Nuclear Safety and Control Act (S.C. 1997, c. 9)

Procedures for Decisions and Orders

Marginal note:Procedure for certain decisions and orders

38 Every order of an inspector and every order of a designated officer under paragraph 37(2)(f) shall be made, and every measure under paragraph 37(2)(c), (d) or (g) shall be taken, in accordance with the prescribed rules of procedure.

Marginal note:Designated officer to provide opportunity to be heard

• 39 (1) A designated officer shall provide a reasonable opportunity to be heard to

  • (a) the applicant, before refusing to issue a licence under paragraph 37(2)(c);

  • (a.1) the applicant, before refusing to authorize the transfer under paragraph 37(2)(d);

  • (b) the licensee, before renewing, suspending, amending, revoking or replacing a licence or authorizing its transfer, under paragraph 37(2)(d), or before refusing to take any of those actions; and

  • (c) any person named in or subject to the order, before confirming, amending, revoking or replacing an order under paragraph 37(2)(g).

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of a renewal, suspension, amendment, revocation or replacement of a licence on the application of the licensee.

Marginal note:Commission to provide opportunity to be heard

• 40 (1) Subject to subsection (2), the Commission shall provide an opportunity to be heard in accordance with the prescribed rules of procedure to

  • (a) the applicant, before refusing to issue a licence under section 24;

  • (a.1) the applicant, before refusing to authorize its transfer under section 24;

  • (b) the licensee, before renewing, suspending, amending, revoking or replacing a licence, or refusing to renew, suspend, amend, revoke or replace a licence, under section 25;

  • (c) any person named in or subject to the order, before confirming, amending, revoking or replacing an order of an inspector under subsection 35(3);

  • (d) any person named in or subject to the order, before confirming, amending, revoking or replacing an order of a designated officer under subsection 37(6);

  • (e) the applicant, before confirming a decision not to issue a licence or authorize its transfer — and the licensee, before confirming a decision not to renew, amend, revoke or replace a licence or authorize its transfer — under paragraph 43(4)(a);

  • (f) the licensee, before confirming, varying or cancelling a term or condition of a licence under paragraph 43(4)(b);

  • (g) the licensee, before taking any measure under any of paragraphs 43(4)(c) to (f);

  • (h) any person named in or subject to the order, before taking any measure under any of paragraphs 43(4)(g) to (j); and

  • (i) any person named in or subject to the order, before making any other order under this Act.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply

  • (a) in respect of a renewal, suspension, amendment, revocation or replacement of a licence on the application of the licensee; or

  • (b) in respect of an order under subsection 47(1).

• Marginal note:Proceedings on motion of Commission

  (3) Notwithstanding any other provision of this Act, where the Commission is satisfied that it is in the public interest to do so, the Commission may, on its own initiative, conduct proceedings in accordance with the prescribed rules of procedure to determine any matter or thing relating to the purpose of this Act.

• Marginal note:Notice

  (4) On completion of proceedings in respect of which subsection (1) applies and proceedings under subsection (3), the Commission shall give notice of its decision to

  • (a) the applicant, where the proceedings were in relation to an application for a licence;

  • (b) the licensee, where the proceedings were in relation to a licence; or

  • (c) any person named in, or subject to, the order, where the proceedings were in relation to an order.

• Marginal note:Public hearings

  (5) The Commission shall, subject to any by-laws made under section 15 and any regulations made under section 44, hold a public hearing with respect to

  • (a) the proposed exercise by the Commission, or by a panel established under section 22, of the power under subsection 24(2) to issue, renew, suspend, amend, revoke or replace a licence; and

  • (b) any other matter within its jurisdiction under this Act, if the Commission is satisfied that it would be in the public interest to do so.

• Marginal note:Exception

  (6) Subsection (5) does not apply in respect of any matter in relation to which subsection 14(2) applies.

Marginal note:Compliance with order

41 Every person named in, or subject to, an order of the Commission, an inspector or a designated officer shall, whether or not the person has had an opportunity to make representations with respect to the order, comply with the order within the time specified in it or, if no time is specified, immediately.

Marginal note:Liability for costs of measures

• 42 (1) Where the Commission, an inspector or a designated officer makes an order in relation to a nuclear substance, prescribed equipment, prescribed information or a nuclear facility, the person who is in possession of the nuclear substance, prescribed equipment or prescribed information or the owner or person in charge of the nuclear facility at the time the order is made is, without proof of fault or negligence, liable to pay any costs that any other person incurs in complying with the order.

• Marginal note:Indemnity

  (2) Nothing in subsection (1) shall be construed to restrict the owner’s or person’s right of recourse against or indemnity from any other person in respect of the liability.

• Marginal note:Liability under Nuclear Liability and Compensation Act

  (3) Nothing in this section shall be construed as limiting an operator’s liability under the Nuclear Liability and Compensation Act.

