Bill C-23

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	Remuneration and Expenses
Remunera- tion	13. Each member and each former member to whom subsection 23(2) applies shall be paid such remuneration and allowances as are fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the course of the member's or former member's duties under this Act while absent from, in the case of a full-time member or former member, their ordinary place of work and, in the case of a part-time member or former member, their ordinary place of residence.
	Meetings
Meetings	14. (1) The Commission may meet for the conduct of its affairs at such times and in such places as are established by by-law of the Commission.
Telephone conferences	(2) A member may, subject to the by-laws of the Commission, participate in a meeting of the Commission by means of a telephone or other communication device that permits all persons participating in the meeting to hear one another, and a member who participates in a meeting by those means is deemed, for the purposes of this Act, to be present at the meeting.
	By-laws
By-laws	15. The Commission may make by-laws respecting the management and conduct of its affairs and to meet its objects and carry out its duties under this Act and may, without limiting the generality of the foregoing, make by-laws
	(a) respecting the calling of meetings of the Commission;
	(b) respecting generally the carrying on of the work of the Commission, including establishing the number of members that constitutes a quorum of the Commission or of a panel of the Commission; and
	(c) determining the procedures to be followed in proceedings other than those for which rules are otherwise prescribed.
	Officers, Employees and Contractors
Employment of staff	16. (1) The Commission may, notwithstanding any other Act of Parliament, appoint and employ such professional, scientific, technical or other officers or employees as it considers necessary for the purposes of this Act and may, with the approval of the Treasury Board, establish the terms and conditions, including remuneration, of their employment.
Delegation to President	(2) The Commission may delegate to the President any of the powers conferred on it by subsection (1).
Compensa- tion	(3) The members, officers and employees of the Commission are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.
Technical assistance	17. (1) The Commission may enter into contracts for the services of any persons having technical or specialized knowledge of any matter relating to the work of the Commission, to advise and assist the Commission in the exercise or performance of any of its powers, duties or functions under this Act, and those persons shall receive such payment for their services and such expenses as are fixed by the Commission with the approval of the Treasury Board.
Delegation to President	(2) The Commission may delegate to the President any of the powers conferred on it by subsection (1).
	Civil Liability
Immunity	18. (1) No civil proceedings may be brought against any member or other person or authority acting on behalf or under the direction of the Commission for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commission under this Act or for any alleged neglect or default in the execution in good faith of any such power, duty or function.
Immunity	(2) No civil proceedings may be brought against any person or authority referred to in subsection 44(8) or (9) for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commission under this Act or for any alleged neglect or default in the execution in good faith of any such power, duty or function.
Commission not relieved	(3) Nothing in this section relieves the Commission of liability in respect of a tort or extracontractual civil liability to which the Commission would otherwise be subject.
	Directives
Directive of Governor in Council	19. (1) The Governor in Council may, by order, issue to the Commission directives of general application on broad policy matters with respect to the objects of the Commission.
Directives binding	(2) An order made under this section is binding on the Commission.
Publication and tabling	(3) A copy of each order made under this section shall be
	(a) published in the Canada Gazette; and
	(b) laid before each House of Parliament.
	Powers
Court of record	20. (1) The Commission is a court of record.
Witnesses and records	(2) The Commission has, with respect to the appearance, summoning and examination of witnesses, the production and inspection of records, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are necessary to carry out the duties of the Commission or to enforce any order, including, without limiting the generality of the foregoing, the power to
	(a) issue a summons requiring a person
	(i) to appear at the time and place stated in the summons to give evidence concerning any matter relevant to any subject-matter before the Commission, and
	(ii) to produce, either before or at a hearing, such records and things as the Commission considers appropriate to the full investigation and consideration of matters within its jurisdiction; and
	(b) administer oaths and examine any person under oath.
Informal and expeditious	(3) All proceedings before the Commission shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit, but, in any case, within the prescribed period of time.
Not bound by legal rules	(4) The Commission is not bound by the legal rules of evidence and in particular may
	(a) receive and accept such evidence and information on oath, by affidavit or otherwise, as in its discretion it considers appropriate; and
	(b) refuse to accept any evidence that the Commission does not consider relevant or trustworthy.
Control of subject- matter	(5) Before conducting a proceeding, the Commission may
	(a) stay or dismiss an application where the applicant is not in compliance with a term or condition of a licence or of any order made under this Act;
	(b) determine the issues in respect of which it will receive evidence or hear argument; and
	(c) exclude from consideration any matter on which it has rendered a decision.
Control of proceedings	(6) The Commission may take such measures as it considers necessary to maintain order during proceedings before it and in particular may limit the participation in the proceedings of, or eject from the proceedings, any person who disrupts the proceedings and, where the person is ejected, continue the proceedings in the person's absence.
Assistance of peace officers	(7) A peace officer shall provide such assistance as the Commission or a member of the Commission may request for the purpose of maintaining order during proceedings before the Commission.
Enforcement of orders of the Commission	(8) Any decision or order of the Commission may, for the purpose of enforcement, be made a rule, order or decree of the Federal Court or of a superior court of a province and may be enforced in like manner as a rule, order or decree of that court.
Procedure for enforcement	(9) To make a decision or order of the Commission a rule, order or decree of the Federal Court or a superior court, the usual practice and procedure of the court in those matters may be followed, or the President may provide to the court a certified copy of the decision or order under the seal of the Commission and thereupon the decision or order becomes a rule, order or decree of the court.
