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General Nuclear Safety and Control Regulations (SOR/2000-202)

Regulations are current to 2022-06-20 and last amended on 2015-06-12. Previous Versions

Obligations (continued)

Transfers

 No licensee shall transfer a nuclear substance, prescribed equipment or prescribed information to a person who does not hold the licence, if any, that is required to possess the nuclear substance, prescribed equipment or prescribed information by the Act and the regulations made under the Act.

Notice of Licence

  •  (1) Every licensee other than a licensee who is conducting field operations shall post, at the location specified in the licence or, if no location is specified in the licence, in a conspicuous place at the site of the licensed activity,

    • (a) a copy of the licence, with or without the licence number, and a notice indicating the place where any record referred to in the licence may be consulted; or

    • (b) a notice containing

      • (i) the name of the licensee,

      • (ii) a description of the licensed activity,

      • (iii) a description of the nuclear substance, nuclear facility or prescribed equipment encompassed by the licence, and

      • (iv) a statement of the location of the licence and any record referred to in it.

  • (2) Every licensee who is conducting field operations shall keep a copy of the licence at the place where the field operations are being conducted.

  • (3) Subsections (1) and (2) do not apply to a licensee in respect of

    • (a) a licence to import or export a nuclear substance, prescribed equipment or prescribed information;

    • (b) a licence to transport a nuclear substance; or

    • (c) a licence to abandon a nuclear substance, a nuclear facility, prescribed equipment or prescribed information.

Representatives of Applicants and Licensees

 Every applicant for a licence and every licensee shall notify the Commission of

  • (a) the persons who have authority to act for them in their dealings with the Commission;

  • (b) the names and position titles of the persons who are responsible for the management and control of the licensed activity and the nuclear substance, nuclear facility, prescribed equipment or prescribed information encompassed by the licence; and

  • (c) any change in the information referred to in paragraphs (a) and (b), within 15 days after the change occurs.

Publication of Health and Safety Information

  •  (1) Every licensee shall make available to all workers the health and safety information with respect to their workplace that has been collected by the licensee in accordance with the Act, the regulations made under the Act and the licence.

  • (2) Subsection (1) does not apply in respect of personal dose records and prescribed information.

Obligations of Workers

 Every worker shall

  • (a) use equipment, devices, facilities and clothing for protecting the environment or the health and safety of persons, or for determining doses of radiation, dose rates or concentrations of radioactive nuclear substances, in a responsible and reasonable manner and in accordance with the Act, the regulations made under the Act and the licence;

  • (b) comply with the measures established by the licensee to protect the environment and the health and safety of persons, maintain security, control the levels and doses of radiation, and control releases of radioactive nuclear substances and hazardous substances into the environment;

  • (c) promptly inform the licensee or the worker’s supervisor of any situation in which the worker believes there may be

    • (i) a significant increase in the risk to the environment or the health and safety of persons,

    • (ii) a threat to the maintenance of the security of nuclear facilities and of nuclear substances or an incident with respect to such security,

    • (iii) a failure to comply with the Act, the regulations made under the Act or the licence,

    • (iv) an act of sabotage, theft, loss or illegal use or possession of a nuclear substance, prescribed equipment or prescribed information, or

    • (v) a release into the environment of a quantity of a radioactive nuclear substance or hazardous substance that has not been authorized by the licensee;

  • (d) observe and obey all notices and warning signs posted by the licensee in accordance with the Radiation Protection Regulations; and

  • (e) take all reasonable precautions to ensure the worker’s own safety, the safety of the other persons at the site of the licensed activity, the protection of the environment, the protection of the public and the maintenance of the security of nuclear facilities and of nuclear substances.

  • SOR/2007-208, s. 3

Presentation of Licence to Customs Officer

 On importing or exporting a nuclear substance, prescribed equipment or prescribed information, the licensee shall present the required import or export licence to a customs officer.

Prescribed Nuclear Facilities

 The following facilities are prescribed as nuclear facilities for the purpose of paragraph (i) of the definition nuclear facility in section 2 of the Act:

  • (a) a facility for the management, storage or disposal of waste containing radioactive nuclear substances at which the resident inventory of radioactive nuclear substances contained in the waste is 1015 Bq or more;

  • (b) a plant for the production of deuterium or deuterium compounds using hydrogen sulphide; and

  • (c) a Class II nuclear facility, as defined in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations.

