Keynote – 2024 Nuclear Law School

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Introduction

Good afternoon, everyone. Thank you for that kind introduction.  

Bonjour. Merci pour cette aimable présentation. 

I would like to acknowledge that we are gathered here today on the traditional territory of many nations, including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples, and on what is now home to many diverse First Nations, Inuit, and Métis peoples. 

I am honoured to work with and learn from communities across unceded lands throughout Canada, and want to acknowledge all First Nations, Inuit, and Métis peoples who’s original and treaty territories we stand upon across Turtle Island.

As mentioned, I am Pierre Tremblay, President of the 

Canadian Nuclear Safety Commission, or CNSC. I have now had the privilege of leading the CNSC for almost 3 months, and I could not be happier to be speaking to you all today on behalf of the regulator. 

I’m so pleased you have also had the opportunity to hear from some of the CNSC’s many experts, with Pascale Bourassa speaking about the practical considerations around compliance with and enforcement of the nuclear regulatory requirements for Canadian export controls. 

And from Catherine Howlett on the role of the regulator and how we intend to manage licensing decisions in the context of the Impact Assessment Act. 

I myself have 40 years in Canada’s nuclear sector, all of which have been very rewarding. My career has given me a deep appreciation and respect for the people who work in the sector and their shared focus on safety and the culture that supports it. 

My new position with the CNSC is affording me the opportunity to play an essential role in the nuclear sector by serving the public in protecting Canada’s environment and its people. 

The CNSC is a world class nuclear regulator and I’m honoured to be leading this organization through such an exciting period for the nuclear sector. 

For my remarks this afternoon, I’d like to speak about the work the CNSC is doing to fulfil our important mandate, while ensuring our readiness for the future.

Important Work of the Regulator

As Canada’s nuclear regulator, the CNSC oversees the full lifecycle of nuclear facilities and activities, regulating the use of nuclear energy and materials to protect the health, safety, and security of people and the environment while ensuring Canada’s respect for its international obligations, including non-proliferation. 

All licensing decisions are made by the Commission, a quasi-judicial, independent tribunal set up at arm’s length from government, and with no ties to the nuclear industry. 

This is an interesting and crucial time for Canada’s nuclear sector. With a growing global energy demand, driven by electrification and our collective response to climate change, the potential for nuclear as a reliable baseload energy source is significant.

Given Canada’s long history and expertise in the nuclear field, there is of course a strong interest in maintaining its competitive advantage, and to keep pace with countries that are heavily investing in nuclear.

While the CNSC is independent and impartial, we are aware of and engaged with the external environment in which nuclear operates. 

The increased attention on and priority of nuclear are important factors motivating the CNSC to ensure regulatory readiness and efficiency. 

This is particularly true as we prepare for the eventual deployment of advanced and small modular reactor technologies.

In regulating to ensure safety, readiness and efficiency is achievable with no corners being cut. Our expectations for industry are the same. Together, we can all ensure the safe deployment of nuclear projects.

The possibility of the broad deployment of small modular reactors – or SMRs – requires us to be ready in new and different ways.

This is just one driver to modernize our regulatory framework and practices. 

As a part of our modernization efforts, we undertook a full strategic review of the CNSC’s regulatory framework to identify gaps and opportunities for improvement to ensure clarity of requirements for SMRs, such as shifting from a prescriptive approach to a technology-neutral performance-based approach.

This includes proposed Nuclear Security Regulations that respond to changes in security threats and adapt to technological advancements. 

The current regulations do not in our view adequately consider a risk-informed approach – nor do they consider different technologies, sizes, locations, and alternative approaches to address potential security threats and risks. 

This could prevent licensees and proponents from using new security technologies or innovative practices that meet – or exceed – the regulatory objective to delay potential adversaries. 

Mind you, modernizing our regulations isn’t new. It is a continuation of years of work and something the CNSC is always in the process of doing.

For example, in 2020, following extensive consultation, the Radiation Protection Regulations were updated to enhance protections for nuclear sector works, including accommodations for workers who are breastfeeding, and a lower annual limit for radiation doses to the lens of the eye.

This is just one example where we have leveraged over 20 years of experience with the Nuclear Safety and Control Act and advances in science to ensure our regulatory framework reflects our current and modern reality.

By necessity, this work is ongoing. As the sector evolves, so does the regulatory landscape.

We are also ensuring we do not work in isolation. As we modernize and ready ourselves for new technologies, we continue to look for ways to collaborate and coordinate with other government agencies here at home, as well as our regulatory counterparts around the world. 

For example, the CNSC is working closely with the Impact Assessment Agency of Canada to ensure processes are well aligned to reduce duplication of work. 

The CNSC recognizes the vital role of the Impact Assessment Agency of Canada. The renewed emphasis on nuclear in the pursuit of clean growth requires many agencies to play equally important roles.

We remain committed to supporting the work of our partners and the Government’s action plan – Building Canada’s Clean Future – while continuing to honour our own commitment of being efficient as the nuclear safety regulator.

It’s not just coordination at home. International cooperation has far-reaching benefits for world-wide nuclear safety and helps to ensure a streamlined and safe approach to deployment for these projects. 

