Canadian Nuclear Safety Commission Rules of Procedure (SOR/2000-211)

Regulations are current to 2016-08-01 and last amended on 2007-09-18. Previous Versions

Notice

 Information that is not given in accordance with these Rules is considered to have been properly given where it is shown that the information or its substance came, within the required time limit, to the attention of the person to whom it was to be given.

Official Languages

  •  (1) Subject to subrule (2), all documents given to the Commission or a designated officer must be in at least one official language.

  • (2) A person may give a document in a language other than an official language if, at the same time, the person gives a translation of the document in at least one official language, and an affidavit of the translator attesting to the accuracy of the translation.

  • (3) Where the original of a document referred to in subrule (2) is required to be served, the translation and affidavit must also be served, and at the same time as the service of the original document.

Confidentiality

  •  (1) Subject to subrule (2), in any proceeding, the Commission or a designated officer, as the case may be, may take measures referred to in subrule (3) to protect information if

    • (a) the information involves national or nuclear security;

    • (b) the information is confidential information of a financial, commercial, scientific, technical, personal or other nature that is treated consistently as confidential and the person affected has not consented to the disclosure; or

    • (c) disclosure of the information is likely to endanger the life, liberty or security of a person.

  • (2) The Commission or the designated officer may take the measures referred to in subrule (3) if

    • (a) protection of the information outweighs in importance the public interest in public hearings and disclosure of evidence; and

    • (b) the measures are designed so as not to affect the public nature of the proceeding except to the extent necessary to adequately protect the information.

  • (3) The measures that the Commission or designated officer may take include requiring that

    • (a) the proceeding or part of the proceeding take place in private, to the exclusion of members of the public, other than the parties and their counsel or agent;

    • (b) the publication of information given to the Commission or designated officer be restricted or prohibited; and

    • (c) the disclosure of information given or received by the Commission or designated officer be prohibited or restricted to some or all of the parties and intervenors, or their counsel or agent, if any.

  • SOR/2007-208, s. 28.

Summonses

  •  (1) In the case of a public hearing that is conducted by the Commission, a participant may request the Commission to issue a summons by submitting a request in writing before the start of the hearing or an oral request at the hearing, but in any case as soon as the circumstances giving rise to the request become known to the participant.

  • (2) The request for a summons shall set out

    • (a) the reasons for the summons;

    • (b) how any information, record or thing to be produced by the person to be summoned is relevant to the matter; and

    • (c) why the person to be summoned is the appropriate person to produce the information, record or thing.

  • (3) A summons shall be served directly on the person to be summoned at least seven days before the day on which the person is required to attend the public hearing.

  • (4) A person who has been summoned to a public hearing shall attend at the time and day specified and every day of the hearing, unless the Commission directs that the person must only attend on certain days, or that the presence of the person is no longer required.

  • (5) Where a public hearing is adjourned and the day for its reconvening is not disclosed at the time of the adjournment, the Commission must notify the person who is under summons of the date of the reconvening

    • (a) at least five days before the person summoned is to re-attend; or

    • (b) where the Commission has given less than five days notice of the reconvening, within such notice period as is fair and reasonable in the circumstances.

  • SOR/2007-208, s. 29.

Adjournments

 The Commission or a designated officer, as the case may be, on the request of a participant or on their own initiative, may adjourn a proceeding, on such terms and conditions as the Commission or the designated officer considers necessary in the interests of a fair, informal and expeditious consideration of the matter.

Record

  •  (1) The Commission shall keep a record of the following in respect of every proceeding:

    • (a) any document that initiated the proceeding;

    • (b) any notice given by the Commission or a designated officer;

    • (c) any documentary evidence, written submission or other material filed with the Commission or a designated officer;

    • (d) any final decision of the Commission or a designated officer, including reasons in any case where reasons were given;

    • (e) any transcript of the proceeding that is made by the Commission or a designated officer; and

    • (f) any other relevant information that the Commission or a designated officer directs to be placed on the record.

  • (2) Subject to any measures taken under rule 12, the record kept under subrule (1) shall be open to the participants and the public.

  • SOR/2007-208, s. 30(F).

PART 2Public Hearings

Application

 This Part applies in respect of a public hearing that the Commission holds

  • (a) under paragraph 40(5)(a) of the Act, in relation to an application for the issuance, renewal, suspension, amendment, revocation or replacement of a licence; and

  • (b) under paragraph 40(5)(b) of the Act, in relation to any other matter within the Commission's jurisdiction.

Notice of Public Hearing

  •  (1) Where the Commission holds a public hearing on any matter under this Part, it may hold the hearing on one or more days and in one or more places.

  • (2) The Commission shall give notice of a public hearing to the parties at least 60 days before the start of the hearing.

  • (3) The Commission shall also give a notice to the public at least 60 days before the start of the hearing in any manner that the Commission considers will most likely result in the notice coming to the attention of persons interested in the matter being considered.

  • (4) The notices referred to in subrules (2) and (3) shall include

    • (a) a description of the matter being heard;

    • (b) where the Commission proposes to hold the public hearing on one day, the date, time and place of the hearing;

    • (c) where the Commission proposes to hold the public hearing on more than one day, the dates, times and places, if known, of the public hearing;

    • (d) the requirement that parties who intend to participate in the hearing must so notify the Commission in accordance with rule 18;

    • (e) the manner in which persons may request to intervene, as set out in rule 19; and

    • (f) the names and addresses of persons to whom copies of any information and submissions filed or to be filed with the Commission, for consideration at the hearing, must be sent.

  • SOR/2007-208, s. 31(F).

Participation

  •  (1) A party who intends to appear at a public hearing shall file with the Commission, at least 30 days before the start of the hearing, a notice that includes

    • (a) a statement of the party's intention to appear and, where the party will be represented by counsel or an agent, the name, address and telephone and facsimile numbers of the counsel or agent; and

    • (b) a copy of the documentary information and written submission that the party will present to the Commission at the hearing, and a list of any witnesses proposed by the party.

  • (2) There shall be filed with the Commission, at least 30 days before the start of a public hearing, a copy of the documentary information and written submission that the officers and employees of the Commission will present to the Commission at the hearing.

  • (3) Where a public hearing comprises two hearing days, any documentary information and written submission filed under subrule (1) or (2) shall be considered by the Commission on each of those hearing days, and the parties and their witnesses shall attend on each of those hearing days unless the Commission directs otherwise in the interests of a fair, informal and expeditious consideration of the matter.

 
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