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

Regulations are current to 2016-06-06 and last amended on 2007-09-18. Previous Versions

Canadian Nuclear Safety Commission Rules of Procedure

SOR/2000-211

NUCLEAR SAFETY AND CONTROL ACT

Registration 2000-05-31

Canadian Nuclear Safety Commission Rules of Procedure

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 44 of the Nuclear Safety and Control ActFootnote a, hereby approves the annexed Canadian Nuclear Safety Commission Rules of Procedure, made by the Canadian Nuclear Safety Commission on May 31, 2000.

Interpretation

  •  (1) The definitions in this subrule apply in these Rules.

    Act

    Act means the Nuclear Safety and Control Act. (Loi)

    intervenor

    intervenor means a person who is permitted to intervene at a public hearing under rule 19. (intervenant)

    participant

    participant means a party or intervenor. (participant)

    party

    party means

    • (a) in relation to a licence application, the applicant;

    • (b) in relation to a licence renewal, suspension, amendment, revocation or replacement, the licensee;

    • (c) in relation to a matter being heard by the Commission in the public interest under the Act, and if these Rules do not otherwise set out who the parties are, any person whom the Commission names as party in the proceeding;

    • (d) in relation to the review by the Commission of an order of an inspector or a designated officer, a person who is named in or subject to the order;

    • (e) in relation to an appeal made to the Commission under subsection 43(1) of the Act, the appellant;

    • (f) in relation to a rehearing and redetermination under subsection 43(2) of the Act, any of the persons referred to in that subsection; and

    • (g) in relation to a redetermination on the Commission's own initiative under subsection 43(3) of the Act, any of the persons referred to in subsection 43(2) of the Act. (partie)

    Secretary

    Secretary means the Secretary of the Commission. (secrétaire)

  • (2) For greater certainty, "document" includes information stored by electronic means.

PART 1General

Application, Officers and Employees of the Commission, Quorum

  •  (1) This Part applies in respect of the following proceedings:

    • (a) an opportunity to be heard provided by a designated officer under subsection 39(1) of the Act;

    • (b) an opportunity to be heard provided by the Commission under subsection 40(1) of the Act;

    • (c) proceedings conducted by the Commission on its own initiative under subsection 40(3) of the Act;

    • (d) a public hearing in relation to a licensing matter that is held by the Commission under paragraph 40(5)(a) of the Act;

    • (e) a public hearing in relation to any matter within the Commission's jurisdiction that is held by the Commission under paragraph 40(5)(b) of the Act;

    • (f) an appeal made to the Commission pursuant to subsection 43(1) of the Act;

    • (g) a rehearing by the Commission under subsection 43(2) of the Act;

    • (h) a redetermination by the Commission under subsection 43(3) of the Act; and

    • (i) a public hearing conducted by the Commission under section 46 of the Act.

  • (2) The Commission or a designated officer, as the case may be, may permit or require officers and employees of the Commission to participate in a proceeding under these Rules in such manner, including presenting information and submissions orally or in writing, questioning participants and responding to questions and submissions, as will enable the Commission or designated officer to determine the matter in a fair, informal and expeditious manner.

  • (3) For the purposes of proceedings before the Commission or a panel of the Commission under these Rules, the number of members of the Commission or a panel that constitutes a quorum shall be:

    • (a) three members for a proceeding before the Commission;

    • (b) one panel member for a proceeding before a panel of one member or two members;

    • (c) two panel members for a proceeding before a panel of three or four members; and

    • (d) three panel members for a proceeding before a panel of more than four members.

Varying Rules

  •  (1) The Commission or, where applicable, a designated officer may vary or supplement any of these Rules, in order to ensure that a proceeding be dealt with as informally and expeditiously as the circumstances and the considerations of fairness permit.

  • (2) Any procedural matter that arises in the course of a proceeding that is not provided for in these Rules shall be dealt with by the Commission or, where applicable, a designated officer as informally and expeditiously as the circumstances and the considerations of fairness permit.

