In November 2023, AtkinsRealis unveiled its plans to produce its 1,000 MW CANDU MONARK nuclear reactor at the World Nuclear Exhibition in Paris. The company has plans to partner with approximately 250 Saskatchewan-based companies to manufacture the reactors on a modular basis—a first in Canadian history.[1]  Not only will this project have economical impacts and be a step towards Canada’s clean energy goals, but also presents an opportunity for Canadian regulators to innovate its policies by adopting type certification practices.

AtkinsRealis has confirmed that the CANDU MONARK reactors will be produced using a “module-based construction strategy” to reduce construction times and lower costs.[2] Modular manufacturing involves creating components in modular parts, which are then assembled on-site. This method significantly reduces the time needed to make nuclear facilities operational.[3] However, Canada's current regulations require that construction be overseen and inspected by the Canadian Nuclear Safety Commission (CNSC), which limits the advantages of modular construction.[4]  

Type certification, a regulatory approach used in other industries for mass-produced products, could expedite the regulatory approval process. A product can receive type certification if the regulator is confident it will meet pre-approved specifications and maintain consistent quality. When a product is type certified, it means it can be produced and sold without further proof that it is in compliance with regulatory requirements.[5] Generally, type certification is awarded when:

1. The design, operation, and construction specifications comply with regulatory standards; and
2. The manufacturing process ensures high reproducibility and quality. [6]  

There has never been a better opportunity for the CNSC to explore type certification as the CANDU MONARK reactors meet the conditions necessary for this approach, i.e. they are mass-produced modularly, the manufacturing takes place within the CNSC's jurisdiction (enabling easier inspection and audits), and AtkinsRealis has an established working relationship with the CNSC through the development of earlier CANDU models.

A forward-thinking adoption of type certification could position Canada as a global leader in nuclear regulatory innovation. Though the degree of modularity remains to be clarified, type certification has the potential to significantly expedite the deployment of modular reactors, advancing both regulatory and clean energy goals. Notwithstanding and given the complexity, novelty, and hazardous nature of nuclear reactors, type certification should be implemented carefully. The CNSC can draw insights from the aviation[7] and maritime[8] industries, which have adopted similar regulatory frameworks with varying degrees of success.

About the Authors:

Andrew J. Dusevic obtained a Master of Laws from the University of Saskatchewan on the regulation of nuclear reactors in Canada and is an associate at the Firm's Saskatoon office practicing in the areas of commercial transactions, corporate governance and regulation in the energy, natural resource and Indigenous law sector.

About McKercher:

McKercher LLP is a leading Saskatchewan law firm in the areas of emerging energy, resources and technology.  Our lawyers are skillful in all related legal areas, including project development, project financing, procurement, supply chain, regulatory, environmental, engagement and consolation, government relations, and M&A.  For nearly 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province's largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.