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

Transfer and Disclosure

• 23 (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.

Contamination

Prescribed Limits

24 For the purposes of paragraph 45(a) and subsection 46(1) of the Act, the prescribed limit of contamination for a place or vehicle where no licensed activity is being carried on is any quantity of a radioactive nuclear substance that may, based on the circumstances, increase a person’s effective dose by 1 mSv or more per year in excess of the background radiation for the place or vehicle.

Prescribed Public Offices

25 For the purpose of subsection 46(2) of the Act, a municipal office, a public library and a public community centre are prescribed public offices.

Prescribed Measures

26 For the purpose of subsection 46(3) of the Act, the prescribed measures to reduce the level of contamination are any measures to control access to or clean the place, or to cover or remove the contamination, that are appropriate for the substance and location and that will reduce the level of contamination to below the limit prescribed by section 24.

Records and Reports

Record of Licence Information

27 Every licensee shall keep a record of all information relating to the licence that is submitted by the licensee to the Commission.

Retention and Disposal of Records

• 28 (1) Every person who is required to keep a record by the Act, the regulations made under the Act or a licence shall retain the record for the period specified in the applicable regulations made under the Act or, if no period is specified in the regulations, for the period ending one year after the expiry of the licence that authorizes the activity in respect of which the records are kept.

• (2) No person shall dispose of a record referred to in the Act, the regulations made under the Act or a licence unless the person

  • (a) is no longer required to keep the record by the Act, the regulations made under the Act or the licence; and

  • (b) has notified the Commission of the date of disposal and of the nature of the record at least 90 days before the date of disposal.

• (3) A person who notifies the Commission in accordance with subsection (2) shall file the record, or a copy of the record, with the Commission at its request.

General Reports

• 29 (1) Every licensee who becomes aware of any of the following situations shall immediately make a preliminary report to the Commission of the location and circumstances of the situation and of any action that the licensee has taken or proposes to take with respect to it:

  • (a) a situation referred to in paragraph 27(b) of the Act;

  • (b) the occurrence of an event that is likely to result in the exposure of persons to radiation in excess of the applicable radiation dose limits prescribed by the Radiation Protection Regulations;

  • (c) a release, not authorized by the licence, of a quantity of radioactive nuclear substance into the environment;

  • (d) a situation or event that requires the implementation of a contingency plan in accordance with the licence;

  • (e) an attempted or actual breach of security or an attempted or actual act of sabotage at the site of the licensed activity;

  • (f) information that reveals the incipient failure, abnormal degradation or weakening of any component or system at the site of the licensed activity, the failure of which could have a serious adverse effect on the environment or constitutes or is likely to constitute or contribute to a serious risk to the health and safety of persons or the maintenance of security;

  • (g) an actual, threatened or planned work disruption by workers;

  • (h) a serious illness or injury incurred or possibly incurred as a result of the licensed activity;

  • (i) the death of any person at a nuclear facility; or

  • (j) the occurrence of any of the following events:

    • (i) the making of an assignment by or in respect of the licensee under the Bankruptcy and Insolvency Act,

    • (ii) the making of a proposal by or in respect of the licensee under the Bankruptcy and Insolvency Act,

    • (iii) the filing of a notice of intention by the licensee under the Bankruptcy and Insolvency Act,

    • (iv) the filing of a petition for a receiving order against the licensee under the Bankruptcy and Insolvency Act,

    • (v) the enforcement by a secured creditor of a security on all or substantially all of the inventory, accounts receivable or other property of the licensee that was acquired for, or used in relation to, a business carried on by the licensee,

    • (vi) the filing in court by the licensee of an application to propose a compromise or an arrangement with its unsecured creditors or any class of them under section 4 of the Companies’ Creditors Arrangement Act,

    • (vii) the filing in court by the licensee of an application to propose a compromise or an arrangement with its secured creditors or any class of them under section 5 of the Companies’ Creditors Arrangement Act,

    • (viii) the making of an application for a winding-up order by or in respect of the licensee under the Winding-up and Restructuring Act,

    • (ix) the making of a liquidation, bankruptcy, insolvency, reorganization or like order in respect of the licensee under provincial or foreign legislation, or

    • (x) the making of a liquidation, bankruptcy, insolvency, reorganization or like order in respect of a body corporate that controls the licensee under provincial or foreign legislation.

