the Participants. Either Participant may withdraw from the Annex by providing at least six (6) months’ written notice to the other Participant, specifiying its intention to withdraw and providing the effective date of the withdrawal.

9. Periodic Review

This Annex will be reviewed by the Participants’ primary points of contact each year or at any time the need is identified by either one of the Participants, to verify that this Annex is functioning as orginally intended.

10. Primary points of Contact

10.1 The primary points of contact under this Annex A are as follows:

Director General	Director
Transportation of Dangerous Goods Directorate Transport Canada Place de Ville, Tower C 330 Sparks Street Ottawa, Ontario KIA ON5	Transport Licensing and Strategic Support Division Directorate of Nuclear Substance Regulation Regulatory Operations Branch Canadian Nuclear Safety Commission 280 Slater Street Ottawa, Ontario KIP 5S9

10.2 The primary points of contact named above will exchange and maintain appropriate lists of contacts at the working level(s) to facilitate the implementation of this Annex A.

11. Signatures

Signed in duplicate in English and French, both versions being equally authentic.

Appendix to Annex A

Purpose

This appendix outlines how the Participants, to the extent practicable, will cooperate to discharge their mandates such as to avoid or minimize regulatory overlap and duplication.

Consultation and Communications

1. Package Requirements and Issuance of Certificates and Licences
   1. The CNSC is responsible for the certification of packaging and contents (i.e., package, including setting of requirements for packaging, assessment of design, construction and testing), and issuance of transport licences, in accordance with the NSCA and the PTNSR 2015.
   2. TC will consult the CNSC and provide it with a reasonable time to review and comment before issuing equivalency certificates related to Class 7 dangerous goods. CNSC will exercise due diligence to provide its comments within the reasonable time provided.
2. Regulating the Transport of Radioactive Material

The responsibilities of regulating of the transport of radioactive material overlaps between the two Participants, as follows:

1. The CNSC is responsible for regulating:
   1. the handling for transport prior to loading on a conveyance;
   2. the transport, segregation and storage in transport with respect to matters relating to radiation properties (such as the transport index, the criticality safety index, surface contamination, radiation protection programs);
   3. the handling after unloading from conveyance at the destination;
   4. the dangerous goods safety marks required for packages with respect to information relating to radiation properties; and
   5. the shipping documents with respect to information relating to radiation properties.
2. TC is responsible for regulating handling, offering for transport, transporting and importing, and for overseeing emergency response, including:
   1. the loading of the means of containment onto the means of transport;
   2. the securing of the means of containment during transport;
   3. the transport to destination;
   4. the unloading from the means of transport;
   5. the dangerous goods safety marks of means of containment and means of transport;
   6. the training of persons who handle, offer for transport, transport or import dangerous goods;
   7. the shipping documents and instructions to carrier (such as the location of the shipping documents during transport); and
   8. The submission and approval of the Emergency Response Assistance Plan.
3. The Participants are both responsible for ensuring that a person who handles, offers for transport, transports or imports Class 7 dangerous goods is adequately trained and holds a training certificate prescribed under the TDG Act.

3. Regulating the Carriers, Conveyances, Means of Transport and Means of Containment

1. The Participants establish and enforce any transportation requirements for carriers, conveyances, means of transport and means of containment, in accordance with their respective acts and regulations, as applicable.
2. The CNSC establishes and enforces the radiation protection program requirements for carriers.

4. Oversight

1. A Participant authorized by statutory authority to monitor and enforce compliance is responsible for inspections within its area of jurisdiction, and the other Participant will be prepared to assist, and will assist as requested.
2. Inspectors from the Participants may conduct joint compliance inspections as required.
3. The TDG Program conducts site evaluation (site assessment report) and may need to conduct such field assessment in collaboration with CNSC. The TDG Program will consult the CNSC when required.

5. Security

1. The CNSC is responsible for regulating all aspects of physical security of radioactive materials and prescribed equipment, as defined under the NSCA and its regulations, against sabotage or theft for all modes and phases of transport and handling by persons licensed by the CNSC.

6. Import and Export

1. The CNSC issues licences for import and export of radioactive materials and prescribed equipment, and is responsible for monitoring and enforcing compliance with these licences.

7. Investigation of Incidents and Accidents

1. The CNSC is the lead investigator in the event of a dangerous occurrence involving Class 7 dangerous goods during transportation. However, this does not preclude the conduct of an investigation under the TDG Act, where warranted.
2. Each Participant will support the other Participant during an investigation, as needed.

8. Emergency Response Assistance Plans (ERAPs) and Emergency Response

1. TC is responsible for setting the requirements of ERAP, and assessing, reviewing and approving such plans.
2. TC will consult the CNSC in setting the requirements of ERAP involving Class 7 dangerous goods and will consult the CNSC in assessing, reviewing and approving such plans. TC will provide the CNSC with reasonable time to do so. The CNSC will exercise due diligence to provide its comments within the reasonable time provided.
3. TC maintains CANUTEC to provide advice in response to any transportation of dangerous goods emergency, including those involving Class 7 dangerous goods.
4. In the event of an incident involving Class 7 dangerous goods, TC and CNSC will contact each other, if assistance by phone or on scene is required.
   1. TC may attend incidents in accordance with its incident attendance, as part of the TDG Response Manual.
   2. The CNSC may attend to incidents involving Class 7 dangerous goods as deemed necessary.
   3. TC will ensure that CANUTEC contacts the CNSC immediately upon CANUTEC being notified of a transportation emergency involving Class 7 dangerous goods, and, the CNSC will immediately contact CANUTEC at (613) 996-6666 or 1-888-226-8832, or *666 on a cellular phone, upon the CNSC being notified of a transportation emergency involving Class 7 dangerous goods.