  • SOR/2008-119, s. 3

Prescribed Equipment

 Each of the following items is prescribed equipment for the purposes of the Act:

  • SOR/2003-405, s. 2
  • SOR/2015-145, s. 45

Prescribed Information

Prescription

  •  (1) Information that concerns any of the following, including a record of that information, is prescribed information for the purposes of the Act:

    • (a) a nuclear substance that is required for the design, production, use, operation or maintenance of a nuclear weapon or nuclear explosive device, including the properties of the nuclear substance;

    • (b) the design, production, use, operation or maintenance of a nuclear weapon or nuclear explosive device;

    • (c) the security arrangements, security equipment, security systems and security procedures established by a licensee in accordance with the Act, the regulations made under the Act or the licence, and any incident relating to security; and

    • (d) the route or schedule for the transport of Category I, II or III nuclear material, as defined in section 1 of the Nuclear Security Regulations.

  • (2) Information that is made public in accordance with the Act, the regulations made under the Act or a licence is not prescribed information for the purposes of the Act.

  • SOR/2007-208, s. 4(E)

Exemptions from Licence Requirement

  •  (1) The following persons may possess, transfer, import, export or use prescribed information without a licence to carry on that activity:

    • (a) a minister, employee or other person acting on behalf of or under the direction of the Government of Canada, the government of a province or any of their agencies, for the purpose of assisting themselves in exercising a power or performing a duty or function lawfully conferred or imposed on them; and

    • (b) an official of a foreign government or an international agency, for the purpose of meeting obligations imposed by an arrangement made between the Government of Canada and the foreign government or international agency.

  • (2) The following persons may possess, transfer or use prescribed information without a licence to carry on that activity:

    • (a) a worker, for the purpose of enabling the worker to perform duties assigned by the licensee; and

    • (b) a person who is legally required or legally authorized to obtain or receive the information.

  • (3) For greater certainty, the exemptions established in subsections (1) and (2) relate only to the activities specified in those subsections and do not derogate from the licence requirement imposed by section 26 of the Act in relation to other activities.

Transfer and Disclosure

  •  (1) No person shall transfer or disclose prescribed information unless the person

    • (a) is legally required to do so; or

    • (b) transfers or discloses it to

      • (i) a minister, employee or other person acting on behalf or under the direction of the Government of Canada, the government of a province or any of their agencies, for the purpose of assisting themselves in exercising a power or performing a duty or function lawfully conferred or imposed on them,

      • (ii) an official of a foreign government or an international agency, for the purpose of meeting obligations imposed by an arrangement made between the Government of Canada and the foreign government or international agency,

      • (iii) a worker, for the purpose of enabling the worker to perform duties assigned by the licensee, or

      • (iv) a person who is legally required or legally authorized to obtain or receive the information.

  • (2) A person who possesses or has knowledge of prescribed information shall take all necessary precautions to prevent any transfer or disclosure of the prescribed information that is not authorized by the Act and the regulations made under the Act.

Contamination

Prescribed Limits

 For the purposes of paragraph 45(a) and subsection 46(1) of the Act, the prescribed limit of contamination for a place or vehicle where no licensed activity is being carried on is any quantity of a radioactive nuclear substance that may, based on the circumstances, increase a person’s effective dose by 1 mSv or more per year in excess of the background radiation for the place or vehicle.

Prescribed Public Offices

 For the purpose of subsection 46(2) of the Act, a municipal office, a public library and a public community centre are prescribed public offices.

Prescribed Measures

 For the purpose of subsection 46(3) of the Act, the prescribed measures to reduce the level of contamination are any measures to control access to or clean the place, or to cover or remove the contamination, that are appropriate for the substance and location and that will reduce the level of contamination to below the limit prescribed by section 24.

Records and Reports

Record of Licence Information

 Every licensee shall keep a record of all information relating to the licence that is submitted by the licensee to the Commission.