CNSC along with our colleagues in the US and UK have taken essential steps to enable the sharing of knowledge and best practices to foster the safe deployment of nuclear technologies worldwide. 

Agreements such as the trilateral Memorandum of Cooperation between the CNSC, the US Nuclear Regulatory Commission and the UK’s Office for Nuclear Regulation support collaboration on the technical reviews of advanced reactor and SMR technologies.

Under this agreement we work together to develop shared technical assessment approaches, collaborate on pre-application activities to ensure mutual preparedness, and collaborate on research, training, and in the development of regulatory approaches. 

Preparing for the future is a global effort. When we join forces with international organizations, our collective expertise can grow considerably and accelerate our progress, while also enhancing our primary focus on safety. 

Together, we will be well-equipped to manage any challenges that we may face. 

The CNSC’s mandate also includes communicating objective scientific, technical, and regulatory information to the public. 

As the regulator, we must instill confidence in Canadians that decisions are risk-informed, evidence- and science-based. And that the safety of Canadians and the environment are at the forefront of all that we do. 

We do this by communicating and engaging with the public we serve – and by disseminating objective information to the public. 

Nuclear technologies and activities are not limited by Canada’s provincial and territorial borders. 

And so, we share information with and provide opportunities for engagement to all Canadians, not just those in the traditional nuclear-host communities. 

The CNSC also encourages open dialogue through consultation and engagement, with staff from across our organization engaging with communities and stakeholders nationwide.

In practice, this includes participating in community events, engaging with the public and intervenors during Commission proceedings, delivering educational presentations, and continuing to prioritize relationship-building with Indigenous Nations and communities through continued and meaningful engagement, consultation and mutual learning.

Effective communication and engagement build trust through openness, transparency and listening – and public trust is critical. 

We are doing our part and expect industry to do the same. 

The CNSC has outlined such expectations clearly in our regulatory documents for Indigenous engagement and public information and disclosure. 

Proponents and industry have the responsibility to develop meaningful, long-term relationships with Indigenous Nations and communities whose treaty lands, territories, and potential and established rights could be impacted by nuclear activities. 

They must also develop and maintain programs that ensure effective communication with the public as a licensing condition. 

Only through such efforts will they earn trust and support for their projects. 

We as the regulator will be watching and expect performance to be maintained as new technologies are sought after. 

Internal efforts

I have mentioned a few times today, that safety is our top priority. A strong safety culture is an essential component, helping to build trust within the organization, as well as with the public we serve.

That is why the CNSC continues to prioritize understanding and strengthening our regulatory safety culture through various mechanisms, most recently through the Independent Safety Culture Assessment led by the International Atomic Energy Agency, or IAEA. 

With almost 80 years of nuclear safety and security in Canada, our long history has taught us the importance of self-reflection and the need for continuous improvement, and that complacency is the enemy of excellence.

We know that a culture for safety is an ongoing journey, which is why we continue to look for opportunities such as this mission to support our reflection and self-improvement. The IAEA recognized this in their preliminary findings, noting that we demonstrate a continued commitment for external review to help continuously improve. They recognized the strong personal commitment of staff to the CNSC safety mission, and our recognition that we face a significant amount of change in the coming years which we will need to continue to prepare for.

The CNSC has also worked to better understand the important role diversity and inclusion play in safety culture. We know that diverse voices lead to better decision-making and better safety outcomes. 

While I may not have faced the challenges in my career that some have, I am very aware of the need to direct our energies and efforts to ensure diversity in the talent pipeline. 

Efforts such as this will let us engage the best and the brightest. It will foster innovation and improve our regulatory decisions. Complex challenges like those we face in the nuclear sector require varied perspectives. 

Conclusion

Many of you may be wondering, where do I fit? What role do I have to play? 

There is value in gaining operational experience, which can be obtained in many ways. We live in a dynamic world, and our legislative framework is ever evolving. Embrace that uncertainty and the change that comes with it and challenge yourselves to continuously grow and learn. 

The CNSC’s Legal Services team is a great example of this. They are an integral part of our organization, both in day-to-day operations as well as part of our management team. They act as counsel at Commission hearings and represent the CNSC in litigation. 

Our Legal Services team directly supports the business of the CNSC as the regulator and, as such, contributes to the broader nuclear sector. 

They do this by providing in-house legal advice to the CNSC, including advice on the interpretation of the Nuclear Safety and Control Act and its related regulations and other legislation that may affect CNSC operations. With their experience and knowledge, they assist the Commission in its modernization efforts to find ever more effective means of delivering on its mandate.

As lawyers, you know that you do not make policy. You interpret the law and give advice. You are not in a position to dictate outcomes; rather you provide strategic legal perspectives that bring valuable insight and contributions through your work.

There is a necessary balance here. Courageous decision-making is needed at this time, and your legal advice to your clients can help them advance their important priorities. 

We are at a critical point in history. And we have lots to do. 

I can reassure you that the CNSC will be here making sure that safety remains top of mind for everyone. 

There is a strong foundation in place and a great deal of work already underway to ensure we are ready. I am eager to guide the CNSC as an organization as we continue this journey.

This is a very exciting time for the nuclear sector, and I look forward to what the future holds.

Thank you again for inviting me to speak at your 2024 Nuclear Law School, I look forward to answering any questions you may have.