GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nuclear Safety and Control Act — N-28.3 17
Technical assistance 17 (1) The Commission may enter into contracts for the services of any persons having technical or specialized knowledge of any matter relating to the work of the Commission, to advise and assist the Commission in the exercise or performance of any of its powers, duties or functions under this Act, and those persons shall receive such payment for their services and such expenses as are fixed by the Commission. Delegation to President (2) The Commission may delegate to the President any of the powers conferred on it by subsection (1). 1997, c. 9, s. 17; 2002, c. 17, s. 23
Nuclear Safety and Control Act — N-28.3 18
Immunity 18 (1) No civil proceedings may be brought against any member or other person or authority acting on behalf or under the direction of the Commission for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commission under this Act or for any alleged neglect or default in the execution in good faith of any such power, duty or function. Immunity (2) No civil proceedings may be brought against any person or authority referred to in subsection 44(8) or (9) for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commission under this Act or for any alleged neglect or default in the execution in good faith of any such power, duty or function. Commission not relieved (3) Nothing in this section relieves the Commission of liability in respect of a tort or extracontractual civil liability to which the Commission would otherwise be subject.
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Directive of Governor in Council 19 (1) The Governor in Council may, by order, issue to the Commission directives of general application on broad policy matters with respect to the objects of the Commission. Directives binding (2) An order made under this section is binding on the Commission. Publication and tabling (3) A copy of each order made under this section shall be (a) published in the Canada Gazette ; and (b) laid before each House of Parliament.
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Powers 21 (1) The Commission may, in order to attain its objects, (a) enter into arrangements, including an arrangement to provide training, with any person, any department or agency of the Government of Canada or of a province, any regulatory agency or department of a foreign government or any international agency; (b) establish and maintain programs to provide the Commission with scientific, technical and other advice and information; (b.1) establish and maintain a participant funding program to facilitate the participation of the public in proceedings under this Act; (c) establish, and fix the terms of reference of, advisory, standing and other committees; (d) establish and maintain offices and laboratories; (e) disseminate objective scientific, technical and regulatory information to the public concerning the activities of the Commission and the effects, on the environment or on the health or safety of persons, of the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information; (f) provide, under an appropriate security classification, to any department or agency of a foreign government or international agency with which Canada or the Commission has entered into an arrangement for the provision of such information, information relating to the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information including, after obtaining such assurances as it considers necessary to protect any commercial interest, protected commercial information; (g) charge any fees that may be prescribed for any information, product or service that it provides under this Act or for the participant funding program that it establishes and maintains under this Act; (h) certify and decertify prescribed equipment for the purposes of this Act; (i) certify and decertify persons referred to in paragraph 44(1)(k) as qualified to carry out their duties under this Act or the duties of their employment, as the case may be; and (j) authorize the return to work of persons whose dose of radiation has or may have exceeded the prescribed radiation dose limits. Refund of fees (2) The Commission may, under the prescribed circumstances, refund all or part of any fee referred to in paragraph (1)(g). Expenditure of revenue from fees (3) The Commission may spend for its purposes the revenue from the fees it charges for licences or classes of licences issued under section 24 in the fiscal year in which the revenues are received or in the next fiscal year. 1997, c. 9, s. 21; 2001, c. 34, s. 58; 2010, c. 12, s. 2150; 2013, c. 33, s. 173
Nuclear Safety and Control Act — N-28.3 22
Establishment of panels 22 (1) The President may establish a panel of the Commission consisting of one or more members and, subject to subsection (3), the panel may, as directed by the President, exercise or perform any or all of the powers, duties and functions of the Commission. Act of a panel (2) An act of a panel is deemed to be an act of the Commission. Exceptions (3) A panel may not make by-laws or regulations or review a decision or order of the Commission.
Nuclear Safety and Control Act — N-28.3 23
Decision-making by Commission 23 (1) The President or the presiding member shall not vote at a meeting of the Commission or a panel of the Commission, as the case may be, except that the President or presiding member has and shall cast the deciding vote in case of an equal division. Member ceasing to hold office (2) A person who has ceased to be a member may, with the authorization of the President and for such period as the President may fix, take part in the disposition of any matter in which that person became engaged while holding office as a member, and a person so authorized shall, for that purpose, be deemed to be a member of the Commission. Where member unable to act (3) Where any member has taken part in a matter and for any reason is unable to take part in the disposition of the matter, the remaining members who took part in the matter may, with the authorization of the President, make the disposition notwithstanding that the quorum may have been lost. Where one-member panel unable to act (4) Where a panel consists of one member and the member is at any time unable to dispose of a matter that is before the panel, the President may authorize another member to consider and dispose of the matter.
