Nuclear Safety and Control Act

Marginal note:Appeal to the Commission

• 43 (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;

  • (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; 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;

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

  • (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 or replace a licence, confirm the decision or issue, renew, amend, revoke or replace the licence;

  • (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.