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

Interpretation

• 1 (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

• 2 (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

• 3 (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

4 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.

Waiver of Rules

• 5 (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

6 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

• 7 (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

• 8 (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

• 9 (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.

Notice

10 Information that is not given in accordance with these Rules is considered to have been properly given where it is shown that the information or its substance came, within the required time limit, to the attention of the person to whom it was to be given.

Official Languages

• 11 (1) Subject to subrule (2), all documents given to the Commission or a designated officer must be in at least one official language.

• (2) A person may give a document in a language other than an official language if, at the same time, the person gives a translation of the document in at least one official language, and an affidavit of the translator attesting to the accuracy of the translation.

• (3) Where the original of a document referred to in subrule (2) is required to be served, the translation and affidavit must also be served, and at the same time as the service of the original document.

Confidentiality

• 12 (1) Subject to subrule (2), in any proceeding, the Commission or a designated officer, as the case may be, may take measures referred to in subrule (3) to protect information if

  • (a) the information involves national or nuclear security;

  • (b) the information is confidential information of a financial, commercial, scientific, technical, personal or other nature that is treated consistently as confidential and the person affected has not consented to the disclosure; or

  • (c) disclosure of the information is likely to endanger the life, liberty or security of a person.

• (2) The Commission or the designated officer may take the measures referred to in subrule (3) if

  • (a) protection of the information outweighs in importance the public interest in public hearings and disclosure of evidence; and

  • (b) the measures are designed so as not to affect the public nature of the proceeding except to the extent necessary to adequately protect the information.

• (3) The measures that the Commission or designated officer may take include requiring that

  • (a) the proceeding or part of the proceeding take place in private, to the exclusion of members of the public, other than the parties and their counsel or agent;

  • (b) the publication of information given to the Commission or designated officer be restricted or prohibited; and

  • (c) the disclosure of information given or received by the Commission or designated officer be prohibited or restricted to some or all of the parties and intervenors, or their counsel or agent, if any.

Summonses

• 13 (1) In the case of a public hearing that is conducted by the Commission, a participant may request the Commission to issue a summons by submitting a request in writing before the start of the hearing or an oral request at the hearing, but in any case as soon as the circumstances giving rise to the request become known to the participant.

• (2) The request for a summons shall set out

  • (a) the reasons for the summons;

  • (b) how any information, record or thing to be produced by the person to be summoned is relevant to the matter; and

  • (c) why the person to be summoned is the appropriate person to produce the information, record or thing.

• (3) A summons shall be served directly on the person to be summoned at least seven days before the day on which the person is required to attend the public hearing.

• (4) A person who has been summoned to a public hearing shall attend at the time and day specified and every day of the hearing, unless the Commission directs that the person must only attend on certain days, or that the presence of the person is no longer required.

• (5) Where a public hearing is adjourned and the day for its reconvening is not disclosed at the time of the adjournment, the Commission must notify the person who is under summons of the date of the reconvening

  • (a) at least five days before the person summoned is to re-attend; or

  • (b) where the Commission has given less than five days notice of the reconvening, within such notice period as is fair and reasonable in the circumstances.