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

Civil Liability

Marginal note:Immunity

• 18 (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.

Directives

Marginal note:Directive of Governor in Council

• 19 (1) The Governor in Council may, by order, issue to the Commission directives of general application on broad policy matters with respect to the objects of the Commission.

• Marginal note:Directives binding

  (2) An order made under this section is binding on the Commission.

• Marginal note:Publication and tabling

  (3) A copy of each order made under this section shall be

  • (a) published in the Canada Gazette; and

  • (b) laid before each House of Parliament.

Powers

Marginal note:Court of record

• 20 (1) The Commission is a court of record.

• Marginal note:Witnesses and records

  (2) The Commission has, with respect to the appearance, summoning and examination of witnesses, the production and inspection of records, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are necessary to carry out the duties of the Commission or to enforce any order, including, without limiting the generality of the foregoing, the power to

  • (a) issue a summons requiring a person

    • (i) to appear at the time and place stated in the summons to give evidence concerning any matter relevant to any subject-matter before the Commission, and

    • (ii) to produce, either before or at a hearing, such records and things as the Commission considers appropriate to the full investigation and consideration of matters within its jurisdiction; and

  • (b) administer oaths and examine any person under oath.

• Marginal note:Informal and expeditious

  (3) All proceedings before the Commission shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit, but, in any case, within the prescribed period of time.

• Marginal note:Not bound by legal rules

  (4) The Commission is not bound by the legal rules of evidence and in particular may

  • (a) receive and accept such evidence and information on oath, by affidavit or otherwise, as in its discretion it considers appropriate; and

  • (b) refuse to accept any evidence that the Commission does not consider relevant or trustworthy.

• Marginal note:Control of subject-matter

  (5) Before conducting a proceeding, the Commission may

  • (a) stay or dismiss an application where the applicant is not in compliance with a term or condition of a licence or of any order made under this Act;

  • (b) determine the issues in respect of which it will receive evidence or hear argument; and

  • (c) exclude from consideration any matter on which it has rendered a decision.

• Marginal note:Control of proceedings

  (6) The Commission may take such measures as it considers necessary to maintain order during proceedings before it and in particular may limit the participation in the proceedings of, or eject from the proceedings, any person who disrupts the proceedings and, where the person is ejected, continue the proceedings in the person’s absence.

• Marginal note:Assistance of peace officers

  (7) A peace officer shall provide such assistance as the Commission or a member of the Commission may request for the purpose of maintaining order during proceedings before the Commission.

• Marginal note:Enforcement of orders of the Commission

  (8) Any decision or order of the Commission may, for the purpose of enforcement, be made a rule, order or decree of the Federal Court or of a superior court of a province and may be enforced in like manner as a rule, order or decree of that court.

• Marginal note:Procedure for enforcement

  (9) To make a decision or order of the Commission a rule, order or decree of the Federal Court or a superior court, the usual practice and procedure of the court in those matters may be followed, or the President may provide to the court a certified copy of the decision or order under the seal of the Commission and thereupon the decision or order becomes a rule, order or decree of the court.

Marginal note:Powers

• 21 (1) The Commission may, in order to attain its objects,

  • (a) enter into arrangements, including an arrangement to provide training, with any person, any department or agency of the Government of Canada or of a province, any regulatory agency or department of a foreign government or any international agency;

  • (b) establish and maintain programs to provide the Commission with scientific, technical and other advice and information;

  • (b.1) establish and maintain a participant funding program to facilitate the participation of the public in proceedings under this Act;

  • (c) establish, and fix the terms of reference of, advisory, standing and other committees;

  • (d) establish and maintain offices and laboratories;

  • (e) disseminate objective scientific, technical and regulatory information to the public concerning the activities of the Commission and the effects, on the environment or on the health or safety of persons, of the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information;

  • (f) provide, under an appropriate security classification, to any department or agency of a foreign government or international agency with which Canada or the Commission has entered into an arrangement for the provision of such information, information relating to the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information including, after obtaining such assurances as it considers necessary to protect any commercial interest, protected commercial information;

  • (g) charge any fees that may be prescribed for any information, product or service that it provides under this Act or for the participant funding program that it establishes and maintains under this Act;

  • (h) certify and decertify prescribed equipment for the purposes of this Act;

  • (i) certify and decertify persons referred to in paragraph 44(1)(k) as qualified to carry out their duties under this Act or the duties of their employment, as the case may be; and

  • (j) authorize the return to work of persons whose dose of radiation has or may have exceeded the prescribed radiation dose limits.

