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Nuclear Substances and Radiation Devices Regulations

Version of section 38 from 2008-04-17 to 2024-04-01:

  •  (1) Every licensee who possesses or uses a nuclear substance or a radiation device and becomes aware of any of the following situations shall notify the Commission immediately 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) the nuclear substance or the radiation device is lost or stolen;

    • (b) the radiation device is damaged to an extent that could impair its normal use;

    • (c) the sealed source is separated from the radiation device when the latter is not being serviced;

    • (d) the sealed source fails to return to the shielded position inside the radiation device; and

    • (e) there is a spill of

      • (i) an unsealed radioactive nuclear substance that is set out in column 1 of Schedule 1, that has produced in excess of 100 times the activity set out in column 3, and

      • (ii) an unsealed radioactive nuclear substance that is not set out in column 1.

  • (2) Every licensee referred to in subsection (1) or subsection 30(2) who becomes aware of a situation referred to in one of those subsections shall file a full report of the situation with the Commission within 21 days after the day on which the licensee becomes aware of it or within the period specified in the licence, and the report shall contain the following information:

    • (a) a description of the situation, the circumstances and the problem, if any, with the radiation device;

    • (b) the probable cause of the situation;

    • (c) the nuclear substance, and if applicable, the brand name, model number and serial number of the radiation device involved;

    • (d) the date, time and location where the situation occurred or, if unknown, the approximate date, time and location, and the date and time of becoming aware of the situation;

    • (e) the actions that the licensee has taken to re-establish normal operations;

    • (f) the actions that the licensee has taken or proposes to take to prevent a recurrence of the situation;

    • (g) if the situation involved an exposure device, the qualifications of the workers, including any trainee, who were involved;

    • (h) the effective dose and equivalent dose — as those terms are defined in subsection 1(1) of the Radiation Protection Regulations — received by any person as a result of the situation; and

    • (i) 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.

  • SOR/2008-119, s. 37

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