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

Adjournments

14 The Commission or a designated officer, as the case may be, on the request of a participant or on their own initiative, may adjourn a proceeding, on such terms and conditions as the Commission or the designated officer considers necessary in the interests of a fair, informal and expeditious consideration of the matter.

Record

• 15 (1) The Commission shall keep a record of the following in respect of every proceeding:

  • (a) any document that initiated the proceeding;

  • (b) any notice given by the Commission or a designated officer;

  • (c) any documentary evidence, written submission or other material filed with the Commission or a designated officer;

  • (d) any final decision of the Commission or a designated officer, including reasons in any case where reasons were given;

  • (e) any transcript of the proceeding that is made by the Commission or a designated officer; and

  • (f) any other relevant information that the Commission or a designated officer directs to be placed on the record.

• (2) Subject to any measures taken under rule 12, the record kept under subrule (1) shall be open to the participants and the public.

PART 2Public Hearings

Application

16 This Part applies in respect of a public hearing that the Commission holds

• (a) under paragraph 40(5)(a) of the Act, in relation to an application for the issuance, renewal, suspension, amendment, revocation or replacement of a licence; and

• (b) under paragraph 40(5)(b) of the Act, in relation to any other matter within the Commission's jurisdiction.

Notice of Public Hearing

• 17 (1) Where the Commission holds a public hearing on any matter under this Part, it may hold the hearing on one or more days and in one or more places.

• (2) The Commission shall give notice of a public hearing to the parties at least 60 days before the start of the hearing.

• (3) The Commission shall also give a notice to the public at least 60 days before the start of the 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.

• (4) The notices referred to in subrules (2) and (3) shall include

  • (a) a description of the matter being heard;

  • (b) where the Commission proposes to hold the public hearing on one day, the date, time and place of the hearing;

  • (c) where the Commission proposes to hold the public hearing on more than one day, the dates, times and places, if known, of the public hearing;

  • (d) the requirement that parties who intend to participate in the hearing must so notify the Commission in accordance with rule 18;

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

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

Participation

• 18 (1) A party who intends to appear at a public hearing shall file with the Commission, at least 30 days before the start of the hearing, a notice that includes

  • (a) a statement of the party's intention to appear and, where the party will be represented by counsel or an agent, the name, address and telephone and facsimile numbers of the counsel or agent; and

  • (b) a copy of the documentary information and written submission that the party will present to the Commission at the hearing, and a list of any witnesses proposed by the party.

• (2) There shall be filed with the Commission, at least 30 days before the start of a public hearing, a copy of the documentary information and written submission that the officers and employees of the Commission will present to the Commission at the hearing.

• (3) Where a public hearing comprises two hearing days, any documentary information and written submission filed under subrule (1) or (2) shall be considered by the Commission on each of those hearing days, and the parties and their witnesses shall attend on each of those hearing days unless the Commission directs otherwise in the interests of a fair, informal and expeditious consideration of the matter.

Intervention

• 19 (1) Where a request to intervene at a public hearing is filed with the Commission in accordance with subrules (2) and (3), the Commission, subject to these Rules, may permit the following persons to participate as intervenors at the hearing in the manner and to the extent that the Commission considers will enable it to determine the matter before it in a fair, informal and expeditious manner:

  • (a) a person who has an interest in the matter being heard; or

  • (b) a person who has expertise in the matter or information that may be useful to the Commission in coming to a decision.

• (2) Where the notice of public hearing given under this Part indicates one hearing day, the request to intervene must be filed with the Commission by the filing date specified in the notice.

• (3) Where the notice of public hearing given under this Part indicates two hearing days, the request to intervene must be filed with the Commission at least 30 days before the second hearing day.

• (4) The request to intervene shall include

  • (a) the name, address and telephone and facsimile numbers of the requester;

  • (b) where the requester intends to be represented by counsel or an agent, the name, address and telephone and facsimile numbers of the counsel or agent;

  • (c) a description of how the requester meets at least one of the conditions for intervening set out in subrule (1) and;

  • (d) a statement setting out whether the requester wishes to intervene by way of written submission only or by way of written submission and oral presentation, and a copy of the information and submission.

• (5) Where a public hearing comprises two hearing days, any written submission and oral presentation of a person permitted to intervene at the public hearing shall be considered by the Commission on the second hearing day.

Requests for Rulings

• 20 (1) At any time before the start of a public hearing, a participant may file a request with the Commission for a ruling on a particular issue by setting out the issue and the reasons for the ruling that is sought.

• (2) At the same time that a request for a ruling is filed with the Commission, the participant making the request must serve a copy of it

  • (a) on the other participants, if any; and

  • (b) where the participant is opposing a request to intervene, on the person requesting permission to intervene.

