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

Act current to 2019-07-01 and last amended on 2017-01-01. Previous Versions

Canadian Nuclear Safety Commission (continued)

Analysts and Inspectors

Marginal note:Designation of analysts

 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

  •  (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

  •  (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.

Marginal note:Search without warrant

 For the purposes of ensuring compliance with this Act and the regulations, an inspector may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain a warrant.

Marginal note:Powers of inspectors

 The measures that an inspector may take, in exercising authority under this Act, include

  • (a) using any equipment or causing any equipment to be used;

  • (b) taking any measurement;

  • (c) carrying out any test on a vehicle or in relation to anything in a vehicle or place that the inspector has been designated to inspect;

  • (d) examining any vehicle or place and making or causing to be made a record of anything in any vehicle or place that the inspector has been designated to inspect and removing anything from such a vehicle or place for a reasonable period for the purpose of making a record of it;

  • (e) opening or requesting the opening of any receptacle;

  • (f) taking and disposing of any sample;

  • (g) examining any records that are required to be kept or reports that are required to be made under this Act, or any books, records, electronic data or other documents that the inspector believes on reasonable grounds relate to such records or reports; or

  • (h) questioning any person in charge of, found in or having a connection with, any vehicle or place that the inspector has entered, inspected or searched or from which any thing is seized by an inspector.

Marginal note:Inspector may be accompanied

 While exercising any authority under this Act, an inspector may be accompanied by any other person chosen by the inspector.

Marginal note:Disposal or return of seized property

 Any thing seized by an inspector in the course of exercising authority under this Act or under a warrant issued under the Criminal Code shall be disposed of or returned to the owner or person in charge of it

  • (a) on the order of a court, after all proceedings before the court in respect of an offence under this Act or the regulations in relation to the thing are finally concluded; or

  • (b) on the order of the Federal Court, at any time on application by the Commission or the owner or person in charge.

Marginal note:Order of an inspector

  •  (1) An inspector may order that a licensee take any measure that the inspector considers necessary to protect the environment or the health or safety of persons or to maintain national security or compliance with international obligations to which Canada has agreed.

  • Marginal note:Order of an inspector

    (2) Where an inspector enters or inspects any vehicle or place

    • (a) in the circumstances described in paragraph 30(3)(a), the inspector may order that any person evacuate, close, seal, label or take any measures that the inspector considers necessary to decontaminate, the place or vehicle;

    • (b) in the circumstances described in paragraph 30(3)(b), the inspector may order that any person use, handle, store or transport the nuclear substance in a manner that will not cause an unreasonable risk to the environment or to the health or safety of persons;

    • (c) in either of the circumstances described in paragraph 30(3)(c), the inspector may order that any person operate the nuclear facility in a manner or put it in a state that will not cause an unreasonable risk to the environment or to the health or safety of persons; or

    • (d) in the circumstances described in section 31, the inspector may order that any person take any measure that the inspector considers necessary to protect the environment or the health or safety of persons or to maintain national security or compliance with international obligations to which Canada has agreed.

  • Marginal note:Review by Commission

    (3) An inspector shall refer any order made under this section to the Commission for review and the Commission shall confirm, amend, revoke or replace the order.

Marginal note:Assistance to inspectors

 Every owner of a place or vehicle that is entered, inspected or searched or from which any thing is seized by an inspector, every person in charge of or found in such a place and every person with control of or found in such a vehicle shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act.

Designated Officers

Marginal note:Designated officers

  •  (1) The Commission may designate, by name, title of office or class of persons, any person whom the Commission considers qualified as a designated officer and any officer so designated shall be provided with a certificate setting out the duties that the designated officer is authorized to carry out.

  • Marginal note:Duties

    (2) The Commission may authorize a designated officer to

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

    • (b) 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;

    • (c) issue, on receipt of an application referred to in subsection 24(2), a licence of a class established by the Commission;

    • (d) renew, suspend in whole or in part, amend, revoke or replace — or authorize the transfer of — a licence referred to in paragraph (c) on receipt of an application referred to in subsection 24(2);

    • (e) designate any person whom the designated officer considers qualified as an analyst under section 28 or as an inspector under subsection 29(1);

    • (f) make any order that an inspector may make under subsection 35(1) or (2);

    • (g) confirm, amend, revoke or replace any order made by an inspector; or

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

  • Marginal note:Production of certificate of designation

    (3) In carrying out any of the duties referred to in subsection (2), a designated officer shall, if requested, produce the designated officer’s certificate of designation.

  • Marginal note:Notice

    (4) A designated officer who refuses to issue, renew, suspend, amend, revoke or replace a licence, or authorize its transfer, shall notify the applicant of the refusal.

  • Marginal note:Report to Commission

    (5) A designated officer shall report to the Commission on

    • (a) a refusal by the designated officer to issue, renew, suspend, amend, revoke or replace a licence or authorize its transfer;

    • (b) the issuance by the designated officer of a licence that contains the condition that the applicant provide a financial guarantee referred to in subsection 24(5);

    • (c) a renewal of a licence where the terms or conditions of the licence are amended, or a suspension, amendment, revocation or replacement of a licence, other than an amendment of terms or conditions or a suspension, amendment, revocation or replacement made on the application, or with the consent, of the licensee; and

    • (d) a confirmation, amendment, revocation or replacement of an order under paragraph (2)(g).

  • Marginal note:Review of report by Commission

    (6) A designated officer shall refer any order made under paragraph (2)(f) to the Commission for review and the Commission shall confirm, amend, revoke or replace the order.

  • 1997, c. 9, s. 37
  • 2001, c. 34, s. 60
  • 2012, c. 19, s. 125
 
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