• Marginal note:Refund of fees

  (2) The Commission may, under the prescribed circumstances, refund all or part of any fee referred to in paragraph (1)(g).

• Marginal note:Expenditure of revenue from fees

  (3) The Commission may spend for its purposes the revenue from the fees it charges for licences or classes of licences issued under section 24 in the fiscal year in which the revenues are received or in the next fiscal year.

Panels

Marginal note:Establishment of panels

• 22 (1) The President may establish a panel of the Commission consisting of one or more members and, subject to subsection (3), the panel may, as directed by the President, exercise or perform any or all of the powers, duties and functions of the Commission.

• Marginal note:Act of a panel

  (2) An act of a panel is deemed to be an act of the Commission.

• Marginal note:Exceptions

  (3) A panel may not make by-laws or regulations or review a decision or order of the Commission.

Decision-Making

Marginal note:Decision-making by Commission

• 23 (1) The President or the presiding member shall not vote at a meeting of the Commission or a panel of the Commission, as the case may be, except that the President or presiding member has and shall cast the deciding vote in case of an equal division.

• Marginal note:Member ceasing to hold office

  (2) A person who has ceased to be a member may, with the authorization of the President and for such period as the President may fix, take part in the disposition of any matter in which that person became engaged while holding office as a member, and a person so authorized shall, for that purpose, be deemed to be a member of the Commission.

• Marginal note:Where member unable to act

  (3) Where any member has taken part in a matter and for any reason is unable to take part in the disposition of the matter, the remaining members who took part in the matter may, with the authorization of the President, make the disposition notwithstanding that the quorum may have been lost.

• Marginal note:Where one-member panel unable to act

  (4) Where a panel consists of one member and the member is at any time unable to dispose of a matter that is before the panel, the President may authorize another member to consider and dispose of the matter.

Licences

Marginal note:Licences

• 24 (1) The Commission may establish classes of licences authorizing the licensee to carry on any activity described in any of paragraphs 26(a) to (f) that is specified in the licence for the period that is specified in the licence.

• Marginal note:Application

  (2) The Commission may issue, renew, suspend in whole or in part, amend, revoke or replace a licence, or authorize its transfer, on receipt of an application

  • (a) in the prescribed form;

  • (b) containing the prescribed information and undertakings and accompanied by the prescribed documents; and

  • (c) accompanied by the prescribed fee.

• Marginal note:Refund of fees

  (3) The Commission may, under the prescribed circumstances, refund all or part of any fee referred to in paragraph (2)(c).

• Marginal note:Conditions for issuance, etc.

  (4) No licence shall be issued, renewed, amended or replaced — and no authorization to transfer one given — unless, in the opinion of the Commission, the applicant or, in the case of an application for an authorization to transfer the licence, the transferee

  • (a) is qualified to carry on the activity that the licence will authorize the licensee to carry on; and

  • (b) will, in carrying on that activity, make adequate provision for the protection of the environment, the health and safety of persons and the maintenance of national security and measures required to implement international obligations to which Canada has agreed.

• Marginal note:Terms and conditions of licences

  (5) A licence may contain any term or condition that the Commission considers necessary for the purposes of this Act, including a condition that the applicant provide a financial guarantee in a form that is acceptable to the Commission.

• Marginal note:Application of proceeds of financial guarantee

  (6) The Commission may authorize the application of the proceeds of any financial guarantee referred to in subsection (5) in such manner as it considers appropriate for the purposes of this Act.

• Marginal note:Refund

  (7) The Commission shall grant to any person who provided a financial guarantee under subsection (5) a refund of any of the proceeds of the guarantee that have not been spent and may give the person, in addition to the refund, interest at the prescribed rate in respect of each month or fraction of a month between the time the financial guarantee is provided and the time the refund is granted, calculated on the amount of the refund.

