Nuclear Safety and Control Act

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.