Retention and Disposal of Records

  •  (1) Every person who is required to keep a record by the Act, the regulations made under the Act or a licence shall retain the record for the period specified in the applicable regulations made under the Act or, if no period is specified in the regulations, for the period ending one year after the expiry of the licence that authorizes the activity in respect of which the records are kept.

  • (2) No person shall dispose of a record referred to in the Act, the regulations made under the Act or a licence unless the person

    • (a) is no longer required to keep the record by the Act, the regulations made under the Act or the licence; and

    • (b) has notified the Commission of the date of disposal and of the nature of the record at least 90 days before the date of disposal.

  • (3) A person who notifies the Commission in accordance with subsection (2) shall file the record, or a copy of the record, with the Commission at its request.

General Reports

  •  (1) Every licensee who becomes aware of any of the following situations shall immediately make a preliminary report to the Commission of the location and circumstances of the situation and of any action that the licensee has taken or proposes to take with respect to it:

    • (a) a situation referred to in paragraph 27(b) of the Act;

    • (b) the occurrence of an event that is likely to result in the exposure of persons to radiation in excess of the applicable radiation dose limits prescribed by the Radiation Protection Regulations;

    • (c) a release, not authorized by the licence, of a quantity of radioactive nuclear substance into the environment;

    • (d) a situation or event that requires the implementation of a contingency plan in accordance with the licence;

    • (e) an attempted or actual breach of security or an attempted or actual act of sabotage at the site of the licensed activity;

    • (f) information that reveals the incipient failure, abnormal degradation or weakening of any component or system at the site of the licensed activity, the failure of which could have a serious adverse effect on the environment or constitutes or is likely to constitute or contribute to a serious risk to the health and safety of persons or the maintenance of security;

    • (g) an actual, threatened or planned work disruption by workers;

    • (h) a serious illness or injury incurred or possibly incurred as a result of the licensed activity;

    • (i) the death of any person at a nuclear facility; or

    • (j) the occurrence of any of the following events:

      • (i) the making of an assignment by or in respect of the licensee under the Bankruptcy and Insolvency Act,

      • (ii) the making of a proposal by or in respect of the licensee under the Bankruptcy and Insolvency Act,

      • (iii) the filing of a notice of intention by the licensee under the Bankruptcy and Insolvency Act,

      • (iv) the filing of a petition for a receiving order against the licensee under the Bankruptcy and Insolvency Act,

      • (v) the enforcement by a secured creditor of a security on all or substantially all of the inventory, accounts receivable or other property of the licensee that was acquired for, or used in relation to, a business carried on by the licensee,

      • (vi) the filing in court by the licensee of an application to propose a compromise or an arrangement with its unsecured creditors or any class of them under section 4 of the Companies’ Creditors Arrangement Act,

      • (vii) the filing in court by the licensee of an application to propose a compromise or an arrangement with its secured creditors or any class of them under section 5 of the Companies’ Creditors Arrangement Act,

      • (viii) the making of an application for a winding-up order by or in respect of the licensee under the Winding-up and Restructuring Act,

      • (ix) the making of a liquidation, bankruptcy, insolvency, reorganization or like order in respect of the licensee under provincial or foreign legislation, or

      • (x) the making of a liquidation, bankruptcy, insolvency, reorganization or like order in respect of a body corporate that controls the licensee under provincial or foreign legislation.

  • (2) Every licensee who becomes aware of a situation referred to in subsection (1) shall file a full report of the situation with the Commission within 21 days after becoming aware of it, unless some other period is specified in the licence, and the report shall contain the following information:

    • (a) the date, time and location of becoming aware of the situation;

    • (b) a description of the situation and the circumstances;

    • (c) the probable cause of the situation;

    • (d) the effects on the environment, the health and safety of persons and the maintenance of security that have resulted or may result from the situation;

    • (e) the effective dose and equivalent dose of radiation received by any person as a result of the situation; and

    • (f) the actions that the licensee has taken or proposes to take with respect to the situation.

  • (3) Subsections (1) and (2) do not require a licensee to report a situation referred to in paragraphs (1)(a) to (j) if the licence contains a term or condition requiring the licensee to report that situation, or any situation of that nature, to the Commission.

 
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