Critical Cyber Systems Protection Act (S.C. 2026, c. 9, s. 11)

Marginal note:Representation to Governor

• The following provision is not in force.

  113 (1) The Governor must decide, on a balance of probabilities, after considering any representations made under paragraph 112(2)(a), whether the designated operator or other person committed the violation and, if the Governor so decides, the Governor may, subject to the regulations made under paragraph 135(1)(h), impose the penalty set out in the notice, a lesser penalty or no penalty.

• The following provision is not in force.

  Marginal note:Decision

  (2) The Governor must render a decision in writing, including reasons for it and the Bank must serve a copy of the decision on the designated operator or other person.

• The following provision is not in force.

  Marginal note:Responsibility to pay penalty

  (3) If the Governor decides that the designated operator or other person committed the violation, the designated operator or other person is liable to the penalty as set out in the decision.

• The following provision is not in force.

  Marginal note:Effect of payment

  (4) If the designated operator or other person pays the penalty set out in the decision, the Bank must accept the amount as complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended.

• The following provision is not in force.

  Marginal note:Violation not committed — effect

  (5) If the Governor decides that the designated operator or other person did not commit the violation, the proceedings commenced in respect of it are ended.

Marginal note:Entering into compliance agreements

• The following provision is not in force.

  114 (1) If the Bank offers to enter into a compliance agreement with the designated operator or other person, the agreement is subject to any terms that the Bank considers appropriate, including the reduction, in whole or in part, of the penalty for the violation.

• The following provision is not in force.

  Marginal note:Representations

  (2) If a compliance agreement is entered into, the designated operator or other person cannot make any representations under paragraph 112(2)(a).

• The following provision is not in force.

  Marginal note:Deeming

  (3) A designated operator or other person that enters into a compliance agreement with the Bank is deemed to have committed the violation in respect of which the compliance agreement was entered into.

• The following provision is not in force.

  Marginal note:Notice of compliance

  (4) If the Bank is of the opinion that a designated operator or other person that has entered into a compliance agreement has complied with it, the Bank must serve a notice to that effect on the designated operator or other person and, on the service of the notice, the proceedings commenced in respect of the violation are ended.

• The following provision is not in force.

  Marginal note:Notice of default

  (5) If the Bank is of the opinion that a designated operator or other person that has entered into a compliance agreement has not complied with it, the Bank must cause the designated operator or other person to be served with a notice of default informing them that

  • The following provision is not in force.

    (a) they are liable to pay, within the time and in the manner set out in the notice of default, the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, less any amount they paid under the compliance agreement; and

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    (b) the Bank may make public the designated operator’s or other person’s name, the nature of the violation, the scope of the non-compliance with the compliance agreement and the penalty payable.

• The following provision is not in force.

  Marginal note:Effect of payment

  (6) If a designated operator or other person pays the amount set out in the notice of default within the time and in the manner specified in that notice, the Bank must accept the amount as complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended.

Marginal note:Designation

115 The Canadian Nuclear Safety Commission may designate persons or classes of persons who are authorized to issue notices of violation and to enter into a compliance agreement with a designated operator.

Marginal note:Notice of violation — designated person

• The following provision is not in force.

  116 (1) If a person designated under section 115 has reasonable grounds to believe that a designated operator or other person has committed a violation, the person so designated may issue a notice of violation to the designated operator or other person. If a notice of violation is issued, the person so designated must cause it to be served on the designated operator or other person.

• The following provision is not in force.

  Marginal note:Contents of notice of violation

  (2) The notice of violation must name the designated operator or other person that is alleged to have committed the violation, identify the alleged violation and set out

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    (a) the penalty for the violation that the designated operator or other person is liable to pay;

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    (b) the right of the designated operator or other person, within 30 days after the notice is served or within any longer period that the person designated under section 115 specifies, to pay the penalty or to make representations to the Canadian Nuclear Safety Commission with respect to the violation or the proposed penalty, or both, and the manner for doing so; and

  • The following provision is not in force.

    (c) the fact that, if the designated operator or other person does not pay the penalty or make representations in accordance with the notice, the designated operator or other person will be deemed to have committed the violation and be liable to the penalty set out in the notice.

• The following provision is not in force.

  Marginal note:Correction or cancellation of notice of violation

  (3) At any time before the designated operator or other person makes representations in respect of a notice of violation to the Canadian Nuclear Safety Commission or enters into a compliance agreement with the person designated under section 115, the person so designated may cancel the notice of violation or correct an error in it.

Marginal note:Penalty

117 The penalty for a violation is to be determined by taking into account

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  (a) the designated operator’s or other person’s history of compliance or non-compliance with the provisions of this Act or of the regulations;

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  (b) the nature and scope of the violation;

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  (c) whether the designated operator or other person made reasonable efforts to mitigate or reverse the effects of the violation;

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  (d) whether the designated operator or other person derived any competitive or economic benefit from the violation;

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  (e) any other factor prescribed by the regulations; and

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  (f) any other factors that the person designated under section 115 who issued the notice of violation considers relevant.

Marginal note:Payment

• The following provision is not in force.

