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

Act current to 2022-11-16 and last amended on 2017-01-01. Previous Versions

Administrative Monetary Penalties (continued)

Rules About Violations (continued)

Marginal note:Limitation or prescription period

 No notice of violation in respect of a violation shall be issued more than two years after the day on which the subject matter of the violation arises.

  • 2012, c. 19, s. 130

Reviews

Marginal note:Right to request review

 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Commission allows, make a request to the Commission for a review of the amount of the penalty or the facts of the violation, or both.

  • 2012, c. 19, s. 130

Marginal note:Correction or cancellation of notice of violation

 At any time before a request for a review in respect of a notice of violation is received by the Commission, a person designated under paragraph 65.01(b) may cancel the notice of violation or correct an error in it.

  • 2012, c. 19, s. 130

Marginal note:Review

  •  (1) On receipt of a request made under section 65.1, the Commission shall conduct the review or cause the review to be conducted by a designated officer.

  • Marginal note:Restriction

    (2) If the notice of violation was issued by a designated officer, the Commission shall conduct the review.

  • 2012, c. 19, s. 130

Marginal note:Review by designated officer

  •  (1) If a review is conducted by a designated officer, the designated officer shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.

  • Marginal note:Determination

    (2) The designated officer shall render his or her determination in writing and cause the person who requested the review to be served with a copy of the determination and reasons.

  • Marginal note:Correction of penalty

    (3) If the designated officer determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the designated officer shall correct the amount of the penalty.

  • Marginal note:Responsibility

    (4) If the designated officer determines that the person who requested the review committed the violation, the person is liable to the penalty as set out in the determination.

  • Marginal note:Request for review by Commission

    (5) A person on whom a copy of a determination of a review is served may, within 30 days after the day on which it is served, or within any longer period that the Commission allows, make a request to the Commission for a review by the Commission of the amount of the penalty or the facts of the violation, or both.

  • 2012, c. 19, s. 130

Marginal note:Review by Commission

  •  (1) If a review is conducted by the Commission, the Commission shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.

  • Marginal note:Determination

    (2) The Commission shall render its determination in writing and cause the person who requested the review to be served with a copy of the determination and reasons.

  • Marginal note:Correction of penalty

    (3) If the Commission determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Commission shall correct the amount of the penalty.

  • Marginal note:Responsibility

    (4) If the Commission determines that the person who requested the review committed the violation, the person is liable to the penalty as set out in the determination.

  • Marginal note:Determination final

    (5) Despite subsection 43(3), a determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

  • 2012, c. 19, s. 130

Marginal note:Burden of proof

 If the facts of a violation are reviewed under section 65.13 or 65.14, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

  • 2012, c. 19, s. 130

Responsibility

Marginal note:Payment

 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

  • 2012, c. 19, s. 130

Marginal note:Failure to act

 A person that neither pays the penalty imposed under this Act nor requests a review in the prescribed period is considered to have committed the violation and is liable to the penalty.

  • 2012, c. 19, s. 130

Recovery of Penalties

Marginal note:Debts to Her Majesty

  •  (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

  • Marginal note:Limitation or prescription period

    (2) No proceedings to recover the debt shall be instituted more than five years after the day on which the debt becomes payable.

  • 2012, c. 19, s. 130

Marginal note:Certificate

  •  (1) The Commission may issue a certificate certifying the unpaid amount of any debt referred to in subsection 65.18(1).

  • Marginal note:Registration in Federal Court

    (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

  • 2012, c. 19, s. 130

General

Marginal note:Admissibility of documents

 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 65.05(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

  • 2012, c. 19, s. 130

Marginal note:Publication

 The Commission may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

  • 2012, c. 19, s. 130

General

Marginal note:Oath or affirmation of fidelity and secrecy

 Every member, every officer and employee of the Commission and every person acting on behalf or under the direction of the Commission shall, before acting as such, take before a justice of the peace or a commissioner for taking affidavits the following oath or affirmation of fidelity and secrecy:

I, .........., do solemnly swear (or affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member (or officer or employee or person acting on behalf or under the direction, as the case may be), of the Canadian Nuclear Safety Commission.

I further solemnly swear (or affirm) that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the Commission nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the Commission and relating to its business.

Marginal note:Application of Financial Administration Act

 Subject to this Act and the regulations, the Financial Administration Act applies in respect of the Commission.

Marginal note:Expenses

 The Commission may expend, administer, use or dispose of any money or other property acquired by gift, bequest, donation and the like, subject to the terms, if any, on which the money or other property was given, bequeathed, donated or otherwise made available to the Commission.

