Nuclear Safety and Control Act (S.C. 1997, c. 9)

Short Title

Marginal note:Short title

1 This Act may be cited as the Nuclear Safety and Control Act.

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

analyst

analyst means a person designated as an analyst under section 28. (analyste)

Commission

Commission means the Canadian Nuclear Safety Commission established by section 8. (Commission)

designated officer

designated officer means a person designated as a designated officer under section 37. (fonctionnaire désigné)

dosimetry service

dosimetry service means a prescribed facility for the measurement and monitoring of doses of radiation. (service de dosimétrie)

inspector

inspector means a person designated as an inspector under section 29. (inspecteur)

licence

licence means a licence issued under section 24. (licence ou permis)

Minister

Minister means the Minister of Natural Resources or such member of the Queen’s Privy Council for Canada as the Governor in Council may designate as the Minister for the purposes of this Act. (ministre)

nuclear energy

nuclear energy means any form of energy released in the course of nuclear fission or nuclear fusion or of any other nuclear transmutation. (énergie nucléaire)

nuclear energy worker

nuclear energy worker means a person who is required, in the course of the person’s business or occupation in connection with a nuclear substance or nuclear facility, to perform duties in such circumstances that there is a reasonable probability that the person may receive a dose of radiation that is greater than the prescribed limit for the general public. (travailleur du secteur nucléaire)

nuclear facility

nuclear facility means any of the following facilities, namely,

• (a) a nuclear fission or fusion reactor or subcritical nuclear assembly,

• (b) a particle accelerator,

• (c) a uranium or thorium mine or mill,

• (d) a plant for the processing, reprocessing or separation of an isotope of uranium, thorium or plutonium,

• (e) a plant for the manufacture of a product from uranium, thorium or plutonium,

• (f) a plant for the processing or use, in a quantity greater than 10¹⁵ Bq per calendar year, of nuclear substances other than uranium, thorium or plutonium,

• (g) a facility for the disposal of a nuclear substance generated at another nuclear facility,

• (h) a vehicle that is equipped with a nuclear reactor, and

• (i) any other facility that is prescribed for the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information,

and includes, where applicable, the land on which the facility is located, a building that forms part of, or equipment used in conjunction with, the facility and any system for the management, storage or disposal of a nuclear substance. (installation nucléaire)

nuclear substance

nuclear substance means

• (a) deuterium, thorium, uranium or an element with an atomic number greater than 92;

• (b) a derivative or compound of deuterium, thorium, uranium or of an element with an atomic number greater than 92;

• (c) a radioactive nuclide;

• (d) a substance that is prescribed as being capable of releasing nuclear energy or as being required for the production or use of nuclear energy;

• (e) a radioactive by-product of the development, production or use of nuclear energy; and

• (f) a radioactive substance or radioactive thing that was used for the development or production, or in connection with the use, of nuclear energy. (substance nucléaire)

penalty

penalty means an administrative monetary penalty imposed under this Act for a violation. (pénalité)

prescribed

prescribed means prescribed by regulation of the Commission. (réglementaire ou réglementé)

radiation

radiation means the emission by a nuclear substance, the production using a nuclear substance, or the production at a nuclear facility of, an atomic or subatomic particle or electromagnetic wave with sufficient energy for ionization. (rayonnement)

record

record has the meaning assigned to that word by section 3 of the Access to Information Act. (document)

vehicle

vehicle means any means of air, water or land transport, and includes railway equipment within the meaning assigned to that expression by subsection 4(1) of the Railway Safety Act. (véhicule)

Purpose of Act

Marginal note:Purpose

3 The purpose of this Act is to provide for

• (a) the limitation, to a reasonable level and in a manner that is consistent with Canada’s international obligations, of the risks to national security, the health and safety of persons and the environment that are associated with the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information; and

• (b) the implementation in Canada of measures to which Canada has agreed respecting international control of the development, production and use of nuclear energy, including the non-proliferation of nuclear weapons and nuclear explosive devices.

Application

Marginal note:Her Majesty

4 Subject to any order made pursuant to section 5, this Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Orders excluding Department of National Defence, etc.

5 The Governor in Council may, by order, exclude the Department of National Defence or the Canadian Forces from the application of this Act or any regulations made pursuant to this Act, to the extent and under the conditions specified in the order.

Marginal note:Act not applicable to certain naval vessels

6 This Act does not apply to a nuclear-powered or nuclear-capable naval vessel of a foreign state that is invited into Canada by Her Majesty in right of Canada.

Marginal note:Commission may exclude certain substances

7 The Commission may, in accordance with the regulations, exempt any activity, person, class of person or quantity of a nuclear substance, temporarily or permanently, from the application of this Act or the regulations or any provision thereof.

Canadian Nuclear Safety Commission

Establishment of Commission

Marginal note:Establishment of Commission

• 8 (1) There is hereby established a body corporate to be known as the Canadian Nuclear Safety Commission.

• Marginal note:Agent of Her Majesty

  (2) The Commission is for all its purposes an agent of Her Majesty and may exercise its powers only as an agent of Her Majesty.

Objects

Marginal note:Objects

9 The objects of the Commission are

• (a) to regulate the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information in order to

  • (i) prevent unreasonable risk, to the environment and to the health and safety of persons, associated with that development, production, possession or use,

  • (ii) prevent unreasonable risk to national security associated with that development, production, possession or use, and

  • (iii) achieve conformity with measures of control and international obligations to which Canada has agreed; and

• (b) to disseminate objective scientific, technical and regulatory information to the public concerning the activities of the Commission and the effects, on the environment and on the health and safety of persons, of the development, production, possession and use referred to in paragraph (a).

Members

Marginal note:Constitution

• 10 (1) The Commission consists of not more than seven permanent members to be appointed by the Governor in Council.

• Marginal note:Temporary members

  (2) Notwithstanding subsection (1), the Governor in Council may appoint temporary members of the Commission whenever, in the opinion of the Governor in Council, it is necessary to do so.

• Marginal note:President

  (3) The Governor in Council shall designate one of the permanent members to hold office as President.

• Marginal note:Full- or part-time members

  (4) The President is a full-time member of the Commission and the other members may be appointed as full-time or part-time members.

• Marginal note:Tenure and term of appointment

  (5) Each permanent member holds office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor in Council for cause.

• Marginal note:Temporary members

  (6) Each temporary member holds office during good behaviour for a term not exceeding three years.

• Marginal note:Re-appointment

  (7) A member is eligible to be re-appointed to the Commission in the same or another capacity.

Marginal note:Conflict of interest

• 11 (1) A member shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member’s duties.

• Marginal note:Termination of conflict of interest

  (2) A member who becomes aware that the member is in a conflict of interest contrary to subsection (1) shall, within one hundred and twenty days, terminate the conflict or resign from the Commission.

President

Marginal note:Duties of President

• 12 (1) The President is the chief executive officer of the Commission and has supervision over and direction of the work of the members and officers and employees of the Commission, including the apportionment of work among the members and, where the Commission sits in a panel, the assignment of a member or members to the panel and of a member to preside over the panel.

• Marginal note:Absence, etc. of President

  (2) If the President is absent or incapacitated or if the office of President is vacant, such other member as may be designated by the Commission has all the powers and functions of the President during the absence, incapacity or vacancy, but no person may so act for a period exceeding ninety days without the approval of the Governor in Council.

• Marginal note:Delegation

  (3) The President may delegate any of the powers delegated to the President pursuant to subsection 16(2) or 17(2) to any officer or employee of the Commission.

• Marginal note:Reports

  (4) Subject to the regulations made pursuant to paragraph 44(1)(d), the President shall make such reports to the Minister as the Minister may require concerning the general administration and management of the affairs of the Commission and such of these reports as the Minister may direct shall form part of the report referred to in section 72.

Remuneration and Expenses

Marginal note:Remuneration

13 Each member and each former member to whom subsection 23(2) applies shall be paid such remuneration and allowances as are fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the course of the member’s or former member’s duties under this Act while absent from, in the case of a full-time member or former member, their ordinary place of work and, in the case of a part-time member or former member, their ordinary place of residence.

