Key Takeaways:
- Canada’s nuclear regulatory framework is robust, transparent, and among the best in the world.
- The framework is built on a strong legal foundation, guided by science, and informed by international standards.
- The Canadian Nuclear Safety Commission (CNSC) plays a crucial role in regulating nuclear activities, ensuring safety, and protecting the environment.
- Transparency and public participation are core principles of Canada’s nuclear regulatory regime.
- Effective coordination with provinces and territories, as well as international regulators, is essential for maintaining high standards of nuclear safety and environmental stewardship.
Introduction to Canada’s Nuclear Regulatory Framework
As Canada embarks on a new era of nuclear development, the strength of its regulatory regime has never been more critical. A clear, transparent, and consistent regulatory framework is essential for supporting safety, public confidence, and converting ambition into delivery. In November 2025, MLT Aikins LLP co-published a report with the University of Calgary and the International Nuclear Law Association, highlighting the importance of Canada’s nuclear regulatory framework. The report, "Delivering the Future of Nuclear in Western Canada," is available for free download and provides valuable insights into the country’s regulatory system.
The Foundation of Canada’s Nuclear Regulatory Framework
Canada’s nuclear regulatory framework is built on a strong legal foundation, with the federal government’s authority to regulate nuclear energy grounded in two key constitutional principles. The first principle, found in Section 91 of the Constitution Act, 1867, gives the federal government the power to regulate for the "Peace, Order and Good Government" of Canada. The second principle, found in Section 92(10)(c), allows Parliament to declare certain local works or undertakings to be for the general advantage of Canada. The Nuclear Safety and Control Act (NSCA) uses this declaratory power to assert federal jurisdiction over nuclear substances, prescribed equipment, and related activities. This constitutional framework provides the federal government with the authority to create, enforce, and update legislation and regulations for nuclear energy, ensuring consistency and alignment with global non-proliferation and safety standards.
A Lifecycle Approach to Nuclear Regulation
Canada takes a lifecycle approach to nuclear regulation, governing every stage of a nuclear facility’s existence, from initial site preparation through construction, operation, decommissioning, and eventual release from regulatory oversight. Each stage requires a distinct license, and no stage can proceed without regulatory approval. This staged, lifecycle model allows for ongoing oversight, transparency, and public involvement at each step. The CNSC applies this model consistently across different types of nuclear facilities and activities, including uranium mines and mills, power reactors, research reactors, waste management facilities, and the use of nuclear substances in medicine and industry.
Rules, Regulations, and Guidance
Nuclear regulation in Canada operates under a hierarchical legal framework, with the Nuclear Safety and Control Act at the top, establishing the CNSC and setting out its powers, functions, and responsibilities. Beneath this are 13 sets of regulations that provide more detailed legal requirements, such as the General Nuclear Safety and Control Regulations, Radiation Protection Regulations, and Uranium Mines and Mills Regulations. Below the regulations are regulatory documents (REGDOCs), which provide additional clarity and guidance on how regulated entities can comply with legal requirements. While not law themselves, REGDOCs often become part of the licensing basis for nuclear projects, making their provisions enforceable.
Licensing, Oversight, and Accountability
Licensing is a fundamental aspect of Canada’s nuclear regulatory system, ensuring that only qualified applicants are permitted to engage in nuclear-related activities. Licenses are tailored to the nature and scope of each activity, with conditions that reflect safety, environmental protection, and security objectives. The CNSC has wide discretion to impose conditions and to amend, suspend, or revoke licenses as necessary. Licensing decisions are informed by technical assessments, public and Indigenous consultation, and often environmental impact assessments. The CNSC is also empowered to impose compliance measures and enforce conditions through inspections, orders, and administrative monetary penalties.
Transparency and Public Participation
Transparency is a cornerstone of Canada’s nuclear regulatory regime, with most CNSC proceedings being public and the Commission actively encouraging public and Indigenous participation. Hearings are webcast and archived online, and the CNSC offers participant funding to support meaningful involvement in its processes. Applicants must disclose relevant information, and regulatory decisions are explained in publicly available documents. The CNSC is also mandated by law to share objective scientific and technical information with the public, further strengthening accountability.
Jurisdictional Coordination and Global Engagement
While nuclear regulation is a federal responsibility, effective coordination with provinces and territories is essential. Provincial authorities often play a role in areas such as emergency preparedness, environmental protection, and occupational health and safety. In cases where both federal and provincial approvals are required, the CNSC coordinates with other regulators to minimize duplication and ensure consistency. Moreover, the CNSC regularly collaborates with international regulators and agencies to share knowledge, align with best practices, and contribute to the development of global nuclear safety standards.
Conclusion
Canada’s nuclear regulatory system is built on a strong legal foundation, guided by science, informed by international standards, and committed to public trust. Through a combination of legislative authority, regulatory rigor, licensing oversight, and meaningful public engagement, Canada continues to uphold high standards of nuclear safety and environmental stewardship. The decisions made today – on licensing, regulation, public engagement, Indigenous consultations, fuel supply, and waste management – will shape Canada’s role in global nuclear leadership for decades to come. As the country embarks on a new era of nuclear development, it is essential to understand the importance of its regulatory framework and its role in supporting a safe, secure, and sustainable nuclear industry.