Redetermination and Appeal of Decisions and Orders

Marginal note:Appeal to the Commission

• 43 (1) An appeal may be made to the Commission by any person who is directly affected by

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

  • (b) any 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;

  • (c.1) an authorization granted by a designated officer to transfer a licence; or

  • (d) a confirmation, amendment, revocation or replacement, by a designated officer, of an order of an inspector.

• Marginal note:Redetermination by Commission on application

  (2) The Commission shall rehear and redetermine, on the application of

  • (a) the applicant, a decision of the Commission not to issue a licence or authorize its transfer;

  • (b) the licensee, a decision of the Commission not to renew, suspend, amend, revoke or replace a licence or authorize its transfer;

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

  • (d) the licensee, a suspension, amendment, revocation or replacement, by the Commission, of a licence;

  • (e) any person named in, or subject to, an order of the Commission, the order; or

  • (f) any person named in, or subject to, an order of an inspector or a designated officer, a confirmation, amendment, revocation or replacement, by the Commission, of the order.

• Marginal note:Redetermination by Commission on own initiative

  (3) The Commission may, on its own initiative, redetermine any decision or order made by it or by an inspector or designated officer or any term or condition of a licence.

• Marginal note:Decision

  (4) On considering an appeal or a redetermination, the Commission may hear new evidence or rehear such evidence as it considers necessary and may, in the case of

  • (a) a decision not to issue, renew, amend, revoke, replace a licence or authorize its transfer, confirm the decision or issue, renew, amend, revoke or replace the licence or authorize its transfer;

  • (b) any term or condition of a licence, confirm, vary or cancel the term or condition;

  • (c) an amendment of a licence, confirm, vary or cancel the amendment;

  • (d) a suspension of a licence, confirm, vary the conditions of or cancel the suspension;

  • (e) a revocation of a licence, confirm or cancel the revocation and, where it cancels the revocation, impose any term or condition that it considers necessary for the purposes of this Act;

  • (f) a replacement of a licence, confirm, vary, cancel or replace the replacement;

  • (g) an order or a replacement of an order, confirm, amend, revoke or replace the order or the replacement;

  • (h) a confirmation of an order, reconfirm the order or cancel the confirmation and amend, revoke or replace the order;

  • (i) an amendment of an order, confirm the amendment or cancel the amendment and confirm, amend, revoke or replace the order; or

  • (j) a revocation of an order, confirm the revocation or cancel the revocation and confirm, amend or replace the order.

Regulations

Marginal note:Regulations

• 44 (1) The Commission may, with the approval of the Governor in Council, make regulations

  • (a) respecting the development, production and use of nuclear energy;

  • (b) respecting the mining, production, refinement, conversion, enrichment, processing, reprocessing, possession, import, export, use, packaging, transport, management, storage, disposal and abandonment of a nuclear substance;

  • (c) respecting the design, inspection during production or installation, production, possession, storage, import, export, use, decommissioning, abandonment and disposal of prescribed equipment;

  • (d) respecting the production, possession, transfer, storage, import, export, use and disclosure, and restricting the disclosure, of prescribed information;

  • (e) respecting the location, design, construction, installation, operation, maintenance, modification, decommissioning, abandonment and disposal of a nuclear facility or part of a nuclear facility;

  • (f) respecting the protection of the environment and the health and safety of persons from any risks associated with the activities referred to in paragraphs (a), (b), (c) and (e);

  • (g) respecting doses of radiation, including

    • (i) establishing classes of persons and prescribing, in respect of each class, the radiation dose limits to which members of that class may be exposed,

    • (ii) prescribing the circumstances under which any or all members of a class of persons may be exposed to a dose of radiation exceeding any of the limits prescribed for that class of persons, and

    • (iii) establishing measures to protect persons from exposure to radiation;

  • (h) respecting the protection of nuclear energy workers, including prescribing

    • (i) the duties that may be performed by a person employed in a nuclear facility or other place in which a nuclear substance is produced, used, possessed, packaged, transported, stored or disposed of and the manner and circumstances in which the person’s terms and conditions of employment may be varied,

    • (ii) the information that a person so employed is required to provide to their employer or to a dosimetry service in order to measure and monitor the dose of radiation to which the person is exposed,

    • (iii) medical examinations or tests and the circumstances under which they are to be conducted on persons so employed, and

    • (iv) the measures that must be undertaken by employers of persons so employed and licensees of such a nuclear facility or other place;

  • (i) prescribing the fees that may be charged for the provision, by the Commission, of information, products and services or for the participant funding program that it establishes and maintains;

  • (j) prescribing the fees or the method of calculating the fees that may be charged for a licence or class of licence;

