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Bill C-23

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1989, c. 3

Canadian Transportation Accident Investigation and Safety Board Act

100. The schedule to the Canadian Trans portation Accident Investigation and Safety Board Act is amended by striking out the following:

Atomic Energy Control Board

    Commission de contrôle de l'énergie atomi que

101. The schedule to the Act is amended by adding the following in alphabetical order:

Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nuclé aire

R.S., c. F-11

Financial Administration Act

102. Schedule II to the Financial Admin istration Act is amended by striking out the following:

Atomic Energy Control Board

    Commission de contrôle de l'énergie atomi que

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

Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nuclé aire

R.S., c. H-3

Hazardous Products Act

R.S., c. 24 (3rd Supp.), s. 1

104. Paragraph 3(1)(d) of the Hazardous Products Act is replaced by the following:

    (d) nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive.

R.S., c. 24 (3rd Supp.), s. 1

105. Paragraph 12(d) of the Act is re placed by the following:

    (d) nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive;

R.S., c. L-2

Canada Labour Code

R.S., c. 9 (1st Supp.), s. 3

106. Section 123.1 of the Act is replaced by the following:

Exclusion from application

123.1 The Governor in Council may, by order, exclude, in whole or in part, from the application of this Part or any specified provision of this Part employment on or in connection with any work or undertaking that is regulated pursuant to the Nuclear Safety and Control Act.

R.S., c. M-13

Municipal Grants Act

107. Schedule III to the Municipal Grants Act is amended by striking out the follow ing:

Atomic Energy Control Board

    Commission de contrôle de l'énergie atomi que

108. Schedule III to the Act is amended by adding the following in alphabetical order:

Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nuclé aire

R.S., c. N-28

Nuclear Liability Act

109. (1) The portion of the definition ``nuclear installation'' in section 2 of the Nuclear Liability Act before paragraph (a) is replaced by the following:

``nuclear installation''
« installation nucléaire »

``nuclear installation'' means a structure, es tablishment or place, or two or more struc tures, establishments or places at a single location, coming within any of the follow ing descriptions and designated as a nuclear installation for the purposes of this Act by the Canadian Nuclear Safety Commission, namely,

(2) The definition ``operator'' in section 2 of the Act is replaced by the following:

``operator''
« exploitant »

``operator'' means the holder of a subsisting licence issued pursuant to the Nuclear Safe ty and Control Act for the operation of a nu clear installation or, in relation to any nu clear installation for the operation of which there is no subsisting licence, the recipient of the licence last issued pursuant to the Nu clear Safety and Control Act for the opera tion of that nuclear installation.

110. Paragraph 15(1)(a) of the Act is replaced by the following:

    (a) basic insurance for such term and for such amount not exceeding seventy-five million dollars as may be prescribed with respect to that nuclear installation by the Canadian Nuclear Safety Commission, with the approval of the Treasury Board, and

R.S., c. P-4

Patent Act

R.S., c. 33 (3rd Supp.), s. 5

111. Section 22 of the Patent Act and the heading before it are replaced by the following:

PATENTS RELATING TO NUCLEAR ENERGY

Communica-
tion to Canadian Nuclear Safety Commission

22. Any application for a patent for an invention that, in the opinion of the Commis sioner, relates to the production, application or use of nuclear energy shall, before it is dealt with by an examiner appointed pursuant to section 6 or is open to inspection by the public under section 10, be communicated by the Commissioner to the Canadian Nuclear Safety Commission.