Meetings

Marginal note:Meetings

• 14 (1) The Commission may meet for the conduct of its affairs at such times and in such places as are established by by-law of the Commission.

• Marginal note:Telephone conferences

  (2) A member may, subject to the by-laws of the Commission, participate in a meeting of the Commission by means of a telephone or other communication device that permits all persons participating in the meeting to hear one another, and a member who participates in a meeting by those means is deemed, for the purposes of this Act, to be present at the meeting.

By-laws

Marginal note:By-laws

15 The Commission may make by-laws respecting the management and conduct of its affairs and to meet its objects and carry out its duties under this Act and may, without limiting the generality of the foregoing, make by-laws

• (a) respecting the calling of meetings of the Commission;

• (b) respecting generally the carrying on of the work of the Commission, including establishing the number of members that constitutes a quorum of the Commission or of a panel of the Commission; and

• (c) determining the procedures to be followed in proceedings other than those for which rules are otherwise prescribed.

Officers, Employees and Contractors

Marginal note:Employment of staff

• 16 (1) The Commission may, notwithstanding any other Act of Parliament, appoint and employ such professional, scientific, technical or other officers or employees as it considers necessary for the purposes of this Act and may establish the terms and conditions of their employment and, in consultation with the Treasury Board, fix their remuneration.

• Marginal note:Delegation to President

  (2) The Commission may delegate to the President any of the powers conferred on it by subsection (1).

• Marginal note:Compensation

  (3) The members, officers and employees of the Commission are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

Marginal note:Technical assistance

• 17 (1) The Commission may enter into contracts for the services of any persons having technical or specialized knowledge of any matter relating to the work of the Commission, to advise and assist the Commission in the exercise or performance of any of its powers, duties or functions under this Act, and those persons shall receive such payment for their services and such expenses as are fixed by the Commission.

• Marginal note:Delegation to President

  (2) The Commission may delegate to the President any of the powers conferred on it by subsection (1).

Civil Liability

Marginal note:Immunity

• 18 (1) No civil proceedings may be brought against any member or other person or authority acting on behalf or under the direction of the Commission for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commission under this Act or for any alleged neglect or default in the execution in good faith of any such power, duty or function.

• Marginal note:Immunity

  (2) No civil proceedings may be brought against any person or authority referred to in subsection 44(8) or (9) for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commission under this Act or for any alleged neglect or default in the execution in good faith of any such power, duty or function.

• Marginal note:Commission not relieved

  (3) Nothing in this section relieves the Commission of liability in respect of a tort or extracontractual civil liability to which the Commission would otherwise be subject.

Directives

Marginal note:Directive of Governor in Council

• 19 (1) The Governor in Council may, by order, issue to the Commission directives of general application on broad policy matters with respect to the objects of the Commission.

• Marginal note:Directives binding

  (2) An order made under this section is binding on the Commission.

• Marginal note:Publication and tabling

  (3) A copy of each order made under this section shall be

  • (a) published in the Canada Gazette; and

  • (b) laid before each House of Parliament.

Powers

Marginal note:Court of record

• 20 (1) The Commission is a court of record.

• Marginal note:Witnesses and records

  (2) The Commission has, with respect to the appearance, summoning and examination of witnesses, the production and inspection of records, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are necessary to carry out the duties of the Commission or to enforce any order, including, without limiting the generality of the foregoing, the power to

  • (a) issue a summons requiring a person

    • (i) to appear at the time and place stated in the summons to give evidence concerning any matter relevant to any subject-matter before the Commission, and

    • (ii) to produce, either before or at a hearing, such records and things as the Commission considers appropriate to the full investigation and consideration of matters within its jurisdiction; and

  • (b) administer oaths and examine any person under oath.

• Marginal note:Informal and expeditious

  (3) All proceedings before the Commission shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit, but, in any case, within the prescribed period of time.

• Marginal note:Not bound by legal rules

  (4) The Commission is not bound by the legal rules of evidence and in particular may

  • (a) receive and accept such evidence and information on oath, by affidavit or otherwise, as in its discretion it considers appropriate; and

  • (b) refuse to accept any evidence that the Commission does not consider relevant or trustworthy.

• Marginal note:Control of subject-matter

  (5) Before conducting a proceeding, the Commission may

  • (a) stay or dismiss an application where the applicant is not in compliance with a term or condition of a licence or of any order made under this Act;

  • (b) determine the issues in respect of which it will receive evidence or hear argument; and

  • (c) exclude from consideration any matter on which it has rendered a decision.

• Marginal note:Control of proceedings

  (6) The Commission may take such measures as it considers necessary to maintain order during proceedings before it and in particular may limit the participation in the proceedings of, or eject from the proceedings, any person who disrupts the proceedings and, where the person is ejected, continue the proceedings in the person’s absence.

• Marginal note:Assistance of peace officers

  (7) A peace officer shall provide such assistance as the Commission or a member of the Commission may request for the purpose of maintaining order during proceedings before the Commission.

• Marginal note:Enforcement of orders of the Commission

  (8) Any decision or order of the Commission may, for the purpose of enforcement, be made a rule, order or decree of the Federal Court or of a superior court of a province and may be enforced in like manner as a rule, order or decree of that court.

• Marginal note:Procedure for enforcement

  (9) To make a decision or order of the Commission a rule, order or decree of the Federal Court or a superior court, the usual practice and procedure of the court in those matters may be followed, or the President may provide to the court a certified copy of the decision or order under the seal of the Commission and thereupon the decision or order becomes a rule, order or decree of the court.

Marginal note:Powers

• 21 (1) The Commission may, in order to attain its objects,

  • (a) enter into arrangements, including an arrangement to provide training, with any person, any department or agency of the Government of Canada or of a province, any regulatory agency or department of a foreign government or any international agency;

  • (b) establish and maintain programs to provide the Commission with scientific, technical and other advice and information;

  • (b.1) establish and maintain a participant funding program to facilitate the participation of the public in proceedings under this Act;

  • (c) establish, and fix the terms of reference of, advisory, standing and other committees;

  • (d) establish and maintain offices and laboratories;

  • (e) disseminate objective scientific, technical and regulatory information to the public concerning the activities of the Commission and the effects, on the environment or on the health or safety of persons, of the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information;

  • (f) provide, under an appropriate security classification, to any department or agency of a foreign government or international agency with which Canada or the Commission has entered into an arrangement for the provision of such information, information relating to the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information including, after obtaining such assurances as it considers necessary to protect any commercial interest, protected commercial information;

  • (g) charge any fees that may be prescribed for any information, product or service that it provides under this Act or for the participant funding program that it establishes and maintains under this Act;

  • (h) certify and decertify prescribed equipment for the purposes of this Act;

  • (i) certify and decertify persons referred to in paragraph 44(1)(k) as qualified to carry out their duties under this Act or the duties of their employment, as the case may be; and

  • (j) authorize the return to work of persons whose dose of radiation has or may have exceeded the prescribed radiation dose limits.

• Marginal note:Refund of fees

  (2) The Commission may, under the prescribed circumstances, refund all or part of any fee referred to in paragraph (1)(g).

• Marginal note:Expenditure of revenue from fees

  (3) The Commission may spend for its purposes the revenue from the fees it charges for licences or classes of licences issued under section 24 in the fiscal year in which the revenues are received or in the next fiscal year.

Panels

Marginal note:Establishment of panels

• 22 (1) The President may establish a panel of the Commission consisting of one or more members and, subject to subsection (3), the panel may, as directed by the President, exercise or perform any or all of the powers, duties and functions of the Commission.

• Marginal note:Act of a panel

  (2) An act of a panel is deemed to be an act of the Commission.

• Marginal note:Exceptions

  (3) A panel may not make by-laws or regulations or review a decision or order of the Commission.

Decision-Making

Marginal note:Decision-making by Commission

• 23 (1) The President or the presiding member shall not vote at a meeting of the Commission or a panel of the Commission, as the case may be, except that the President or presiding member has and shall cast the deciding vote in case of an equal division.

