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

Act current to 2019-06-20 and last amended on 2017-01-01. Previous Versions

Canadian Nuclear Safety Commission (continued)

Members

Marginal note:Constitution

  •  (1) The Commission consists of not more than seven permanent members to be appointed by the Governor in Council.

  • Marginal note:Temporary members

    (2) Notwithstanding subsection (1), the Governor in Council may appoint temporary members of the Commission whenever, in the opinion of the Governor in Council, it is necessary to do so.

  • Marginal note:President

    (3) The Governor in Council shall designate one of the permanent members to hold office as President.

  • Marginal note:Full- or part-time members

    (4) The President is a full-time member of the Commission and the other members may be appointed as full-time or part-time members.

  • Marginal note:Tenure and term of appointment

    (5) Each permanent member holds office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor in Council for cause.

  • Marginal note:Temporary members

    (6) Each temporary member holds office during good behaviour for a term not exceeding three years.

  • Marginal note:Re-appointment

    (7) A member is eligible to be re-appointed to the Commission in the same or another capacity.

  • 1997, c. 9, s. 10
  • 2012, c. 19, s. 123

Marginal note:Conflict of interest

  •  (1) A member shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member’s duties.

  • Marginal note:Termination of conflict of interest

    (2) A member who becomes aware that the member is in a conflict of interest contrary to subsection (1) shall, within one hundred and twenty days, terminate the conflict or resign from the Commission.

President

Marginal note:Duties of President

  •  (1) The President is the chief executive officer of the Commission and has supervision over and direction of the work of the members and officers and employees of the Commission, including the apportionment of work among the members and, where the Commission sits in a panel, the assignment of a member or members to the panel and of a member to preside over the panel.

  • Marginal note:Absence, etc. of President

    (2) If the President is absent or incapacitated or if the office of President is vacant, such other member as may be designated by the Commission has all the powers and functions of the President during the absence, incapacity or vacancy, but no person may so act for a period exceeding ninety days without the approval of the Governor in Council.

  • Marginal note:Delegation

    (3) The President may delegate any of the powers delegated to the President pursuant to subsection 16(2) or 17(2) to any officer or employee of the Commission.

  • Marginal note:Reports

    (4) Subject to the regulations made pursuant to paragraph 44(1)(d), the President shall make such reports to the Minister as the Minister may require concerning the general administration and management of the affairs of the Commission and such of these reports as the Minister may direct shall form part of the report referred to in section 72.

Remuneration and Expenses

Marginal note:Remuneration

 Each member and each former member to whom subsection 23(2) applies shall be paid such remuneration and allowances as are fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the course of the member’s or former member’s duties under this Act while absent from, in the case of a full-time member or former member, their ordinary place of work and, in the case of a part-time member or former member, their ordinary place of residence.

Meetings

Marginal note:Meetings

  •  (1) The Commission may meet for the conduct of its affairs at such times and in such places as are established by by-law of the Commission.

  • Marginal note:Telephone conferences

    (2) A member may, subject to the by-laws of the Commission, participate in a meeting of the Commission by means of a telephone or other communication device that permits all persons participating in the meeting to hear one another, and a member who participates in a meeting by those means is deemed, for the purposes of this Act, to be present at the meeting.

By-laws

Marginal note:By-laws

 The Commission may make by-laws respecting the management and conduct of its affairs and to meet its objects and carry out its duties under this Act and may, without limiting the generality of the foregoing, make by-laws

  • (a) respecting the calling of meetings of the Commission;

  • (b) respecting generally the carrying on of the work of the Commission, including establishing the number of members that constitutes a quorum of the Commission or of a panel of the Commission; and

  • (c) determining the procedures to be followed in proceedings other than those for which rules are otherwise prescribed.

Officers, Employees and Contractors

Marginal note:Employment of staff

  •  (1) The Commission may, notwithstanding any other Act of Parliament, appoint and employ such professional, scientific, technical or other officers or employees as it considers necessary for the purposes of this Act and may establish the terms and conditions of their employment and, in consultation with the Treasury Board, fix their remuneration.

  • Marginal note:Delegation to President

    (2) The Commission may delegate to the President any of the powers conferred on it by subsection (1).

  • Marginal note:Compensation

    (3) The members, officers and employees of the Commission are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

  • 1997, c. 9, s. 16
  • 2002, c. 17, s. 22
  • 2003, c. 22, s. 224(E)

Marginal note:Technical assistance

  •  (1) The Commission may enter into contracts for the services of any persons having technical or specialized knowledge of any matter relating to the work of the Commission, to advise and assist the Commission in the exercise or performance of any of its powers, duties or functions under this Act, and those persons shall receive such payment for their services and such expenses as are fixed by the Commission.

  • Marginal note:Delegation to President

    (2) The Commission may delegate to the President any of the powers conferred on it by subsection (1).

  • 1997, c. 9, s. 17
  • 2002, c. 17, s. 23

Civil Liability

Marginal note:Immunity

  •  (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

  •  (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

Powers

Marginal note:Court of record

  •  (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.

 
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