Canadian Nuclear Safety Commission Rules of Procedure (SOR/2000-211)

Redetermination on Commission's Own Initiative

• 31 (1) This rule and rule 32 apply in respect of a redetermination by the Commission, on its own initiative, of any decision or order or term or condition of a licence, under subsection 43(3) of the Act.

• (2) Where the Commission proposes to make a redetermination referred to in subrule (1), the Commission shall send a notice of redetermination to those persons who were participants in the matter being redetermined.

• (3) The notice of redetermination shall include the following information:

  • (a) the basis for the proposed redetermination;

  • (b) a statement of the powers that the Commission might exercise under subsection 43(4) of the Act;

  • (c) a statement of whether the Commission intends to redetermine the matter by way of public hearing or written submissions or by another manner that will enable the Commission to determine the matter before it in a fair, informal and expeditious manner;

  • (d) a description of the manner in which a party and any other person participating may present information, evidence and submissions to the Commission;

  • (e) the date, place and time limits for giving or presenting information and written submissions; and

  • (f) the names and addresses of the persons to whom copies of the information and written submissions must be sent.

Decision

32 The Commission shall give notice of its decision in respect of the matter that has been the subject of an appeal or rehearing and redetermination by sending a copy of the decision to the parties and any other person who intervened in the proceedings.

PART 6Orders of Inspectors and Designated Officers

Making of Orders

• 33 (1) Before making an order under section 35 or paragraph 37(2)(f) of the Act, an inspector or a designated officer, as the case may be, shall inform, either orally or in writing, the person to whom the order is given of its nature and the basis for it, as well as any proposed time limit for compliance.

• (2) The inspector or designated officer shall give the order referred to in subrule (1) in writing.

Proceedings to Confirm, Amend, Revoke or Replace an Order

• 34 (1) As soon as practicable and, in any event, not later than 10 days after an inspector or a designated officer, as the case may be, gives an order under subrule 33(2), the inspector or designated officer shall refer it to the Commission for confirmation, amendment, revocation or replacement in accordance with subsection 35(3) or 37(6) of the Act, as the case may be.

• (2) Where the Commission acts under subsection 35(3) of the Act or a designated officer is authorized by the Commission to act under paragraph 37(2)(g) of the Act, the Commission or designated officer, as the case may be, shall notify the persons named in or subject to the order of

  • (a) their opportunity to be heard under paragraph 39(1)(c) or 40(1)(c) or (d) of the Act, as the case may be; and

  • (b) the requirement that those persons who intend to present information and submissions in respect of the order so notify the Commission or designated officer within 10 days after receipt of the notice.

• (3) As soon as practicable after receiving a notice referred to in paragraph (2)(b), the Commission or designated officer shall notify the person giving the notice

  • (a) of the manner in which and time when the person may be heard; and

  • (b) of the format in which the information and submissions are required to be filed with the Commission or designated officer and sent to other parties and the time limits for filing and sending the information and submissions, as well as the names and addresses of the other parties.

• (4) A decision by the Commission or designated officer, as the case may be, to confirm, amend, revoke or replace an order shall be in writing and must be sent, within 10 days after being made, to the persons who are named in or subject to the decision, and to any other persons who intervened in the proceeding.

Appeal or Redetermination of an Order

• 35 (1) This rule and rule 36 apply in respect of

  • (a) an appeal, under subsection 43(1) of the Act, of a confirmation, amendment, revocation or replacement, by a designated officer, of an order of an inspector; and

  • (b) a rehearing and redetermination, by the Commission,

    • (i) under paragraph 43(2)(e) of the Act, of an order of the Commission, and

    • (ii) under paragraph 43(2)(f) of the Act, of a confirmation, amendment, revocation or replacement by the Commission, of an order of an inspector or a designated officer.

• (2) An appeal or an application for a redetermination referred to in subrule (1) may be made by sending to the Commission a notice that includes the following information:

  • (a) a reference to the paragraph of subsection 43(1) or (2) of the Act under which the appeal or application is being made;

  • (b) a reference to the order that is the subject of the appeal or application;

  • (c) the grounds for the appeal or application, including, in the case of an appeal, a statement showing how the appellant is directly affected by the order being appealed;

  • (d) a statement of the action that the appellant or applicant submits that the Commission should take under subsection 43(4) of the Act;

  • (e) a statement indicating whether or not the appellant or applicant wishes to present new evidence;

  • (f) a description of the manner in which the appellant or applicant proposes to participate in the proceeding;

  • (g) the name, address and telephone and facsimile numbers of the appellant or applicant; and

  • (h) a statement indicating whether the appellant or applicant intends to be represented by counsel or an agent and, if so, the name, address and telephone and facsimile numbers of the counsel or agent.

• (3) After receiving the information referred to in subrule (2), the Commission shall decide whether the appeal or redetermination will be by way of public hearing under paragraph 40(5)(b) of the Act or written submissions or by another manner that will enable the Commission to determine the matter before it in a fair, informal and expeditious manner.