• Marginal note:Member ceasing to hold office

  (2) A person who has ceased to be a member may, with the authorization of the President and for such period as the President may fix, take part in the disposition of any matter in which that person became engaged while holding office as a member, and a person so authorized shall, for that purpose, be deemed to be a member of the Commission.

• Marginal note:Where member unable to act

  (3) Where any member has taken part in a matter and for any reason is unable to take part in the disposition of the matter, the remaining members who took part in the matter may, with the authorization of the President, make the disposition notwithstanding that the quorum may have been lost.

• Marginal note:Where one-member panel unable to act

  (4) Where a panel consists of one member and the member is at any time unable to dispose of a matter that is before the panel, the President may authorize another member to consider and dispose of the matter.

Licences

Marginal note:Licences

• 24 (1) The Commission may establish classes of licences authorizing the licensee to carry on any activity described in any of paragraphs 26(a) to (f) that is specified in the licence for the period that is specified in the licence.

• Marginal note:Application

  (2) The Commission may issue, renew, suspend in whole or in part, amend, revoke or replace a licence, or authorize its transfer, on receipt of an application

  • (a) in the prescribed form;

  • (b) containing the prescribed information and undertakings and accompanied by the prescribed documents; and

  • (c) accompanied by the prescribed fee.

• Marginal note:Refund of fees

  (3) The Commission may, under the prescribed circumstances, refund all or part of any fee referred to in paragraph (2)(c).

• Marginal note:Conditions for issuance, etc.

  (4) No licence shall be issued, renewed, amended or replaced — and no authorization to transfer one given — unless, in the opinion of the Commission, the applicant or, in the case of an application for an authorization to transfer the licence, the transferee

  • (a) is qualified to carry on the activity that the licence will authorize the licensee to carry on; and

  • (b) will, in carrying on that activity, make adequate provision for the protection of the environment, the health and safety of persons and the maintenance of national security and measures required to implement international obligations to which Canada has agreed.

• Marginal note:Terms and conditions of licences

  (5) A licence may contain any term or condition that the Commission considers necessary for the purposes of this Act, including a condition that the applicant provide a financial guarantee in a form that is acceptable to the Commission.

• Marginal note:Application of proceeds of financial guarantee

  (6) The Commission may authorize the application of the proceeds of any financial guarantee referred to in subsection (5) in such manner as it considers appropriate for the purposes of this Act.

• Marginal note:Refund

  (7) The Commission shall grant to any person who provided a financial guarantee under subsection (5) a refund of any of the proceeds of the guarantee that have not been spent and may give the person, in addition to the refund, interest at the prescribed rate in respect of each month or fraction of a month between the time the financial guarantee is provided and the time the refund is granted, calculated on the amount of the refund.

• (8) [Repealed, 2012, c. 19, s. 124]

Marginal note:Renewal, etc.

25 The Commission may, on its own motion, renew, suspend in whole or in part, amend, revoke or replace a licence under the prescribed conditions.

Marginal note:Prohibitions

26 Subject to the regulations, no person shall, except in accordance with a licence,

• (a) possess, transfer, import, export, use or abandon a nuclear substance, prescribed equipment or prescribed information;

• (b) mine, produce, refine, convert, enrich, process, reprocess, package, transport, manage, store or dispose of a nuclear substance;

• (c) produce or service prescribed equipment;

• (d) operate a dosimetry service for the purposes of this Act;

• (e) prepare a site for, construct, operate, modify, decommission or abandon a nuclear facility; or

• (f) construct, operate, decommission or abandon a nuclear-powered vehicle or bring a nuclear-powered vehicle into Canada.

Records and Reports

Marginal note:Records and reports

27 Every licensee and every prescribed person shall

• (a) keep the prescribed records, including a record of the dose of radiation received by or committed to each person who performs duties in connection with any activity that is authorized by this Act or who is present at a place where that activity is carried on, retain those records for the prescribed time and disclose them under the prescribed circumstances; and

• (b) make the prescribed reports and file them in the prescribed manner, including a report on

  • (i) any theft or loss of a nuclear substance, prescribed equipment or prescribed information that is used in carrying on any activity that is authorized by this Act, and

  • (ii) any contravention of this Act in relation to an activity that is authorized by this Act and any measure that has been taken in respect of the contravention.

Analysts and Inspectors

Marginal note:Designation of analysts

28 The Commission may designate as an analyst for the purposes of this Act any person whom the Commission considers qualified.

Marginal note:Designation of inspectors

• 29 (1) The Commission may designate as an inspector for the purposes of this Act any person whom the Commission considers qualified and any person so designated shall be provided with a certificate in the prescribed form certifying the person’s designation.

• Marginal note:Contents of certificate

  (2) The certificate must list any category of place or vehicle that the inspector has been designated to inspect, any condition that must be satisfied by the inspector in conducting an inspection and any restriction on the powers conferred on the inspector, and on entering or inspecting a place or vehicle the inspector shall, if requested, show the certificate to the person in charge of the place or vehicle.

Marginal note:Inspection

• 30 (1) In order to verify compliance with this Act, the regulations, an order or decision made under this Act or a condition of a licence, an inspector may, at any reasonable time and in accordance with the inspector’s certificate, enter and inspect

  • (a) a nuclear facility;

  • (b) a nuclear-powered vehicle or a vehicle that the inspector believes on reasonable grounds is transporting a nuclear reactor, nuclear substance, prescribed equipment or prescribed information; and

  • (c) a vehicle or place in which the inspector believes on reasonable grounds there is a nuclear substance, prescribed equipment, prescribed information or a record that is required by this Act, the regulations, an order or decision made under this Act, or a condition of a licence.

• Marginal note:Dwelling-houses

  (2) In the case of an inspection of a dwelling-house

  • (a) the inspector shall give reasonable notice to the licensee that an inspection is to be carried out;

  • (b) the inspection shall be conducted between the hours of 7:00 a.m. and 9:00 p.m., local time, where the licensee and the inspector cannot agree on a time for the inspection; and

  • (c) the inspection shall be limited to the parts of the dwelling-house in which the nuclear substance, prescribed equipment, prescribed information or record is kept.

• Marginal note:Special circumstances

  (3) An inspector may, at any time, enter and inspect a vehicle or place in which the inspector believes on reasonable grounds that

  • (a) there is contamination by a nuclear substance;

  • (b) a nuclear substance is being used, handled, stored or transported in a manner that may cause an unreasonable risk to the environment or to the health or safety of persons; or

  • (c) a nuclear facility is being operated in a manner or is in a state that may cause an unreasonable risk to the environment or to the health or safety of persons.

Marginal note:Search without warrant

31 For the purposes of ensuring compliance with this Act and the regulations, an inspector may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain a warrant.

Marginal note:Powers of inspectors

32 The measures that an inspector may take, in exercising authority under this Act, include

• (a) using any equipment or causing any equipment to be used;

• (b) taking any measurement;

• (c) carrying out any test on a vehicle or in relation to anything in a vehicle or place that the inspector has been designated to inspect;

• (d) examining any vehicle or place and making or causing to be made a record of anything in any vehicle or place that the inspector has been designated to inspect and removing anything from such a vehicle or place for a reasonable period for the purpose of making a record of it;

• (e) opening or requesting the opening of any receptacle;

• (f) taking and disposing of any sample;

• (g) examining any records that are required to be kept or reports that are required to be made under this Act, or any books, records, electronic data or other documents that the inspector believes on reasonable grounds relate to such records or reports; or

• (h) questioning any person in charge of, found in or having a connection with, any vehicle or place that the inspector has entered, inspected or searched or from which any thing is seized by an inspector.

Marginal note:Inspector may be accompanied

33 While exercising any authority under this Act, an inspector may be accompanied by any other person chosen by the inspector.

Marginal note:Disposal or return of seized property

34 Any thing seized by an inspector in the course of exercising authority under this Act or under a warrant issued under the Criminal Code shall be disposed of or returned to the owner or person in charge of it

• (a) on the order of a court, after all proceedings before the court in respect of an offence under this Act or the regulations in relation to the thing are finally concluded; or

• (b) on the order of the Federal Court, at any time on application by the Commission or the owner or person in charge.

