Packaging and Transport of Nuclear Substances Regulations (SOR/2000-208)

Regulations are current to 2014-11-11 and last amended on 2011-12-02. Previous Versions

Refusal to Certify

  •  (1) The Commission or a designated officer authorized under paragraph 37(2)(a) of the Act shall notify a person who has applied for the certification of a package design, a design for special form radioactive material or a design for low dispersible radioactive material of a proposed decision not to certify the design, as well as the basis for the proposed decision, at least 30 days before refusing to certify it.

  • (2) The notice shall include a description of the person’s right to be provided with an opportunity to be heard in accordance with the procedure referred to in section 10.

  • SOR/2003-405, s. 10.

Decertification

  •  (1) The Commission or a designated officer authorized under paragraph 37(2)(a) of the Act shall notify a person to whom a certificate for a package design, a design for special form radioactive material or a design for low dispersible radioactive material has been issued and, in the case of a certificate for a package design, any registered user of a package of that design, of a proposed decision to decertify the design, as well as the basis for the proposed decision, at least 30 days before decertifying it.

  • (2) The notice shall include a description of the person’s and the registered user’s right to be provided with an opportunity to be heard in accordance with the procedure referred to in section 10.

  • SOR/2003-405, s. 11.

Opportunity To Be Heard

  •  (1) Where a person referred to in section 8 or 9 or a registered user referred to in section 9 has received a notice and has requested, within 30 days after the date of receipt of the notice, an opportunity to be heard either orally or in writing, the person or the registered user shall be provided with such an opportunity in accordance with the request.

  • (2) On completion of a hearing held in accordance with subsection (1), every person and registered user who was notified in accordance with section 8 or 9 shall be notified of the decision and the reasons for it.

  • (3) Where neither a person referred to in section 8 or 9 nor a registered user referred to in section 9 requests an opportunity to be heard within the period referred to in subsection (1), they shall be notified of the decision and the reasons for it.

PACKAGES, SPECIAL FORM RADIOACTIVE MATERIAL, LOW DISPERSIBLE RADIOACTIVE MATERIAL AND PACKAGING

[SOR/2003-405, s. 12]

Production of Packages

  •  (1) No person shall produce a package of a certified design unless it is produced in accordance with the specifications set out in the certificate.

  • (2) Every person who produces a package of a certified design shall clearly mark the package with the certificate number, design number and serial number.

Production or Possession of Special Form Radioactive Material and Low Dispersible Radioactive Material

[SOR/2003-405, s. 13]
  •  (1) No person shall produce special form radioactive material unless

    • (a) it is of a certified design; and

    • (b) it is produced in accordance with the specifications set out in the certificate.

  • (2) Every person who produces special form radioactive material shall identify it by marking it, or any source holder to which it is permanently attached, in a legible and durable manner.

  • (3) No person shall possess special form radioactive material unless

    • (a) it is of a certified design; or

    • (b) it has been approved by a foreign competent authority in accordance with the applicable process specified in the IAEA Regulations.

  • (4) Every person who produces or possesses special form radioactive material approved under the 1973, 1973 (As Amended), 1985 or 1985 (As Amended 1990) Editions of the IAEA Regulations shall act in accordance with paragraph 818 of the IAEA Regulations.

  • (5) No person shall produce low dispersible radioactive material unless

    • (a) it is of a certified design; and

    • (b) it is produced in accordance with the specifications set out in the certificate.

  • (6) Every person who produces low dispersible radioactive material shall identify it by marking it in a legible and durable manner.

  • (7) No person shall possess low dispersible radioactive material unless it is of a certified design.

  • SOR/2003-405, s. 14.