Compliance
with order
|
41. Every person named in, or subject to, an
order of the Commission, an inspector or a
designated officer shall, whether or not the
person has had an opportunity to make
representations with respect to the order,
comply with the order within the time
specified in it or, if no time is specified,
immediately.
|
|
Liability for
costs of
measures
|
42. (1) Where the Commission, an
inspector or a designated officer makes an
order in relation to a nuclear substance,
prescribed equipment, prescribed information
or a nuclear facility, the person who is in
possession of the nuclear substance,
prescribed equipment or prescribed
information or the owner or person in charge
of the nuclear facility at the time the order is
made is, without proof of fault or negligence,
liable to pay any costs that any other person
incurs in complying with the order.
|
|
Indemnity
|
(2) Nothing in subsection (1) shall be
construed to restrict the owner's or person's
right of recourse against or indemnity from
any other person in respect of the liability.
|
|
Liability
under Nuclear
Liability Act
|
(3) Nothing in this section shall be
construed to affect the liability of an operator
under the Nuclear Liability Act.
|
|
|
|
|
Appeal to the
Commission
|
43. (1) An appeal may be made to the
Commission by any person who is directly
affected by
|
|
|
(a) a refusal of a designated officer to issue,
renew, suspend, amend, revoke or replace a
licence;
|
|
|
(b) any term or condition of a licence issued
by a designated officer;
|
|
|
(c) a renewal, suspension, amendment,
revocation or replacement, by a designated
officer, of a licence; or
|
|
|
(d) a confirmation, amendment, revocation
or replacement, by a designated officer, of
an order of an inspector.
|
|
Redeter-
mination by
Commission
on application
|
(2) The Commission shall rehear and
redetermine, on the application of
|
|
|
(a) the applicant, a decision of the
Commission not to issue a licence;
|
|
|
(b) the licensee, a decision of the
Commission not to renew, suspend, amend,
revoke or replace a licence;
|
|
|
(c) the licensee, any term or condition of a
licence issued, renewed, suspended or
amended by the Commission;
|
|
|
(d) the licensee, a suspension, amendment,
revocation or replacement, by the
Commission, of a licence;
|
|
|
(e) any person named in, or subject to, an
order of the Commission, the order; or
|
|
|
(f) any person named in, or subject to, an
order of an inspector or a designated officer,
a confirmation, amendment, revocation or
replacement, by the Commission, of the
order.
|
|
Redeter-
mination by
Commission
on own
initiative
|
(3) The Commission may, on its own
initiative, redetermine any decision or order
made by it or by an inspector or designated
officer or any term or condition of a licence.
|
|
Decision
|
(4) On considering an appeal or a
redetermination, the Commission may hear
new evidence or rehear such evidence as it
considers necessary and may, in the case of
|
|
|
(a) a decision not to issue, renew, amend,
revoke or replace a licence, confirm the
decision or issue, renew, amend, revoke or
replace the licence;
|
|
|
(b) any term or condition of a licence,
confirm, vary or cancel the term or
condition;
|
|
|
(c) an amendment of a licence, confirm,
vary or cancel the amendment;
|
|
|
(d) a suspension of a licence, confirm, vary
the conditions of or cancel the suspension;
|
|
|
(e) a revocation of a licence, confirm or
cancel the revocation and, where it cancels
the revocation, impose any term or
condition that it considers necessary for the
purposes of this Act;
|
|
|
(f) a replacement of a licence, confirm,
vary, cancel or replace the replacement;
|
|
|
(g) an order or a replacement of an order,
confirm, amend, revoke or replace the order
or the replacement;
|
|
|
(h) a confirmation of an order, reconfirm the
order or cancel the confirmation and
amend, revoke or replace the order;
|
|
|
(i) an amendment of an order, confirm the
amendment or cancel the amendment and
confirm, amend, revoke or replace the
order; or
|
|
|
(j) a revocation of an order, confirm the
revocation or cancel the revocation and
confirm, amend or replace the order.