Marginal note:Order of an inspector

• 35 (1) An inspector may order that a licensee take any measure that the inspector considers necessary to protect the environment or the health or safety of persons or to maintain national security or compliance with international obligations to which Canada has agreed.

• Marginal note:Order of an inspector

  (2) Where an inspector enters or inspects any vehicle or place

  • (a) in the circumstances described in paragraph 30(3)(a), the inspector may order that any person evacuate, close, seal, label or take any measures that the inspector considers necessary to decontaminate, the place or vehicle;

  • (b) in the circumstances described in paragraph 30(3)(b), the inspector may order that any person use, handle, store or transport the nuclear substance in a manner that will not cause an unreasonable risk to the environment or to the health or safety of persons;

  • (c) in either of the circumstances described in paragraph 30(3)(c), the inspector may order that any person operate the nuclear facility in a manner or put it in a state that will not cause an unreasonable risk to the environment or to the health or safety of persons; or

  • (d) in the circumstances described in section 31, the inspector may order that any person take any measure that the inspector considers necessary to protect the environment or the health or safety of persons or to maintain national security or compliance with international obligations to which Canada has agreed.

• Marginal note:Review by Commission

  (3) An inspector shall refer any order made under this section to the Commission for review and the Commission shall confirm, amend, revoke or replace the order.

Marginal note:Assistance to inspectors

36 Every owner of a place or vehicle that is entered, inspected or searched or from which any thing is seized by an inspector, every person in charge of or found in such a place and every person with control of or found in such a vehicle shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act.

Designated Officers

Marginal note:Designated officers

• 37 (1) The Commission may designate, by name, title of office or class of persons, any person whom the Commission considers qualified as a designated officer and any officer so designated shall be provided with a certificate setting out the duties that the designated officer is authorized to carry out.

• Marginal note:Duties

  (2) The Commission may authorize a designated officer to

  • (a) certify and decertify prescribed equipment for the purposes of this Act;

  • (b) certify and decertify persons referred to in paragraph 44(1)(k) as qualified to carry out their duties under this Act or the duties of their employment, as the case may be;

  • (c) issue, on receipt of an application referred to in subsection 24(2), a licence of a class established by the Commission;

  • (d) renew, suspend in whole or in part, amend, revoke or replace — or authorize the transfer of — a licence referred to in paragraph (c) on receipt of an application referred to in subsection 24(2);

  • (e) designate any person whom the designated officer considers qualified as an analyst under section 28 or as an inspector under subsection 29(1);

  • (f) make any order that an inspector may make under subsection 35(1) or (2);

  • (g) confirm, amend, revoke or replace any order made by an inspector; or

  • (h) authorize the return to work of persons whose dose of radiation has or may have exceeded the prescribed radiation dose limits.

• Marginal note:Production of certificate of designation

  (3) In carrying out any of the duties referred to in subsection (2), a designated officer shall, if requested, produce the designated officer’s certificate of designation.

• Marginal note:Notice

  (4) A designated officer who refuses to issue, renew, suspend, amend, revoke or replace a licence, or authorize its transfer, shall notify the applicant of the refusal.

• Marginal note:Report to Commission

  (5) A designated officer shall report to the Commission on

  • (a) a refusal by the designated officer to issue, renew, suspend, amend, revoke or replace a licence or authorize its transfer;

  • (b) the issuance by the designated officer of a licence that contains the condition that the applicant provide a financial guarantee referred to in subsection 24(5);

  • (c) a renewal of a licence where the terms or conditions of the licence are amended, or a suspension, amendment, revocation or replacement of a licence, other than an amendment of terms or conditions or a suspension, amendment, revocation or replacement made on the application, or with the consent, of the licensee; and

  • (d) a confirmation, amendment, revocation or replacement of an order under paragraph (2)(g).

• Marginal note:Review of report by Commission

  (6) A designated officer shall refer any order made under paragraph (2)(f) to the Commission for review and the Commission shall confirm, amend, revoke or replace the order.

Procedures for Decisions and Orders

Marginal note:Procedure for certain decisions and orders

38 Every order of an inspector and every order of a designated officer under paragraph 37(2)(f) shall be made, and every measure under paragraph 37(2)(c), (d) or (g) shall be taken, in accordance with the prescribed rules of procedure.

Marginal note:Designated officer to provide opportunity to be heard

• 39 (1) A designated officer shall provide a reasonable opportunity to be heard to

  • (a) the applicant, before refusing to issue a licence under paragraph 37(2)(c);

  • (a.1) the applicant, before refusing to authorize the transfer under paragraph 37(2)(d);

  • (b) the licensee, before renewing, suspending, amending, revoking or replacing a licence or authorizing its transfer, under paragraph 37(2)(d), or before refusing to take any of those actions; and

  • (c) any person named in or subject to the order, before confirming, amending, revoking or replacing an order under paragraph 37(2)(g).

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of a renewal, suspension, amendment, revocation or replacement of a licence on the application of the licensee.

Marginal note:Commission to provide opportunity to be heard

• 40 (1) Subject to subsection (2), the Commission shall provide an opportunity to be heard in accordance with the prescribed rules of procedure to

  • (a) the applicant, before refusing to issue a licence under section 24;

  • (a.1) the applicant, before refusing to authorize its transfer under section 24;

  • (b) the licensee, before renewing, suspending, amending, revoking or replacing a licence, or refusing to renew, suspend, amend, revoke or replace a licence, under section 25;

  • (c) any person named in or subject to the order, before confirming, amending, revoking or replacing an order of an inspector under subsection 35(3);

  • (d) any person named in or subject to the order, before confirming, amending, revoking or replacing an order of a designated officer under subsection 37(6);

  • (e) the applicant, before confirming a decision not to issue a licence or authorize its transfer — and the licensee, before confirming a decision not to renew, amend, revoke or replace a licence or authorize its transfer — under paragraph 43(4)(a);

  • (f) the licensee, before confirming, varying or cancelling a term or condition of a licence under paragraph 43(4)(b);

  • (g) the licensee, before taking any measure under any of paragraphs 43(4)(c) to (f);

  • (h) any person named in or subject to the order, before taking any measure under any of paragraphs 43(4)(g) to (j); and

  • (i) any person named in or subject to the order, before making any other order under this Act.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply

  • (a) in respect of a renewal, suspension, amendment, revocation or replacement of a licence on the application of the licensee; or

  • (b) in respect of an order under subsection 47(1).

• Marginal note:Proceedings on motion of Commission

  (3) Notwithstanding any other provision of this Act, where the Commission is satisfied that it is in the public interest to do so, the Commission may, on its own initiative, conduct proceedings in accordance with the prescribed rules of procedure to determine any matter or thing relating to the purpose of this Act.

• Marginal note:Notice

  (4) On completion of proceedings in respect of which subsection (1) applies and proceedings under subsection (3), the Commission shall give notice of its decision to

  • (a) the applicant, where the proceedings were in relation to an application for a licence;

  • (b) the licensee, where the proceedings were in relation to a licence; or

  • (c) any person named in, or subject to, the order, where the proceedings were in relation to an order.

• Marginal note:Public hearings

  (5) The Commission shall, subject to any by-laws made under section 15 and any regulations made under section 44, hold a public hearing with respect to

  • (a) the proposed exercise by the Commission, or by a panel established under section 22, of the power under subsection 24(2) to issue, renew, suspend, amend, revoke or replace a licence; and

  • (b) any other matter within its jurisdiction under this Act, if the Commission is satisfied that it would be in the public interest to do so.

• Marginal note:Exception

  (6) Subsection (5) does not apply in respect of any matter in relation to which subsection 14(2) applies.

Marginal note:Compliance with order

41 Every person named in, or subject to, an order of the Commission, an inspector or a designated officer shall, whether or not the person has had an opportunity to make representations with respect to the order, comply with the order within the time specified in it or, if no time is specified, immediately.

