GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nuclear Liability and Compensation Act — N-28.1 (a) (i)
(a) (i) the Installation State shall ensure the availability of 300 million SDRs or a greater amount that it may have specified to the Depositary at any time prior to the nuclear incident, or a transitional amount pursuant to subparagraph (ii); (ii) a Contracting Party may establish for the maximum of 10 years from the date of the opening for signature of this Convention, a transitional amount of at least 150 million SDRs in respect of a nuclear incident occurring within that period. ...
Nuclear Liability and Compensation Act — N-28.1 (ii)
(ii) a Contracting Party may establish for the maximum of 10 years from the date of the opening for signature of this Convention, a transitional amount of at least 150 million SDRs in respect of a nuclear incident occurring within that period.
Nuclear Liability and Compensation Act — N-28.1
Without prejudice to obligations which Contracting Parties may have under other international agreements, the Contracting Party whose courts have jurisdiction shall inform the other Contracting Parties of a nuclear incident as soon as it appears that the damage caused by such incident exceeds, or is likely to exceed, the amount available under Article 111.1 (a) and that contributions under Article 111.1 (b) may be required. The Contracting Parties shall without delay make all the necessary arrangements to settle the procedure for their relations in this connection.
Nuclear Liability and Compensation Act — N-28.1 1
1 Following the notification referred to in Article VI, and subject to Article X.3, the Contracting Party whose courts have jurisdiction shall request the other Contracting Parties to make available the public funds required under Article 111.1 (b) to the extent and when they are actually required and shall have exclusive competence to disburse such funds.
Nuclear Liability and Compensation Act — N-28.1 2
2 Independently of existing or future regulations concerning currency or transfers, Contracting Parties shall authorize the transfer and payment of any contribution provided pursuant to Article III.1 (b) without any restriction.
Nuclear Liability and Compensation Act — N-28.1 1
1 Each Contracting State shall, at the time when it deposits its instrument of ratification, acceptance, approval or accession, communicate to the Depositary a complete listing of all nuclear installations referred to in Article IV.3. The listing shall contain the necessary particulars for the purpose of the calculation of contributions.
Nuclear Liability and Compensation Act — N-28.1 2
2 Each Contracting State shall promptly communicate to the Depositary all modifications to be made to the list. Where such modifications include the addition of a nuclear installation, the communication must be made at least three months before the expected date when nuclear material will be introduced into the installation.
Nuclear Liability and Compensation Act — N-28.1 3
3 If a Contracting Party is of the opinion that the particulars, or any modification to be made to the list communicated by a Contracting State pursuant to paragraphs 1 and 2, do not comply with the provisions, it may raise objections thereto by addressing them to the Depositary within three months from the date on which it has received notice pursuant to paragraph 5. The Depositary shall forthwith communicate this objection to the State to whose information the objection has been raised. Any unresolved differences shall be dealt with in accordance with the dispute settlement procedure laid down in Article XVI.
Nuclear Liability and Compensation Act — N-28.1 4
4 The Depositary shall maintain, update and annually circulate to all Contracting States the list of nuclear installations established in accordance with this Article. Such list shall consist of all the particulars and modifications referred to in this Article, it being understood that objections submitted under this Article shall have effect retrospective to the date on which they were raised, if they are sustained.
Nuclear Liability and Compensation Act — N-28.1 5
5 The Depositary shall give notice as soon as possible to each Contracting Party of the communications and objections which it has received pursuant to this Article.
Nuclear Liability and Compensation Act — N-28.1 1
1 This Convention shall be subject to ratification, acceptance or approval by the signatory States. An instrument of ratification, acceptance or approval shall be accepted only from a State which is a Party to either the Vienna Convention or the Paris Convention, or a State which declares that its national law complies with the provisions of the Annex to this Convention, provided that, in the case of a State having on its territory a nuclear installation as defined in the Convention on Nuclear Safety of 17 June 1994, it is a Contracting State to that Convention.
Nuclear Liability and Compensation Act — N-28.1 2
2 The instruments of ratification, acceptance or approval shall be deposited with the Director General of the International Atomic Energy Agency who shall act as the Depositary of this Convention.
Nuclear Liability and Compensation Act — N-28.1 3
3 A Contracting Party shall provide the Depositary with a copy, in one of the official languages of the United Nations, of the provisions of its national law referred to in Article II.1 and amendments thereto, including any specification made pursuant to Article III. I (a), Article XI.2, or a transitional amount pursuant to Article III.1 (a)(ii). Copies of such provisions shall be circulated by the Depositary to all other Contracting Parties.