• (8) [Repealed, 2012, c. 19, s. 124]

Marginal note:Renewal, etc.

25 The Commission may, on its own motion, renew, suspend in whole or in part, amend, revoke or replace a licence under the prescribed conditions.

Marginal note:Prohibitions

26 Subject to the regulations, no person shall, except in accordance with a licence,

• (a) possess, transfer, import, export, use or abandon a nuclear substance, prescribed equipment or prescribed information;

• (b) mine, produce, refine, convert, enrich, process, reprocess, package, transport, manage, store or dispose of a nuclear substance;

• (c) produce or service prescribed equipment;

• (d) operate a dosimetry service for the purposes of this Act;

• (e) prepare a site for, construct, operate, modify, decommission or abandon a nuclear facility; or

• (f) construct, operate, decommission or abandon a nuclear-powered vehicle or bring a nuclear-powered vehicle into Canada.

Records and Reports

Marginal note:Records and reports

27 Every licensee and every prescribed person shall

• (a) keep the prescribed records, including a record of the dose of radiation received by or committed to each person who performs duties in connection with any activity that is authorized by this Act or who is present at a place where that activity is carried on, retain those records for the prescribed time and disclose them under the prescribed circumstances; and

• (b) make the prescribed reports and file them in the prescribed manner, including a report on

  • (i) any theft or loss of a nuclear substance, prescribed equipment or prescribed information that is used in carrying on any activity that is authorized by this Act, and

  • (ii) any contravention of this Act in relation to an activity that is authorized by this Act and any measure that has been taken in respect of the contravention.

Analysts and Inspectors

Marginal note:Designation of analysts

28 The Commission may designate as an analyst for the purposes of this Act any person whom the Commission considers qualified.

Marginal note:Designation of inspectors

• 29 (1) The Commission may designate as an inspector for the purposes of this Act any person whom the Commission considers qualified and any person so designated shall be provided with a certificate in the prescribed form certifying the person’s designation.

• Marginal note:Contents of certificate

  (2) The certificate must list any category of place or vehicle that the inspector has been designated to inspect, any condition that must be satisfied by the inspector in conducting an inspection and any restriction on the powers conferred on the inspector, and on entering or inspecting a place or vehicle the inspector shall, if requested, show the certificate to the person in charge of the place or vehicle.

Marginal note:Inspection

• 30 (1) In order to verify compliance with this Act, the regulations, an order or decision made under this Act or a condition of a licence, an inspector may, at any reasonable time and in accordance with the inspector’s certificate, enter and inspect

  • (a) a nuclear facility;

  • (b) a nuclear-powered vehicle or a vehicle that the inspector believes on reasonable grounds is transporting a nuclear reactor, nuclear substance, prescribed equipment or prescribed information; and

  • (c) a vehicle or place in which the inspector believes on reasonable grounds there is a nuclear substance, prescribed equipment, prescribed information or a record that is required by this Act, the regulations, an order or decision made under this Act, or a condition of a licence.

• Marginal note:Dwelling-houses

  (2) In the case of an inspection of a dwelling-house

  • (a) the inspector shall give reasonable notice to the licensee that an inspection is to be carried out;

  • (b) the inspection shall be conducted between the hours of 7:00 a.m. and 9:00 p.m., local time, where the licensee and the inspector cannot agree on a time for the inspection; and

  • (c) the inspection shall be limited to the parts of the dwelling-house in which the nuclear substance, prescribed equipment, prescribed information or record is kept.

• Marginal note:Special circumstances

  (3) An inspector may, at any time, enter and inspect a vehicle or place in which the inspector believes on reasonable grounds that

  • (a) there is contamination by a nuclear substance;

  • (b) a nuclear substance is being used, handled, stored or transported in a manner that may cause an unreasonable risk to the environment or to the health or safety of persons; or

  • (c) a nuclear facility is being operated in a manner or is in a state that may cause an unreasonable risk to the environment or to the health or safety of persons.