Nuclear Fuel Waste Act (S.C. 2002, c. 23)

Marginal note:Duty to assist auditor

• 26 (1) Every person shall give all reasonable assistance to an auditor.

• Marginal note:Prohibitions

  (2) No person shall obstruct or hinder an auditor, or make a false or misleading statement, either orally or in writing, or provide false or misleading information, to an auditor.

Offences and Punishment

Marginal note:Failure to deposit amounts

• 27 (1) If a nuclear energy corporation or Atomic Energy of Canada Limited fails to comply with subsection 10(5) or section 17, it is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 for each day on which the offence is committed or is continued.

• Marginal note:Court order

  (2) If a body is convicted under subsection (1), the court may, in addition to any punishment imposed under that subsection, order the body to deposit to its trust fund, on or before the date fixed by the court, the amount that it failed to deposit as required, plus interest on that amount at the prime rate plus two per cent calculated from the day on which the amount was required to have been deposited.

• Marginal note:Failure to comply with court order

  (3) If a body fails to comply with an order made under subsection (2), it is guilty of an offence punishable on summary conviction and liable to a fine equal to twenty per cent of the aggregate amount set out in that order.

Marginal note:Failure to submit study

• 28 (1) If the waste management organization fails to submit the study of its proposed approaches within the period set out in subsection 12(1), it is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 for each day on which the offence is committed or is continued.

• Marginal note:Failure to submit revised study, annual report

  (2) If the waste management organization fails to comply with a direction of the Minister made under subsection 14(2), or fails to submit the report of its activities within the period set out in subsection 16(1), it is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 for each day on which the offence is committed or is continued.

• Marginal note:Failure to submit revised annual report

  (3) If the waste management organization fails to comply with a direction of the Minister made under subsection 16(4), it is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 for each day on which the offence is committed or is continued.

• Marginal note:Withdrawals, making documents public

  (4) If the waste management organization withdraws moneys from a trust fund without the Minister’s approval where that approval is required under subsection 11(4), or fails to comply with section 24, it is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.

• Marginal note:Auditors

  (5) Every person who contravenes section 26 is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.

• Marginal note:Other offences

  (6) Every person who contravenes any other provision of this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

Marginal note:Offence by employee or agent

29 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

Marginal note:Due diligence

30 No person shall be found guilty of an offence under this Act if it is established that the person exercised all due diligence to comply with this Act or to prevent the commission of the offence.

Marginal note:Time limit for prosecution

31 Proceedings in respect of an offence under this Act may be instituted within but not later than two years after the time when the subject matter of the proceedings arose or the Minister became aware of the subject matter of the proceedings.

Coming into Force

Marginal note:Coming into force

Footnote ^*32 This Act comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force November 15, 2002, see SI/2002-139.]