|
|
|
|
| Records and
reports
|
27. Every licensee and every prescribed
person shall
|
|
|
|
(a) keep the prescribed records, including a
record of the dose of radiation received by
or committed to each person who performs
duties in connection with any activity that
is authorized by this Act or who is present
at a place where that activity is carried on,
retain those records for the prescribed time
and disclose them under the prescribed
circumstances; and
|
|
|
|
(b) make the prescribed reports and file
them in the prescribed manner, including a
report on
|
|
|
|
(i) any theft or loss of a nuclear
substance, prescribed equipment or
prescribed information that is used in
carrying on any activity that is authorized
by this Act, and
|
|
|
|
(ii) any contravention of this Act in
relation to an activity that is authorized
by this Act and any measure that has been
taken in respect of the contravention.
|
|
|
|
|
|
| Designation
of analysts
|
28. The Commission may designate as an
analyst for the purposes of this Act any person
whom the Commission considers qualified.
|
|
| Designation
of inspectors
|
29. (1) The Commission may designate as
an inspector for the purposes of this Act any
person whom the Commission considers
qualified and any person so designated shall
be provided with a certificate in the prescribed
form certifying the person's designation.
|
|
| Contents of
certificate
|
(2) The certificate must list any category of
place or vehicle that the inspector has been
designated to inspect, any condition that must
be satisfied by the inspector in conducting an
inspection and any restriction on the powers
conferred on the inspector, and on entering or
inspecting a place or vehicle the inspector
shall, if requested, show the certificate to the
person in charge of the place or vehicle.
|
|
| Inspection
|
30. (1) In order to verify compliance with
this Act, the regulations, an order or decision
made under this Act or a condition of a
licence, an inspector may, at any reasonable
time and in accordance with the inspector's
certificate, enter and inspect
|
|
|
|
|
|
|
|
(b) a nuclear-powered vehicle or a vehicle
that the inspector believes on reasonable
grounds is transporting a nuclear reactor,
nuclear substance, prescribed equipment or
prescribed information; and
|
|
|
|
(c) a vehicle or place in which the inspector
believes on reasonable grounds there is a
nuclear substance, prescribed equipment,
prescribed information or a record that is
required by this Act, the regulations, an
order or decision made under this Act, or a
condition of a licence.
|
|
Dwelling-
houses
|
(2) In the case of an inspection of a
dwelling-house
|
|
|
|
(a) the inspector shall give reasonable
notice to the licensee that an inspection is to
be carried out;
|
|
|
|
(b) the inspection shall be conducted
between the hours of 7:00 a.m. and 9:00
p.m., local time, where the licensee and the
inspector cannot agree on a time for the
inspection; and
|
|
|
|
(c) the inspection shall be limited to the
parts of the dwelling-house in which the
nuclear substance, prescribed equipment,
prescribed information or record is kept.
|
|
| Special
circumstances
|
(3) An inspector may, at any time, enter and
inspect a vehicle or place in which the
inspector believes on reasonable grounds that
|
|
|
|
(a) there is contamination by a nuclear
substance;
|
|
|
|
(b) a nuclear substance is being used,
handled, stored or transported in a manner
that may cause an unreasonable risk to the
environment or to the health or safety of
persons; or
|
|
|
|
(c) a nuclear facility is being operated in a
manner or is in a state that may cause an
unreasonable risk to the environment or to
the health or safety of persons.
|
|
| Search
without
warrant
|
31. For the purposes of ensuring
compliance with this Act and the regulations,
an inspector may exercise the powers of
search and seizure provided for in section 487
of the Criminal Code without a warrant if the
conditions for obtaining a warrant exist but, by
reason of exigent circumstances, it would not
be feasible to obtain a warrant.
|
|
| Powers of
inspectors
|
32. The measures that an inspector may
take, in exercising authority under this Act,
include
|
|
|
|
(a) using any equipment or causing any
equipment to be used;
|
|
|
|
(b) taking any measurement;
|
|
|
|
(c) carrying out any test on a vehicle or in
relation to anything in a vehicle or place
that the inspector has been designated to
inspect;
|
|
|
|
(d) examining any vehicle or place and
making or causing to be made a record of
anything in any vehicle or place that the
inspector has been designated to inspect
and removing anything from such a vehicle
or place for a reasonable period for the
purpose of making a record of it;
|
|
|
|
(e) opening or requesting the opening of any
receptacle;
|
|
|
|
(f) taking and disposing of any sample;
|
|
|
|
(g) examining any records that are required
to be kept or reports that are required to be
made under this Act, or any books, records,
electronic data or other documents that the
inspector believes on reasonable grounds
relate to such records or reports; or
|
|
|
|
(h) questioning any person in charge of,
found in or having a connection with, any
vehicle or place that the inspector has
entered, inspected or searched or from
which any thing is seized by an inspector.
