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

Act current to 2018-07-05 and last amended on 2017-01-01. Previous Versions

Objects

Marginal note: Objects

 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
  •  (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.

  • 1997, c. 9, s. 10;
  • 2012, c. 19, s. 123.
Marginal note:Conflict of interest
  •  (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
  •  (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

 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
  •  (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

 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
  •  (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.

  • 1997, c. 9, s. 16;
  • 2002, c. 17, s. 22;
  • 2003, c. 22, s. 224(E).
Marginal note:Technical assistance
  •  (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).

  • 1997, c. 9, s. 17;
  • 2002, c. 17, s. 23.

Civil Liability

Marginal note:Immunity
  •  (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.

 
Date modified: