GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nuclear Safety and Control Act — N-28.3 65.03
Liability of directors, officers, etc. 65.03 If a corporation commits a violation, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to an administrative monetary penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.04
Proof of violation 65.04 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee, or agent or mandatary, of the person whether or not the employee, agent or mandatary is identified or proceeded against in accordance with this Act. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.05
Issuance and service of notice of violation 65.05 (1) If a person designated under paragraph 65.01(b) believes on reasonable grounds that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person. Contents (2) The notice of violation must (a) name the person that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the amount of the penalty for the violation; (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the prescribed period within which that right must be exercised; (e) inform the person of the manner of paying the penalty set out in the notice; and (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.06
Certain defences not available 65.06 (1) A person named in a notice of violation does not have a defence by reason that the person (a) exercised due diligence to prevent the commission of the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.07
Continuing violation 65.07 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.08
Violation or offence 65.08 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act. Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.09
Limitation or prescription period 65.09 No notice of violation in respect of a violation shall be issued more than two years after the day on which the subject matter of the violation arises. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.1
Right to request review 65.1 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Commission allows, make a request to the Commission for a review of the amount of the penalty or the facts of the violation, or both. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.11
Correction or cancellation of notice of violation 65.11 At any time before a request for a review in respect of a notice of violation is received by the Commission, a person designated under paragraph 65.01(b) may cancel the notice of violation or correct an error in it. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.12
Review 65.12 (1) On receipt of a request made under section 65.1, the Commission shall conduct the review or cause the review to be conducted by a designated officer. Restriction (2) If the notice of violation was issued by a designated officer, the Commission shall conduct the review. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.13
Review by designated officer 65.13 (1) If a review is conducted by a designated officer, the designated officer shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The designated officer shall render his or her determination in writing and cause the person who requested the review to be served with a copy of the determination and reasons. Correction of penalty (3) If the designated officer determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the designated officer shall correct the amount of the penalty. Responsibility (4) If the designated officer determines that the person who requested the review committed the violation, the person is liable to the penalty as set out in the determination. Request for review by Commission (5) A person on whom a copy of a determination of a review is served may, within 30 days after the day on which it is served, or within any longer period that the Commission allows, make a request to the Commission for a review by the Commission of the amount of the penalty or the facts of the violation, or both. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.14
Review by Commission 65.14 (1) If a review is conducted by the Commission, the Commission shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The Commission shall render its determination in writing and cause the person who requested the review to be served with a copy of the determination and reasons. Correction of penalty (3) If the Commission determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Commission shall correct the amount of the penalty. Responsibility (4) If the Commission determines that the person who requested the review committed the violation, the person is liable to the penalty as set out in the determination. Determination final (5) Despite subsection 43(3), a determination made under this section is final and binding and, except for judicial review under the Federal Courts Act , is not subject to appeal or to review by any court. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.15
Burden of proof 65.15 If the facts of a violation are reviewed under section 65.13 or 65.14, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.16
Payment 65.16 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.17
Failure to act 65.17 A person that neither pays the penalty imposed under this Act nor requests a review in the prescribed period is considered to have committed the violation and is liable to the penalty. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.18
Debts to Her Majesty 65.18 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction. Limitation or prescription period (2) No proceedings to recover the debt shall be instituted more than five years after the day on which the debt becomes payable. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.19
Certificate 65.19 (1) The Commission may issue a certificate certifying the unpaid amount of any debt referred to in subsection 65.18(1). Registration in Federal Court (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.2
Admissibility of documents 65.2 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 65.05(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 65.21
Publication 65.21 The Commission may make public the nature of a violation, the name of the person who committed it and the amount of the penalty. 2012, c. 19, s. 130
Nuclear Safety and Control Act — N-28.3 66
Oath or affirmation of fidelity and secrecy 66 Every member, every officer and employee of the Commission and every person acting on behalf or under the direction of the Commission shall, before acting as such, take before a justice of the peace or a commissioner for taking affidavits the following oath or affirmation of fidelity and secrecy: I, .........., do solemnly swear (or affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member (or officer or employee or person acting on behalf or under the direction, as the case may be ), of the Canadian Nuclear Safety Commission. I further solemnly swear (or affirm) that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the Commission nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the Commission and relating to its business.
Nuclear Safety and Control Act — N-28.3 67
Application of Financial Administration Act 67 Subject to this Act and the regulations, the Financial Administration Act applies in respect of the Commission.