Marginal note:Liability for costs of measures

• 42 (1) Where the Commission, an inspector or a designated officer makes an order in relation to a nuclear substance, prescribed equipment, prescribed information or a nuclear facility, the person who is in possession of the nuclear substance, prescribed equipment or prescribed information or the owner or person in charge of the nuclear facility at the time the order is made is, without proof of fault or negligence, liable to pay any costs that any other person incurs in complying with the order.

• Marginal note:Indemnity

  (2) Nothing in subsection (1) shall be construed to restrict the owner’s or person’s right of recourse against or indemnity from any other person in respect of the liability.

• Marginal note:Liability under Nuclear Liability and Compensation Act

  (3) Nothing in this section shall be construed as limiting an operator’s liability under the Nuclear Liability and Compensation Act.

Redetermination and Appeal of Decisions and Orders

Marginal note:Appeal to the Commission

• 43 (1) An appeal may be made to the Commission by any person who is directly affected by

  • (a) a refusal of a designated officer to issue, renew, suspend, amend, revoke or replace a licence or authorize its transfer;

  • (b) any term or condition of a licence issued by a designated officer;

  • (c) a renewal, suspension, amendment, revocation or replacement, by a designated officer, of a licence;

  • (c.1) an authorization granted by a designated officer to transfer a licence; or

  • (d) a confirmation, amendment, revocation or replacement, by a designated officer, of an order of an inspector.

• Marginal note:Redetermination by Commission on application

  (2) The Commission shall rehear and redetermine, on the application of

  • (a) the applicant, a decision of the Commission not to issue a licence or authorize its transfer;

  • (b) the licensee, a decision of the Commission not to renew, suspend, amend, revoke or replace a licence or authorize its transfer;

  • (c) the licensee, any term or condition of a licence issued, renewed, suspended or amended by the Commission;

  • (d) the licensee, a suspension, amendment, revocation or replacement, by the Commission, of a licence;

  • (e) any person named in, or subject to, an order of the Commission, the order; or

  • (f) any person named in, or subject to, an order of an inspector or a designated officer, a confirmation, amendment, revocation or replacement, by the Commission, of the order.

• Marginal note:Redetermination by Commission on own initiative

  (3) The Commission may, on its own initiative, redetermine any decision or order made by it or by an inspector or designated officer or any term or condition of a licence.

• Marginal note:Decision

  (4) On considering an appeal or a redetermination, the Commission may hear new evidence or rehear such evidence as it considers necessary and may, in the case of

  • (a) a decision not to issue, renew, amend, revoke, replace a licence or authorize its transfer, confirm the decision or issue, renew, amend, revoke or replace the licence or authorize its transfer;

  • (b) any term or condition of a licence, confirm, vary or cancel the term or condition;

  • (c) an amendment of a licence, confirm, vary or cancel the amendment;

  • (d) a suspension of a licence, confirm, vary the conditions of or cancel the suspension;

  • (e) a revocation of a licence, confirm or cancel the revocation and, where it cancels the revocation, impose any term or condition that it considers necessary for the purposes of this Act;

  • (f) a replacement of a licence, confirm, vary, cancel or replace the replacement;

  • (g) an order or a replacement of an order, confirm, amend, revoke or replace the order or the replacement;

  • (h) a confirmation of an order, reconfirm the order or cancel the confirmation and amend, revoke or replace the order;

  • (i) an amendment of an order, confirm the amendment or cancel the amendment and confirm, amend, revoke or replace the order; or

  • (j) a revocation of an order, confirm the revocation or cancel the revocation and confirm, amend or replace the order.

Regulations

Marginal note:Regulations

• 44 (1) The Commission may, with the approval of the Governor in Council, make regulations

  • (a) respecting the development, production and use of nuclear energy;

  • (b) respecting the mining, production, refinement, conversion, enrichment, processing, reprocessing, possession, import, export, use, packaging, transport, management, storage, disposal and abandonment of a nuclear substance;

  • (c) respecting the design, inspection during production or installation, production, possession, storage, import, export, use, decommissioning, abandonment and disposal of prescribed equipment;

  • (d) respecting the production, possession, transfer, storage, import, export, use and disclosure, and restricting the disclosure, of prescribed information;

  • (e) respecting the location, design, construction, installation, operation, maintenance, modification, decommissioning, abandonment and disposal of a nuclear facility or part of a nuclear facility;

  • (f) respecting the protection of the environment and the health and safety of persons from any risks associated with the activities referred to in paragraphs (a), (b), (c) and (e);

  • (g) respecting doses of radiation, including

    • (i) establishing classes of persons and prescribing, in respect of each class, the radiation dose limits to which members of that class may be exposed,

    • (ii) prescribing the circumstances under which any or all members of a class of persons may be exposed to a dose of radiation exceeding any of the limits prescribed for that class of persons, and

    • (iii) establishing measures to protect persons from exposure to radiation;

  • (h) respecting the protection of nuclear energy workers, including prescribing

    • (i) the duties that may be performed by a person employed in a nuclear facility or other place in which a nuclear substance is produced, used, possessed, packaged, transported, stored or disposed of and the manner and circumstances in which the person’s terms and conditions of employment may be varied,

    • (ii) the information that a person so employed is required to provide to their employer or to a dosimetry service in order to measure and monitor the dose of radiation to which the person is exposed,

    • (iii) medical examinations or tests and the circumstances under which they are to be conducted on persons so employed, and

    • (iv) the measures that must be undertaken by employers of persons so employed and licensees of such a nuclear facility or other place;

  • (i) prescribing the fees that may be charged for the provision, by the Commission, of information, products and services or for the participant funding program that it establishes and maintains;

  • (j) prescribing the fees or the method of calculating the fees that may be charged for a licence or class of licence;

  • (k) respecting the qualifications for, and the training and examination of, analysts, inspectors, nuclear energy workers and other persons employed in a nuclear facility or other place where a nuclear substance or prescribed equipment is produced, used, possessed, packaged, transported, stored or disposed of, and prescribing the fees for the examination of analysts, inspectors, nuclear energy workers and such other persons;

  • (l) respecting the procedures and prescribing the fees for the certification and decertification of persons referred to in paragraph (k);

  • (m) respecting measures to ensure the maintenance of national security and compliance with Canada’s international obligations in the development, production and use of nuclear energy and the production, use, possession, packaging, transport, storage and disposal of nuclear substances, prescribed equipment and prescribed information;

  • (n) respecting measures to implement Canada’s international obligations regarding the development, production and use of nuclear energy, including prescribing the manner in which and conditions under which access to a nuclear facility, nuclear substance or prescribed information shall be granted to prescribed persons;

  • (o) establishing requirements to be complied with by any person who possesses, uses, packages, transports, stores or disposes of a nuclear substance or prescribed equipment or who locates, designs, constructs, installs, operates, maintains, modifies, decommissions or abandons a nuclear facility or nuclear-powered vehicle;

  • (p) respecting the form of certificates of inspectors and designated officers;

  • (q) respecting the procedure for certification and decertification of prescribed equipment;

  • (r) establishing classes of nuclear facilities;

  • (s) respecting the operation of a dosimetry service;

  • (t) respecting the form of notices required by this Act and the manner in which they are to be given;

  • (u) respecting the exemption of any activity, person, class of person or quantity of a nuclear substance, temporarily or permanently, from the application of this Act or the regulations or any provision thereof;

  • (u.1) designating as a violation that may be proceeded with in accordance with this Act

    • (i) the contravention of any specified provision of this Act or of any of its regulations,

    • (ii) the contravention of any order or decision, or of any order or decision of any specified class of orders or decisions, made under this Act, or

    • (iii) the failure to comply with any term or condition of a licence, or any term or condition of any specified class of licences;

  • (u.2) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;

  • (u.3) respecting the service of documents required or authorized under section 65.05, 65.1 or 65.13, including the manner and proof of service and the circumstances under which documents are deemed to be served;

  • (v) prescribing anything that by this Act is to be prescribed; and

  • (w) generally as the Commission considers necessary for carrying out the purposes of this Act and to assist the Commission in attaining its objects.