Defect in Form or Procedure

 No proceeding is invalid, in whole or part, by reason only of a defect in form or failure to follow a procedure that is set out in these Rules, where the defect or failure does not result in any material harm to a relevant interest.

  • SOR/2007-208, s. 26(F).

Waiver of Rules

  •  (1) Any participant may waive any procedural right that is granted to the participant under these Rules.

  • (2) In the absence of proof to the contrary, where any participant fails to take advantage of a procedural right granted under these Rules, the participant is deemed to have waived that right.

Time Limits

 Where these Rules indicate that a time limit is to be specified in an order of the Commission or a designated officer, or a notice of the Commission, the time limit specified shall provide for as informal and expeditious a proceeding as the circumstances and the considerations of fairness permit.

Transmitting Documents

  •  (1) Unless otherwise provided by these Rules, any giving, sending, notifying, serving or filing that is required or permitted under these Rules may be done

    • (a) by hand, ordinary mail, registered mail or courier;

    • (b) by facsimile, if the recipient is able to receive the information in that manner; or

    • (c) by any other method that is agreed to by the recipient.

  • (2) A document that is sent by facsimile must include the following information:

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

    • (b) the date and time of the transmission;

    • (c) the total number of pages transmitted;

    • (d) the name, address and telephone and facsimile numbers of the recipient; and

    • (e) the name, address and telephone and facsimile numbers of a person to contact if transmission problems occur.

Filing

  •  (1) Subject to subrule (2), a document that is required to be filed under these Rules shall be filed at the office of the Secretary.

  • (2) During a proceeding, a document may be filed with the presiding member of the Commission or the designated officer who is hearing the matter.

  • (3) In the absence of proof to the contrary, the date of filing is the date on which the document is received by the Commission or designated officer, as indicated

    • (a) by the date stamped on the document by an employee of the Commission, in the case of a document that is filed in accordance with paragraph 7(1)(a); and

    • (b) by the date that appears on the covering page of the facsimile as processed by the receiving facsimile machine of the Commission, in the case of a document that is filed by facsimile.

Service

  •  (1) Where a document is required under these Rules to be served personally, the service shall be made

    • (a) on an individual, by leaving a copy of the document with the individual or the individual’s authorized representative or, if there is no such representative, with any other person who appears to be an adult occupant of the place of service and who agrees to accept service;

    • (b) in the case of a partnership or other non-incorporated association of persons, by leaving a copy of the document with a person whom the partnership or association has designated to the Commission as its representative for the matter in question or, if there is no such person, with any other person who appears to manage or be in control of a place of business operated by the partnership or association and who agrees to accept service; and

    • (c) on a corporation, by leaving a copy of the document with an officer, director or agent of the corporation, any employee of the corporation who is at a place of business of the corporation and who is responsible for the management of the place of business or, if there is no such person, with any other person at a place of business of the corporation who appears to manage or be in control of the place of business and who agrees to accept service.

  • (2) A document that is served by ordinary or registered mail shall be served at the address where mail is ordinarily received, as found on the most recent document filed with the Commission.

  • (3) The date of service of a document is

    • (a) where the document is served personally, the date of delivery;

    • (b) where the document is served by ordinary mail, the date that is 10 days after mailing unless there is information that shows that the date is other than 10 days after mailing, in which case the date of service is the date so shown; and

    • (c) where the document is served by electronic transmission, the date of receipt that appears on the facsimile or electronic version of the document as processed by the recipient's facsimile or computer.

  • (4) Where these Rules require a document to be served, the Commission or designated officer, as the case may be, may, in the interests of a fair, informal and expeditious consideration of the matter, require proof of service to be filed with the Commission or designated officer.

  • (5) Proof of service of any document may be made by showing

    • (a) an acknowledgment of service signed by or on behalf of the person served; or

    • (b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service.

  • SOR/2007-208, s. 27.
 
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