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Main page on: Nuclear Safety and Control Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/N-28.3/252284.html
Act current to September 15, 2006

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CANADIAN NUCLEAR SAFETY COMMISSION

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.

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).

Members

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 six months.

Re-appointment

(7) A member is eligible to be re-appointed to the Commission in the same or another capacity.

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.

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.

Remuneration and Expenses

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.

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.

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.

Officers, Employees and Contractors

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).

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.

Civil Liability

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.

Directives

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.

Powers

20. (1) The Commission is a court of record.

Witnesses and records

(2) The Commission has, with respect to the appearance, summoning and examination of witnesses, the production and inspection of records, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are necessary to carry out the duties of the Commission or to enforce any order, including, without limiting the generality of the foregoing, the power to

(a) issue a summons requiring a person

(i) to appear at the time and place stated in the summons to give evidence concerning any matter relevant to any subject-matter before the Commission, and

(ii) to produce, either before or at a hearing, such records and things as the Commission considers appropriate to the full investigation and consideration of matters within its jurisdiction; and

(b) administer oaths and examine any person under oath.

Informal and expeditious

(3) All proceedings before the Commission shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit, but, in any case, within the prescribed period of time.

Not bound by legal rules

(4) The Commission is not bound by the legal rules of evidence and in particular may

(a) receive and accept such evidence and information on oath, by affidavit or otherwise, as in its discretion it considers appropriate; and

(b) refuse to accept any evidence that the Commission does not consider relevant or trustworthy.

Control of subject-matter

(5) Before conducting a proceeding, the Commission may

(a) stay or dismiss an application where the applicant is not in compliance with a term or condition of a licence or of any order made under this Act;

(b) determine the issues in respect of which it will receive evidence or hear argument; and

(c) exclude from consideration any matter on which it has rendered a decision.

Control of proceedings

(6) The Commission may take such measures as it considers necessary to maintain order during proceedings before it and in particular may limit the participation in the proceedings of, or eject from the proceedings, any person who disrupts the proceedings and, where the person is ejected, continue the proceedings in the person’s absence.

Assistance of peace officers

(7) A peace officer shall provide such assistance as the Commission or a member of the Commission may request for the purpose of maintaining order during proceedings before the Commission.

Enforcement of orders of the Commission

(8) Any decision or order of the Commission may, for the purpose of enforcement, be made a rule, order or decree of the Federal Court or of a superior court of a province and may be enforced in like manner as a rule, order or decree of that court.

Procedure for enforcement

(9) To make a decision or order of the Commission a rule, order or decree of the Federal Court or a superior court, the usual practice and procedure of the court in those matters may be followed, or the President may provide to the court a certified copy of the decision or order under the seal of the Commission and thereupon the decision or order becomes a rule, order or decree of the court.

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;

(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 such fees as may be prescribed for any information, product or service it provides 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).

1997, c. 9, s. 21; 2001, c. 34, s. 58.

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.

Decision-Making

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.

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 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 may be issued, renewed, amended or replaced unless, in the opinion of the Commission, the applicant

(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.

Licence not transferable

(8) A licence may not be transferred.

1997, c. 9, s. 24; 2001, c. 34, s. 59(F).

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.

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.

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.

Analysts and Inspectors

28. The Commission may designate as an analyst for the purposes of this Act any person whom the Commission considers qualified.

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.

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.

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.

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.

33. While exercising any authority under this Act, an inspector may be accompanied by any other person chosen by the inspector.

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.

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.

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.

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, on receipt of an application referred to in subsection 24(2), a licence referred to in paragraph (c);

(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 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;

(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.

Procedures for 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.

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);

(b) the licensee, before renewing, suspending, amending, revoking or replacing a licence, or refusing to renew, suspend, amend, revoke or replace a licence, under paragraph 37(2)(d); 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.