9. International meetings

1. TC will provide a representative for technical meetings of international modal organizations, such as the International Civil Aviation Organization and the International Maritime Organization, unless otherwise mutually agreed upon between the Participants for specific items.
2. The CNSC will provide advice to the representative of such international modal organizations on matters related to the transportation of radioactive materials, as required.
3. The CNSC will provide a representative to technical meetings and other activities of the IAEA related to the transportation of radioactive materials, unless otherwise mutually agreed between the Participants for specific items.
4. TC may provide a representative to relevant meetings under the IAEA, with the understanding that should a CNSC representative also attend the meeting, the CNSC representative would normally be the lead representative.

Annex B To the Memorandum of Understanding Respecting Cooperation Between Transport Canada and the Canadian Nuclear Safety Commission

BETWEEN: Nuclear Security Division, Directorate of Security and Safeguards, Canadian Nuclear Safety Commission

AND: Aviation Security Directorate, Safety and Security Group, Transport Canada

(Hereinafter jointly referred to as the “Participants”)

1. Preamble

Whereas Transport Canada (hereinafter “TC”) serves the public interest through the promotion of a safe and secure, efficient and environmentally responsible transportation system in Canada;

And whereas the mandate of the Aviation Security Directorate of TC is to safeguard the integrity and security of the civil aviation system and the Department and to provide an effective emergency preparedness capability;

And whereas the Aviation Security Directorate’s mission is to further advance the integrity and security of an efficient, accessible and sustainable civil aviation system through:  awareness and education; the establishment and implementation of policies, legislation and standards; and monitoring and enforcement;

And whereas the Nuclear Security Division, Directorate of Security and Safeguards of the Canadian Nuclear Safety Commission (hereinafter “the CNSC”), provides technical advice, consultation and guidance on the implementation of the Nuclear Security Regulations (NSR) and other security related regulations, as well as physical and cyber protection programs at nuclear facilities and that such measures are consistent with Canada’s international obligations;

And whereas the Participants desire to establish a framework for the exchange of information on best practices in security technologies, testing methodologies and security devices that may enhance the attainment of their respective objectives and mandates;

And whereas TC and the CNSC recognize that the Memorandum of Understanding Respecting Cooperation between Transport Canada and the Canadian Nuclear Safety Commission (hereinafter referred to as the “MoU”) is a declaration of intentions by the Participants and will not create any binding legal obligations between the Participants;

Therefore, the Participants undertake to consult and cooperate in accordance with the provisions of this Annex B to the MoU to advance security and safety in Canada.

2. Definitions

“Participant” means the CNSC or TC.

“Participants” means the CNSC and TC.

3. Principles

Refer to Principles section of the MoU.

4. Understandings and arrangements

The Participants agree to:

4.1 inform and advise each other, to the extent possible, on their current policies, practices and standards concerning security technologies, training techniques, testing methodologies and security practices.

4.2 cooperate and exchange with each other, to the extent possible, on matters of mutual concern involving the security industry including:

1. technology management;
2. infiltration testing protocols; both participants agree to share only high-level information and that testing results which are of a sensitive nature will not be shared;
3. vehicle screening; and
4. lifecycle management of technologies, including acceptance testing, site acceptance testing, return to service testing and daily testing.

4.3 consult and cooperate with each other, to the extent possible, in the development of common agreements, conventions or assessments concerning relevant security practices including training techniques, testing methodologies, and security devices and equipment.

4.4 provide, to the extent possible, opportunities to permit attendance during inspections, training sessions, technical briefings and other events that would be beneficial in promoting the sharing of information and best practices.

5. Costs and cost sharing

The costing and cost sharing arrangements under this Annex B are found in section 4 of the MoU regarding costs and cost sharing.

6. Notification of inability to act under this Annex

A Participant will notify the other Participant, to the extent possible, if the determination is made that it is unable to continue to act under this Annex B, due to factors such as legislative or regulatory changes, court decisions, or changes under other domestic or international agreements or obligations.

7. Interpretation of MoU

The Participants will make every reasonable effort to resolve at the working level any differences in interpretation of this Annex. Failing resolution at the working level, differences of interpretation may be referred for resolution to each Participant’s primary point of contact in this Annex or, failing resolution between the primary points of contact, to the designated signing authorities in the MoU.

8. Duration

This Annex B becomes effective on the date of the last signature and will remain in effect until modified or withdrawn. This Annex may be revised by the mutual written consent of the Participants. Either Participant may withdraw from the Annex by providing at least six (6) months’ written notice to the other Participant, specifying its intention to withdraw and providing the effective date of withdrawal.

9. Periodic review

This Annex will be reviewed by the Participants’ primary points of contact as may be required from time to time, or at any time the need is identified by either one of the Participants, to verify that this Annex is functioning as originally intended.

10. Primary points of contact

10.1 The primary points of contact under this Annex B are as follows:

Director	Director
Aviation Security Directorate Transport Canada Place de Ville, Tower C 330 Sparks Street Ottawa, ON K1A 0N5	Nuclear Security Division Canadian Nuclear Safety Commission 280 Slater Street Ottawa, ON K1P 5S9

10.2 The points of contact named above will exchange and maintain appropriate lists of contacts at the working level(s) to facilitate the implementation of this Annex B.

11. Signatures

Signed in duplicate in English and French, both versions being equally authentic.