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Bill C-23

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GENERAL

Oath or affirmation of fidelity and secrecy

66. Every member, every officer and em ployee of the Commission and every person acting on behalf or under the direction of the Commission shall, before acting as such, take before a justice of the peace or a commissioner for taking affidavits the following oath or affirmation of fidelity and secrecy:

I, .........., do solemnly swear (or affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and per form the duties required of me as a member (or officer or employee or person acting on behalf or under the direction, as the case may be), of the Canadian Nuclear Safety Commission.

I further solemnly swear (or affirm) that I will not communicate or allow to be commu nicated to any person not legally entitled thereto any information relating to the affairs of the Commission nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the Commission and relating to its business.

Application of Financial Administra-
tion Act

67. Subject to this Act and the regulations, the Financial Administration Act applies in respect of the Commission.

Expenses

68. The Commission may expend, adminis ter, use or dispose of any money or other property acquired by gift, bequest, donation and the like, subject to the terms, if any, on which the money or other property was given, bequeathed, donated or otherwise made avail able to the Commission.

Non-
application of Statutory Instruments Act

69. A decision or order made under this Act, other than an order made under section 19, is not a statutory instrument for the purposes of the Statutory Instruments Act.

Unpaid fees

70. The amount of any fee imposed on a person under this Act and any interest thereon is a debt due to Her Majesty in right of Canada and may be recovered as such from the person on whom it was imposed in any court of competent jurisdiction.

Works and undertakings

71. Any work or undertaking constructed for the development, production or use of nuclear energy or for the mining, production, refinement, conversion, enrichment, proces sing, reprocessing, possession or use of a nuclear substance or for the production, possession or use of prescribed equipment or prescribed information is declared to be a work or undertaking for the general advantage of Canada.

Annual report

72. The Commission shall, within four months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission under this Act for that fiscal year, and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after receiving it.

TRANSITIONAL PROVISIONS

Definitions

73. The definitions in this section apply in this section and sections 74 to 80.

``Board''
« ancienne commission »

``Board'' means the Atomic Energy Control Board established by section 3 of the Atomic Energy Control Act, as that sec tion read immediately before the com mencement day.

``commence-
ment day''
« date d'entrée en vigueur »

``commencement day'' means the day on which this Act comes into force.

Board dissolved

74. The Board is hereby dissolved.

President of Commission

75. The person who holds the office of President of the Board immediately before the commencement day continues in office as the President of the Commission for the remainder of the term for which that person was appointed President.

Other members of Commission

76. Each person who holds office as a member of the Board immediately before the commencement day continues in office as a member of the Commission for the remainder of the term for which the person was appointed.

Rights and obligations transferred

77. (1) All rights and property of Her Majesty in right of Canada that are under the administration and control of the Board and all obligations and liabilities of the Board are hereby transferred to the Com mission.

References

(2) Every reference to the Board in a deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to the Commission.

Closing out affairs

(3) The Minister may do and perform all acts and things necessary for or incidental to closing out the affairs of the Board.

Commenceme nt of legal proceedings

78. (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Board, or in the closing out of the affairs of the Board, may be brought against the Commission in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board.

Continuation of legal proceedings

(2) Any action, suit or other legal pro ceeding to which the Board is party pending in any court immediately before the com mencement day may, on that day, be continued by or against the Commission in the like manner and to the same extent as it could have been continued by or against the Board.

Pending proceedings

(3) Proceedings pending before the Board immediately before the commencement day shall be taken up and continued before the Commission under and in accordance with this Act.

Transfer of staff

79. (1) Every person who, immediately before the commencement day, was an officer or employee of the Board becomes, on that day, an officer or employee, as the case may be, of the Commission.

Deemed appointment

(2) Every person to whom subsection (1) applies shall be deemed to have been appointed in accordance with subsection 16(1).

No severance pay

(3) For greater certainty, nothing in subsection (1) shall be construed as entitling any person to severance pay.

Period of service

(4) A person to whom subsection (1) applies shall be deemed, while an officer or employee of the Board, to have been employed in the Public Service for the purpose of determining the person's entitle ment to leave or any other employment benefit.

Licences

80. A licence that is issued pursuant to regulations made under paragraph 9(b) of the Atomic Energy Control Act and that is in force immediately before the commence ment day is deemed to have been issued under section 24 of this Act and to be in force for the remainder of the period for which it was issued under the Atomic Energy Control Act and any fees paid or payable under the AECB Cost Recovery Fees Regulations, 1994 in respect of such a licence are deemed to be paid or payable, as the case may be, under this Act.

