Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) (SOR/2013-139)

Interpretation

Definition of Act

1 In these Regulations, Act means the Nuclear Safety and Control Act.

Designations

Marginal note:Violations

• 2 (1) The contravention of a provision of the Act or any of its regulations that is set out in column 1 of the schedule is designated as a violation that may be proceeded with in accordance with sections 65.01 to 65.21 of the Act.

• Marginal note:Short-form descriptions

  (2) In the event of a discrepancy between the short-form descriptions in the schedule and the provision to which it pertains, the provision prevails.

Classification

Marginal note:Classification

3 The classification of a violation of a provision that is set out in column 1 of the schedule as a Category A, Category B or Category C violation is as set out in column 3.

Penalties

Marginal note:Individual

• 4 (1) The amount payable as the penalty in respect of a violation that is committed by an individual is

  • (a) $300 to $3,000, for a Category A violation;

  • (b) $300 to $10,000, for a Category B violation; and

  • (c) $300 to $25,000, for a Category C violation.

• Marginal note:Person other than an individual

  (2) The amount payable as the penalty in respect of a violation that is committed by a person other than an individual is

  • (a) $1,000 to $12,000, for a Category A violation;

  • (b) $1,000 to $40,000, for a Category B violation; and

  • (c) $1,000 to $100,000, for a Category C violation.

Marginal note:Determination of amount

5 The amount of a penalty is determined by the Commission having regard to

• (a) the compliance history of the person who committed the violation;

• (b) the degree of intention or negligence on the part of the person;

• (c) the harm that resulted or could have resulted from the violation;

• (d) whether the person derived any competitive or economic benefit from the violation;

• (e) whether the person made reasonable efforts to mitigate or reverse the violation’s effects;

• (f) whether the person provided all reasonable assistance to the Commission; and

• (g) whether the person brought the violation to the attention of the Commission.

Service of Documents

Marginal note:Manner of service

• 6 (1) A notice of violation referred to in section 65.05 of the Act and a determination referred to in section 65.13 of the Act shall be served by

  • (a) in the case of an individual,

    • (i) leaving a copy of it with the individual,

    • (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or

    • (iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and

  • (b) in the case of any other person,

    • (i) sending a copy of it by registered mail, courier or fax to the person’s head office or place of business or to the person’s agent;

    • (ii) leaving a copy of it at the person’s head office or place of business with an individual who appears to manage or be in control of the head office or place of business or with the person’s agent; or

    • (iii) sending a copy of it by electronic means, other than by fax, to any person referred to in subparagraph (ii).

• Marginal note:Deemed service

  (2) The notice of violation or determination — other than when personally served — is considered to be served

  • (a) in the case of a copy that is left with an adult referred to in subparagraph (1)(a)(ii), on the day on which it is left with the adult;

  • (b) in the case of a copy that is sent by registered mail or courier, on the tenth day after the date indicated in the receipt issued by the postal or courier service; and

  • (c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted.

Coming into Force

Marginal note:S.C. 2012, c. 19

Footnote ^*7 These Regulations come into force on the day on which section 129 of the Jobs, Growth and Long-term Prosperity Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force July 3, 2013, see SI/2013-69.]