|
|
| Inspector may
be
accompanied
|
33. While exercising any authority under
this Act, an inspector may be accompanied by
any other person chosen by the inspector.
|
|
| Disposal or
return of
seized
property
|
34. Any thing seized by an inspector in the
course of exercising authority under this Act
or under a warrant issued under the Criminal
Code shall be disposed of or returned to the
owner or person in charge of it
|
|
|
|
(a) on the order of a court, after all
proceedings before the court in respect of an
offence under this Act or the regulations in
relation to the thing are finally concluded;
or
|
|
|
|
(b) on the order of the Federal Court, at any
time on application by the Commission or
the owner or person in charge.
|
|
| Order of an
inspector
|
35. (1) An inspector may order that a
licensee take any measure that the inspector
considers necessary to protect the
environment or the health or safety of persons
or to maintain national security or compliance
with international obligations to which
Canada has agreed.
|
|
| Order of an
inspector
|
(2) Where an inspector enters or inspects
any vehicle or place
|
|
|
|
(a) in the circumstances described in
paragraph 30(3)(a), the inspector may order
that any person evacuate, close, seal, label
or take any measures that the inspector
considers necessary to decontaminate, the
place or vehicle;
|
|
|
|
(b) in the circumstances described in
paragraph 30(3)(b), the inspector may order
that any person use, handle, store or
transport the nuclear substance in a manner
that will not cause an unreasonable risk to
the environment or to the health or safety of
persons;
|
|
|
|
(c) in either of the circumstances described
in paragraph 30(3)(c), the inspector may
order that any person operate the nuclear
facility in a manner or put it in a state that
will not cause an unreasonable risk to the
environment or to the health or safety of
persons; or
|
|
|
|
(d) in the circumstances described in
section 31, the inspector may order that any
person take any measure that the inspector
considers necessary to protect the
environment or the health or safety of
persons or to maintain national security or
compliance with international obligations
to which Canada has agreed.
|
|
| Review by
Commission
|
(3) An inspector shall refer any order made
under this section to the Commission for
review and the Commission shall confirm,
amend, revoke or replace the order.
|
|
| Assistance to
inspectors
|
36. Every owner of a place or vehicle that
is entered, inspected or searched or from
which any thing is seized by an inspector,
every person in charge of or found in such a
place and every person with control of or
found in such a vehicle shall give the inspector
all reasonable assistance to enable the
inspector to carry out the inspector's duties
and functions under this Act.
|
|
|
|
|
|
| Designated
officers
|
37. (1) The Commission may designate, by
name, title of office or class of persons, any
person whom the Commission considers
qualified as a designated officer and any
officer so designated shall be provided with a
certificate setting out the duties that the
designated officer is authorized to carry out.
|
|
| Duties
|
(2) The Commission may authorize a
designated officer to
|
|
|
|
(a) certify and decertify prescribed
equipment for the purposes of this Act;
|
|
|
|
(b) 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;
|
|
|
|
(c) issue, on receipt of an application
referred to in subsection 24(2), a licence of
a class established by the Commission;
|
|
|
|
(d) renew, suspend in whole or in part,
amend, revoke or replace, on receipt of an
application referred to in subsection 24(2),
a licence referred to in paragraph (c);
|
|
|
|
(e) designate any person whom the
designated officer considers qualified as an
analyst under section 28 or as an inspector
under subsection 29(1);
|
|
|
|
(f) make any order that an inspector may
make under subsection 35(1) or (2);
|
|
|
|
(g) confirm, amend, revoke or replace any
order made by an inspector; or
|
|
|
|
(h) authorize the return to work of persons
whose dose of radiation has exceeded the
prescribed radiation dose limits.
|
|
| Production of
certificate of
designation
|
(3) In carrying out any of the duties referred
to in subsection (2), a designated officer shall,
if requested, produce the designated officer's
certificate of designation.
|
|
| Notice
|
(4) A designated officer who refuses to
issue, renew, suspend, amend, revoke or
replace a licence shall notify the applicant of
the refusal.
|
|
| Report to
Commission
|
(5) A designated officer shall report to the
Commission on
|
|
|
|
(a) a refusal by the designated officer to
issue, renew, suspend, amend, revoke or
replace a licence;
|
|
|
|
(b) the issuance by the designated officer of
a licence that contains the condition that the
applicant provide a financial guarantee
referred to in subsection 24(5);
|
|
|
|
(c) a renewal of a licence where the terms or
conditions of the licence are amended, or a
suspension, amendment, revocation or
replacement of a licence, other than an
amendment of terms or conditions or a
suspension, amendment, revocation or
replacement made on the application, or
with the consent, of the licensee; and
|
|
|
|
(d) a confirmation, amendment, revocation
or replacement of an order under paragraph
(2)(g).