• (3) At any time during the public hearing, a participant may make an oral request to the Commission for a ruling on a particular issue by explaining the issue and the reasons for the ruling that is sought.

• (4) The Commission shall give its decision in relation to the request for a ruling after the Commission has provided the relevant persons an opportunity to present their views on the request.

Presentation of Information and Submissions

• 21 (1) During a public hearing, the Commission, subject to these Rules, may permit each participant to present information and submissions on the subject-matter orally or in writing, and may permit participants to question one another and any witnesses, and to respond to any submissions, in any manner and sequence that will enable the Commission to determine the matter before it in a fair, informal and expeditious manner.

• (2) A person who makes an oral presentation at a public hearing must have complied with the documentary filing requirements of rule 18 or 19, as the case may be.

• (3) A person who has filed documentary material with the Commission under rule 18 may, no later than seven days before the start of the public hearing, file documentary material to the extent necessary to supplement or amend the material originally filed.

Decision

22 The Commission shall give notice of its decision in respect of the matter that has been the subject of a public hearing by sending a copy of the decision to the participants.

PART 3Opportunity to Be Heard by Commission

Application

23 This Part applies in respect of an opportunity to be heard that is given by the Commission under subsection 40(1) of the Act, where Part 2 does not apply.

Notice

• 24 (1) The Commission shall notify each party of the party's opportunity to be heard.

• (2) The notice shall

  • (a) set out the subject-matter of the opportunity to be heard;

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

  • (c) set out the name and address of any person to whom copies of any information and written submissions must be sent, and the time limits for sending them.

• (3) The Commission shall conduct the opportunity to be heard orally, by written submissions or in any other manner that will enable the Commission to determine the questions before it in a fair, informal and expeditious manner.

Decision of Commission

25 The Commission shall give notice of its decision in respect of the matter that has been the subject of an opportunity to be heard under this Part by sending a copy of the decision to the parties and any other persons who intervened in the proceeding.

PART 4Opportunity to Be Heard by Designated Officer — Licensing Matters

Application

26 This Part applies in respect of an opportunity to be heard referred to in subsection 39(1) of the Act that is given by a designated officer

• (a) in considering an application for a licence under paragraph 37(2)(c) of the Act; and

• (b) before renewing, suspending, amending, revoking or replacing a licence, or refusing to renew, suspend, amend, revoke or replace a licence under paragraph 37(2)(d) of the Act.

Notice

• 27 (1) The designated officer shall notify each party of their opportunity to be heard in respect of a licensing matter referred to in rule 26.

• (2) The notice shall set out

  • (a) the subject-matter of the opportunity to be heard;

  • (b) the time limits for filing submissions and information with the designated officer; and

  • (c) the name and address of any person to whom copies of any information and written submissions must be sent, and the time limits for sending them.

• (3) The designated officer shall conduct the opportunity to be heard orally, by written submissions or in any other manner that will enable the designated officer to determine the questions before him or her in a fair, informal and expeditious manner.

Decision of Designated Officer

28 The designated officer shall give notice of the decision in respect of the matter that has been heard under this Part by sending a copy of the decision to the parties and any other persons who intervened in the proceeding.

PART 5Licence Appeal or Redetermination

Application

29 Rule 30 applies in respect of the following licensing matters that may be the subject of an appeal or rehearing and redetermination by the Commission under subsection 43(1) or (2) of the Act, as the case may be:

• (a) a refusal of a designated officer to issue, renew, suspend, amend, revoke or replace a licence;

• (b) a term or condition of a licence issued by a designated officer;

• (c) a renewal, suspension, amendment, revocation or replacement, by a designated officer, of a licence;

• (d) a decision of the Commission not to issue a licence;

• (e) a decision of the Commission not to renew, suspend, amend, revoke or replace a licence;

• (f) any term or condition of a licence issued, renewed, suspended or amended by the Commission; and

• (g) a suspension, amendment, revocation or replacement, by the Commission, of a licence.

Notice of Appeal or Redetermination

• 30 (1) An appeal or an application for a rehearing and redetermination may be made by sending to the Commission a notice that includes

  • (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 licence 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 of how the appellant is directly affected by the decision 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 intends 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.

• (2) After receiving a notice of appeal or rehearing and redetermination, the Commission shall determine whether its consideration 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.

• (3) After determining the manner in which the appeal or rehearing and redetermination will be considered, the Commission shall send the appellant or applicant and any other participant a notice that includes

  • (a) the manner in which the appeal or rehearing and 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 limit for giving or presenting information and submissions and requesting information; and

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