  • (k) respecting the qualifications for, and the training and examination of, analysts, inspectors, nuclear energy workers and other persons employed in a nuclear facility or other place where a nuclear substance or prescribed equipment is produced, used, possessed, packaged, transported, stored or disposed of, and prescribing the fees for the examination of analysts, inspectors, nuclear energy workers and such other persons;

  • (l) respecting the procedures and prescribing the fees for the certification and decertification of persons referred to in paragraph (k);

  • (m) respecting measures to ensure the maintenance of national security and compliance with Canada’s international obligations in the development, production and use of nuclear energy and the production, use, possession, packaging, transport, storage and disposal of nuclear substances, prescribed equipment and prescribed information;

  • (n) respecting measures to implement Canada’s international obligations regarding the development, production and use of nuclear energy, including prescribing the manner in which and conditions under which access to a nuclear facility, nuclear substance or prescribed information shall be granted to prescribed persons;

  • (o) establishing requirements to be complied with by any person who possesses, uses, packages, transports, stores or disposes of a nuclear substance or prescribed equipment or who locates, designs, constructs, installs, operates, maintains, modifies, decommissions or abandons a nuclear facility or nuclear-powered vehicle;

  • (p) respecting the form of certificates of inspectors and designated officers;

  • (q) respecting the procedure for certification and decertification of prescribed equipment;

  • (r) establishing classes of nuclear facilities;

  • (s) respecting the operation of a dosimetry service;

  • (t) respecting the form of notices required by this Act and the manner in which they are to be given;

  • (u) respecting the exemption of any activity, person, class of person or quantity of a nuclear substance, temporarily or permanently, from the application of this Act or the regulations or any provision thereof;

  • (u.1) designating as a violation that may be proceeded with in accordance with this Act

    • (i) the contravention of any specified provision of this Act or of any of its regulations,

    • (ii) the contravention of any order or decision, or of any order or decision of any specified class of orders or decisions, made under this Act, or

    • (iii) the failure to comply with any term or condition of a licence, or any term or condition of any specified class of licences;

  • (u.2) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;

  • (u.3) respecting the service of documents required or authorized under section 65.05, 65.1 or 65.13, including the manner and proof of service and the circumstances under which documents are deemed to be served;

  • (v) prescribing anything that by this Act is to be prescribed; and

  • (w) generally as the Commission considers necessary for carrying out the purposes of this Act and to assist the Commission in attaining its objects.

• Marginal note:Amount not to exceed cost

  (2) The fees referred to in paragraph (1)(i) may not exceed a reasonable estimate of the cost of providing the information, product or service or of the costs of the participant funding program.

• Marginal note:Amount not to exceed cost

  (3) The fee referred to in paragraph (1)(j) for a licence or class of licence may not exceed a reasonable estimate of the cost of the Commission’s regulatory activities related to that licence or class of licence.

• Marginal note:Incorporation of standards

  (4) Regulations made under paragraph (1)(o) incorporating a standard by reference may incorporate the standard as amended to a certain date or from time to time.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations generally as the Governor in Council considers necessary for carrying out the purposes of this Act.

• Marginal note:Incorporation of provincial law

  (6) Any regulation made under subsection (1) or (5) incorporating by reference in whole or in part an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time.

• Marginal note:Application of regulations

  (7) Regulations referred to in subsection (6) may apply

  • (a) generally, in respect of all works and undertakings described in section 71;

  • (b) in respect of a particular work or undertaking or class or classes of work or undertaking referred to in that section; or

  • (c) in respect of any class or classes of persons who are employed in connection with a work or undertaking described in paragraph (a) or (b).

• Marginal note:Administration

  (8) A regulation made under subsection (1) incorporating an Act or instrument shall, with the consent of the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration of the Act or instrument.

• Marginal note:Administration

  (9) A regulation made under subsection (5) incorporating an Act or instrument shall, with the consent of the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration of the Act or instrument.

• Marginal note:Offence and penalty

  (10) Notwithstanding section 51, every person who contravenes a regulation made under subsection (1) or (5) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such Act that, is incorporated by the regulation is guilty of an offence against this Act and is liable to the same punishment as is imposed by or under any Act of that legislature for the contravention of that provision.

• Marginal note:Procedure

  (11) The prosecution of a contravention described in subsection (10) shall be commenced by the Attorney General of the province in which the offence was committed.

• Marginal note:Publication of proposed regulations

  (12) A copy of each regulation that the Commission proposes to make under paragraph (1)(i) or (j) shall be published in the Canada Gazette and a reasonable opportunity shall be given to persons to make representations to the Commission with respect thereto.

• Marginal note:Restriction — amount of penalty

  (13) The amount that may be determined under any regulations made under paragraph (1)(u.2) as the penalty for a violation shall not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person.