Powers	21. (1) The Commission may, in order to attain its objects,
	(a) enter into arrangements, including an arrangement to provide training, with any person, any department or agency of the Government of Canada or of a province, any regulatory agency or department of a foreign government or any international agency;
	(b) establish and maintain programs to provide the Commission with scientific, technical and other advice and information;
	(c) establish, and fix the terms of reference of, advisory, standing and other committees;
	(d) establish and maintain offices and laboratories;
	(e) disseminate objective scientific, technical and regulatory information to the public concerning the activities of the Commission and the effects, on the environment or on the health or safety of persons, of the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information;
	(f) provide, under an appropriate security classification, to any department or agency of a foreign government or international agency with which Canada or the Commission has entered into an arrangement for the provision of such information, information relating to the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information including, after obtaining such assurances as it considers necessary to protect any commercial interest, protected commercial information;
	(g) charge such fees as may be prescribed for any information, product or service it provides under this Act;
	(h) certify and decertify prescribed equipment for the purposes of this Act;
	(i) certify and decertify persons referred to in paragraph 44(1)(k) as qualified to carry out their duties under this Act or the duties of their employment, as the case may be; and
	(j) authorize the return to work of persons whose dose of radiation has exceeded the prescribed radiation dose limits.
Refund of fees	(2) The Commission may, under the prescribed circumstances, refund all or part of any fee referred to in paragraph (1)(g).
	Panels
Establish- ment of panels	22. (1) The President may establish a panel of the Commission consisting of one or more members and, subject to subsection (3), the panel may, as directed by the President, exercise or perform any or all of the powers, duties and functions of the Commission.
Act of a panel	(2) An act of a panel is deemed to be an act of the Commission.
Exceptions	(3) A panel may not make by-laws or regulations or review a decision or order of the Commission.
	Decision-Making
Decision- making by Commission	23. (1) The President or the presiding member shall not vote at a meeting of the Commission or a panel of the Commission, as the case may be, except that the President or presiding member has and shall cast the deciding vote in case of an equal division.
Member ceasing to hold office	(2) A person who has ceased to be a member may, with the authorization of the President and for such period as the President may fix, take part in the disposition of any matter in which that person became engaged while holding office as a member, and a person so authorized shall, for that purpose, be deemed to be a member of the Commission.
Where member unable to act	(3) Where any member has taken part in a matter and for any reason is unable to take part in the disposition of the matter, the remaining members who took part in the matter may, with the authorization of the President, make the disposition notwithstanding that the quorum may have been lost.
Where one-member panel unable to act	(4) Where a panel consists of one member and the member is at any time unable to dispose of a matter that is before the panel, the President may authorize another member to consider and dispose of the matter.
	Licences
Licences	24. (1) The Commission may establish classes of licences authorizing the licensee to carry on any activity described in any of paragraphs 26(a) to (f) that is specified in the licence for the period that is specified in the licence.
Application	(2) The Commission may issue, renew, suspend in whole or in part, amend, revoke or replace a licence on receipt of an application
	(a) in the prescribed form;
	(b) containing the prescribed information and undertakings and accompanied by the prescribed documents; and
	(c) accompanied by the prescribed fee.
Refund of fees	(3) The Commission may, under the prescribed circumstances, refund all or part of any fee referred to in paragraph (2)(c).
Conditions for issuance, etc.	(4) No licence may be issued, renewed, amended or replaced unless, in the opinion of the Commission, the applicant
	(a) is qualified to carry on the activity that the licence will authorize the licensee to carry on; and
	(b) will, in carrying on that activity, make adequate provision for the protection of the environment, the health and safety of persons and the maintenance of national security and measures required to implement international obligations to which Canada has agreed.
Terms and conditions of licences	(5) A licence may contain any term or condition that the Commission considers necessary for the purposes of this Act, including a condition that the applicant provide a financial guarantee in a form that is acceptable to the Commission.
Application of proceeds of financial guarantee	(6) The Commission may authorize the application of the proceeds of any financial guarantee referred to in subsection (5) in such manner as it considers appropriate for the purposes of this Act.
Refund	(7) The Commission shall grant to any person who provided a financial guarantee under subsection (5) a refund of any of the proceeds of the guarantee that have not been spent and may give the person, in addition to the refund, interest at the prescribed rate in respect of each month or fraction of a month between the time the financial guarantee is provided and the time the refund is granted, calculated on the amount of the refund.
Licence not transferable	(8) A licence may not be transferred.
Renewal, etc.	25. The Commission may, on its own motion, renew, suspend in whole or in part, amend, revoke or replace a licence under the prescribed conditions.
Prohibitions	26. Subject to the regulations, no person shall, except in accordance with a licence,
	(a) possess, transfer, import, export, use or abandon a nuclear substance, prescribed equipment or prescribed information;
	(b) mine, produce, refine, convert, enrich, process, reprocess, package, transport, manage, store or dispose of a nuclear substance;
	(c) produce or service prescribed equipment;
	(d) operate a dosimetry service for the purposes of this Act;
	(e) prepare a site for, construct, operate, modify, decommission or abandon a nuclear facility; or
	(f) construct, operate, decommission or abandon a nuclear-powered vehicle or bring a nuclear-powered vehicle into Canada.