• Marginal note:Amount not to exceed cost

  (2) The fees referred to in paragraph (1)(i) may not exceed a reasonable estimate of the cost of providing the information, product or service or of the costs of the participant funding program.

• Marginal note:Amount not to exceed cost

  (3) The fee referred to in paragraph (1)(j) for a licence or class of licence may not exceed a reasonable estimate of the cost of the Commission’s regulatory activities related to that licence or class of licence.

• Marginal note:Incorporation of standards

  (4) Regulations made under paragraph (1)(o) incorporating a standard by reference may incorporate the standard as amended to a certain date or from time to time.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations generally as the Governor in Council considers necessary for carrying out the purposes of this Act.

• Marginal note:Incorporation of provincial law

  (6) Any regulation made under subsection (1) or (5) incorporating by reference in whole or in part an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time.

• Marginal note:Application of regulations

  (7) Regulations referred to in subsection (6) may apply

  • (a) generally, in respect of all works and undertakings described in section 71;

  • (b) in respect of a particular work or undertaking or class or classes of work or undertaking referred to in that section; or

  • (c) in respect of any class or classes of persons who are employed in connection with a work or undertaking described in paragraph (a) or (b).

• Marginal note:Administration

  (8) A regulation made under subsection (1) incorporating an Act or instrument shall, with the consent of the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration of the Act or instrument.

• Marginal note:Administration

  (9) A regulation made under subsection (5) incorporating an Act or instrument shall, with the consent of the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration of the Act or instrument.

• Marginal note:Offence and penalty

  (10) Notwithstanding section 51, every person who contravenes a regulation made under subsection (1) or (5) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such Act that, is incorporated by the regulation is guilty of an offence against this Act and is liable to the same punishment as is imposed by or under any Act of that legislature for the contravention of that provision.

• Marginal note:Procedure

  (11) The prosecution of a contravention described in subsection (10) shall be commenced by the Attorney General of the province in which the offence was committed.

• Marginal note:Publication of proposed regulations

  (12) A copy of each regulation that the Commission proposes to make under paragraph (1)(i) or (j) shall be published in the Canada Gazette and a reasonable opportunity shall be given to persons to make representations to the Commission with respect thereto.

• Marginal note:Restriction — amount of penalty

  (13) The amount that may be determined under any regulations made under paragraph (1)(u.2) as the penalty for a violation shall not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person.

Exceptional Powers

Marginal note:Notification of contamination, etc.

45 Every person who, on reasonable grounds, believes that

• (a) a place or vehicle is contaminated, in excess of the prescribed limit, by a radioactive nuclear substance, or

• (b) an event has occurred that is likely to result in the exposure of persons or the environment to a dose of radiation in excess of the prescribed limits,

shall immediately notify the Commission or an appropriate authority of the location and circumstances of the contamination or event.

Marginal note:Contaminated land

• 46 (1) Where the Commission believes, on reasonable grounds, that there is contamination in excess of the prescribed limit by a radioactive nuclear substance at any place, the Commission may conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination has occurred.

• Marginal note:Notice of contamination

  (2) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission shall file a notice of contamination in the land registry office or other office where title to land is recorded for the area in which the place is located, or in any other prescribed public office.

• Marginal note:Measures

  (3) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission may, in addition to filing a notice under subsection (2), order that the owner or occupant of, or any other person who has the management and control of, the affected land or place take the prescribed measures to reduce the level of contamination.

• Marginal note:Hearing re cancellation

  (4) Where the Commission believes on reasonable grounds that there is no longer contamination referred to in subsection (1) at a place with respect to which a notice has been filed under subsection (2), the Commission shall conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination is no longer present.

• Marginal note:Notice of cancellation

  (5) Where, after conducting a hearing under subsection (4), the Commission is satisfied that the contamination is no longer present, the Commission shall file a notice of cancellation wherever a notice of contamination in relation to the place was filed.

• Marginal note:Notice of determination

  (6) A notice of contamination or cancellation is to be filed following a hearing under this section and, before such filing, the Commission shall give notice in the prescribed manner to the owner or occupant of the affected land and any other prescribed person of the Commission’s determination.

• Marginal note:Notice of order

  (7) The Commission shall give notice in the prescribed manner of an order made under subsection (3) to any person named in or subject to the order.

Marginal note:Emergency orders

• 47 (1) Notwithstanding any other provision of this Act, in case of emergency the Commission may, without conducting any proceedings, make any order that it considers necessary to protect the environment or the health and safety of persons or to maintain national security and compliance with Canada’s international obligations.

• Marginal note:Notice

  (2) The Commission shall, as soon as practicable after making an order under subsection (1), give notice of it in the prescribed manner.

Offences and Punishment

Marginal note:Offence

48 Every person commits an offence who

• (a) alters, otherwise than pursuant to the regulations or a licence, or misuses any thing the purpose of which is to

  • (i) protect the environment or the health or safety of persons from any risk associated with the development, production or use of nuclear energy or the possession or use of a nuclear substance, prescribed equipment or prescribed information, or

  • (ii) maintain national security or implement international obligations to which Canada has agreed, at a nuclear facility or at a place where, or vehicle in which, a nuclear substance is located;

• (b) discloses prescribed information, except pursuant to the regulations;

• (c) fails to comply with any condition of a licence;

• (d) knowingly makes a false or misleading written or oral statement to the Commission, a designated officer or an inspector;

• (e) fails to comply with an order of the Commission, a designated officer or an inspector;

• (f) fails to assist or give information to an inspector when requested to do so, or otherwise interferes with the performance of an inspector’s duties;

• (g) takes disciplinary action against a person who assists or gives information to an inspector, a designated officer or the Commission in the performance of the person’s functions or duties under this Act;

• (h) except in the prescribed manner and circumstances, terminates, or varies the terms and conditions of, employment of a nuclear energy worker who has received or is committed to a dose of radiation in excess of the prescribed limits;

• (i) falsifies a record kept pursuant to this Act or the regulations or to a condition of a licence;

• (j) fails to comply with an order made under any of sections 58 to 62; or

• (k) fails to comply with this Act or any regulation made pursuant to this Act.

Marginal note:Offence re security at nuclear facility

49 Notwithstanding the occurrence of a legal strike or lockout, every person commits an offence who

• (a) while in charge of a nuclear facility, fails to ensure that there is present in that facility at all times the staff required, under the licence for that facility, to maintain that facility in a safe condition; or

• (b) does not report for duty at a nuclear facility or who, while on duty at a nuclear facility, withdraws their services, except where the person is not required to report or is relieved in accordance with a procedure set out in the licence for that facility.

Marginal note:Offence to possess certain nuclear substances, etc.

50 Every person commits an offence who, except as authorized by this Act, possesses a nuclear substance, prescribed equipment or prescribed information that is capable of being used to produce a nuclear weapon or a nuclear explosive device.

Marginal note:Punishment

• 51 (1) Every person who contravenes section 36 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

• Marginal note:Punishment

  (2) Every person who commits an offence under section 50 is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

• Marginal note:Punishment

  (3) Every person who commits an offence other than an offence in respect of which subsection (1) or (2) applies

  • (a) is guilty of an indictable offence and liable to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or

  • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $500,000 or to imprisonment for a term not exceeding eighteen months or to both.

Marginal note:Defence

51.1 A person shall not be found to have contravened any provision of this Act, other than section 50, if it is established that the person exercised all due diligence to prevent its commission.

Marginal note:Continuing offence

52 Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which it is committed or continued.

Marginal note:Limitation

53 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted not later than two years after the time when the subject-matter of the proceedings arose or the Commission became aware of the subject-matter of the proceedings.

54 [Repealed, 2001, c. 26, s. 314]

Marginal note:Evidence by certificate

• 55 (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or tested a substance or product and stating the result of the analysis or test, or a copy or extract of a certificate certified as such by an inspector or designated officer is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the analyst, inspector or designated officer and is proof of the statements contained in the certificate.