Nuclear Safety and Control Act — N-28.3 68
Expenses 68 The Commission may expend, administer, use or dispose of any money or other property acquired by gift, bequest, donation and the like, subject to the terms, if any, on which the money or other property was given, bequeathed, donated or otherwise made available to the Commission.
Nuclear Safety and Control Act — N-28.3 68.1
Audit 68.1 The accounts and financial transactions of the Commission shall be audited annually by the Auditor General of Canada and a report of the audit shall be made to the Commission and to the Minister. 2001, c. 34, s. 62
Nuclear Safety and Control Act — N-28.3 69
Non-application of Statutory Instruments Act 69 A decision or order made under this Act, other than an order made under section 19, is not a statutory instrument for the purposes of the Statutory Instruments Act .
Nuclear Safety and Control Act — N-28.3 70
Unpaid fees 70 The amount of any fee imposed on a person under this Act and any interest thereon is a debt due to Her Majesty in right of Canada and may be recovered as such from the person on whom it was imposed in any court of competent jurisdiction.
Nuclear Safety and Control Act — N-28.3 71
Works and undertakings 71 Any work or undertaking constructed for the development, production or use of nuclear energy or for the mining, production, refinement, conversion, enrichment, processing, reprocessing, possession or use of a nuclear substance or for the production, possession or use of prescribed equipment or prescribed information is declared to be a work or undertaking for the general advantage of Canada.
Nuclear Safety and Control Act — N-28.3 72
Annual report 72 The Commission shall, within four months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission under this Act for that fiscal year, and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after receiving it.
Nuclear Safety and Control Act — N-28.3 73
Definitions 73 The definitions in this section apply in this section and sections 74 to 80. Board means the Atomic Energy Control Board established by section 3 of the Atomic Energy Control Act , as that section read immediately before the commencement day. ( ancienne commission ) commencement day means the day on which this Act comes into force. ( date d’entrée en vigueur )
Nuclear Safety and Control Act — N-28.3
Board means the Atomic Energy Control Board established by section 3 of the Atomic Energy Control Act , as that section read immediately before the commencement day. ( ancienne commission )
Nuclear Safety and Control Act — N-28.3
commencement day means the day on which this Act comes into force. ( date d’entrée en vigueur )
Nuclear Safety and Control Act — N-28.3 74
Board dissolved 74 The Board is hereby dissolved.
Nuclear Safety and Control Act — N-28.3 75
President of Commission 75 The person who holds the office of President of the Board immediately before the commencement day continues in office as the President of the Commission for the remainder of the term for which that person was appointed President.
Nuclear Safety and Control Act — N-28.3 76
Other members of Commission 76 Each person who holds office as a member of the Board immediately before the commencement day continues in office as a member of the Commission for the remainder of the term for which the person was appointed.
Nuclear Safety and Control Act — N-28.3 77
Rights and obligations transferred 77 (1) All rights and property of Her Majesty in right of Canada that are under the administration and control of the Board and all obligations and liabilities of the Board are hereby transferred to the Commission. References (2) Every reference to the Board in a deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to the Commission. Closing out affairs (3) The Minister may do and perform all acts and things necessary for or incidental to closing out the affairs of the Board.
Nuclear Safety and Control Act — N-28.3 78
Commencement of legal proceedings 78 (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Board, or in the closing out of the affairs of the Board, may be brought against the Commission in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board. Continuation of legal proceedings (2) Any action, suit or other legal proceeding to which the Board is party pending in any court immediately before the commencement day may, on that day, be continued by or against the Commission in the like manner and to the same extent as it could have been continued by or against the Board. Pending proceedings (3) Proceedings pending before the Board immediately before the commencement day shall be taken up and continued before the Commission under and in accordance with this Act.
Nuclear Safety and Control Act — N-28.3 79
Transfer of staff 79 (1) Every person who, immediately before the commencement day, was an officer or employee of the Board becomes, on that day, an officer or employee, as the case may be, of the Commission. Deemed appointment (2) Every person to whom subsection (1) applies shall be deemed to have been appointed in accordance with subsection 16(1). No severance pay (3) For greater certainty, nothing in subsection (1) shall be construed as entitling any person to severance pay. Period of service (4) A person to whom subsection (1) applies shall be deemed, while an officer or employee of the Board, to have been employed in the Public Service for the purpose of determining the person’s entitlement to leave or any other employment benefit.
