Licensing of Class II nuclear facilities

Requirements for the licensing of Class II nuclear facilities are prescribed by the Class II Nuclear Facilities and Prescribed Equipment Regulations, as well as the General Nuclear Safety and Control Regulations and the Radiation Protection Regulations.


Class II nuclear facility licences

The Canadian Nuclear Safety Commission (CNSC) may only issue a licence to a Class II nuclear facility when:

  • the Commission considers the applicant to be qualified
  • the applicant has made adequate provision for the protection of the environment and the health and safety of persons
  • the applicant otherwise meets the requirements prescribed by the Nuclear Safety and Control Act (NSCA) and its regulations.

There are four categories of Class II nuclear facility licences:

Licence to construct

If you wish to construct a Class II nuclear facility in Canada, you must first obtain a Licence to construct. An application for a licence to construct is assessed to ensure:

  • the applicant has control of the site upon which the Class II nuclear facility will be built
  • the facility design is in compliance with the requirements prescribed by the NSCA and its regulations

The facility design must take into account the safety and security of the public, as well as environmental considerations. Note that a licence to construct does NOT authorize the licensee to possess nuclear substances or produce radiation.

Licence to operate

Before possessing nuclear substances or producing radiation, you must first obtain a licence to operate. Licences to operate are separated into two categories:

1. Licence to operate for the purpose of commissioning
Licensees in this category can operate Class II prescribed equipment for the purposes of confirming the robustness of their facility design and for ensuring that all associated safety systems are functioning properly. Licensees must report back to the CNSC on their findings and provide satisfactory test results. Note that medical facilities with this type of licence may NOT use the prescribed equipment for patient treatment.

2. Licence for routine operation
Once the licensee has demonstrated to the CNSC that the facility is operating as expected, that it has properly trained staff and that all safety systems are in place and functional, a licence for routine operation can be issued. This allows the prescribed equipment to be operated for its intended purpose without restriction but still within the confines of the NSCA, its regulation and any licence conditions that have been imposed.

Licence to decommission

Applicants for a licence to decommission are required to demonstrate that any Class II nuclear facility under their supervision will be properly dismantled, with particular care taken to ensure proper handling and disposal of radioactive substances.

Licence to service

In order to perform servicing activities in Canada, a licence to service must be obtained. There are two categories of service licences:

  • Licence to service (by operator) – allows operators of Class II nuclear facilities to have their own in-house servicing staff. Servicing operations may only be carried out at facilities owned by the operator.
  • Licence to service (third party) – allows entities such as prescribed equipment manufacturers or independent servicing companies to service prescribed equipment, typically throughout Canada.

Before receiving a licence to service, applicants must demonstrate that they have the correct expertise in terms of equipment operation and maintenance, as well as radiation safety.

Licence application guides and forms

In order to apply for a licence, please fill out the appropriate form below.

Table: Licence application guides and forms
Licence category Licence application guide Licence application form Applicable
usetype(s)

License to construct, operate and decommission the following facilities:

  • medical linear accelerator
  • radioactive-source teletherapy machine
  • remote brachytherapy afterloader (except decommissioning)

RD/GD-120: Licence Application Guide Radiotherapy (HTML / PDF)

Radiotherapy Application Form (PDF)) 521, 522, 523, 524, 525, 541, 542, 551, 552, 554, 555, 560, 561
License to service any Class II prescribed equipment

RD/GD-207: Licence application guide, Service Class II Prescribed Equipment (HTML / PDF)

Service Class II prescribed equipment application form (PDF) 565, 566
Licence to construct, operate and decommission a Class II Non-Radiotherapy Accelerator Facility

RD/GD-289 Version 2: Licence application guide, Class II Non-radiotherapy Accelerator Facilities (HTML / PDF)

Licence application form – Class II Non-radiotherapy accelerator facilities(PDF) 515, 516, 517, 518, 519, 520

If the licence application guide or form for your desired usetype is not present in the table above, contact your licensing officer or contact the CNSC.

Changes to licences

If you wish the Commission to amend, revoke or replace a licence, you must make your request in writing and provide any additional information required regarding your request. The request should be made by contacting your licensing officer.

