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

Regulations are current to 2022-11-16 and last amended on 2007-09-18. Previous Versions

PART 6Orders of Inspectors and Designated Officers (continued)

Appeal or Redetermination of an Order

  •  (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

 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

  •  (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.

  • SOR/2007-208, s. 34(F)

 Determination

  •  (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

 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

 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

  •  (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.

  • SOR/2007-208, s. 35

Determination

  •  (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

 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

 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.

Notifying Affected Persons

 Where a court, pursuant to paragraph 60(1)(d) of the Act, orders an offender to notify any person who is affected by the offender's conduct of the facts relating to a conviction, the offender shall give notice to the person in accordance with rule 44 or by one of the methods referred to in rule 7, as ordered by the court.

Coming into Force

 These Rules come into force on the day on which they are approved by the Governor in Council.

 
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