Bill C-23

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	Exceptional Powers
Notification of contamina- tion, etc.	45. Every person who, on reasonable grounds, believes that
	(a) a place or vehicle is contaminated, in excess of the prescribed limit, by a radioactive nuclear substance, or
	(b) an event has occurred that is likely to result in the exposure of persons or the environment to a dose of radiation in excess of the prescribed limits,
	shall immediately notify the Commission or an appropriate authority of the location and circumstances of the contamination or event.
Contamina- ted land	46. (1) Where the Commission believes, on reasonable grounds, that there is contamination in excess of the prescribed limit by a radioactive nuclear substance at any place, the Commission may conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination has occurred.
Notice of contamina- tion	(2) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission shall file a notice of contamination in the land registry office or other office where title to land is recorded for the area in which the place is located, or in any other prescribed public office.
Measures	(3) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission may, in addition to filing a notice under subsection (2), order that the owner or occupant of, or any other person with a right to or interest in, the affected land or place take the prescribed measures to reduce the level of contamination.
Hearing re cancellation	(4) Where the Commission believes on reasonable grounds that there is no longer contamination referred to in subsection (1) at a place with respect to which a notice has been filed under subsection (2), the Commission shall conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination is no longer present.
Notice of cancellation	(5) Where, after conducting a hearing under subsection (4), the Commission is satisfied that the contamination is no longer present, the Commission shall file a notice of cancellation wherever a notice of contamination in relation to the place was filed.
Notice of determina- tion	(6) A notice of contamination or cancellation is to be filed following a hearing under this section and, before such filing, the Commission shall give notice in the prescribed manner to the owner or occupant of the affected land and any other prescribed person of the Commission's determination.
Notice of order	(7) The Commission shall give notice in the prescribed manner of an order made under subsection (3) to any person named in or subject to the order.
Emergency orders	47. (1) Notwithstanding any other provision of this Act, in case of emergency the Commission may, without conducting any proceedings, make any order that it considers necessary to protect the environment or the health and safety of persons or to maintain national security and compliance with Canada's international obligations.
Notice	(2) The Commission shall, as soon as practicable after making an order under subsection (1), give notice of it in the prescribed manner.
	OFFENCES AND PUNISHMENT
Offence	48. Every person commits an offence who
	(a) alters, otherwise than pursuant to the regulations or a licence, or misuses any thing the purpose of which is to
	(i) protect the environment or the health or safety of persons from any risk associated with the development, production or use of nuclear energy or the possession or use of a nuclear substance, prescribed equipment or prescribed information, or
	(ii) maintain national security or implement international obligations to which Canada has agreed, at a nuclear facility or at a place where, or vehicle in which, a nuclear substance is located;
	(b) discloses prescribed information, except pursuant to the regulations;
	(c) fails to comply with any condition of a licence;
	(d) knowingly makes a false or misleading written or oral statement to the Commission, a designated officer or an inspector;
	(e) fails to comply with an order of the Commission, a designated officer or an inspector;
	(f) fails to assist or give information to an inspector when requested to do so, or otherwise interferes with the performance of an inspector's duties;
	(g) takes disciplinary action against a person who assists or gives information to an inspector, a designated officer or the Commission in the performance of the person's functions or duties under this Act;
	(h) except in the prescribed manner and circumstances, terminates, or varies the terms and conditions of, employment of a nuclear energy worker who has received or is committed to a dose of radiation in excess of the prescribed limits;
	(i) falsifies a record kept pursuant to this Act or the regulations or to a condition of a licence;
	(j) fails to comply with an order made under any of sections 58 to 62; or
	(k) fails to comply with this Act or any regulation made pursuant to this Act.
Offence re security at nuclear facility	49. Notwithstanding the occurrence of a legal strike or lockout, every person commits an offence who
	(a) while in charge of a nuclear facility, fails to ensure that there is present in that facility at all times the staff required, under the licence for that facility, to maintain that facility in a safe condition; or
	(b) does not report for duty at a nuclear facility or who, while on duty at a nuclear facility, withdraws their services, except where the person is not required to report or is relieved in accordance with a procedure set out in the licence for that facility.
Offence to possess certain nuclear substances, etc.	50. Every person commits an offence who, except as authorized by this Act, possesses a nuclear substance, prescribed equipment or prescribed information that is capable of being used to produce a nuclear weapon or a nuclear explosive device.
Punishment	51. (1) Every person who contravenes section 36 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.
Punishment	(2) Every person who commits an offence under section 50 is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Punishment	(3) Every person who commits an offence other than an offence in respect of which subsection (1) or (2) applies
	(a) is guilty of an indictable offence and liable to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or
	(b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $500,000 or to imprisonment for a term not exceeding eighteen months or to both.
Defence	51.1 A person shall not be found to have contravened any provision of this Act, other than section 50, if it is established that the person exercised all due diligence to prevent its commission.
Continuing offence	52. Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which it is committed or continued.
Limitation	53. Proceedings by way of summary conviction in respect of an offence under this Act may be instituted not later than two years after the time when the subject-matter of the proceedings arose or the Commission became aware of the subject-matter of the proceedings.
Non- application of subsection 389(5) of Canada Shipping Act	54. Subsection 389(5) of the Canada Shipping Act does not apply in respect of a nuclear substance, prescribed equipment, a nuclear facility or a nuclear-powered vehicle.
Evidence by certificate	55. (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or tested a substance or product and stating the result of the analysis or test, or a copy or extract of a certificate certified as such by an inspector or designated officer is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the analyst, inspector or designated officer and is proof of the statements contained in the certificate.
Attendance	(2) Any party against whom a certificate, copy or extract referred to in subsection (1) is produced may, with leave of the court, require the attendance of the analyst, inspector or designated officer, as the case may be, for the purposes of cross-examination.