Certificates, etc.

81. A certificate, approval, endorsement, authorization, designation, permit or speci fication issued pursuant to the Atomic Energy Control Act or any regulation made under that Act is deemed to have been issued pursuant to regulations made under this Act and to be in force for the remainder of the period for which it was issued under that Act or those regulations.

Nuclear installation

82. A nuclear installation designated by the Atomic Energy Control Board for the purposes of the Nuclear Liability Act is deemed to have been designated for those purposes by the Canadian Nuclear Safety Commission.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1

Access to Information Act

83. Schedule I to the Access to Informa tion Act is amended by striking out the following under the heading ``Other Gov ernment Institutions'':

Atomic Energy Control Board

    Commission de contrôle de l'énergie atomi que

84. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions``:

Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nuclé aire

85. Schedule II to the Act is amended by deleting the reference to

Atomic Energy Control Act

    Loi sur le contrôle de l'énergie atomique

and the corresponding reference to section 9.

86. Schedule II to the Act is amended by adding the following in alphabetical order:

Nuclear Safety and Control Act

    Loi sur la sûreté et la réglementation nucléaires

and by adding a corresponding reference to paragraphs 44(1)(d) and 48(b).

R.S., c. A-16

Atomic Energy Control Act

87. The long title to the Atomic Energy Control Act is replaced by the following:

An Act relating to the development and utilization of nuclear energy

88. The preamble to the Act is repealed.

89. Section 1 of the Act is replaced by the following:

Short title

1. This Act may be cited as the Nuclear Energy Act.

90. (1) The definitions ``atomic energy'', ``Board'', ``member'', ``prescribed sub stances'' and ``President'' in section 2 of the Act are repealed.

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

``nuclear energy''
« énergie nucléaire »

``nuclear energy'' has the meaning assigned to that expression by section 2 of the Nuclear Safety and Control Act;

``nuclear substance''
« substance nucléaire »

``nuclear substance'' has the meaning as signed to that expression by section 2 of the Nuclear Safety and Control Act.

1993, c. 34, s. 4(F)

91. The heading before section 3 and sections 3 to 9 of the Act are repealed.

92. Paragraphs 10(1)(c) and (d) of the Act are replaced by the following:

    (c) with the approval of the Governor in Council, acquire or cause to be acquired, by purchase, lease, requisition or expropri ation, nuclear substances and any mines, deposits or claims of nuclear substances and patent rights relating to nuclear energy and any works or property for production or preparation for production of, or for re search or investigations with respect to, nuclear energy; and

    (d) with the approval of the Governor in Council, license or otherwise make avail able or sell or otherwise dispose of discov eries and inventions relating to, and im provements in processes, apparatus or ma chines used in connection with, nuclear energy and patent rights acquired under this Act and collect royalties and fees on and payments for those licences, discoveries, inventions, improvements and patent rights.

93. (1) Subsection 11(1) of the Act is replaced by the following:

Shares held in trust

11. (1) The shares of the capital stock of a company, except the shares that are necessary to qualify persons other than the Minister as directors, shall be owned or held by the Minister, or by another company, in trust for Her Majesty in right of Canada.

(2) Subsection 11(3) of the Act is repealed.

1994, c. 43, s. 82

94. Sections 12 to 17 of the Act are replaced by the following:

Claim for compensation may be referred to Federal Court

14. (1) Whenever any property has been requisitioned or expropriated under this Act and the Minister and the owner of the property have not, within such period as the Minister of Justice considers reasonable, agreed on the compensation to be made for the property, the claim for compensation shall be referred by the Minister of Justice to the Federal Court.

Exception

(2) Subsection (1) does not apply in respect of land described in subsections 10(2) and (3).

Expenses

15. All expenses under this Act shall be paid out of moneys appropriated by Parliament for the purpose or received by a company through the conduct of its operations or by bequest, donation or otherwise.

95. Paragraph 18(c) of the Act is replaced by the following:

    (c) for the production, refining or treatment of nuclear substances,

96. Subsection 19(1) of the Act is re pealed.

97. Sections 20 and 21 of the Act are repealed.

98. Schedule I to the Act is repealed.

99. The Act is amended by replacing the expression ``atomic energy'' with the ex pression ``nuclear energy'' in the following provisions:

    (a) paragraphs 10(a) and (b); and

    (b) paragraphs 18(a) and (b).