• (2) Every licensee who becomes aware of a situation referred to in subsection (1) shall file a full report of the situation with the Commission within 21 days after becoming aware of it, unless some other period is specified in the licence, and the report shall contain the following information:

  • (a) the date, time and location of becoming aware of the situation;

  • (b) a description of the situation and the circumstances;

  • (c) the probable cause of the situation;

  • (d) the effects on the environment, the health and safety of persons and the maintenance of security that have resulted or may result from the situation;

  • (e) the effective dose and equivalent dose of radiation received by any person as a result of the situation; and

  • (f) the actions that the licensee has taken or proposes to take with respect to the situation.

• (3) Subsections (1) and (2) do not require a licensee to report a situation referred to in paragraphs (1)(a) to (j) if the licence contains a term or condition requiring the licensee to report that situation, or any situation of that nature, to the Commission.

Safeguards Reports

• 30 (1) Every licensee who becomes aware of any of the following situations shall immediately make a preliminary report to the Commission of the situation and of any action that the licensee has taken or proposes to take with respect to it:

  • (a) interference with or an interruption in the operation of safeguards equipment or the alteration, defacement or breakage of a safeguards seal, other than in accordance with the safeguards agreement, the Act, the regulations made under the Act or the licence; and

  • (b) the theft, loss or sabotage of safeguards equipment or samples collected for the purpose of a safeguards inspection, damage to such equipment or samples, or the illegal use, possession, operation or removal of such equipment or samples.

• (2) Every licensee who becomes aware of a situation referred to in subsection (1) shall file a full report of the situation with the Commission within 21 days after becoming aware of it, unless some other period is specified in the licence, and the report shall contain the following information:

  • (a) the date, time and location of becoming aware of the situation;

  • (b) a description of the situation and the circumstances;

  • (c) the probable cause of the situation;

  • (d) the adverse effects on the environment, the health and safety of persons and the maintenance of national and international security that have resulted or may result from the situation;

  • (e) the effective dose and equivalent dose of radiation received by any person as a result of the situation; and

  • (f) the actions that the licensee has taken or proposes to take with respect to the situation.

Report of Deficiency in Record

• 31 (1) Every licensee who becomes aware of an inaccuracy or incompleteness in a record that the licensee is required to keep by the Act, the regulations made under the Act or the licence shall file a report of the inaccuracy or incompleteness with the Commission within 21 days after becoming aware of it, and the report shall contain the following information:

  • (a) the details of the inaccuracy or incompleteness; and

  • (b) any action that the licensee has taken or proposes to take with respect to the inaccuracy or incompleteness.

• (2) Subsection (1) does not apply to a licensee if

  • (a) the licence contains a term or condition that requires the licensee to report inaccuracies or incompleteness in a record to the Commission; or

  • (b) the inaccuracy or incompleteness in the record could not reasonably be expected to lead to a situation in which the environment, the health and safety of persons or national security is adversely affected.

Filing of Reports

• 32 (1) Every report shall include the name and address of its sender and the date on which it was completed.

• (2) The date of filing of a report is the date on which it is received by the Commission.

Inspectors and Designated Officers

Certificate of Inspector

33 An inspector’s certificate issued under section 29 of the Act shall be in the form set out in the schedule and shall include, in addition to the information required by subsection 29(2) of the Act,

• (a) the name and signature of the inspector;

• (b) a photograph showing the face of the inspector;

• (c) the name of the employer of the inspector;

• (d) a statement of designation;

• (e) the name, position and signature of the person who issued the certificate; and

• (f) the expiry date of the certificate.

Certificate of Designated Officer

34 A designated officer’s certificate issued under section 37 of the Act shall include, in addition to the information required by subsection 37(1) of the Act,

• (a) the name and position or title of the designated officer;

• (b) the name of the employer of the designated officer;

• (c) a statement of designation;

• (d) the name, position and signature of the person who issued the certificate; and

• (e) the expiry date of the certificate.

Notification and Surrender of Certificate

• 35 (1) An inspector and a designated officer shall notify the Commission of any of the following situations:

  • (a) the loss or theft of their certificate;

  • (b) any change in their employment that results in their no longer exercising a function that relates to the purpose of the certificate; and

  • (c) the suspension or termination of their employment with the employer named in the certificate.

• (2) An inspector and a designated officer shall surrender their certificate to the Commission

  • (a) if the information contained in the certificate is not accurate;

  • (b) when the certificate expires; or

  • (c) on termination by the Commission of their designation as an inspector or a designated officer, as the case may be.