• (4) After determining the manner in which the appeal or redetermination will be considered, the Commission shall send to the appellant or applicant and to those persons who were participants in the proceeding related to the order being appealed or redetermined, a notice that includes

  • (a) a description of the manner in which the redetermination will be considered and a description of the manner in which the appellant or applicant and any other participant may present information, evidence and submissions to the Commission;

  • (b) the date, place and time limits for giving or presenting information and submissions; and

  • (c) the names and addresses of the persons to whom copies of the information and written submissions must be sent.

Decision

36 The Commission shall give notice of its decision in respect of the matter that has been the subject of appeal or rehearing and redetermination by sending a copy of the decision to the parties and to any other persons who intervened in the proceeding.

PART 7Hearing for Contaminated Places

Notice of Public Hearing

• 37 (1) Where the Commission proposes, under subsection 46(1) of the Act, to conduct a public hearing in respect of contamination by a radioactive nuclear substance at any place, the Commission shall send a notice of public hearing, at least 60 days before the beginning of the hearing, to

  • (a) the owner and the occupant of the place; and

  • (b) any person who has a right to, or interest in, the place, where the right or interest is set out in the registry of the land registry office or other office where title to the land in which the place is located is recorded.

• (2) The Commission shall also give a notice to the public at least 60 days before the start of the public hearing in any manner that the Commission considers will most likely result in the notice coming to the attention of persons interested in the matter being considered.

• (3) The notices referred to in subrules (1) and (2) shall include, where applicable, the following information:

  • (a) the Commission's reasons for believing that there is contamination in excess of the prescribed limit by a radioactive nuclear substance at the place;

  • (b) the date, time and place of the public hearing;

  • (c) the requirement that persons referred to in paragraph (1)(a) or (b) who intend to participate in the hearing must so notify the Commission in accordance with rule 18;

  • (d) the manner in which persons may request to intervene, as set out in rule 19;

  • (e) the actions the Commission may take, following the hearing, under subsections 46(2) and (3) of the Act; and

  • (f) the names and addresses of persons to whom copies of any information and written submissions filed or to be filed with the Commission, for consideration at the hearing, must be sent.

 Determination

• 38 (1) The Commission shall send a written notice of its determination to the persons referred to in subrule 37(1) in respect of the matter that was the subject of the public hearing.

• (2) Where the Commission determines that there is contamination in excess of the prescribed limit, the notice shall include

  • (a) a description and the amount of the contamination that is present at the place;

  • (b) a statement that a notice of contamination will be filed in accordance with subsection 46(2) of the Act; and

  • (c) where the Commission intends to issue an order to reduce the level of contamination in accordance with subsection 46(3) of the Act, a statement to that effect, or, where an order has already been issued, a copy of the order.

Notice of Contamination

39 A notice of contamination referred to in subsection 46(2) of the Act shall include a description of the place that is the subject of the notice and a description of the contamination that is present at the place.

Notice of Order

40 An order in relation to the contamination of a place that is made by the Commission under subsection 46(3) of the Act shall be sent to those persons to whom a notice of contamination was sent and shall include the following information:

• (a) a description of the place that is the subject of the order and of the contamination that is present at that place;

• (b) a description of the particular prescribed measures that are required to be taken to reduce the level of contamination; and

• (c) any time limit for complying with the order.

PART 8Hearing where Place No Longer Contaminated

Notice of Public Hearing

• 41 (1) Where the Commission intends, under subsection 46(4) of the Act, to conduct a public hearing to determine whether contamination by a radioactive nuclear substance at any place is no longer present, the Commission shall send a notice of public hearing, at least 60 days before the beginning of the hearing, to

  • (a) the owner and the occupant of the place;

  • (b) any person who has a right to, or interest in, the place, where the right or interest is set out in the registry of the land registry office or other office where title to the land in which the place is located is recorded; and

  • (c) any other person to whom a notice of public hearing was sent under subrule 37(1).

• (2) The notice shall include, where applicable, the following information:

  • (a) the Commission's reasons for believing that there no longer is contamination in excess of the prescribed limit by a radioactive nuclear substance at the place;

  • (b) the time limits for filing information and written submissions with the Commission;

  • (c) the date, time and place of the public hearing;

  • (d) the action the Commission may take, following the hearing, pursuant to subsection 46(5) of the Act; and

  • (e) the names and addresses of persons to whom copies of any information and written submissions filed or to be filed with the Commission, for consideration at the hearing, must be sent.

Determination

• 42 (1) The Commission shall send a notice of its determination in respect of a matter that was the subject of the public hearing to the persons referred to in subrule 41(1) within 30 days after making the determination.

• (2) The notice shall include, where the Commission determines that there no longer is contamination in excess of the prescribed limit, a description and the amount of the contamination, if any, that is still present at the place.

PART 9Notice of Emergency Order

43 A notice of an emergency order given under subsection 47(2) of the Act shall be sent in accordance with rule 7 to every person named in or subject to it, and shall include

• (a) a copy of the order; and

• (b) any time limit for complying with the order.

PART 10Court Orders

Publication of Facts

44 Where a court, pursuant to paragraph 60(1)(c) of the Act, orders an offender to publish the facts relating to a conviction, the offender shall publish them in two editions of any newspaper specified in the order, at an interval of not less than one week and not more than two months between publications.