|
|
| Review of
report by
Commission
|
(6) A designated officer shall refer any
order made under paragraph (2)(f) to the
Commission for review and the Commission
shall confirm, amend, revoke or replace the
order.
|
|
|
|
|
|
| Procedure for
certain
decisions and
orders
|
38. Every order of an inspector and every
order of a designated officer under paragraph
37(2)(f) shall be made, and every measure
under paragraph 37(2)(c), (d) or (g) shall be
taken, in accordance with the prescribed rules
of procedure.
|
|
| Designated
officer to
provide
opportunity to
be heard
|
39. (1) A designated officer shall provide a
reasonable opportunity to be heard to
|
|
|
|
(a) the applicant, before refusing to issue a
licence under paragraph 37(2)(c);
|
|
|
|
(b) the licensee, before renewing,
suspending, amending, revoking or
replacing a licence, or refusing to renew,
suspend, amend, revoke or replace a
licence, under paragraph 37(2)(d); and
|
|
|
|
(c) any person named in or subject to the
order, before confirming, amending,
revoking or replacing an order under
paragraph 37(2)(g).
|
|
| Exception
|
(2) Subsection (1) does not apply in respect
of a renewal, suspension, amendment,
revocation or replacement of a licence on the
application of the licensee.
|
|
| Commission
to provide
opportunity to
be heard
|
40. (1) Subject to subsection (2), the
Commission shall provide an opportunity to
be heard in accordance with the prescribed
rules of procedure to
|
|
|
|
(a) the applicant, before refusing to issue a
licence under section 24;
|
|
|
|
(b) the licensee, before renewing,
suspending, amending, revoking or
replacing a licence, or refusing to renew,
suspend, amend, revoke or replace a
licence, under section 25;
|
|
|
|
(c) any person named in or subject to the
order, before confirming, amending,
revoking or replacing an order of an
inspector under subsection 35(3);
|
|
|
|
(d) any person named in or subject to the
order, before confirming, amending,
revoking or replacing an order of a
designated officer under subsection 37(6);
|
|
|
|
(e) the applicant, before confirming a
decision not to issue, and the licensee,
before confirming a decision not to renew,
amend, revoke or replace, a licence under
paragraph 43(4)(a);
|
|
|
|
(f) the licensee, before confirming, varying
or cancelling a term or condition of a
licence under paragraph 43(4)(b);
|
|
|
|
(g) the licensee, before taking any measure
under any of paragraphs 43(4)(c) to (f);
|
|
|
|
(h) any person named in or subject to the
order, before taking any measure under any
of paragraphs 43(4)(g) to (j); and
|
|
|
|
(i) any person named in or subject to the
order, before making any other order under
this Act.
|
|
| Exceptions
|
(2) Subsection (1) does not apply
|
|
|
|
(a) in respect of a renewal, suspension,
amendment, revocation or replacement of a
licence on the application of the licensee; or
|
|
|
|
(b) in respect of an order under subsection
47(1).
|
|
| Proceedings
on motion of
Commission
|
(3) Notwithstanding any other provision of
this Act, where the Commission is satisfied
that it is in the public interest to do so, the
Commission may, on its own initiative,
conduct proceedings in accordance with the
prescribed rules of procedure to determine any
matter or thing relating to the purpose of this
Act.
|
|
| Notice
|
(4) On completion of proceedings in respect
of which subsection (1) applies and
proceedings under subsection (3), the
Commission shall give notice of its decision to
|
|
|
|
(a) the applicant, where the proceedings
were in relation to an application for a
licence;
|
|
|
|
(b) the licensee, where the proceedings
were in relation to a licence; or
|
|
|
|
(c) any person named in, or subject to, the
order, where the proceedings were in
relation to an order.
|
|
| Public
hearings
|
(5) The Commission shall, subject to any
bylaws made under section 15 and any
regulations made under section 44, hold a
public hearing with respect to
|
|
|
|
(a) the proposed exercise by the
Commission, or by a panel established
under section 22, of the power under
subsection 24(2) to issue, renew, suspend,
amend, revoke or replace a licence; and
|
|
|
|
(b) any other matter within its jurisdiction
under this Act, if the Commission is
satisfied that it would be in the public
interest to do so.
|
|
| Exception
|
(6) Subsection (5) does not apply in respect
of any matter in relation to which subsection
14(2) applies.
|
|