Nuclear Safety and Control Act — N-28.3 80
Licences 80 A licence that is issued pursuant to regulations made under paragraph 9(b) of the Atomic Energy Control Act and that is in force immediately before the commencement day is deemed to have been issued under section 24 of this Act and to be in force for the remainder of the period for which it was issued under the Atomic Energy Control Act and any fees paid or payable under the AECB Cost Recovery Fees Regulations, 1996 in respect of such a licence are deemed to be paid or payable, as the case may be, under this Act. 1997, c. 9, s. 80; 2015, c. 3, s. 136
Nuclear Safety and Control Act — N-28.3 81
Certificates, etc. 81 A certificate, approval, endorsement, authorization, designation, permit or specification issued pursuant to the Atomic Energy Control Act or any regulation made under that Act is deemed to have been issued pursuant to regulations made under this Act and to be in force for the remainder of the period for which it was issued under that Act or those regulations.
Nuclear Safety and Control Act — N-28.3 Coming into force
Coming into force * 127 This Act comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force May 31, 2000, see SI/2000-42.]
Nuclear Safety and Control Act — N-28.3 49
49 Section 2 of the Nuclear Safety and Control Act is amended by adding the following in alphabetical order: firearm has the same meaning as in section 2 of the Criminal Code . ( arme à feu ) high-security site means a nuclear facility where Category I nuclear material or Category II nuclear material , as those terms are defined in section 1 of the Nuclear Security Regulations , is processed, used or stored. ( site à sécurité élevée ) nuclear security officer means an employee who is designated as a nuclear security officer under subsection 27.1(2). ( agent de sécurité nucléaire ) on-site nuclear response force means the on-site nuclear response force referred to in subsection 27.2(1). ( force d’intervention nucléaire interne ) prohibited device has the same meaning as in subsection 84(1) of the Criminal Code . ( dispositif prohibé ) prohibited weapon has the same meaning as in subsection 84(1) of the Criminal Code . ( arme prohibée )
Nuclear Safety and Control Act — N-28.3
firearm has the same meaning as in section 2 of the Criminal Code . ( arme à feu )
Nuclear Safety and Control Act — N-28.3
high-security site means a nuclear facility where Category I nuclear material or Category II nuclear material , as those terms are defined in section 1 of the Nuclear Security Regulations , is processed, used or stored. ( site à sécurité élevée )
Nuclear Safety and Control Act — N-28.3
nuclear security officer means an employee who is designated as a nuclear security officer under subsection 27.1(2). ( agent de sécurité nucléaire )
Nuclear Safety and Control Act — N-28.3
on-site nuclear response force means the on-site nuclear response force referred to in subsection 27.2(1). ( force d’intervention nucléaire interne )
Nuclear Safety and Control Act — N-28.3
prohibited device has the same meaning as in subsection 84(1) of the Criminal Code . ( dispositif prohibé )
Nuclear Safety and Control Act — N-28.3
prohibited weapon has the same meaning as in subsection 84(1) of the Criminal Code . ( arme prohibée )
Nuclear Safety and Control Act — N-28.3 27.1
Security at site 27.1 (1) A licensee who operates a high-security site is responsible for ensuring the security of the site in accordance with section 27.2 and the prescribed requirements. Nuclear security officers (2) The licensee may, in accordance with the regulations, (a) designate as a nuclear security officer any employee of the licensee who meets the prescribed requirements; and (b) suspend or revoke the designation. Restriction (3) An employee designated as a nuclear security officer may exercise the powers and perform the duties and functions of a nuclear security officer only if they are designated as a peace officer under subsection 27.3(1). Preservation and maintenance of public peace (4) A nuclear security officer’s duties include the preservation and maintenance of the public peace at the high-security site.
Nuclear Safety and Control Act — N-28.3 27.2
On-site nuclear response force 27.2 (1) A licensee who operates a high-security site shall at all times maintain an on-site nuclear response force that is composed of nuclear security officers who are (a) designated as peace officers under subsection 27.3(1); (b) trained in the handling and use of firearms, prohibited weapons and prohibited devices and qualified to handle and use them; (c) posted to the high-security site on a permanent basis; and (d) armed and equipped in accordance with the regulations. Additional training (2) If the licensee acquires any firearms, prohibited weapons or prohibited devices in accordance with an authorization granted under subsection 27.4(1), the licensee shall ensure that the members of the on-site nuclear response force are trained in the handling and use of those firearms, prohibited weapons or prohibited devices and that the members are qualified to handle and use them. Exemption (3) The licensee is not required to comply with subsection (1) if the licensee (a) makes on-site security arrangements with a local, provincial or federal police service or with the Canadian Forces that meet the prescribed requirements and are approved by the Commission; or (b) takes other security measures that meet the prescribed requirements and are approved by the Commission.