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

Regulations are current to 2013-04-29 and last amended on 2007-09-18. Previous Versions

Decision of Designated Officer

 The designated officer shall give notice of the decision in respect of the matter that has been heard under this Part by sending a copy of the decision to the parties and any other persons who intervened in the proceeding.

PART 5

LICENCE APPEAL OR REDETERMINATION

Application

 Rule 30 applies in respect of the following licensing matters that may be the subject of an appeal or rehearing and redetermination by the Commission under subsection 43(1) or (2) of the Act, as the case may be:

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

  • (b) a 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;

  • (d) a decision of the Commission not to issue a licence;

  • (e) a decision of the Commission not to renew, suspend, amend, revoke or replace a licence;

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

  • (g) a suspension, amendment, revocation or replacement, by the Commission, of a licence.

Notice of Appeal or Redetermination

  •  (1) An appeal or an application for a rehearing and redetermination may be made by sending to the Commission a notice that includes

    • (a) a reference to the paragraph of subsection 43(1) or (2) of the Act under which the appeal or application is being made;

    • (b) a reference to the licence that is the subject of the appeal or application;

    • (c) the grounds for the appeal or application, including, in the case of an appeal, a statement of how the appellant is directly affected by the decision being appealed;

    • (d) a statement of the action that the appellant or applicant submits that the Commission should take under subsection 43(4) of the Act;

    • (e) a statement indicating whether or not the appellant or applicant intends to present new evidence;

    • (f) a description of the manner in which the appellant or applicant proposes to participate in the proceeding;

    • (g) the name, address and telephone and facsimile numbers of the appellant or applicant; and

    • (h) a statement indicating whether the appellant or applicant intends to be represented by counsel or an agent and, if so, the name, address and telephone and facsimile numbers of the counsel or agent.

  • (2) After receiving a notice of appeal or rehearing and redetermination, the Commission shall determine whether its consideration will be by way of public hearing under paragraph 40(5)(b) of the Act or written submissions or by another manner that will enable the Commission to determine the matter before it in a fair, informal and expeditious manner.

  • (3) After determining the manner in which the appeal or rehearing and redetermination will be considered, the Commission shall send the appellant or applicant and any other participant a notice that includes

    • (a) the manner in which the appeal or rehearing and redetermination will be considered and a description of the manner in which the appellant or applicant and any other participant may present information, evidence and submissions to the Commission;

    • (b) the date, place and time limit for giving or presenting information and submissions and requesting information; and

    • (c) the names and addresses of the persons to whom copies of the information and written submissions must be sent.