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

Act current to 2019-05-07 and last amended on 2017-01-01. Previous Versions

Canadian Nuclear Safety Commission (continued)

Procedures for Decisions and Orders

Marginal note:Procedure for certain decisions and orders

 Every order of an inspector and every order of a designated officer under paragraph 37(2)(f) shall be made, and every measure under paragraph 37(2)(c), (d) or (g) shall be taken, in accordance with the prescribed rules of procedure.

Marginal note:Designated officer to provide opportunity to be heard

  •  (1) A designated officer shall provide a reasonable opportunity to be heard to

    • (a) the applicant, before refusing to issue a licence under paragraph 37(2)(c);

    • (a.1) the applicant, before refusing to authorize the transfer under paragraph 37(2)(d);

    • (b) the licensee, before renewing, suspending, amending, revoking or replacing a licence or authorizing its transfer, under paragraph 37(2)(d), or before refusing to take any of those actions; and

    • (c) any person named in or subject to the order, before confirming, amending, revoking or replacing an order under paragraph 37(2)(g).

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a renewal, suspension, amendment, revocation or replacement of a licence on the application of the licensee.

  • 1997, c. 9, s. 39
  • 2012, c. 19, s. 126

Marginal note:Commission to provide opportunity to be heard

  •  (1) Subject to subsection (2), the Commission shall provide an opportunity to be heard in accordance with the prescribed rules of procedure to

    • (a) the applicant, before refusing to issue a licence under section 24;

    • (a.1) the applicant, before refusing to authorize its transfer under section 24;

    • (b) the licensee, before renewing, suspending, amending, revoking or replacing a licence, or refusing to renew, suspend, amend, revoke or replace a licence, under section 25;

    • (c) any person named in or subject to the order, before confirming, amending, revoking or replacing an order of an inspector under subsection 35(3);

    • (d) any person named in or subject to the order, before confirming, amending, revoking or replacing an order of a designated officer under subsection 37(6);

    • (e) the applicant, before confirming a decision not to issue a licence or authorize its transfer — and the licensee, before confirming a decision not to renew, amend, revoke or replace a licence or authorize its transfer — under paragraph 43(4)(a);

    • (f) the licensee, before confirming, varying or cancelling a term or condition of a licence under paragraph 43(4)(b);

    • (g) the licensee, before taking any measure under any of paragraphs 43(4)(c) to (f);

    • (h) any person named in or subject to the order, before taking any measure under any of paragraphs 43(4)(g) to (j); and

    • (i) any person named in or subject to the order, before making any other order under this Act.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply

    • (a) in respect of a renewal, suspension, amendment, revocation or replacement of a licence on the application of the licensee; or

    • (b) in respect of an order under subsection 47(1).

  • Marginal note:Proceedings on motion of Commission

    (3) Notwithstanding any other provision of this Act, where the Commission is satisfied that it is in the public interest to do so, the Commission may, on its own initiative, conduct proceedings in accordance with the prescribed rules of procedure to determine any matter or thing relating to the purpose of this Act.

  • Marginal note:Notice

    (4) On completion of proceedings in respect of which subsection (1) applies and proceedings under subsection (3), the Commission shall give notice of its decision to

    • (a) the applicant, where the proceedings were in relation to an application for a licence;

    • (b) the licensee, where the proceedings were in relation to a licence; or

    • (c) any person named in, or subject to, the order, where the proceedings were in relation to an order.

  • Marginal note:Public hearings

    (5) The Commission shall, subject to any by-laws made under section 15 and any regulations made under section 44, hold a public hearing with respect to

    • (a) the proposed exercise by the Commission, or by a panel established under section 22, of the power under subsection 24(2) to issue, renew, suspend, amend, revoke or replace a licence; and

    • (b) any other matter within its jurisdiction under this Act, if the Commission is satisfied that it would be in the public interest to do so.

  • Marginal note:Exception

    (6) Subsection (5) does not apply in respect of any matter in relation to which subsection 14(2) applies.

  • 1997, c. 9, s. 40
  • 2012, c. 19, s. 127

Marginal note:Compliance with order

 Every person named in, or subject to, an order of the Commission, an inspector or a designated officer shall, whether or not the person has had an opportunity to make representations with respect to the order, comply with the order within the time specified in it or, if no time is specified, immediately.

Marginal note:Liability for costs of measures

  •  (1) Where the Commission, an inspector or a designated officer makes an order in relation to a nuclear substance, prescribed equipment, prescribed information or a nuclear facility, the person who is in possession of the nuclear substance, prescribed equipment or prescribed information or the owner or person in charge of the nuclear facility at the time the order is made is, without proof of fault or negligence, liable to pay any costs that any other person incurs in complying with the order.

  • Marginal note:Indemnity

    (2) Nothing in subsection (1) shall be construed to restrict the owner’s or person’s right of recourse against or indemnity from any other person in respect of the liability.

  • Marginal note:Liability under Nuclear Liability and Compensation Act

    (3) Nothing in this section shall be construed as limiting an operator’s liability under the Nuclear Liability and Compensation Act.

  • 1997, c. 9, s. 42
  • 2015, c. 4, s. 124

Redetermination and Appeal of Decisions and Orders

Marginal note:Appeal to the Commission

  •  (1) An appeal may be made to the Commission by any person who is directly affected by

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

    • (b) any 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;

    • (c.1) an authorization granted by a designated officer to transfer a licence; or

    • (d) a confirmation, amendment, revocation or replacement, by a designated officer, of an order of an inspector.

  • Marginal note:Redetermination by Commission on application

    (2) The Commission shall rehear and redetermine, on the application of

    • (a) the applicant, a decision of the Commission not to issue a licence or authorize its transfer;

    • (b) the licensee, a decision of the Commission not to renew, suspend, amend, revoke or replace a licence or authorize its transfer;

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

    • (d) the licensee, a suspension, amendment, revocation or replacement, by the Commission, of a licence;

    • (e) any person named in, or subject to, an order of the Commission, the order; or

    • (f) any person named in, or subject to, an order of an inspector or a designated officer, a confirmation, amendment, revocation or replacement, by the Commission, of the order.

  • Marginal note:Redetermination by Commission on own initiative

    (3) The Commission may, on its own initiative, redetermine any decision or order made by it or by an inspector or designated officer or any term or condition of a licence.

  • Marginal note:Decision

    (4) On considering an appeal or a redetermination, the Commission may hear new evidence or rehear such evidence as it considers necessary and may, in the case of

    • (a) a decision not to issue, renew, amend, revoke, replace a licence or authorize its transfer, confirm the decision or issue, renew, amend, revoke or replace the licence or authorize its transfer;

    • (b) any term or condition of a licence, confirm, vary or cancel the term or condition;

    • (c) an amendment of a licence, confirm, vary or cancel the amendment;

    • (d) a suspension of a licence, confirm, vary the conditions of or cancel the suspension;

    • (e) a revocation of a licence, confirm or cancel the revocation and, where it cancels the revocation, impose any term or condition that it considers necessary for the purposes of this Act;

    • (f) a replacement of a licence, confirm, vary, cancel or replace the replacement;

    • (g) an order or a replacement of an order, confirm, amend, revoke or replace the order or the replacement;

    • (h) a confirmation of an order, reconfirm the order or cancel the confirmation and amend, revoke or replace the order;

    • (i) an amendment of an order, confirm the amendment or cancel the amendment and confirm, amend, revoke or replace the order; or

    • (j) a revocation of an order, confirm the revocation or cancel the revocation and confirm, amend or replace the order.

  • 1997, c. 9, s. 43
  • 2012, c. 19, s. 128
 
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