Helping good people do the right thing

by Linda J. Keen

The Canadian Nuclear Safety Commission (CNSC) is responsible for the regulation of nuclear energy and materials in Canada, with a mission to protect health, safety, security and the environment and to respect international commitments on the peaceful use of nuclear energy.

Since Canada has an extensive nuclear industry that ranges from uranium mining to nuclear power plants to medical and industrial uses of nuclear substances, and since nuclear regulation is solely a federal jurisdiction, the CNSC faces daunting challenges as it looks toward a future of growing demands for accountability and effectiveness. Our answer is a comprehensive approach using governance and leadership as the two guiding principles.

Parliament decided to separate the policy and economic decisions from those affecting Canadians’ health, safety and security by creating an independent agency responsible only for health and safety, which is both a quasi-judicial tribunal and a regulatory agency.

Good governance starts with modern, clear legislation. The Nuclear Safety and Control Act (NSCA) came into force in 2000, and has become an international model. The CNSC and its stakeholders can measure performance against a modern regulatory framework. Performance is documented in annual reports on plans and priorities available to parliamentarians and all interested stakeholders, both in Canada and abroad. Appearances by myself and other CNSC executives before parliamentary committees and various community and industry groups reinforce the concept of accountability and adherence to the regulatory mandate.

Governance is also about transparency. In an industry that is highly scientific and technical, and which makes risk-informed decisions on a daily basis, it is crucial that the CNSC’s independence be balanced by openness. This is accomplished by proactive communications via access to the licensing process and public hearings, community outreach and educational materials.

Transparency also means that Canadians have access to information at the CNSC without having to resort to formal processes. With restrictions based on security, personal information and commercial confidentiality, this access is not complete, but CNSC staff all know that we have a duty to maintain a trust relationship with our only client, Canadians.

Openness with licensees is also essential as they are ultimately responsible for the safety of their facilities. We require licensees to have a public information program, which is measured as part of the licensing and compliance program. They must understand the safety requirements and be able to comment openly on the regulatory framework as well as present their case to the Commission. Although most of our work is cost recovered and therefore subject to the User Fees Act and Cost Recovery Regulations, the regulatory oversight is safeguarded for independence through transparency of plans and a matrix approach to compliance and reporting.

Job one, however, is effective oversight of nuclear operators and, as such, the CNSC is equally judged on its results as a regulator, given that we measure ourselves against international counterparts. For example, Canada and the CNSC receive peer reviews as part of major conventions on nuclear safety and waste management, which are publicly available on our website.

Reviews by international colleagues at the Commission on Safety Standards and the International Atomic Energy Agency, as well as processes such as the newly initiated International Regulatory Review Team, provide CNSC feedback on diverse areas such as our regulatory framework, which is now based on international standards, and our quality management processes. These are translated into performance standards and reports, and help to move us towards our vision of being ‘one of the best nuclear regulators in the world’.

This means that learning is critical. Following the events of September 11, 2001, the CNSC not only moved quickly to reinforce the security of licensed facilities, it also updated the regulatory framework and increased inspection staff and intelligence links, creating increased national cooperation and benchmarking with colleagues in the US and the UK.

Finally, none of this culture of excellence would be possible without a focus on leadership. Over the last five years, our goal has been to build sustainable leadership across the organization, led by the Commission tribunal comprised of seven Canadians with national and international reputations. The Commission members render decisions impartially and with written reasons, reviewable only by the federal courts.

The leadership of the growing staff organization, now numbered at 560, is based on a clear, unwavering vision of excellence, and four strategic objectives with clear communication of long-term and annual priorities. Our goal is to communicate regularly with all staff to reinforce the priorities and the importance of their own leadership in their work. The CNSC’s Values and Ethics Strategy, ‘Helping good people do the right thing’, is reinforced by open communication and formal processes for disclosure and dispute resolution. Leadership requires investment in leaders, and management have individual learning plans based on an assessment against competencies and reinforced in their performance contracts.

All federal government organizations, including independent regulators, are being challenged to meet high standards for governance and oversight while they strive for excellence in their mandated responsibilities. The CNSC is meeting this challenge by aggressively setting and meeting objectives for effectiveness, transparency, leadership and efficiency based on a model of continuous improvement, respect for stakeholders and rigorous monitoring of performance. Canadians demand and deserve the best in regulatory oversight of a rapidly expanding nuclear industry.


Linda J. Keen, M.Sc., is president and CEO of the Canadian Nuclear Safety Commission.