Nuclear Safety and Control Act

Marginal note:Commission to provide opportunity to be heard

• 40 (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;

  • (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, and the licensee, before confirming a decision not to renew, amend, revoke or replace, a licence 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.