• Marginal note:Attendance

  (2) Any party against whom a certificate, copy or extract referred to in subsection (1) is produced may, with leave of the court, require the attendance of the analyst, inspector or designated officer, as the case may be, for the purposes of cross-examination.

• Marginal note:Notice

  (3) No certificate, copy or extract shall be received in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

Marginal note:Offence outside Canada

56 Every licensee who resides or carries on business in Canada and commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under paragraph 48(c) or under paragraph 48(i) in relation to its licence, is deemed to have committed that act or omission in Canada.

Marginal note:Trial of offence

57 A prosecution for an offence under this Act may be instituted, heard and determined in the place where the offence was committed, the subject-matter of the prosecution arose, the accused is resident or the accused is carrying on business.

Marginal note:Absolute or conditional discharge

• 58 (1) Where an offender has pleaded guilty to or been found guilty of an offence under this Act, the court may, instead of convicting the offender, order that the offender be discharged absolutely or on conditions that have any or all of the effects described in paragraphs 60(1)(a) to (j).

• Marginal note:Application by prosecutor

  (2) Where an offender contravenes an order made under subsection (1) or is convicted of any other offence under this Act that is committed after the order under subsection (1) was made, the prosecutor may apply to the court to revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time the order was made.

Marginal note:Suspended sentence

• 59 (1) Where an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may order that the accused comply with any condition having any or all of the effects described in paragraphs 60(1)(a) to (j).

• Marginal note:Application by prosecutor

  (2) Where the offender contravenes an order made under subsection (1) or is convicted of any other offence under this Act that is committed after the order under subsection (1) was made, the prosecutor may apply to the court to impose any sentence that could have been imposed if the passing of sentence had not been suspended.

Marginal note:Orders of court

• 60 (1) Where an offender has been convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, the court may make an order having any or all of the following effects:

  • (a) prohibiting the offender from committing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) directing the offender to take any measure that the court considers appropriate to protect the environment or the health or safety of persons from harm resulting from the act or omission that constituted the offence, or to remedy such harm;

  • (c) directing the offender to publish, in the prescribed manner and at the offender’s own expense, the facts relating to the conviction;

  • (d) directing the offender to notify, in the prescribed manner and at the offender’s own expense, any person who is affected by the offender’s conduct, of the facts relating to the conviction;

  • (e) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any order, prohibition, direction or requirement provided for in this subsection;

  • (f) directing the offender to submit to the Commission, on application to the court by the Commission made within three years after the date of conviction, such information with respect to the activities of the offender as the court considers appropriate in the circumstances;

  • (g) directing the offender to compensate the Commission, in whole or in part, for the cost of any remedial or preventive measure taken by or caused to be taken on behalf of the Commission as a result of the act or omission that constituted the offence;

  • (h) directing the offender to perform community service, subject to such reasonable conditions as may be imposed by the court on the recommendation of the Commission;

  • (i) directing the offender to pay an amount for the purposes of conducting research into the use and disposal of any nuclear substance, prescribed equipment or nuclear facility in respect of which the offence was committed; or

  • (j) requiring the offender to comply with such other conditions as the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing any other offence under this Act.

• Marginal note:Coming into force and duration of order or condition

  (2) An order made under subsection (1), 58(1) or 59(1) shall come into force on the day on which the order is made or on such other day as the court may determine and shall not continue in force for more than three years after that day.

Marginal note:Additional fine

61 Where a person has been convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, monetary benefits accrued to the person, the court may order the person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits.

Marginal note:Compensation for loss of property

• 62 (1) Where an offender has been convicted of an offence under this Act, in addition to any sentence imposed, the court may, at the time sentence is imposed and on the application of any person who has suffered loss of, or damage to, property, as a result of the commission of the offence, order the offender to pay to that person, within such period as the court considers reasonable, an amount of compensation for the loss or damage.

• Marginal note:Enforcement

  (2) Where an amount that is ordered to be paid under subsection (1) is not paid within the period specified, the applicant may, by filing the order in the superior court of the province in which the trial was held, enter the amount ordered to be paid as a judgment, and such a judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

Marginal note:Variation of sanctions

• 63 (1) Where a court has made an order under section 58, 59 or 60 in relation to an offender, the court may, on application by the offender or the Attorney General of Canada, require the offender to appear before the court and, after hearing the offender and the Attorney General, may vary the order in one or any combination of the following ways that is applicable and, in the opinion of the court, is rendered desirable by a change in the circumstances of the offender since the order was made, namely,

  • (a) make changes in the order or the conditions specified in the order or extend the period for which the order is to remain in force for such period, not exceeding one year, as the court considers desirable; or

  • (b) decrease the period for which the order is to remain in force or relieve the offender, either absolutely or partially or for such period as the court considers desirable, of compliance with any condition that is specified in the order.

• Marginal note:Notice

  (2) Before varying an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested in the order and may hear any or all of those persons.

• Marginal note:Subsequent applications with leave

  (3) Where an application made under subsection (1) in respect of an offender has been heard by a court, no other application may be made with respect to the order except with leave of the court.

Marginal note:Application of Nuclear Liability and Compensation Act

64 Nothing in section 58, 59, 60, 62 or 63 shall be construed as restricting

• (a) any right, obligation or liability of any person arising under the Nuclear Liability and Compensation Act; or

• (b) the jurisdiction of a nuclear claims tribunal established under the Nuclear Liability and Compensation Act.

Marginal note:Publication

• 65 (1) Where an offender is required by an order made under section 58, 59 or 60 to comply with a condition having the effect described in paragraph 60(1)(c) and the offender fails to comply with the condition, the Commission may publish the facts in the manner referred to in that paragraph and may recover the costs of publication from the offender.

• Marginal note:Debt due to Her Majesty

  (2) Where the Commission incurs publication costs under subsection (1) or an offender is required by an order made under section 58, 59 or 60 to comply with a condition having the effect described in paragraph 60(1)(g), the costs and any interest thereon constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or in any manner provided for by law.

Administrative Monetary Penalties

Commission’s Powers

Marginal note:Powers

65.01 The Commission may

• (a) establish the form of notices of violation;

• (b) designate inspectors, or designated officers, who are authorized to issue notices of violation;

• (c) establish, in respect of each violation, a short-form description to be used in notices of violation; and

• (d) designate designated officers to conduct reviews under section 65.13.

Violations

Marginal note:Commission of violation

• 65.02 (1) Every person who contravenes or fails to comply with a provision, order, decision, term or condition designated under paragraph 44(1)(u.1) commits a violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations.

• Marginal note:Purpose of penalty

  (2) The purpose of the penalty is to promote compliance with this Act and not to punish.

Marginal note:Liability of directors, officers, etc.

65.03 If a corporation commits a violation, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.

Marginal note:Proof of violation

65.04 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee, or agent or mandatary, of the person whether or not the employee, agent or mandatary is identified or proceeded against in accordance with this Act.

Marginal note:Issuance and service of notice of violation

• 65.05 (1) If a person designated under paragraph 65.01(b) believes on reasonable grounds that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person.

• Marginal note:Contents

  (2) The notice of violation must

  • (a) name the person that is believed to have committed the violation;

  • (b) set out the relevant facts surrounding the violation;

  • (c) set out the amount of the penalty for the violation;

  • (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the prescribed period within which that right must be exercised;

  • (e) inform the person of the manner of paying the penalty set out in the notice; and

  • (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice.

Rules About Violations

Marginal note:Certain defences not available

• 65.06 (1) A person named in a notice of violation does not have a defence by reason that the person

  • (a) exercised due diligence to prevent the commission of the violation; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Continuing violation

65.07 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

Marginal note:Violation or offence

• 65.08 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.

• Marginal note:Violations not offences

  (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

Marginal note:Limitation or prescription period

65.09 No notice of violation in respect of a violation shall be issued more than two years after the day on which the subject matter of the violation arises.

Reviews

Marginal note:Right to request review

65.1 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Commission allows, make a request to the Commission for a review of the amount of the penalty or the facts of the violation, or both.

