Administrative Arrangements for Import and Export of Nuclear Substances: Backgrounder

Canada’s policy and international commitments on non-proliferation and export controls are founded on the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), to which Canada is a signatory. The NPT calls upon all parties to cooperate with one another in the development of the peaceful uses of nuclear energy.

Canada’s nuclear non-proliferation policy stipulates that cooperation with non-nuclear weapons states will only be authorized for those states that have ratified the NPT or made an equivalent binding commitment, and have thereby accepted International Atomic Energy Agency (IAEA) safeguards on the full scope of their nuclear activities.

Canada’s nuclear non-proliferation policy also stipulates that nuclear exports can go forward only to those states which have concluded a formal NCA with Canada. The Canada-Jordan NCA was signed on 17 February 2009 and brought into force on 16 June 2009. Canada now has 27 NCAs covering 44 countries.

NCAs are legally-binding bilateral treaties which establish reciprocal obligations that are designed to minimize the risk of proliferation associated with the international transfer of major nuclear items. As a nuclear partner, Jordan is committed to a set of non-proliferation requirements, notably that Canadian nuclear exports will be used solely for peaceful, non-explosive purposes.

Bilateral Administrative Arrangements

Canada’s NCAs contain a provision authorizing the CNSC as the appropriate governmental authority on the part of Canada to establish an AA to facilitate the effective implementation of an NCA. Pursuant to section 21(1) of the Nuclear Safety and Control Act (NSCA), the CNSC is authorized to enter into bilateral negotiations with regulatory counterparts for the purpose of concluding an AA.

The AA outlines the mechanisms used to implement the provisions contained in the NCA. It includes the procedures to be followed by both parties with respect to preparing and submitting Annual Inventory Reports; accounting processes for nuclear material; procedures for making items subject to the NCA and reporting their subsequent transfer; and procedures for obtaining retransfer consent and how to proceed once this has been granted. The AA functions on an agency-to-agency level to implement the commitments that are made in the NCA.

The CNSC links implementation of AA mechanisms to its authorization of the import and export of major nuclear items under the NSCA.