  118 (1) If the designated operator or other person named in the notice of violation pays the penalty set out in the notice, they are deemed to have committed the violation and the proceedings commenced in respect of the violation are ended.

• The following provision is not in force.

  Marginal note:Alternatives

  (2) Instead of paying the penalty set out in the notice, the designated operator or other person named in the notice may, in accordance with the notice,

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    (a) make representations to the Canadian Nuclear Safety Commission in respect of the alleged violation or of the penalty; or

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    (b) if the person designated under section 115 offers a compliance agreement, enter into the compliance agreement with the person so designated to ensure the designated operator’s or other person’s compliance with the provision to which the violation relates.

Marginal note:Representation

• The following provision is not in force.

  119 (1) The Canadian Nuclear Safety Commission must decide, on a balance of probabilities, after considering any representations made under paragraph 118(2)(a), whether the designated operator or other person committed the violation and, if it so decides, it may, subject to the regulations made under paragraph 135(1)(h), impose the penalty set out in the notice, a lesser penalty or no penalty.

• The following provision is not in force.

  Marginal note:Decision

  (2) The Canadian Nuclear Safety Commission must render a decision in writing, including reasons for it and must serve a copy of the decision on the designated operator or other person.

• The following provision is not in force.

  Marginal note:Responsibility to pay penalty

  (3) If the Canadian Nuclear Safety Commission decides that the designated operator or other person committed the violation, the designated operator or other person is liable to the penalty as set out in the decision.

• The following provision is not in force.

  Marginal note:Effect of payment

  (4) If the designated operator or other person pays the penalty set out in the decision, the Canadian Nuclear Safety Commission must accept the amount as complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended.

• The following provision is not in force.

  Marginal note:Violation not committed — effect

  (5) If the Canadian Nuclear Safety Commission decides that the designated operator or other person did not commit the violation, the proceedings commenced in respect of it are ended.

Marginal note:Entering into compliance agreements

• The following provision is not in force.

  120 (1) If the person designated under section 115 offers to enter into a compliance agreement with the designated operator or other person, the agreement is subject to any terms that the person so designated considers appropriate, including the reduction, in whole or in part, of the penalty for the violation.

• The following provision is not in force.

  Marginal note:Representations

  (2) If a compliance agreement is entered into, the designated operator or other person cannot make any representations under paragraph 118(2)(a).

• The following provision is not in force.

  Marginal note:Deeming

  (3) A designated operator or other person that enters into a compliance agreement with the person designated under section 115 is deemed to have committed the violation in respect of which the compliance agreement was entered into.

• The following provision is not in force.

  Marginal note:Notice of compliance

  (4) If the person designated under section 115 is of the opinion that a designated operator or other person that has entered into a compliance agreement has complied with it, the person so designated must serve a notice to that effect on the designated operator or other person and, on the service of the notice, the proceedings commenced in respect of the violation are ended.

• The following provision is not in force.

  Marginal note:Notice of default

  (5) If the person designated under section 115 is of the opinion that a designated operator or other person that has entered into a compliance agreement has not complied with it, the person so designated must cause the designated operator or other person to be served with a notice of default informing them that

  • The following provision is not in force.

    (a) they are liable to pay, within the time and in the manner set out in the notice of default, the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, less any amount they paid under the compliance agreement; and

  • The following provision is not in force.

    (b) the Canadian Nuclear Safety Commission may make public the designated operator’s or other person’s name, the nature of the violation, the scope of the non-compliance with the compliance agreement and the penalty payable.

• The following provision is not in force.

  Marginal note:Effect of payment

  (6) If a designated operator or other person pays the amount set out in the notice of default within the time and in the manner specified in that notice, the Canadian Nuclear Safety Commission must accept the amount as complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended.

Marginal note:Designation

121 The Chief Executive Officer may designate persons or classes of persons who are authorized to issue notices of violation and to enter into a compliance agreement with a designated operator.

Marginal note:Notice of violation — designated person

• The following provision is not in force.

  122 (1) If a person designated under section 121 has reasonable grounds to believe that a designated operator or other person has committed a violation, the person so designated may issue a notice of violation to the designated operator or other person. If a notice of violation is issued, the person so designated must cause it to be served on the designated operator or other person.

• The following provision is not in force.

  Marginal note:Contents of notice of violation

  (2) The notice of violation must name the designated operator or other person that is alleged to have committed the violation, identify the alleged violation and set out

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    (a) the penalty for the violation that the designated operator or other person is liable to pay;

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    (b) the right of the designated operator or other person, within 30 days after the notice is served or within any longer period that the person designated under section 121 specifies, to pay the penalty or to make representations to the Commission with respect to the violation or the proposed penalty, or both, and the manner for doing so; and

  • The following provision is not in force.

    (c) the fact that, if the designated operator or other person does not pay the penalty or make representations in accordance with the notice, the designated operator or other person will be deemed to have committed the violation and be liable to the penalty set out in the notice.

• The following provision is not in force.

  Marginal note:Correction or cancellation of notice of violation

  (3) At any time before the designated operator or other person makes representations in respect of a notice of violation to the Commission or enters into a compliance agreement with the person designated under section 121, the person so designated may cancel the notice of violation or correct an error in it.