R.S., c. P-21

Privacy Act

112. The schedule to the Privacy Act is amended by striking out the following under the heading ``Other Government Institutions'':

Atomic Energy Control Board

    Commission de contrôle de l'énergie atomi que

113. The schedule to the Act is amended by adding the following in alphabetical order under the heading ``Other Govern ment Institutions'':

Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nuclé aire

1991, c. 30

Public Sector Compensation Act

114. Schedule I to the Public Sector Compensation Act is amended by striking out the following:

Atomic Energy Control Board

    Commission de contrôle de l'énergie atomi que

115. Schedule I to the Act is amended by adding the following in alphabetical order:

Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nuclé aire

R.S., c. P-32

Public Servants Inventions Act

116. Subsection 8(2) of the Public Ser vants Inventions Act is replaced by the following:

Restrictions

(2) No interest in an invention coming within section 20 or 21 of the Patent Act shall be waived, abandoned or transferred under this section without the approval of the Minister of National Defence, and no interest in an invention coming within section 22 of that Act shall be waived, abandoned or transferred under this section without the approval of the Canadian Nuclear Safety Commission.

R.S., c. P-35

Public Service Staff Relations Act

117. Part II of Schedule I to the Public Service Staff Relations Act is amended by striking out the following:

Atomic Energy Control Board

    Commission de contrôle de l'énergie atomi que

118. Part II of Schedule I to the Act is amended by adding the following in alpha betical order:

Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nuclé aire

R.S., c. P-36

Public Service Superannuation Act

119. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

Atomic Energy Control Board

    Commission de contrôle de l'énergie atomi que

120. Part I of Schedule I to the Act is amended by adding the following in alpha betical order:

Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nuclé aire

R.S., c. R-1

Radiation Emitting Devices Act

121. Paragraph 3(a) of the Radiation Emitting Devices Act is replaced by the following:

    (a) a radiation emitting device that is designed primarily for the production of nuclear energy within the meaning of the Nuclear Safety and Control Act; or

1992, c. 34

Transportation of Dangerous Goods Act, 1992

122. Paragraph (b) of the definition ``accidental release'' in section 2 of the Transportation of Dangerous Goods Act, 1992 is replaced by the following:

      (b) emission of ionizing radiation that exceeds a level or limit established under the Nuclear Safety and Control Act;

123. Class 7 of the schedule to the Act is replaced by the following:

Class 7 - Nuclear substances, within the meaning of the Nuclear Safety and Control Act, that are radioactive

CONDITIONAL AMENDMENTS

Part XX.1 of Criminal Code

124. On the later of the day on which subsection 672.64(1) of the Criminal Code, as enacted by section 4 of An Act to amend the Criminal Code (mental disorder) and to amend the National Defence Act and the Young Offenders Act in consequence thereof, chapter 43 of the Statutes of Canada, 1991, comes into force and the day on which this Act comes into force,

    (a) item 67 of the schedule to Part XX.1 of the Criminal Code and the heading before it are repealed; and

    (b) the schedule to Part XX.1 of the Criminal Code is amended by adding the following after item 90:

NUCLEAR SAFETY AND CONTROL ACT

90.1 Paragraphs 48(a) and (b) and section 50 - offence

Bill C-3

125. (1) If Bill C-3, introduced in the second session of the thirty-fifth Parliament and entitled An Act to amend the Canada Labour Code (nuclear undertakings) and to make a related amendment to another Act, is assented to, then, on the later of the coming into force of that Act and the coming into force of this Act:

    (a) section 121.1 of the Canada Labour Code is replaced by the following:

Provincial Crown corporations

121.1 The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

    (b) subsection 121.2(1) of the Canada Labour Code is replaced by the following:

Exclusion from application

121.2 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

    (c) section 158 of the Canada Labour Code is replaced by the following:

Provincial Crown corporations

158. The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

    (d) subsections 159(1) and (2) of the Canada Labour Code are replaced by the following:

Exclusion from application

159. (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

Regulations

(2) On the recommendation of the Minister after consultation with the Canadian Nuclear Safety Commission, the Governor in Council may make regulations relating to occupational safety and health in relation to employment that is subject to a regulation made pursuant to subsection (1).

    (e) section 265 of the Canada Labour Code is replaced by the following:

Provincial Crown corporations

265. The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

    (f) subsection 266(1) of the Canada La bour Code is replaced by the following: