Request pursuant to subsection 12(2) of the General Nuclear Safety and Control Regulation–Best Theratronics Ltd. compliance with amended Order on financial guarantee matters

Dear Mr. Suthanthiran:

This letter is a request pursuant to subsection 12(2) of the General Nuclear Safety and Control Regulations.

The Commission amended the Designated Officer Order to Best Theratronics Ltd. related to financial guarantee matters on February 14, 2025 [1]. The amended order prohibits most activities under Best Theratronics Ltd. Class 1b operating licence until a financial guarantee acceptable to the Commission in the amount of $1.8 million is re-established. Since that decision, in email exchanges, you have indicated your plan to seek recourse on that decision [2]. In a subsequent email exchange [3], you expressed your concern with the amended order but did not indicate whether you intended to seek recourse or to comply with the Order. To date, no further information has been forthcoming from Best Theratronics Ltd. on the progress made to re-establish its financial guarantee.

As such, I request, pursuant to my authority as a person authorized by the Commission for the purposes of subsection 12(2) of the General Nuclear Safety and Control Regulations that Best Theratronics Ltd. conduct an analysis and submit the following information:

1. A record of actions taken to date towards re-establishing the financial guarantee as specified in the amended Order.
2. A record of actions remaining to be taken towards re-establishing the financial guarantee as specified in the amended Order.
3. A date by which Best Theratronics Ltd. anticipates it will submit its financial guarantee to the CNSC.

Best Theratronics Ltd. shall submit its response in writing no later than June 9, 2025. In accordance with subsection 12(2) of the General Nuclear Safety and Control Regulations, Best Theratronics Ltd.’s response shall also include the following information:

1. confirmation that the request will or will not be carried out or will be carried out in part;
2. any action that Best Theratronics Ltd. has taken to carry out the request or any part of it;
3. any reasons why the request or any part of it will not be carried out;
4. any proposed alternative means to achieve the objectives of the request; and
5. any proposed alternative period within which Best Theratronics Ltd. proposes to carry out the request.

As part of a graduated enforcement plan, failure to act and/or respond to a request under subsection 12(2) of the General Nuclear Safety and Control Regulations may lead to further enforcement action. Also, it should be noted that, pursuant to section 41 of the Nuclear Safety and Control Act, any person named in or subject to an Order shall, whether or not the person has had an opportunity to make representations with respect to the Order, comply with the Order.

If you have any questions, please do not hesitate to contact Andrew McAllister, Director, Nuclear Processing Facilities Division at andrew.mcallister@cnsc-ccsn.gc.ca.

Sincerely,
Luc Sigouin Designated Officer and Director General
Directorate of Nuclear Cycle and Facilities Regulation

c.c. M. Xu, J. Mayda, R. Bergin, J. Brady, P. Zanetti, A. Ciresianu (Best Theratronics Ltd.)
S. Eaton, A. McAllister, A. O’Connor (CNSC)

References

1. Record of Decision – DEC-H102. Review of Designated Officer Order 7396415. February 14, 2025.
2. Email – Krish Suthanthiran (Best Theratronics Ltd) to Andrew McAllister (CNSC). March 2, 2025.
3. Email – Krish Suthanthiran (Best Theratronics Ltd) to Andrew McAllister (CNSC). March 31, 2025.