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Nuclear Safety and Control Act (S.C. 1997, c. 9)

Act current to 2022-07-25 and last amended on 2017-01-01. Previous Versions

Canadian Nuclear Safety Commission (continued)

Regulations

Marginal note:Regulations

  •  (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 or for the participant funding program that it establishes and maintains;

    • (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;

    • (u.1) designating as a violation that may be proceeded with in accordance with this Act

      • (i) the contravention of any specified provision of this Act or of any of its regulations,

      • (ii) the contravention of any order or decision, or of any order or decision of any specified class of orders or decisions, made under this Act, or

      • (iii) the failure to comply with any term or condition of a licence, or any term or condition of any specified class of licences;

    • (u.2) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;

    • (u.3) respecting the service of documents required or authorized under section 65.05, 65.1 or 65.13, including the manner and proof of service and the circumstances under which documents are deemed to be served;

    • (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.

  • Marginal note:Amount not to exceed cost

    (2) The fees referred to in paragraph (1)(i) may not exceed a reasonable estimate of the cost of providing the information, product or service or of the costs of the participant funding program.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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).

  • Marginal note:Administration

    (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.

  • Marginal note:Administration

    (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Publication of proposed regulations

    (12) A copy of each regulation that the Commission proposes to make under paragraph (1)(i) or (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.

  • Marginal note:Restriction — amount of penalty

    (13) The amount that may be determined under any regulations made under paragraph (1)(u.2) as the penalty for a violation shall not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person.

  • 1997, c. 9, s. 44
  • 2001, c. 34, s. 61(F)
  • 2010, c. 12, s. 2151
  • 2012, c. 19, s. 129

Exceptional Powers

Marginal note:Notification of contamination, etc.

 Every person who, on reasonable grounds, believes that

  • (a) a place or vehicle is contaminated, in excess of the prescribed limit, by a radioactive nuclear substance, or

  • (b) an event has occurred that is likely to result in the exposure of persons or the environment to a dose of radiation in excess of the prescribed limits,

shall immediately notify the Commission or an appropriate authority of the location and circumstances of the contamination or event.

Marginal note:Contaminated land

  •  (1) Where the Commission believes, on reasonable grounds, that there is contamination in excess of the prescribed limit by a radioactive nuclear substance at any place, the Commission may conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination has occurred.

  • Marginal note:Notice of contamination

    (2) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission shall file a notice of contamination in the land registry office or other office where title to land is recorded for the area in which the place is located, or in any other prescribed public office.

  • Marginal note:Measures

    (3) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission may, in addition to filing a notice under subsection (2), order that the owner or occupant of, or any other person who has the management and control of, the affected land or place take the prescribed measures to reduce the level of contamination.

  • Marginal note:Hearing re cancellation

    (4) Where the Commission believes on reasonable grounds that there is no longer contamination referred to in subsection (1) at a place with respect to which a notice has been filed under subsection (2), the Commission shall conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination is no longer present.

  • Marginal note:Notice of cancellation

    (5) Where, after conducting a hearing under subsection (4), the Commission is satisfied that the contamination is no longer present, the Commission shall file a notice of cancellation wherever a notice of contamination in relation to the place was filed.

  • Marginal note:Notice of determination

    (6) A notice of contamination or cancellation is to be filed following a hearing under this section and, before such filing, the Commission shall give notice in the prescribed manner to the owner or occupant of the affected land and any other prescribed person of the Commission’s determination.

  • Marginal note:Notice of order

    (7) The Commission shall give notice in the prescribed manner of an order made under subsection (3) to any person named in or subject to the order.

  • 1997, c. 9, s. 46
  • 2003, c. 1, s. 1

Marginal note:Emergency orders

  •  (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

 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

 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.

Marginal note:Offence to possess certain nuclear substances, etc.

 Every person commits an offence who, except as authorized by this Act, possesses a nuclear substance, prescribed equipment or prescribed information that is capable of being used to produce a nuclear weapon or a nuclear explosive device.

Marginal note:Punishment

  •  (1) Every person who contravenes section 36 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

  • Marginal note:Punishment

    (2) Every person who commits an offence under section 50 is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Punishment

    (3) Every person who commits an offence other than an offence in respect of which subsection (1) or (2) applies

    • (a) is guilty of an indictable offence and liable to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or

    • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $500,000 or to imprisonment for a term not exceeding eighteen months or to both.

 
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