CNSC’s Nuclear Security Program: Management Response

1. Program Rationale and Relevance

• The rationale for continuing a strong focus on the physical protection of nuclear facilities and materials is clearer now than it has ever been;
• A comprehensive security regime is now essential to assure both the Commission as well as the Canadian public that nuclear facilities have the required physical protection in place to minimize the risk to national security.

Unit Responsible

Management Response

Status

(NSD)
Nuclear Security Division

We accept this finding and will continue to ensure that there will be a strong focus on the physical protection of nuclear facilities and materials. To do this we will:

Ensure that the Nuclear Security Program continues to develop all of the components that will enable NSD to successfully deliver on the CNSC mission, which is to regulate the use of nuclear energy and materials to protect health, safety, security and the environment and to respect Canada's international commitments on the peaceful use of nuclear energy. This will involve the presentation of a business plan to OMC that outlines the long-term strategy, organization and resources that NSD will require to both maintain their current program as well as to evolve to the required level to meet upcoming expectations such as “new builds” and provide an improved basis for the CNSC’s relationship with licensees.

Implemented. The Directorate of Security and Safeguard which includes the Nuclear Security Division has a strategic business plan in place. Additional resources have been added to address the needs of the expanded Nuclear Security Program and partnerships have been developed with the licensees and the intelligence community as well as with law enforcement.

2. Effectiveness and Success of the Program

• The NSD has implemented a comprehensive, risk-based and well-documented promotion, verification and enforcement program;
• Promulgation of the amended Nuclear Security Regulations is now complete;
• There is a need to do more in the area of protecting nuclear materials (high risk radiological sources) during transport as well as storage.

Unit Responsible

Management Response

Status

(NSD)
Nuclear Security Division

We accept these finding and will continue to develop this program to ensure that adequate physical protection programs are in place at nuclear facilities that require them. To do this we will:

Continue to utilize a comprehensive risk based approach to identify higher risk facilities in order to meet the requirements of the Nuclear Safety Control Act and associated regulations.

Implemented. The Nuclear Security Division utilizes a risk-based approach to the regulation of nuclear security requirements within the Canadian nuclear industry. Assessments of the level of risk/threat for each licensee have been completed and inspections confirm licensee compliance with established security regulations.

Continue with the process of developing regulatory guideline documents to provide better articulation of compliance expectations and to ensure to the extent possible that Canada meets the amended Nuclear Security Regulations as well as the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources.  This would include guidelines documents related to the physical security requirements for high risk radiological sources during transport as well as storage.

Implemented. Key regulatory documents are in various phases of development.

3. Program Management

• There is a need for a more coordinated approach to matters such as outreach, promotion, guidance, regulations, technical assessments and international cooperation;
• A Directorate of Security and Safeguards has now been established.

Unit Responsible

Management Response

Status

(NSD)
Nuclear Security Division

We accept these finding and will continue to develop in these areas. To do this we will:

Ensure that any approved business plan has an objective of achieving a coordinated approach to these matters with licensees, with other directorates in the CNSC and with other government departments such as outreach, promotion, guidance, regulations, technical assessments and international cooperation.

Implemented. Several initiatives have been implemented by the CNSC to reach out to licensees and the nuclear community at large to promote improved security of nuclear materials and equipment. CNSC inspectors engage in outreach with licensees to promote security, intelligence and industry best practices. Overall, the CNSC promotes a resilient security, safeguard and counter-proliferation environment for Canada and works closely with international partners and other stakeholders in Canada and abroad to ensure adherence to the highest standards.

4. Improving Program Performance
The CNSC has identified opportunities for improvement in the following three areas as a result of its analysis of the Smart Border II initiative:

• Increased regulatory oversight of high-risk radiological sources;
• Implementing the means to evaluate and measure the effectiveness of on-site armed response in place at critical nuclear facilities;
• Enhancing capacity for intelligence sharing and analysis.

Unit Responsible

Management Response

Status

(NSD)
Nuclear Security Division

We agree with these findings and will continue to develop and implement programs to ensure that these areas are addressed. To do this we will:

Determine a path forward to verify the reliability and trustworthiness of personnel that require access to high risk nuclear materials

Implemented. CNSC staff performs a risk-based assessment for each licensee, and recommendations, action notices or directives are issued to licensees as necessary to address security deficiencies.

Develop and implement a performance testing and evaluation program for nuclear response force personnel that will include a force-on-force testing element as well

Implemented. A Performance Testing Program has been developed and implemented to physically test the security programs at higher risk nuclear facilities.