Nuclear Liability and Compensation Act — N-28.1 1
1 After its entry into force, any State which has not signed this Convention may accede to it. An instrument of accession shall be accepted only from a State which is a Party to either the Vienna Convention or the Paris Convention, or a State which declares that its national law complies with the provisions of the Annex to this Convention, provided that, in the case of a State having on its territory a nuclear installation as defined in the Convention on Nuclear Safety of 17 June 1994, it is a Contracting State to that Convention.
Nuclear Liability and Compensation Act — N-28.1 2
2 The instruments of accession shall be deposited with the Director General of the International Atomic Energy Agency.
Nuclear Liability and Compensation Act — N-28.1 3
3 A Contracting Party shall provide the Depositary with a copy, in one of the official languages of the United Nations, of the provisions of its national law referred to in Article II.1 and amendments thereto, including any specification made pursuant to Article III.1 (a), Article XI.2, or a transitional amount pursuant to Article III.1 (a)(ii). Copies of such provisions shall be circulated by the Depositary to all other Contracting Parties.
Nuclear Liability and Compensation Act — N-28.1 1
1 In addition to the definitions in Article I of this Convention, the following definitions apply for the purposes of this Annex: ... (b) Nuclear Installation means: (i) any nuclear reactor other than one with which a means of sea or air transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose; (ii) any factory using nuclear fuel for the production of nuclear material, or any factory for the processing of nuclear material, including any factory for the re-processing of irradiated nuclear fuel; and (iii) any facility where nuclear material is stored, other than storage incidental to the carriage of such material; provided that the Installation State may determine that several nuclear installations of one operator which are located at the same site shall be considered as a single nuclear installation. ... (d) Operator , in relation to a nuclear installation, means the person designated or recognized by the Installation State as the operator of that installation.
Nuclear Liability and Compensation Act — N-28.1 (b)
(b) Nuclear Installation means: (i) any nuclear reactor other than one with which a means of sea or air transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose; (ii) any factory using nuclear fuel for the production of nuclear material, or any factory for the processing of nuclear material, including any factory for the re-processing of irradiated nuclear fuel; and (iii) any facility where nuclear material is stored, other than storage incidental to the carriage of such material; provided that the Installation State may determine that several nuclear installations of one operator which are located at the same site shall be considered as a single nuclear installation.
Nuclear Liability and Compensation Act — N-28.1 (i)
(i) any nuclear reactor other than one with which a means of sea or air transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose;
Nuclear Liability and Compensation Act — N-28.1 (ii)
(ii) any factory using nuclear fuel for the production of nuclear material, or any factory for the processing of nuclear material, including any factory for the re-processing of irradiated nuclear fuel; and
Nuclear Liability and Compensation Act — N-28.1 (iii)
(iii) any facility where nuclear material is stored, other than storage incidental to the carriage of such material;
Nuclear Liability and Compensation Act — N-28.1
provided that the Installation State may determine that several nuclear installations of one operator which are located at the same site shall be considered as a single nuclear installation.
Nuclear Liability and Compensation Act — N-28.1 (d)
(d) Operator , in relation to a nuclear installation, means the person designated or recognized by the Installation State as the operator of that installation.
Nuclear Safety and Control Act — N-28.3 Preamble
Preamble WHEREAS it is essential in the national and international interests to regulate the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information;
Nuclear Safety and Control Act — N-28.3
AND WHEREAS it is essential in the national interest that consistent national and international standards be applied to the development, production and use of nuclear energy;
Nuclear Safety and Control Act — N-28.3
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Nuclear Safety and Control Act — N-28.3 1
Short title 1 This Act may be cited as the Nuclear Safety and Control Act .
Nuclear Safety and Control Act — N-28.3
analyst means a person designated as an analyst under section 28. ( analyste )
Nuclear Safety and Control Act — N-28.3
Commission means the Canadian Nuclear Safety Commission established by section 8. ( Commission )
Nuclear Safety and Control Act — N-28.3
designated officer means a person designated as a designated officer under section 37. ( fonctionnaire désigné )
Nuclear Safety and Control Act — N-28.3
dosimetry service means a prescribed facility for the measurement and monitoring of doses of radiation. ( service de dosimétrie )
Nuclear Safety and Control Act — N-28.3
inspector means a person designated as an inspector under section 29. ( inspecteur )
Nuclear Safety and Control Act — N-28.3
licence means a licence issued under section 24. ( licence ou permis )
Nuclear Safety and Control Act — N-28.3
Minister means the Minister of Natural Resources or such member of the Queen’s Privy Council for Canada as the Governor in Council may designate as the Minister for the purposes of this Act. ( ministre )
Nuclear Safety and Control Act — N-28.3
nuclear energy means any form of energy released in the course of nuclear fission or nuclear fusion or of any other nuclear transmutation. ( énergie nucléaire )
Nuclear Safety and Control Act — N-28.3
nuclear energy worker means a person who is required, in the course of the person’s business or occupation in connection with a nuclear substance or nuclear facility, to perform duties in such circumstances that there is a reasonable probability that the person may receive a dose of radiation that is greater than the prescribed limit for the general public. ( travailleur du secteur nucléaire )
Nuclear Safety and Control Act — N-28.3 (a)
nuclear facility means any of the following facilities, namely, (a) a nuclear fission or fusion reactor or subcritical nuclear assembly, (b) a particle accelerator, (c) a uranium or thorium mine or mill, (d) a plant for the processing, reprocessing or separation of an isotope of uranium, thorium or plutonium, (e) a plant for the manufacture of a product from uranium, thorium or plutonium, (f) a plant for the processing or use, in a quantity greater than 10 15 Bq per calendar year, of nuclear substances other than uranium, thorium or plutonium, (g) a facility for the disposal of a nuclear substance generated at another nuclear facility, (h) a vehicle that is equipped with a nuclear reactor, and (i) any other facility that is prescribed for the development, production or use of nuclear energy or the production, possession or use of a nuclear substance, prescribed equipment or prescribed information, and includes, where applicable, the land on which the facility is located, a building that forms part of, or equipment used in conjunction with, the facility and any system for the management, storage or disposal of a nuclear substance. ( installation nucléaire )
Nuclear Safety and Control Act — N-28.3 (a)
nuclear substance means (a) deuterium, thorium, uranium or an element with an atomic number greater than 92; (b) a derivative or compound of deuterium, thorium, uranium or of an element with an atomic number greater than 92; (c) a radioactive nuclide; (d) a substance that is prescribed as being capable of releasing nuclear energy or as being required for the production or use of nuclear energy; (e) a radioactive by-product of the development, production or use of nuclear energy; and (f) a radioactive substance or radioactive thing that was used for the development or production, or in connection with the use, of nuclear energy. ( substance nucléaire )
Nuclear Safety and Control Act — N-28.3
penalty means an administrative monetary penalty imposed under this Act for a violation. ( pénalité )
Nuclear Safety and Control Act — N-28.3
prescribed means prescribed by regulation of the Commission. ( réglementaire ou réglementé )
Nuclear Safety and Control Act — N-28.3
radiation means the emission by a nuclear substance, the production using a nuclear substance, or the production at a nuclear facility of, an atomic or subatomic particle or electromagnetic wave with sufficient energy for ionization. ( rayonnement )
Nuclear Safety and Control Act — N-28.3
record has the meaning assigned to that word by section 3 of the Access to Information Act . ( document )
Nuclear Safety and Control Act — N-28.3
vehicle means any means of air, water or land transport, and includes railway equipment within the meaning assigned to that expression by subsection 4(1) of the Railway Safety Act . ( véhicule )
Nuclear Safety and Control Act — N-28.3 3
Purpose 3 The purpose of this Act is to provide for (a) the limitation, to a reasonable level and in a manner that is consistent with Canada’s international obligations, of the risks to national security, the health and safety of persons and the environment that are associated with the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information; and (b) the implementation in Canada of measures to which Canada has agreed respecting international control of the development, production and use of nuclear energy, including the non-proliferation of nuclear weapons and nuclear explosive devices.
Nuclear Safety and Control Act — N-28.3 4
Her Majesty 4 Subject to any order made pursuant to section 5, this Act is binding on Her Majesty in right of Canada or a province.
Nuclear Safety and Control Act — N-28.3 5
Orders excluding Department of National Defence, etc. 5 The Governor in Council may, by order, exclude the Department of National Defence or the Canadian Forces from the application of this Act or any regulations made pursuant to this Act, to the extent and under the conditions specified in the order.
Nuclear Safety and Control Act — N-28.3 6
Act not applicable to certain naval vessels 6 This Act does not apply to a nuclear-powered or nuclear-capable naval vessel of a foreign state that is invited into Canada by Her Majesty in right of Canada.
Nuclear Safety and Control Act — N-28.3 7
Commission may exclude certain substances 7 The Commission may, in accordance with the regulations, exempt 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.
Nuclear Safety and Control Act — N-28.3 8
Establishment of Commission 8 (1) There is hereby established a body corporate to be known as the Canadian Nuclear Safety Commission. Agent of Her Majesty (2) The Commission is for all its purposes an agent of Her Majesty and may exercise its powers only as an agent of Her Majesty.