Nuclear Safety and Control Act — N-28.3 24
Licences 24 (1) The Commission may establish classes of licences authorizing the licensee to carry on any activity described in any of paragraphs 26(a) to (f) that is specified in the licence for the period that is specified in the licence. Application (2) The Commission may issue, renew, suspend in whole or in part, amend, revoke or replace a licence, or authorize its transfer, on receipt of an application (a) in the prescribed form; (b) containing the prescribed information and undertakings and accompanied by the prescribed documents; and (c) accompanied by the prescribed fee. Refund of fees (3) The Commission may, under the prescribed circumstances, refund all or part of any fee referred to in paragraph (2)(c). Conditions for issuance, etc. (4) No licence shall be issued, renewed, amended or replaced — and no authorization to transfer one given — unless, in the opinion of the Commission, the applicant or, in the case of an application for an authorization to transfer the licence, the transferee (a) is qualified to carry on the activity that the licence will authorize the licensee to carry on; and (b) will, in carrying on that activity, make adequate provision for the protection of the environment, the health and safety of persons and the maintenance of national security and measures required to implement international obligations to which Canada has agreed. Terms and conditions of licences (5) A licence may contain any term or condition that the Commission considers necessary for the purposes of this Act, including a condition that the applicant provide a financial guarantee in a form that is acceptable to the Commission. Application of proceeds of financial guarantee (6) The Commission may authorize the application of the proceeds of any financial guarantee referred to in subsection (5) in such manner as it considers appropriate for the purposes of this Act. Refund (7) The Commission shall grant to any person who provided a financial guarantee under subsection (5) a refund of any of the proceeds of the guarantee that have not been spent and may give the person, in addition to the refund, interest at the prescribed rate in respect of each month or fraction of a month between the time the financial guarantee is provided and the time the refund is granted, calculated on the amount of the refund. (8) [Repealed, 2012, c. 19, s. 124] 1997, c. 9, s. 24; 2001, c. 34, s. 59(F); 2012, c. 19, s. 124
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Renewal, etc. 25 The Commission may, on its own motion, renew, suspend in whole or in part, amend, revoke or replace a licence under the prescribed conditions.
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Prohibitions 26 Subject to the regulations, no person shall, except in accordance with a licence, (a) possess, transfer, import, export, use or abandon a nuclear substance, prescribed equipment or prescribed information; (b) mine, produce, refine, convert, enrich, process, reprocess, package, transport, manage, store or dispose of a nuclear substance; (c) produce or service prescribed equipment; (d) operate a dosimetry service for the purposes of this Act; (e) prepare a site for, construct, operate, modify, decommission or abandon a nuclear facility; or (f) construct, operate, decommission or abandon a nuclear-powered vehicle or bring a nuclear-powered vehicle into Canada.
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Records and reports 27 Every licensee and every prescribed person shall (a) keep the prescribed records, including a record of the dose of radiation received by or committed to each person who performs duties in connection with any activity that is authorized by this Act or who is present at a place where that activity is carried on, retain those records for the prescribed time and disclose them under the prescribed circumstances; and (b) make the prescribed reports and file them in the prescribed manner, including a report on (i) any theft or loss of a nuclear substance, prescribed equipment or prescribed information that is used in carrying on any activity that is authorized by this Act, and (ii) any contravention of this Act in relation to an activity that is authorized by this Act and any measure that has been taken in respect of the contravention.
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Designation of analysts 28 The Commission may designate as an analyst for the purposes of this Act any person whom the Commission considers qualified.
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Designation of inspectors 29 (1) The Commission may designate as an inspector for the purposes of this Act any person whom the Commission considers qualified and any person so designated shall be provided with a certificate in the prescribed form certifying the person’s designation. Contents of certificate (2) The certificate must list any category of place or vehicle that the inspector has been designated to inspect, any condition that must be satisfied by the inspector in conducting an inspection and any restriction on the powers conferred on the inspector, and on entering or inspecting a place or vehicle the inspector shall, if requested, show the certificate to the person in charge of the place or vehicle.