Marginal note:Correction or cancellation of notice of violation

65.11 At any time before a request for a review in respect of a notice of violation is received by the Commission, a person designated under paragraph 65.01(b) may cancel the notice of violation or correct an error in it.

Marginal note:Review

• 65.12 (1) On receipt of a request made under section 65.1, the Commission shall conduct the review or cause the review to be conducted by a designated officer.

• Marginal note:Restriction

  (2) If the notice of violation was issued by a designated officer, the Commission shall conduct the review.

Marginal note:Review by designated officer

• 65.13 (1) If a review is conducted by a designated officer, the designated officer shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.

• Marginal note:Determination

  (2) The designated officer shall render his or her determination in writing and cause the person who requested the review to be served with a copy of the determination and reasons.

• Marginal note:Correction of penalty

  (3) If the designated officer determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the designated officer shall correct the amount of the penalty.

• Marginal note:Responsibility

  (4) If the designated officer determines that the person who requested the review committed the violation, the person is liable to the penalty as set out in the determination.

• Marginal note:Request for review by Commission

  (5) A person on whom a copy of a determination of a review is served may, within 30 days after the day on which it is served, or within any longer period that the Commission allows, make a request to the Commission for a review by the Commission of the amount of the penalty or the facts of the violation, or both.

Marginal note:Review by Commission

• 65.14 (1) If a review is conducted by the Commission, the Commission shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.

• Marginal note:Determination

  (2) The Commission shall render its determination in writing and cause the person who requested the review to be served with a copy of the determination and reasons.

• Marginal note:Correction of penalty

  (3) If the Commission determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Commission shall correct the amount of the penalty.

• Marginal note:Responsibility

  (4) If the Commission determines that the person who requested the review committed the violation, the person is liable to the penalty as set out in the determination.

• Marginal note:Determination final

  (5) Despite subsection 43(3), a determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

Marginal note:Burden of proof

65.15 If the facts of a violation are reviewed under section 65.13 or 65.14, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

Responsibility

Marginal note:Payment

65.16 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

Marginal note:Failure to act

65.17 A person that neither pays the penalty imposed under this Act nor requests a review in the prescribed period is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Marginal note:Debts to Her Majesty

• 65.18 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

• Marginal note:Limitation or prescription period

  (2) No proceedings to recover the debt shall be instituted more than five years after the day on which the debt becomes payable.

Marginal note:Certificate

• 65.19 (1) The Commission may issue a certificate certifying the unpaid amount of any debt referred to in subsection 65.18(1).

• Marginal note:Registration in Federal Court

  (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

Marginal note:Admissibility of documents

65.2 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 65.05(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Marginal note:Publication

65.21 The Commission may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

General

Marginal note:Oath or affirmation of fidelity and secrecy

66 Every member, every officer and employee of the Commission and every person acting on behalf or under the direction of the Commission shall, before acting as such, take before a justice of the peace or a commissioner for taking affidavits the following oath or affirmation of fidelity and secrecy:

I, .........., do solemnly swear (or affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member (or officer or employee or person acting on behalf or under the direction, as the case may be), of the Canadian Nuclear Safety Commission.

I further solemnly swear (or affirm) that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the Commission nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the Commission and relating to its business.

Marginal note:Application of Financial Administration Act

67 Subject to this Act and the regulations, the Financial Administration Act applies in respect of the Commission.

Marginal note:Expenses

68 The Commission may expend, administer, use or dispose of any money or other property acquired by gift, bequest, donation and the like, subject to the terms, if any, on which the money or other property was given, bequeathed, donated or otherwise made available to the Commission.

Marginal note:Audit

68.1 The accounts and financial transactions of the Commission shall be audited annually by the Auditor General of Canada and a report of the audit shall be made to the Commission and to the Minister.

Marginal note:Non-application of Statutory Instruments Act

69 A decision or order made under this Act, other than an order made under section 19, is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Unpaid fees

70 The amount of any fee imposed on a person under this Act and any interest thereon is a debt due to Her Majesty in right of Canada and may be recovered as such from the person on whom it was imposed in any court of competent jurisdiction.

Marginal note:Works and undertakings

71 Any work or undertaking constructed for the development, production or use of nuclear energy or for the mining, production, refinement, conversion, enrichment, processing, reprocessing, possession or use of a nuclear substance or for the production, possession or use of prescribed equipment or prescribed information is declared to be a work or undertaking for the general advantage of Canada.

Marginal note:Annual report

72 The Commission shall, within four months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission under this Act for that fiscal year, and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after receiving it.

Transitional Provisions

Marginal note:Definitions

73 The definitions in this section apply in this section and sections 74 to 80.

Board

Board means the Atomic Energy Control Board established by section 3 of the Atomic Energy Control Act, as that section read immediately before the commencement day. (ancienne commission)

commencement day

commencement day means the day on which this Act comes into force. (date d’entrée en vigueur)

Marginal note:Board dissolved

74 The Board is hereby dissolved.

Marginal note:President of Commission

75 The person who holds the office of President of the Board immediately before the commencement day continues in office as the President of the Commission for the remainder of the term for which that person was appointed President.

Marginal note:Other members of Commission

76 Each person who holds office as a member of the Board immediately before the commencement day continues in office as a member of the Commission for the remainder of the term for which the person was appointed.

Marginal note:Rights and obligations transferred

• 77 (1) All rights and property of Her Majesty in right of Canada that are under the administration and control of the Board and all obligations and liabilities of the Board are hereby transferred to the Commission.

• Marginal note:References

  (2) Every reference to the Board in a deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to the Commission.

• Marginal note:Closing out affairs

  (3) The Minister may do and perform all acts and things necessary for or incidental to closing out the affairs of the Board.

Marginal note:Commencement of legal proceedings

• 78 (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Board, or in the closing out of the affairs of the Board, may be brought against the Commission in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board.

• Marginal note:Continuation of legal proceedings

  (2) Any action, suit or other legal proceeding to which the Board is party pending in any court immediately before the commencement day may, on that day, be continued by or against the Commission in the like manner and to the same extent as it could have been continued by or against the Board.

• Marginal note:Pending proceedings

  (3) Proceedings pending before the Board immediately before the commencement day shall be taken up and continued before the Commission under and in accordance with this Act.

Marginal note:Transfer of staff

• 79 (1) Every person who, immediately before the commencement day, was an officer or employee of the Board becomes, on that day, an officer or employee, as the case may be, of the Commission.

• Marginal note:Deemed appointment

  (2) Every person to whom subsection (1) applies shall be deemed to have been appointed in accordance with subsection 16(1).

• Marginal note:No severance pay

  (3) For greater certainty, nothing in subsection (1) shall be construed as entitling any person to severance pay.

• Marginal note:Period of service

  (4) A person to whom subsection (1) applies shall be deemed, while an officer or employee of the Board, to have been employed in the Public Service for the purpose of determining the person’s entitlement to leave or any other employment benefit.

Marginal note:Licences

80 A licence that is issued pursuant to regulations made under paragraph 9(b) of the Atomic Energy Control Act and that is in force immediately before the commencement day is deemed to have been issued under section 24 of this Act and to be in force for the remainder of the period for which it was issued under the Atomic Energy Control Act and any fees paid or payable under the AECB Cost Recovery Fees Regulations, 1996 in respect of such a licence are deemed to be paid or payable, as the case may be, under this Act.

Marginal note:Certificates, etc.

81 A certificate, approval, endorsement, authorization, designation, permit or specification issued pursuant to the Atomic Energy Control Act or any regulation made under that Act is deemed to have been issued pursuant to regulations made under this Act and to be in force for the remainder of the period for which it was issued under that Act or those regulations.

82 [Repealed, 2015, c. 4, s. 126]

Consequential Amendments

83 to 105 [Amendments]

106 [Repealed, 1997, c. 9, s. 125]

107 to 123 [Amendments]

Conditional Amendments

124 [Repealed, 2005, c. 22, s. 62]

125 and 126 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*127 This Act comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force May 31, 2000, see SI/2000-42.]