Nuclear Safety and Control Act — N-28.3 9
Objects 9 The objects of the Commission are (a) to regulate the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information in order to (i) prevent unreasonable risk, to the environment and to the health and safety of persons, associated with that development, production, possession or use, (ii) prevent unreasonable risk to national security associated with that development, production, possession or use, and (iii) achieve conformity with measures of control and international obligations to which Canada has agreed; and (b) to disseminate objective scientific, technical and regulatory information to the public concerning the activities of the Commission and the effects, on the environment and on the health and safety of persons, of the development, production, possession and use referred to in paragraph (a).
Nuclear Safety and Control Act — N-28.3 10
Constitution 10 (1) The Commission consists of not more than seven permanent members to be appointed by the Governor in Council. Temporary members (2) Notwithstanding subsection (1), the Governor in Council may appoint temporary members of the Commission whenever, in the opinion of the Governor in Council, it is necessary to do so. President (3) The Governor in Council shall designate one of the permanent members to hold office as President. Full- or part-time members (4) The President is a full-time member of the Commission and the other members may be appointed as full-time or part-time members. Tenure and term of appointment (5) Each permanent member holds office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor in Council for cause. Temporary members (6) Each temporary member holds office during good behaviour for a term not exceeding three years. Re-appointment (7) A member is eligible to be re-appointed to the Commission in the same or another capacity. 1997, c. 9, s. 10; 2012, c. 19, s. 123
Nuclear Safety and Control Act — N-28.3 11
Conflict of interest 11 (1) A member shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member’s duties. Termination of conflict of interest (2) A member who becomes aware that the member is in a conflict of interest contrary to subsection (1) shall, within one hundred and twenty days, terminate the conflict or resign from the Commission.
Nuclear Safety and Control Act — N-28.3 12
Duties of President 12 (1) The President is the chief executive officer of the Commission and has supervision over and direction of the work of the members and officers and employees of the Commission, including the apportionment of work among the members and, where the Commission sits in a panel, the assignment of a member or members to the panel and of a member to preside over the panel. Absence, etc. of President (2) If the President is absent or incapacitated or if the office of President is vacant, such other member as may be designated by the Commission has all the powers and functions of the President during the absence, incapacity or vacancy, but no person may so act for a period exceeding ninety days without the approval of the Governor in Council. Delegation (3) The President may delegate any of the powers delegated to the President pursuant to subsection 16(2) or 17(2) to any officer or employee of the Commission. Reports (4) Subject to the regulations made pursuant to paragraph 44(1)(d), the President shall make such reports to the Minister as the Minister may require concerning the general administration and management of the affairs of the Commission and such of these reports as the Minister may direct shall form part of the report referred to in section 72.
Nuclear Safety and Control Act — N-28.3 13
Remuneration 13 Each member and each former member to whom subsection 23(2) applies shall be paid such remuneration and allowances as are fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the course of the member’s or former member’s duties under this Act while absent from, in the case of a full-time member or former member, their ordinary place of work and, in the case of a part-time member or former member, their ordinary place of residence.
Nuclear Safety and Control Act — N-28.3 14
Meetings 14 (1) The Commission may meet for the conduct of its affairs at such times and in such places as are established by by-law of the Commission. Telephone conferences (2) A member may, subject to the by-laws of the Commission, participate in a meeting of the Commission by means of a telephone or other communication device that permits all persons participating in the meeting to hear one another, and a member who participates in a meeting by those means is deemed, for the purposes of this Act, to be present at the meeting.
Nuclear Safety and Control Act — N-28.3 15
By-laws 15 The Commission may make by-laws respecting the management and conduct of its affairs and to meet its objects and carry out its duties under this Act and may, without limiting the generality of the foregoing, make by-laws (a) respecting the calling of meetings of the Commission; (b) respecting generally the carrying on of the work of the Commission, including establishing the number of members that constitutes a quorum of the Commission or of a panel of the Commission; and (c) determining the procedures to be followed in proceedings other than those for which rules are otherwise prescribed.
Nuclear Safety and Control Act — N-28.3 16
Employment of staff 16 (1) The Commission may, notwithstanding any other Act of Parliament, appoint and employ such professional, scientific, technical or other officers or employees as it considers necessary for the purposes of this Act and may establish the terms and conditions of their employment and, in consultation with the Treasury Board, fix their remuneration. Delegation to President (2) The Commission may delegate to the President any of the powers conferred on it by subsection (1). Compensation (3) The members, officers and employees of the Commission are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act . 1997, c. 9, s. 16; 2002, c. 17, s. 22; 2003, c. 22, s. 224(E)