Nuclear Safety and Control Act — N-28.3 30
Inspection 30 (1) In order to verify compliance with this Act, the regulations, an order or decision made under this Act or a condition of a licence, an inspector may, at any reasonable time and in accordance with the inspector’s certificate, enter and inspect (a) a nuclear facility; (b) a nuclear-powered vehicle or a vehicle that the inspector believes on reasonable grounds is transporting a nuclear reactor, nuclear substance, prescribed equipment or prescribed information; and (c) a vehicle or place in which the inspector believes on reasonable grounds there is a nuclear substance, prescribed equipment, prescribed information or a record that is required by this Act, the regulations, an order or decision made under this Act, or a condition of a licence. Dwelling-houses (2) In the case of an inspection of a dwelling-house (a) the inspector shall give reasonable notice to the licensee that an inspection is to be carried out; (b) the inspection shall be conducted between the hours of 7:00 a.m. and 9:00 p.m., local time, where the licensee and the inspector cannot agree on a time for the inspection; and (c) the inspection shall be limited to the parts of the dwelling-house in which the nuclear substance, prescribed equipment, prescribed information or record is kept. Special circumstances (3) An inspector may, at any time, enter and inspect a vehicle or place in which the inspector believes on reasonable grounds that (a) there is contamination by a nuclear substance; (b) a nuclear substance is being used, handled, stored or transported in a manner that may cause an unreasonable risk to the environment or to the health or safety of persons; or (c) a nuclear facility is being operated in a manner or is in a state that may cause an unreasonable risk to the environment or to the health or safety of persons.
Nuclear Safety and Control Act — N-28.3 31
Search without warrant 31 For the purposes of ensuring compliance with this Act and the regulations, an inspector may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain a warrant.
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Powers of inspectors 32 The measures that an inspector may take, in exercising authority under this Act, include (a) using any equipment or causing any equipment to be used; (b) taking any measurement; (c) carrying out any test on a vehicle or in relation to anything in a vehicle or place that the inspector has been designated to inspect; (d) examining any vehicle or place and making or causing to be made a record of anything in any vehicle or place that the inspector has been designated to inspect and removing anything from such a vehicle or place for a reasonable period for the purpose of making a record of it; (e) opening or requesting the opening of any receptacle; (f) taking and disposing of any sample; (g) examining any records that are required to be kept or reports that are required to be made under this Act, or any books, records, electronic data or other documents that the inspector believes on reasonable grounds relate to such records or reports; or (h) questioning any person in charge of, found in or having a connection with, any vehicle or place that the inspector has entered, inspected or searched or from which any thing is seized by an inspector.
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Inspector may be accompanied 33 While exercising any authority under this Act, an inspector may be accompanied by any other person chosen by the inspector.
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Disposal or return of seized property 34 Any thing seized by an inspector in the course of exercising authority under this Act or under a warrant issued under the Criminal Code shall be disposed of or returned to the owner or person in charge of it (a) on the order of a court, after all proceedings before the court in respect of an offence under this Act or the regulations in relation to the thing are finally concluded; or (b) on the order of the Federal Court, at any time on application by the Commission or the owner or person in charge.
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Order of an inspector 35 (1) An inspector may order that a licensee take any measure that the inspector considers necessary to protect the environment or the health or safety of persons or to maintain national security or compliance with international obligations to which Canada has agreed. Order of an inspector (2) Where an inspector enters or inspects any vehicle or place (a) in the circumstances described in paragraph 30(3)(a), the inspector may order that any person evacuate, close, seal, label or take any measures that the inspector considers necessary to decontaminate, the place or vehicle; (b) in the circumstances described in paragraph 30(3)(b), the inspector may order that any person use, handle, store or transport the nuclear substance in a manner that will not cause an unreasonable risk to the environment or to the health or safety of persons; (c) in either of the circumstances described in paragraph 30(3)(c), the inspector may order that any person operate the nuclear facility in a manner or put it in a state that will not cause an unreasonable risk to the environment or to the health or safety of persons; or (d) in the circumstances described in section 31, the inspector may order that any person take any measure that the inspector considers necessary to protect the environment or the health or safety of persons or to maintain national security or compliance with international obligations to which Canada has agreed. Review by Commission (3) An inspector shall refer any order made under this section to the Commission for review and the Commission shall confirm, amend, revoke or replace the order.
Nuclear Safety and Control Act — N-28.3 36
Assistance to inspectors 36 Every owner of a place or vehicle that is entered, inspected or searched or from which any thing is seized by an inspector, every person in charge of or found in such a place and every person with control of or found in such a vehicle shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act.