|
|
|
|
|
Regulations
|
44. (1) The Commission may, with the
approval of the Governor in Council, make
regulations
|
|
|
(a) respecting the development, production
and use of nuclear energy;
|
|
|
(b) respecting the mining, production,
refinement, conversion, enrichment,
processing, reprocessing, possession,
import, export, use, packaging, transport,
management, storage, disposal and
abandonment of a nuclear substance;
|
|
|
(c) respecting the design, inspection during
production or installation, production,
possession, storage, import, export, use,
decommissioning, abandonment and
disposal of prescribed equipment;
|
|
|
(d) respecting the production, possession,
transfer, storage, import, export, use and
disclosure, and restricting the disclosure, of
prescribed information;
|
|
|
(e) respecting the location, design,
construction, installation, operation,
maintenance, modification,
decommissioning, abandonment and
disposal of a nuclear facility or part of a
nuclear facility;
|
|
|
(f) respecting the protection of the
environment and the health and safety of
persons from any risks associated with the
activities referred to in paragraphs (a), (b),
(c) and (e);
|
|
|
(g) respecting doses of radiation, including
|
|
|
(i) establishing classes of persons and
prescribing, in respect of each class, the
radiation dose limits to which members
of that class may be exposed,
|
|
|
(ii) prescribing the circumstances under
which any or all members of a class of
persons may be exposed to a dose of
radiation exceeding any of the limits
prescribed for that class of persons, and
|
|
|
(iii) establishing measures to protect
persons from exposure to radiation;
|
|
|
(h) respecting the protection of nuclear
energy workers, including prescribing
|
|
|
(i) the duties that may be performed by a
person employed in a nuclear facility or
other place in which a nuclear substance
is produced, used, possessed, packaged,
transported, stored or disposed of and the
manner and circumstances in which the
person's terms and conditions of
employment may be varied,
|
|
|
(ii) the information that a person so
employed is required to provide to their
employer or to a dosimetry service in
order to measure and monitor the dose of
radiation to which the person is exposed,
|
|
|
(iii) medical examinations or tests and
the circumstances under which they are
to be conducted on persons so employed,
and
|
|
|
(iv) the measures that must be undertaken
by employers of persons so employed
and licensees of such a nuclear facility or
other place;
|
|
|
(i) prescribing the fees that may be charged
for the provision, by the Commission, of
information, products and services;
|
|
|
(j) prescribing the fees or the method of
calculating the fees that may be charged for
a licence or class of licence;
|
|
|
(k) respecting the qualifications for, and the
training and examination of, analysts,
inspectors, nuclear energy workers and
other persons employed in a nuclear facility
or other place where a nuclear substance or
prescribed equipment is produced, used,
possessed, packaged, transported, stored or
disposed of, and prescribing the fees for the
examination of analysts, inspectors,
nuclear energy workers and such other
persons;
|
|
|
(l) respecting the procedures and
prescribing the fees for the certification and
decertification of persons referred to in
paragraph (k);
|
|
|
(m) respecting measures to ensure the
maintenance of national security and
compliance with Canada's international
obligations in the development, production
and use of nuclear energy and the
production, use, possession, packaging,
transport, storage and disposal of nuclear
substances, prescribed equipment and
prescribed information;
|
|
|
(n) respecting measures to implement
Canada's international obligations
regarding the development, production and
use of nuclear energy, including prescribing
the manner in which and conditions under
which access to a nuclear facility, nuclear
substance or prescribed information shall
be granted to prescribed persons;
|
|
|
(o) establishing requirements to be
complied with by any person who
possesses, uses, packages, transports, stores
or disposes of a nuclear substance or
prescribed equipment or who locates,
designs, constructs, installs, operates,
maintains, modifies, decommissions or
abandons a nuclear facility or
nuclear-powered vehicle;
|
|
|
(p) respecting the form of certificates of
inspectors and designated officers;
|
|
|
(q) respecting the procedure for
certification and decertification of
prescribed equipment;
|
|
|
(r) establishing classes of nuclear facilities;
|
|
|
(s) respecting the operation of a dosimetry
service;
|
|
|
(t) respecting the form of notices required
by this Act and the manner in which they are
to be given;
|
|
|
(u) respecting the exemption of any
activity, person, class of person or quantity
of a nuclear substance, temporarily or
permanently, from the application of this
Act or the regulations or any provision
thereof;
|
|
|
(v) prescribing anything that by this Act is
to be prescribed; and
|
|
|
(w) generally as the Commission considers
necessary for carrying out the purposes of
this Act and to assist the Commission in
attaining its objects.
|
|
Amount not to
exceed cost
|
(2) The fee referred to in paragraph (1)(i)
may not exceed a reasonable estimate of the
cost of providing the information, product or
service.
|
|
Amount not to
exceed cost
|
(3) The fee referred to in paragraph (1)(j)
for a licence or class of licence may not exceed
a reasonable estimate of the cost of the
Commission's regulatory activities related to
that licence or class of licence.
|
|
Incorporation
of standards
|
(4) Regulations made under paragraph
(1)(o) incorporating a standard by reference
may incorporate the standard as amended to a
certain date or from time to time.
|
|
Regulations
|
(5) The Governor in Council may make
regulations generally as the Governor in
Council considers necessary for carrying out
the purposes of this Act.
|
|
Incorporation
of provincial
law
|
(6) Any regulation made under subsection
(1) or (5) incorporating by reference in whole
or in part an Act of the legislature of a province
or an instrument made under such an Act may
incorporate the Act or instrument as amended
to a certain date or from time to time.
|
|
Application of
regulations
|
(7) Regulations referred to in subsection (6)
may apply
|
|
|
(a) generally, in respect of all works and
undertakings described in section 71;
|
|
|
(b) in respect of a particular work or
undertaking or class or classes of work or
undertaking referred to in that section; or
|
|
|
(c) in respect of any class or classes of
persons who are employed in connection
with a work or undertaking described in
paragraph (a) or (b).
|
|
Administra-
tion
|
(8) A regulation made under subsection (1)
incorporating an Act or instrument shall, with
the consent of the appropriate provincial
minister, be administered and enforced by the
person or authority that is responsible for the
administration of the Act or instrument.
|
|
Administra-
tion
|
(9) A regulation made under subsection (5)
incorporating an Act or instrument shall, with
the consent of the appropriate provincial
minister, be administered and enforced by the
person or authority that is responsible for the
administration of the Act or instrument.
|
|
Offence and
penalty
|
(10) Notwithstanding section 51, every
person who contravenes a regulation made
under subsection (1) or (5) by contravening a
provision of an Act of the legislature of a
province that, or an instrument made under
such Act that, is incorporated by the
regulation is guilty of an offence against this
Act and is liable to the same punishment as is
imposed by or under any Act of that legislature
for the contravention of that provision.
|
|
Procedure
|
(11) The prosecution of a contravention
described in subsection (10) shall be
commenced by the Attorney General of the
province in which the offence was committed.
|
|
Publication of
proposed
regulations
|
(12) A copy of each regulation that the
Commission proposes to make under
paragraphs (1)(i) or (1)(j) shall be published in
the Canada Gazette and a reasonable
opportunity shall be given to persons to make
representations to the Commission with
respect thereto.
|
|