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

Obligations (continued)

Representatives of Applicants and Licensees

 Every applicant for a licence and every licensee shall notify the Commission of

  • (a) the persons who have authority to act for them in their dealings with the Commission;

  • (b) the names and position titles of the persons who are responsible for the management and control of the licensed activity and the nuclear substance, nuclear facility, prescribed equipment or prescribed information encompassed by the licence; and

  • (c) any change in the information referred to in paragraphs (a) and (b), within 15 days after the change occurs.

Publication of Health and Safety Information

  •  (1) Every licensee shall make available to all workers the health and safety information with respect to their workplace that has been collected by the licensee in accordance with the Act, the regulations made under the Act and the licence.

  • (2) Subsection (1) does not apply in respect of personal dose records and prescribed information.

Obligations of Workers

 Every worker shall

  • (a) use equipment, devices, facilities and clothing for protecting the environment or the health and safety of persons, or for determining doses of radiation, dose rates or concentrations of radioactive nuclear substances, in a responsible and reasonable manner and in accordance with the Act, the regulations made under the Act and the licence;

  • (b) comply with the measures established by the licensee to protect the environment and the health and safety of persons, maintain security, control the levels and doses of radiation, and control releases of radioactive nuclear substances and hazardous substances into the environment;

  • (c) promptly inform the licensee or the worker’s supervisor of any situation in which the worker believes there may be

    • (i) a significant increase in the risk to the environment or the health and safety of persons,

    • (ii) a threat to the maintenance of the security of nuclear facilities and of nuclear substances or an incident with respect to such security,

    • (iii) a failure to comply with the Act, the regulations made under the Act or the licence,

    • (iv) an act of sabotage, theft, loss or illegal use or possession of a nuclear substance, prescribed equipment or prescribed information, or

    • (v) a release into the environment of a quantity of a radioactive nuclear substance or hazardous substance that has not been authorized by the licensee;

  • (d) observe and obey all notices and warning signs posted by the licensee in accordance with the Radiation Protection Regulations; and

  • (e) take all reasonable precautions to ensure the worker’s own safety, the safety of the other persons at the site of the licensed activity, the protection of the environment, the protection of the public and the maintenance of the security of nuclear facilities and of nuclear substances.

  • SOR/2007-208, s. 3

Presentation of Licence to Customs Officer

 On importing or exporting a nuclear substance, prescribed equipment or prescribed information, the licensee shall present the required import or export licence to a customs officer.

Prescribed Nuclear Facilities

 The following facilities are prescribed as nuclear facilities for the purpose of paragraph (i) of the definition nuclear facility in section 2 of the Act:

  • (a) a facility for the management, storage or disposal of waste containing radioactive nuclear substances at which the resident inventory of radioactive nuclear substances contained in the waste is 1015 Bq or more;

  • (b) a plant for the production of deuterium or deuterium compounds using hydrogen sulphide; and

  • (c) a Class II nuclear facility, as defined in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations.

  • SOR/2008-119, s. 3

Prescribed Equipment

 Each of the following items is prescribed equipment for the purposes of the Act:

  • SOR/2003-405, s. 2
  • SOR/2015-145, s. 45

Prescribed Information

Prescription

  •  (1) Information that concerns any of the following, including a record of that information, is prescribed information for the purposes of the Act:

    • (a) a nuclear substance that is required for the design, production, use, operation or maintenance of a nuclear weapon or nuclear explosive device, including the properties of the nuclear substance;

    • (b) the design, production, use, operation or maintenance of a nuclear weapon or nuclear explosive device;

    • (c) the security arrangements, security equipment, security systems and security procedures established by a licensee in accordance with the Act, the regulations made under the Act or the licence, and any incident relating to security; and

    • (d) the route or schedule for the transport of Category I, II or III nuclear material, as defined in section 1 of the Nuclear Security Regulations.

  • (2) Information that is made public in accordance with the Act, the regulations made under the Act or a licence is not prescribed information for the purposes of the Act.

  • SOR/2007-208, s. 4(E)

Exemptions from Licence Requirement

  •  (1) The following persons may possess, transfer, import, export or use prescribed information without a licence to carry on that activity:

    • (a) a minister, employee or other person acting on behalf of or under the direction of the Government of Canada, the government of a province or any of their agencies, for the purpose of assisting themselves in exercising a power or performing a duty or function lawfully conferred or imposed on them; and

    • (b) an official of a foreign government or an international agency, for the purpose of meeting obligations imposed by an arrangement made between the Government of Canada and the foreign government or international agency.

  • (2) The following persons may possess, transfer or use prescribed information without a licence to carry on that activity:

    • (a) a worker, for the purpose of enabling the worker to perform duties assigned by the licensee; and

    • (b) a person who is legally required or legally authorized to obtain or receive the information.

  • (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.

Transfer and Disclosure

  •  (1) No person shall transfer or disclose prescribed information unless the person

    • (a) is legally required to do so; or

    • (b) transfers or discloses it to

      • (i) a minister, employee or other person acting on behalf or under the direction of the Government of Canada, the government of a province or any of their agencies, for the purpose of assisting themselves in exercising a power or performing a duty or function lawfully conferred or imposed on them,

      • (ii) an official of a foreign government or an international agency, for the purpose of meeting obligations imposed by an arrangement made between the Government of Canada and the foreign government or international agency,

      • (iii) a worker, for the purpose of enabling the worker to perform duties assigned by the licensee, or

      • (iv) a person who is legally required or legally authorized to obtain or receive the information.

  • (2) A person who possesses or has knowledge of prescribed information shall take all necessary precautions to prevent any transfer or disclosure of the prescribed information that is not authorized by the Act and the regulations made under the Act.

 
Date modified: