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

Exceptional Powers

Marginal note:Notification of contamination, etc.

45 Every person who, on reasonable grounds, believes that

• (a) a place or vehicle is contaminated, in excess of the prescribed limit, by a radioactive nuclear substance, or

• (b) an event has occurred that is likely to result in the exposure of persons or the environment to a dose of radiation in excess of the prescribed limits,

shall immediately notify the Commission or an appropriate authority of the location and circumstances of the contamination or event.

Marginal note:Contaminated land

• 46 (1) Where the Commission believes, on reasonable grounds, that there is contamination in excess of the prescribed limit by a radioactive nuclear substance at any place, the Commission may conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination has occurred.

• Marginal note:Notice of contamination

  (2) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission shall file a notice of contamination in the land registry office or other office where title to land is recorded for the area in which the place is located, or in any other prescribed public office.

• Marginal note:Measures

  (3) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission may, in addition to filing a notice under subsection (2), order that the owner or occupant of, or any other person who has the management and control of, the affected land or place take the prescribed measures to reduce the level of contamination.

• Marginal note:Hearing re cancellation

  (4) Where the Commission believes on reasonable grounds that there is no longer contamination referred to in subsection (1) at a place with respect to which a notice has been filed under subsection (2), the Commission shall conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination is no longer present.

• Marginal note:Notice of cancellation

  (5) Where, after conducting a hearing under subsection (4), the Commission is satisfied that the contamination is no longer present, the Commission shall file a notice of cancellation wherever a notice of contamination in relation to the place was filed.

• Marginal note:Notice of determination

  (6) A notice of contamination or cancellation is to be filed following a hearing under this section and, before such filing, the Commission shall give notice in the prescribed manner to the owner or occupant of the affected land and any other prescribed person of the Commission’s determination.

• Marginal note:Notice of order

  (7) The Commission shall give notice in the prescribed manner of an order made under subsection (3) to any person named in or subject to the order.

Marginal note:Emergency orders

• 47 (1) Notwithstanding any other provision of this Act, in case of emergency the Commission may, without conducting any proceedings, make any order that it considers necessary to protect the environment or the health and safety of persons or to maintain national security and compliance with Canada’s international obligations.

• Marginal note:Notice

  (2) The Commission shall, as soon as practicable after making an order under subsection (1), give notice of it in the prescribed manner.

Offences and Punishment

Marginal note:Offence

48 Every person commits an offence who

• (a) alters, otherwise than pursuant to the regulations or a licence, or misuses any thing the purpose of which is to

  • (i) protect the environment or the health or safety of persons from any risk associated with the development, production or use of nuclear energy or the possession or use of a nuclear substance, prescribed equipment or prescribed information, or

  • (ii) maintain national security or implement international obligations to which Canada has agreed, at a nuclear facility or at a place where, or vehicle in which, a nuclear substance is located;

• (b) discloses prescribed information, except pursuant to the regulations;

• (c) fails to comply with any condition of a licence;

• (d) knowingly makes a false or misleading written or oral statement to the Commission, a designated officer or an inspector;

• (e) fails to comply with an order of the Commission, a designated officer or an inspector;

• (f) fails to assist or give information to an inspector when requested to do so, or otherwise interferes with the performance of an inspector’s duties;

• (g) takes disciplinary action against a person who assists or gives information to an inspector, a designated officer or the Commission in the performance of the person’s functions or duties under this Act;

• (h) except in the prescribed manner and circumstances, terminates, or varies the terms and conditions of, employment of a nuclear energy worker who has received or is committed to a dose of radiation in excess of the prescribed limits;

• (i) falsifies a record kept pursuant to this Act or the regulations or to a condition of a licence;

• (j) fails to comply with an order made under any of sections 58 to 62; or

• (k) fails to comply with this Act or any regulation made pursuant to this Act.

Marginal note:Offence re security at nuclear facility

49 Notwithstanding the occurrence of a legal strike or lockout, every person commits an offence who

• (a) while in charge of a nuclear facility, fails to ensure that there is present in that facility at all times the staff required, under the licence for that facility, to maintain that facility in a safe condition; or

• (b) does not report for duty at a nuclear facility or who, while on duty at a nuclear facility, withdraws their services, except where the person is not required to report or is relieved in accordance with a procedure set out in the licence for that facility.

Marginal note:Offence to possess certain nuclear substances, etc.

50 Every person commits an offence who, except as authorized by this Act, possesses a nuclear substance, prescribed equipment or prescribed information that is capable of being used to produce a nuclear weapon or a nuclear explosive device.

