General Nuclear Safety and Control Regulations (SOR/2000-202)

Regulations are current to 2019-07-01 and last amended on 2015-06-12. Previous Versions

Licences (continued)

Application for Renewal of Licence

 An application for the renewal of a licence shall contain

  • (a) the information required to be contained in an application for that licence by the applicable regulations made under the Act; and

  • (b) a statement identifying the changes in the information that was previously submitted.

Application for Amendment, Revocation or Replacement of Licence

 An application for the amendment, revocation or replacement of a licence shall contain the following information:

  • (a) a description of the amendment, revocation or replacement and of the measures that will be taken and the methods and procedures that will be used to implement it;

  • (b) a statement identifying the changes in the information contained in the most recent application for the licence;

  • (c) a description of the nuclear substances, land, areas, buildings, structures, components, equipment and systems that will be affected by the amendment, revocation or replacement and of the manner in which they will be affected; and

  • (d) the proposed starting date and the expected completion date of any modification encompassed by the application.

Incorporation of Material in Application

 An application for a licence or for the renewal, suspension in whole or in part, amendment, revocation or replacement of a licence may incorporate by reference any information that is included in a valid, expired or revoked licence.

Renewal, Suspension, Amendment, Revocation or Replacement of Licence on Commission’s Own Motion

  •  (1) For the purpose of section 25 of the Act, the Commission may renew a licence on its own motion if failure to renew the licence could pose an unreasonable risk to the environment, the health and safety of persons or national security.

  • (2) For the purpose of section 25 of the Act, the Commission may, on its own motion, suspend in whole or in part, amend, revoke or replace a licence under any of the following conditions:

    • (a) the licensee is not qualified to carry on the licensed activity;

    • (b) the licensed activity poses an unreasonable risk to the environment, the health and safety of persons or the maintenance of national security;

    • (c) the licensee has failed to comply with the Act, the regulations made under the Act or the licence;

    • (d) the licensee has been convicted of an offence under the Act;

    • (e) a record referred to in the licence has been modified in a manner not permitted by the licence;

    • (f) the licensee no longer carries on the licensed activity;

    • (g) the licensee has not paid the licence fee prescribed by the Cost Recovery Fees Regulations; or

    • (h) failure to do so could pose an unreasonable risk to the environment, the health and safety of persons or national security.

  • SOR/2007-208, s. 1

Exemptions

Exemptions from Licence Requirement for Inspectors, Designated Officers and Peace Officers

  •  (1) An inspector, a designated officer or a peace officer may carry on any of the following activities without a licence to carry on that activity if the activity is carried on by that person to enforce the Act or the regulations made under the Act:

    • (a) possess, transfer, transport or store a nuclear substance; and

    • (b) possess or transfer prescribed equipment or prescribed information.

  • (2) An inspector or a designated officer may service prescribed equipment without a licence to carry on that activity if the servicing is carried on by that person to enforce the Act or the regulations made under the Act.

  • (3) For greater certainty, the exemptions established in subsections (1) and (2) relate only to the activities specified in those subsections and do not derogate from the licence requirement imposed by section 26 of the Act in relation to other activities.

  • (4) Every person who carries on an activity without a licence in accordance with subsection (1) or (2) shall immediately notify the Commission of that fact.

Exemption of Naturally Occurring Nuclear Substances

 Naturally occurring nuclear substances, other than those that are or have been associated with the development, production or use of nuclear energy, are exempt from the application of all provisions of the Act and the regulations made under the Act except the following:

  • (a) the provisions that govern the transport of nuclear substances;

  • (b) in the case of a nuclear substance listed in the schedule to the Nuclear Non-proliferation Import and Export Control Regulations, the provisions that govern the import and export of nuclear substances.

  • SOR/2003-405, s. 1
  • SOR/2015-145, s. 44

Exemption by the Commission

 For the purpose of section 7 of the Act, the Commission may grant an exemption if doing so will not

  • (a) pose an unreasonable risk to the environment or the health and safety of persons;

  • (b) pose an unreasonable risk to national security; or

  • (c) result in a failure to achieve conformity with measures of control and international obligations to which Canada has agreed.

Obligations

Obligations of Licensees

  •  (1) Every licensee shall

    • (a) ensure the presence of a sufficient number of qualified workers to carry on the licensed activity safely and in accordance with the Act, the regulations made under the Act and the licence;

    • (b) train the workers to carry on the licensed activity in accordance with the Act, the regulations made under the Act and the licence;

    • (c) take all reasonable precautions to protect the environment and the health and safety of persons and to maintain the security of nuclear facilities and of nuclear substances;

    • (d) provide the devices required by the Act, the regulations made under the Act and the licence and maintain them within the manufacturer’s specifications;

    • (e) require that every person at the site of the licensed activity use equipment, devices, clothing and procedures in accordance with the Act, the regulations made under the Act and the licence;

    • (f) take all reasonable precautions to control the release of radioactive nuclear substances or hazardous substances within the site of the licensed activity and into the environment as a result of the licensed activity;

    • (g) implement measures for alerting the licensee to the illegal use or removal of a nuclear substance, prescribed equipment or prescribed information, or the illegal use of a nuclear facility;

    • (h) implement measures for alerting the licensee to acts of sabotage or attempted sabotage anywhere at the site of the licensed activity;

    • (i) take all necessary measures to facilitate Canada’s compliance with any applicable safeguards agreement;

    • (j) instruct the workers on the physical security program at the site of the licensed activity and on their obligations under that program; and

    • (k) keep a copy of the Act and the regulations made under the Act that apply to the licensed activity readily available for consultation by the workers.

  • (2) Every licensee who receives a request from the Commission or a person who is authorized by the Commission for the purpose of this subsection, to conduct a test, analysis, inventory or inspection in respect of the licensed activity or to review or to modify a design, to modify equipment, to modify procedures or to install a new system or new equipment shall file, within the time specified in the request, a report with the Commission that contains the following information:

    • (a) confirmation that the request will or will not be carried out or will be carried out in part;

    • (b) any action that the licensee has taken to carry out the request or any part of it;

    • (c) any reasons why the request or any part of it will not be carried out;

    • (d) any proposed alternative means to achieve the objectives of the request; and

    • (e) any proposed alternative period within which the licensee proposes to carry out the request.

  • SOR/2007-208, s. 2

Transfers

 No licensee shall transfer a nuclear substance, prescribed equipment or prescribed information to a person who does not hold the licence, if any, that is required to possess the nuclear substance, prescribed equipment or prescribed information by the Act and the regulations made under the Act.

Notice of Licence

  •  (1) Every licensee other than a licensee who is conducting field operations shall post, at the location specified in the licence or, if no location is specified in the licence, in a conspicuous place at the site of the licensed activity,

    • (a) a copy of the licence, with or without the licence number, and a notice indicating the place where any record referred to in the licence may be consulted; or

    • (b) a notice containing

      • (i) the name of the licensee,

      • (ii) a description of the licensed activity,

      • (iii) a description of the nuclear substance, nuclear facility or prescribed equipment encompassed by the licence, and

      • (iv) a statement of the location of the licence and any record referred to in it.

  • (2) Every licensee who is conducting field operations shall keep a copy of the licence at the place where the field operations are being conducted.

  • (3) Subsections (1) and (2) do not apply to a licensee in respect of

    • (a) a licence to import or export a nuclear substance, prescribed equipment or prescribed information;

    • (b) a licence to transport a nuclear substance; or

    • (c) a licence to abandon a nuclear substance, a nuclear facility, prescribed equipment or prescribed information.

 
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