Basic information
Outline of the system
The Nuclear Safety and Control Act (S.C., 1997, c.9) came into force 31 May 2000. The legislation established a national nuclear regulatory authority, the Canadian Nuclear Safety Commission (CNSC), for the purpose of administering the Act. The CNSC has established a comprehensive regulatory control system for the import, export, transfer, possession and use of nuclear substances, prescribed equipment and prescribed information (technology). Under this system, any person proposing to conduct these activities in Canada must do so only in accordance with a licence, subject to the regulations under the Act. Licence application requirements are specified in regulations, in general in the General Nuclear Safety and Control Regulations (SOR/2000-202). The Commission may not issue a licence unless it is satisfied that the applicant is qualified to conduct the activity to be authorized, and that the applicant will make adequate provision for the protection of the environment, the health and safety of persons, and the maintenance of national security and measures required to implement international obligations to which Canada has agreed.
Any person wishing to import a nuclear substance, prescribed equipment or prescribed information must obtain an import licence from the CNSC. Authority to import certain nuclear substances may be included in a licence to possess and use that nuclear substance, under general licensing provisions. However, import of controlled nuclear substances as defined in the Nuclear Non proliferation Import and Export Control Regulations (NNIECR) (SOR/2000-210) requires an import licence issued pursuant to those regulations. All controlled nuclear substances are prescribed as nuclear substances with respect to the import and export of those substances. Similarly, licensing authorization is required to import controlled nuclear equipment and information under the NNIECR. The Nuclear Safety and Control Act (NSCA) and its regulations are available through the CNSC website (http://www.nuclearsafety.gc.ca).
Product coverage
The purpose of the NSCA is two-fold: (i) to provide for the limitation of risks to national security, the health and safety of persons and the environment that are associated with the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information; and (ii) to provide for the implementation in Canada of measures to which Canada has agreed regarding international control of the development, production and use of nuclear energy, including the non-proliferation of nuclear weapons and nuclear explosive devices. Nuclear substances are defined in the NSCA (section 2), and include uranium, thorium, plutonium, deuterium and their respective derivatives and compounds, radioactive nuclides, and substances that are prescribed by regulation as being capable of releasing nuclear energy or as being required for the production or use of nuclear energy. Additionally, the NNIECR define controlled nuclear substances, controlled nuclear equipment and controlled nuclear information that are subject to specific import and export licensing controls, and list these in the Schedule to the regulations. These items are controlled for the purpose of assuring that the Government of Canada meets international obligations to which it has agreed regarding the non proliferation of nuclear weapons; they are based primarily on international guidelines and control lists. There are some exemptions from licensing requirement and these are identified in the NNIECR (section 4).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licensing of imports is intended to ensure that the nuclear substances, prescribed equipment and prescribed information are transferred only to persons authorized to use them safely and securely, pursuant to the provisions of the NSCA and its regulations. Licensing also enables the CNSC to take actions to assure that any applicable international, bilateral or multilateral obligations that Canada has entered into are met, including those related to nuclear non-proliferation.
Import licences may specify the maximum allowable quantity of nuclear substances, prescribed equipment and prescribed information authorized for import. The purpose of the regulatory controls on imports is to assure that the imported items are possessed only by qualified and authorized persons pursuant to the NSCA, and to assure compliance with international obligations; licensing is not intended to otherwise restrict the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
Not applicable. Quantity and value restrictions, beyond the terms and conditions contained in the individual import licence, do not apply to imports of nuclear substances, prescribed equipment and prescribed information, except as may from time to time be determined by Government policy.
The system applies to products originating from which country?
This licensing system applies to nuclear substances, prescribed equipment and prescribed information imported from any country.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The licensing of imports is a requirement of section 26 of the NSCA. Licensing procedures and licensing application requirements are prescribed by regulation. The Commission has established classes of licences authorizing the licensee to carry out any activity described in section 26 of the NSCA; this includes Import Licences. CNSC staff conducts risk-informed assessments of licence applications and supporting information, and makes recommendations to the Commission for decision on issuance of licences. A licence may contain any term or condition that the Commission considers necessary for the purposes of the NSCA.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The Commission has the power to delegate responsibilities to Designated Officers for issuance of licences in certain circumstances, pursuant to section 37 of the NSCA, and has done this for import and export licensing decisions.