Marginal note:Punishment

• 51 (1) Every person who contravenes section 36 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

• Marginal note:Punishment

  (2) Every person who commits an offence under section 50 is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

• Marginal note:Punishment

  (3) Every person who commits an offence other than an offence in respect of which subsection (1) or (2) applies

  • (a) is guilty of an indictable offence and liable to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or

  • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $500,000 or to imprisonment for a term not exceeding eighteen months or to both.

Marginal note:Defence

51.1 A person shall not be found to have contravened any provision of this Act, other than section 50, if it is established that the person exercised all due diligence to prevent its commission.

Marginal note:Continuing offence

52 Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which it is committed or continued.

Marginal note:Limitation

53 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted not later than two years after the time when the subject-matter of the proceedings arose or the Commission became aware of the subject-matter of the proceedings.

54 [Repealed, 2001, c. 26, s. 314]

Marginal note:Evidence by certificate

• 55 (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or tested a substance or product and stating the result of the analysis or test, or a copy or extract of a certificate certified as such by an inspector or designated officer is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the analyst, inspector or designated officer and is proof of the statements contained in the certificate.

• Marginal note:Attendance

  (2) Any party against whom a certificate, copy or extract referred to in subsection (1) is produced may, with leave of the court, require the attendance of the analyst, inspector or designated officer, as the case may be, for the purposes of cross-examination.

• Marginal note:Notice

  (3) No certificate, copy or extract shall be received in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

Marginal note:Offence outside Canada

56 Every licensee who resides or carries on business in Canada and commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under paragraph 48(c) or under paragraph 48(i) in relation to its licence, is deemed to have committed that act or omission in Canada.

Marginal note:Trial of offence

57 A prosecution for an offence under this Act may be instituted, heard and determined in the place where the offence was committed, the subject-matter of the prosecution arose, the accused is resident or the accused is carrying on business.

Marginal note:Absolute or conditional discharge

• 58 (1) Where an offender has pleaded guilty to or been found guilty of an offence under this Act, the court may, instead of convicting the offender, order that the offender be discharged absolutely or on conditions that have any or all of the effects described in paragraphs 60(1)(a) to (j).

• Marginal note:Application by prosecutor

  (2) Where an offender contravenes an order made under subsection (1) or is convicted of any other offence under this Act that is committed after the order under subsection (1) was made, the prosecutor may apply to the court to revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time the order was made.

Marginal note:Suspended sentence

• 59 (1) Where an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may order that the accused comply with any condition having any or all of the effects described in paragraphs 60(1)(a) to (j).

• Marginal note:Application by prosecutor

  (2) Where the offender contravenes an order made under subsection (1) or is convicted of any other offence under this Act that is committed after the order under subsection (1) was made, the prosecutor may apply to the court to impose any sentence that could have been imposed if the passing of sentence had not been suspended.

Marginal note:Orders of court

• 60 (1) Where an offender has been convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, the court may make an order having any or all of the following effects:

  • (a) prohibiting the offender from committing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) directing the offender to take any measure that the court considers appropriate to protect the environment or the health or safety of persons from harm resulting from the act or omission that constituted the offence, or to remedy such harm;

  • (c) directing the offender to publish, in the prescribed manner and at the offender’s own expense, the facts relating to the conviction;

  • (d) directing the offender to notify, in the prescribed manner and at the offender’s own expense, any person who is affected by the offender’s conduct, of the facts relating to the conviction;

  • (e) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any order, prohibition, direction or requirement provided for in this subsection;

  • (f) directing the offender to submit to the Commission, on application to the court by the Commission made within three years after the date of conviction, such information with respect to the activities of the offender as the court considers appropriate in the circumstances;

  • (g) directing the offender to compensate the Commission, in whole or in part, for the cost of any remedial or preventive measure taken by or caused to be taken on behalf of the Commission as a result of the act or omission that constituted the offence;

  • (h) directing the offender to perform community service, subject to such reasonable conditions as may be imposed by the court on the recommendation of the Commission;

  • (i) directing the offender to pay an amount for the purposes of conducting research into the use and disposal of any nuclear substance, prescribed equipment or nuclear facility in respect of which the offence was committed; or

  • (j) requiring the offender to comply with such other conditions as the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing any other offence under this Act.

• Marginal note:Coming into force and duration of order or condition

  (2) An order made under subsection (1), 58(1) or 59(1) shall come into force on the day on which the order is made or on such other day as the court may determine and shall not continue in force for more than three years after that day.