Nuclear Safety and Control Act (S.C. 1997, c. 9)
Full Document:
Act current to 2012-05-02 and last amended on 2010-07-12. Previous Versions
Marginal note: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.
Marginal note: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
Marginal note: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.
Marginal note: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.