Representatives of applicants and licensees

Pursuant to paragraph 15(a) of the General Nuclear Safety and Control Regulations, every applicant and licensee must notify the Commission of persons who have authority to act for them in their dealings with the Commission. These dealings may include licence applications, amendments and revocations, reporting to the Commission as required by the regulations or licence, and responding to notices of non-compliance. Statements and representations made by a representative of an applicant or licensee are binding on the applicant or licensee. The Representatives of Applicants and Licensees form must be completed and submitted for new licensees or upon any change in the licensee's representatives.

Licence Transfer

Under certain circumstances – as per the Nuclear Safety and Control Act (NSCA), sections 24(2) and 24(4) – the CNSC may authorize the transfer of a licence from one licensee to another, or to a new licence applicant, provided there has been no significant change in the licensed activity. This process is intended to simplify the regulatory process for licensees, while ensuring that all regulatory requirements are met.

A request for licence transfer can be triggered by the following changes:

  • change to a corporation’s name and number
  • corporate merger
  • corporate restructuring

To request a licence transfer, the existing licensee must complete and submit an application form to their CNSC licensing officer, including a copy of the new proof of legal status. If there is a change to current RSO, an application for certification of the proposed candidate is required with supporting information, in order to process the transfer application.

Fill out a Class II licence transfer form.

Exempted activities

The Class II Nuclear Facilities and Prescribed Equipment Regulations also exempt certain activities from licensing requirements. For Class II nuclear facilities, the following activities may be carried out without a licence:

  • site preparation for a facility
  • construction, operation, modification, decommissioning or abandonment of a facility that consists of a geophysical logging accelerator
  • decommissioning of a facility that consists of a brachytherapy remote afterloader

A person may possess, transfer or produce Class II prescribed equipment without a licence as long as it does not contain any nuclear substances.

Financial guarantees

A financial guarantee is a tangible commitment by a licensee that there will be sufficient resources to safely terminate licensed activities authorized under all CNSC-issued licences for nuclear substances, prescribed equipment and Class II facilities. Failure to properly terminate licensed activities can result in risk to the health and safety of persons and the environment. A financial guarantee does not relieve licensees from complying with regulatory requirements for termination of licensed activities, but ensures there are funds available when licensees are unable to carry out safe termination.

Usetypes

The CNSC categorizes various licensed equipment and activities into what are known as “usetypes”. A usetype is a single licensed activity or type of equipment in a particular stage of licensing.

In most cases, only one usetype may appear on a particular licence. A cancer treatment centre operating medical particle accelerators, remote brachytherapy aferloaders and with servicing personnel on staff is said to have three separate usetypes and a separate licence must be obtained for each. Usetypes are defined by the licensing stage of the prescribed equipment; a particle accelerator in the routine operation phase is a different usetype than a particle accelerator that is in the decommissioning phase. 

Consolidated licensing

Some common usetypes related to radiation therapy can be consolidated into a single usetype. There are many advantages to consolidated licensing, including reduced paperwork throughout the licensing cycle and a 10-year renewal period (most current radiation therapy licences have five-year renewal periods).

Read more about consolidated licensing.

Licence turnaround times

When a licence application is received at the CNSC, it goes through the following steps:

  1. entry into our electronic records system
  2. assessment for relevant fees, if applicable
  3. entry into our licensing database
  4. technical assessment by a licensing officer
  5. quality assurance
  6. sign-off by a designated officer
  7. licence issued and mailed/faxed to licensee

The chart below shows the typical time it takes to perform the technical assessment of a licence application. The timelines assume that the application received was complete, and that no further clarification was needed on the information submitted. If the CNSC receives an incomplete application, the processing time will restart from the date the updated information is obtained.

Table: Licence turnaround times
Licence type Processing time*
Construction eight weeks
Commissioning six weeks
Servicing six weeks
Routine operation two weeks
Decommissioning two weeks
Licence amendments Varies depending on scope

* NOTE: Please add two weeks to each of the above timelines to account for administrative tasks, fee processing, etc.

Licensing and compliance decisions

Under section 37 of the NSCA, the Commission has delegated signing authority of licences issued under the Class II Nuclear Facilities and Prescribed Equipment Regulations to designated officers, who make most licensing and compliance decisions regarding Class II facilities. If a licensee or applicant disagrees with a decision, they have the opportunity to be heard by the designated officer and, if necessary, by the Commission.