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Designated officers 37 (1) The Commission may designate, by name, title of office or class of persons, any person whom the Commission considers qualified as a designated officer and any officer so designated shall be provided with a certificate setting out the duties that the designated officer is authorized to carry out. Duties (2) The Commission may authorize a designated officer to (a) certify and decertify prescribed equipment for the purposes of this Act; (b) certify and decertify persons referred to in paragraph 44(1)(k) as qualified to carry out their duties under this Act or the duties of their employment, as the case may be; (c) issue, on receipt of an application referred to in subsection 24(2), a licence of a class established by the Commission; (d) renew, suspend in whole or in part, amend, revoke or replace — or authorize the transfer of — a licence referred to in paragraph (c) on receipt of an application referred to in subsection 24(2); (e) designate any person whom the designated officer considers qualified as an analyst under section 28 or as an inspector under subsection 29(1); (f) make any order that an inspector may make under subsection 35(1) or (2); (g) confirm, amend, revoke or replace any order made by an inspector; or (h) authorize the return to work of persons whose dose of radiation has or may have exceeded the prescribed radiation dose limits. Production of certificate of designation (3) In carrying out any of the duties referred to in subsection (2), a designated officer shall, if requested, produce the designated officer’s certificate of designation. Notice (4) A designated officer who refuses to issue, renew, suspend, amend, revoke or replace a licence, or authorize its transfer, shall notify the applicant of the refusal. Report to Commission (5) A designated officer shall report to the Commission on (a) a refusal by the designated officer to issue, renew, suspend, amend, revoke or replace a licence or authorize its transfer; (b) the issuance by the designated officer of a licence that contains the condition that the applicant provide a financial guarantee referred to in subsection 24(5); (c) a renewal of a licence where the terms or conditions of the licence are amended, or a suspension, amendment, revocation or replacement of a licence, other than an amendment of terms or conditions or a suspension, amendment, revocation or replacement made on the application, or with the consent, of the licensee; and (d) a confirmation, amendment, revocation or replacement of an order under paragraph (2)(g). Review of report by Commission (6) A designated officer shall refer any order made under paragraph (2)(f) to the Commission for review and the Commission shall confirm, amend, revoke or replace the order. 1997, c. 9, s. 37; 2001, c. 34, s. 60; 2012, c. 19, s. 125
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Procedure for certain decisions and orders 38 Every order of an inspector and every order of a designated officer under paragraph 37(2)(f) shall be made, and every measure under paragraph 37(2)(c), (d) or (g) shall be taken, in accordance with the prescribed rules of procedure.
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Designated officer to provide opportunity to be heard 39 (1) A designated officer shall provide a reasonable opportunity to be heard to (a) the applicant, before refusing to issue a licence under paragraph 37(2)(c); (a.1) the applicant, before refusing to authorize the transfer under paragraph 37(2)(d); (b) the licensee, before renewing, suspending, amending, revoking or replacing a licence or authorizing its transfer, under paragraph 37(2)(d), or before refusing to take any of those actions; and (c) any person named in or subject to the order, before confirming, amending, revoking or replacing an order under paragraph 37(2)(g). Exception (2) Subsection (1) does not apply in respect of a renewal, suspension, amendment, revocation or replacement of a licence on the application of the licensee. 1997, c. 9, s. 39; 2012, c. 19, s. 126
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Compliance with order 41 Every person named in, or subject to, an order of the Commission, an inspector or a designated officer shall, whether or not the person has had an opportunity to make representations with respect to the order, comply with the order within the time specified in it or, if no time is specified, immediately.
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Liability for costs of measures 42 (1) Where the Commission, an inspector or a designated officer makes an order in relation to a nuclear substance, prescribed equipment, prescribed information or a nuclear facility, the person who is in possession of the nuclear substance, prescribed equipment or prescribed information or the owner or person in charge of the nuclear facility at the time the order is made is, without proof of fault or negligence, liable to pay any costs that any other person incurs in complying with the order. Indemnity (2) Nothing in subsection (1) shall be construed to restrict the owner’s or person’s right of recourse against or indemnity from any other person in respect of the liability. Liability under Nuclear Liability and Compensation Act (3) Nothing in this section shall be construed as limiting an operator’s liability under the Nuclear Liability and Compensation Act . 1997, c. 9, s. 42; 2015, c. 4, s. 124