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for an import licence. However, nuclear substances may not be imported unless the applicant also holds a valid licence issued by the CNSC for the possession and use of the nuclear substance being imported.
Is there a registration fee?
There are no application fees for requests to import, nor is there a system of registration of entities that engage in import activities.
Is there a published list of authorized importers?
The CNSC does not publish a list of authorized importers.
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Information required on applications to import a controlled nuclear substance, controlled nuclear equipment or controlled nuclear information is specified in the Nuclear Non-proliferation Import and Export Control Regulations (NNIECR), and includes: name and contact information of the applicant and of each consignee; description of the substance, equipment or information; name and address of the supplier; country of origin of the imported item; intended end-use of the item by the final consignee and the intended end-use location; the number of any licence to possess the substance, equipment or information; and, as applicable, the measures that will be taken to facilitate Canada's compliance with certain international obligations.
What documents is the importer required to supply with the application?
An application form, with instructions for completion, is provided on the CNSC website (Canadian Nuclear Safety Commission) http://www.nuclearsafety.gc.ca
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No; there are no limitations as to the period of year in which applications may be made.
Issuing the license
Can a licence be granted immediately on request?
A licence cannot be granted immediately upon request; a risk-informed assessment of an application submitted in compliance with the regulations is required prior to a licensing decision..
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
An import licence is normally issued within 30 calendar days of receipt of a complete application but can be issued in a shorter time if warranted.
Which administrative body is responsible for approving application of licences?
The CNSC is the only body authorized to issue an import licence pursuant to the NSCA. The Commission has delegated the authority for making the licensing decision on imports to a Designated Officer, pursuant to section 37 of the NSCA.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
The CNSC may include in an import licence any condition it considers necessary for the purposes of the NSCA, including compliance reporting conditions.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No; there are no licensing fees or administrative charges associated with the issuance of an import licence.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No; there is no requirement for any deposit or advance payment associated with the issuance of an import licence.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
The Designated Officer, acting on behalf of the Commission, may refuse to issue a licence, or may revoke, suspend, transfer, or amend the terms and conditions of a licence, for reasons of: protection of the environment and of the health and safety of persons; maintenance of national security; and requirements related to international obligations to which Canada has agreed (section 24, NSCA).
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
In such cases, the NSCA provides the applicant or, as appropriate the licencee, the opportunity to be heard by the Designated Officer before making their decision. The applicant or, as appropriate the licensee, can appeal the decision to the Commission, which can decide to uphold the decision of the Designated Officer or modify it.
If so, to what bodies and under what procedures?
In such cases, the NSCA provides the applicant or, as appropriate the licencee, the opportunity to be heard by the Designated Officer before making their decision. The applicant or, as appropriate the licensee, can appeal the decision to the Commission, which can decide to uphold the decision of the Designated Officer or modify it.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Importers must present the import licence to a customs officer upon importing the authorized nuclear substance, prescribed equipment or prescribed information (section 18, General Nuclear Safety and Control Regulations).
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Applications to import items that are subject to the provisions of bilateral nuclear cooperation agreements that Canada has entered into with nuclear trading partners, for the purpose of assuring that Canada's nuclear non-proliferation policy requirements are met, may require the CNSC to implement administrative procedural requirements with regulatory counterparts in the exporting country. There are no additional requirements placed on importers as a result of this, but implementing these bilateral procedures can require additional time to complete the processing and assessment of import applications.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity depends on the nature of the import, with a default term of one year. The validity of a licence may be extended through amendment upon written application.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No; there is no penalty for non-utilization of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Yes. The NSCA was amended in 2012 to allow for transfer of licences. Those amendments allow the CNSC to authorize the transfer of an import licence from the existing licence holder to another importer, upon receipt of an application and subject to applicable regulations. The CNSC must satisfy itself that the recipient of the licence proposed for transfer is qualified to conduct the activity to be authorized, and that the recipient will make adequate provision for the protection of the environment, the health and safety of persons, and the maintenance of national security and measures required to implement international obligations to which Canada has agreed.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.