Notice	(3) No certificate, copy or extract shall be received in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.
Offence outside Canada	56. Every licensee who resides or carries on business in Canada and commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under paragraph 48(c) or under paragraph 48(i) in relation to its licence, is deemed to have committed that act or omission in Canada.
Trial of offence	57. A prosecution for an offence under this Act may be instituted, heard and determined in the place where the offence was committed, the subject-matter of the prosecution arose, the accused is resident or the accused is carrying on business.
Absolute or conditional discharge	58. (1) Where an offender has pleaded guilty to or been found guilty of an offence under this Act, the court may, instead of convicting the offender, order that the offender be discharged absolutely or on conditions that have any or all of the effects described in paragraphs 60(1)(a) to (j).
Application by prosecutor	(2) Where an offender contravenes an order made under subsection (1) or is convicted of any other offence under this Act that is committed after the order under subsection (1) was made, the prosecutor may apply to the court to revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time the order was made.
Suspended sentence	59. (1) Where an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may order that the accused comply with any condition having any or all of the effects described in paragraphs 60(1)(a) to (j).
Application by prosecutor	(2) Where the offender contravenes an order made under subsection (1) or is convicted of any other offence under this Act that is committed after the order under subsection (1) was made, the prosecutor may apply to the court to impose any sentence that could have been imposed if the passing of sentence had not been suspended.
Orders of court	60. (1) Where an offender has been convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, the court may make an order having any or all of the following effects:
	(a) prohibiting the offender from committing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
	(b) directing the offender to take any measure that the court considers appropriate to protect the environment or the health or safety of persons from harm resulting from the act or omission that constituted the offence, or to remedy such harm;
	(c) directing the offender to publish, in the prescribed manner and at the offender's own expense, the facts relating to the conviction;
	(d) directing the offender to notify, in the prescribed manner and at the offender's own expense, any person who is affected by the offender's conduct, of the facts relating to the conviction;
	(e) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any order, prohibition, direction or requirement provided for in this subsection;
	(f) directing the offender to submit to the Commission, on application to the court by the Commission made within three years after the date of conviction, such information with respect to the activities of the offender as the court considers appropriate in the circumstances;
	(g) directing the offender to compensate the Commission, in whole or in part, for the cost of any remedial or preventive measure taken by or caused to be taken on behalf of the Commission as a result of the act or omission that constituted the offence;
	(h) directing the offender to perform community service, subject to such reasonable conditions as may be imposed by the court on the recommendation of the Commission;
	(i) directing the offender to pay an amount for the purposes of conducting research into the use and disposal of any nuclear substance, prescribed equipment or nuclear facility in respect of which the offence was committed; or
	(j) requiring the offender to comply with such other conditions as the court considers appropriate in the circumstances for securing the offender's good conduct and for preventing the offender from repeating the same offence or committing any other offence under this Act.
Coming into force and duration of order or condition	(2) An order made under subsection (1), 58(1) or 59(1) shall come into force on the day on which the order is made or on such other day as the court may determine and shall not continue in force for more than three years after that day.
Additional fine	61. Where a person has been convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, monetary benefits accrued to the person, the court may order the person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court's estimation of the amount of the monetary benefits.
Compensa- tion for loss of property	62. (1) Where an offender has been convicted of an offence under this Act, in addition to any sentence imposed, the court may, at the time sentence is imposed and on the application of any person who has suffered loss of, or damage to, property, as a result of the commission of the offence, order the offender to pay to that person, within such period as the court considers reasonable, an amount of compensation for the loss or damage.
Enforcement	(2) Where an amount that is ordered to be paid under subsection (1) is not paid within the period specified, the applicant may, by filing the order in the superior court of the province in which the trial was held, enter the amount ordered to be paid as a judgment, and such a judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
Variation of sanctions	63. (1) Where a court has made an order under section 58, 59 or 60 in relation to an offender, the court may, on application by the offender or the Attorney General of Canada, require the offender to appear before the court and, after hearing the offender and the Attorney General, may vary the order in one or any combination of the following ways that is applicable and, in the opinion of the court, is rendered desirable by a change in the circumstances of the offender since the order was made, namely,
	(a) make changes in the order or the conditions specified in the order or extend the period for which the order is to remain in force for such period, not exceeding one year, as the court considers desirable; or
	(b) decrease the period for which the order is to remain in force or relieve the offender, either absolutely or partially or for such period as the court considers desirable, of compliance with any condition that is specified in the order.
Notice	(2) Before varying an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested in the order and may hear any or all of those persons.
Subsequent applications with leave	(3) Where an application made under subsection (1) in respect of an offender has been heard by a court, no other application may be made with respect to the order except with leave of the court.
Application of Nuclear Liability Act	64. Nothing in section 58, 59, 60, 62 or 63 shall be construed as restricting
	(a) any right, obligation or liability of any person arising under the Nuclear Liability Act; or
	(b) the jurisdiction of a Nuclear Damage Claims Commission established under the Nuclear Liability Act.
Publication	65. (1) Where an offender is required by an order made under section 58, 59 or 60 to comply with a condition having the effect described in paragraph 60(1)(c) and the offender fails to comply with the condition, the Commission may publish the facts in the manner referred to in that paragraph and may recover the costs of publication from the offender.
Debt due to Her Majesty	(2) Where the Commission incurs publication costs under subsection (1) or an offender is required by an order made under section 58, 59 or 60 to comply with a condition having the effect described in paragraph 60(1)(g), the costs and any interest thereon constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or in any manner provided for by law.

Bill C-23

Exceptional Powers

OFFENCES AND PUNISHMENT