Marginal note:Audit

 The accounts and financial transactions of the Commission shall be audited annually by the Auditor General of Canada and a report of the audit shall be made to the Commission and to the Minister.

  • 2001, c. 34, s. 62

Marginal note:Non-application of Statutory Instruments Act

 A decision or order made under this Act, other than an order made under section 19, is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Unpaid fees

 The amount of any fee imposed on a person under this Act and any interest thereon is a debt due to Her Majesty in right of Canada and may be recovered as such from the person on whom it was imposed in any court of competent jurisdiction.

Marginal note:Works and undertakings

 Any work or undertaking constructed for the development, production or use of nuclear energy or for the mining, production, refinement, conversion, enrichment, processing, reprocessing, possession or use of a nuclear substance or for the production, possession or use of prescribed equipment or prescribed information is declared to be a work or undertaking for the general advantage of Canada.

Marginal note:Annual report

 The Commission shall, within four months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission under this Act for that fiscal year, and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after receiving it.

Transitional Provisions

Marginal note:Definitions

 The definitions in this section apply in this section and sections 74 to 80.

Board

Board means the Atomic Energy Control Board established by section 3 of the Atomic Energy Control Act, as that section read immediately before the commencement day. (ancienne commission)

commencement day

commencement day means the day on which this Act comes into force. (date d’entrée en vigueur)

Marginal note:Board dissolved

 The Board is hereby dissolved.

Marginal note:President of Commission

 The person who holds the office of President of the Board immediately before the commencement day continues in office as the President of the Commission for the remainder of the term for which that person was appointed President.

Marginal note:Other members of Commission

 Each person who holds office as a member of the Board immediately before the commencement day continues in office as a member of the Commission for the remainder of the term for which the person was appointed.

Marginal note:Rights and obligations transferred

  •  (1) All rights and property of Her Majesty in right of Canada that are under the administration and control of the Board and all obligations and liabilities of the Board are hereby transferred to the Commission.

  • Marginal note:References

    (2) Every reference to the Board in a deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to the Commission.

  • Marginal note:Closing out affairs

    (3) The Minister may do and perform all acts and things necessary for or incidental to closing out the affairs of the Board.

Marginal note:Commencement of legal proceedings

  •  (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Board, or in the closing out of the affairs of the Board, may be brought against the Commission in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board.

  • Marginal note:Continuation of legal proceedings

    (2) Any action, suit or other legal proceeding to which the Board is party pending in any court immediately before the commencement day may, on that day, be continued by or against the Commission in the like manner and to the same extent as it could have been continued by or against the Board.

  • Marginal note:Pending proceedings

    (3) Proceedings pending before the Board immediately before the commencement day shall be taken up and continued before the Commission under and in accordance with this Act.

Marginal note:Transfer of staff

  •  (1) Every person who, immediately before the commencement day, was an officer or employee of the Board becomes, on that day, an officer or employee, as the case may be, of the Commission.

  • Marginal note:Deemed appointment

    (2) Every person to whom subsection (1) applies shall be deemed to have been appointed in accordance with subsection 16(1).

  • Marginal note:No severance pay

    (3) For greater certainty, nothing in subsection (1) shall be construed as entitling any person to severance pay.

  • Marginal note:Period of service

    (4) A person to whom subsection (1) applies shall be deemed, while an officer or employee of the Board, to have been employed in the Public Service for the purpose of determining the person’s entitlement to leave or any other employment benefit.

Marginal note:Licences

 A licence that is issued pursuant to regulations made under paragraph 9(b) of the Atomic Energy Control Act and that is in force immediately before the commencement day is deemed to have been issued under section 24 of this Act and to be in force for the remainder of the period for which it was issued under the Atomic Energy Control Act and any fees paid or payable under the AECB Cost Recovery Fees Regulations, 1996 in respect of such a licence are deemed to be paid or payable, as the case may be, under this Act.

  • 1997, c. 9, s. 80
  • 2015, c. 3, s. 136

Marginal note:Certificates, etc.

 A certificate, approval, endorsement, authorization, designation, permit or specification issued pursuant to the Atomic Energy Control Act or any regulation made under that Act is deemed to have been issued pursuant to regulations made under this Act and to be in force for the remainder of the period for which it was issued under that Act or those regulations.

 [Repealed, 2015, c. 4, s. 126]

Consequential Amendments

 [Amendments]

 [Repealed, 1997, c. 9, s. 125]

 
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