40. (1) Subject to subsection (2), the Commission shall provide an opportunity to be heard in accordance with the prescribed rules of procedure to

(a) the applicant, before refusing to issue a licence under section 24;

(b) the licensee, before renewing, suspending, amending, revoking or replacing a licence, or refusing to renew, suspend, amend, revoke or replace a licence, under section 25;

(c) any person named in or subject to the order, before confirming, amending, revoking or replacing an order of an inspector under subsection 35(3);

(d) any person named in or subject to the order, before confirming, amending, revoking or replacing an order of a designated officer under subsection 37(6);

(e) the applicant, before confirming a decision not to issue, and the licensee, before confirming a decision not to renew, amend, revoke or replace, a licence under paragraph 43(4)(a);

(f) the licensee, before confirming, varying or cancelling a term or condition of a licence under paragraph 43(4)(b);

(g) the licensee, before taking any measure under any of paragraphs 43(4)(c) to (f);

(h) any person named in or subject to the order, before taking any measure under any of paragraphs 43(4)(g) to (j); and

(i) any person named in or subject to the order, before making any other order under this Act.

Exceptions

(2) Subsection (1) does not apply

(a) in respect of a renewal, suspension, amendment, revocation or replacement of a licence on the application of the licensee; or

(b) in respect of an order under subsection 47(1).

Proceedings on motion of Commission

(3) Notwithstanding any other provision of this Act, where the Commission is satisfied that it is in the public interest to do so, the Commission may, on its own initiative, conduct proceedings in accordance with the prescribed rules of procedure to determine any matter or thing relating to the purpose of this Act.

Notice

(4) On completion of proceedings in respect of which subsection (1) applies and proceedings under subsection (3), the Commission shall give notice of its decision to

(a) the applicant, where the proceedings were in relation to an application for a licence;

(b) the licensee, where the proceedings were in relation to a licence; or

(c) any person named in, or subject to, the order, where the proceedings were in relation to an order.

Public hearings

(5) The Commission shall, subject to any by-laws made under section 15 and any regulations made under section 44, hold a public hearing with respect to

(a) the proposed exercise by the Commission, or by a panel established under section 22, of the power under subsection 24(2) to issue, renew, suspend, amend, revoke or replace a licence; and

(b) any other matter within its jurisdiction under this Act, if the Commission is satisfied that it would be in the public interest to do so.

Exception

(6) Subsection (5) does not apply in respect of any matter in relation to which subsection 14(2) applies.

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.

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 Act

(3) Nothing in this section shall be construed to affect the liability of an operator under the Nuclear Liability Act.

Redetermination and Appeal of Decisions and Orders

43. (1) An appeal may be made to the Commission by any person who is directly affected by

(a) a refusal of a designated officer to issue, renew, suspend, amend, revoke or replace a licence;

(b) any term or condition of a licence issued by a designated officer;

(c) a renewal, suspension, amendment, revocation or replacement, by a designated officer, of a licence; or

(d) a confirmation, amendment, revocation or replacement, by a designated officer, of an order of an inspector.

Redetermination by Commission on application

(2) The Commission shall rehear and redetermine, on the application of

(a) the applicant, a decision of the Commission not to issue a licence;

(b) the licensee, a decision of the Commission not to renew, suspend, amend, revoke or replace a licence;

(c) the licensee, any term or condition of a licence issued, renewed, suspended or amended by the Commission;

(d) the licensee, a suspension, amendment, revocation or replacement, by the Commission, of a licence;

(e) any person named in, or subject to, an order of the Commission, the order; or

(f) any person named in, or subject to, an order of an inspector or a designated officer, a confirmation, amendment, revocation or replacement, by the Commission, of the order.

Redetermination by Commission on own initiative

(3) The Commission may, on its own initiative, redetermine any decision or order made by it or by an inspector or designated officer or any term or condition of a licence.

Decision

(4) On considering an appeal or a redetermination, the Commission may hear new evidence or rehear such evidence as it considers necessary and may, in the case of

(a) a decision not to issue, renew, amend, revoke or replace a licence, confirm the decision or issue, renew, amend, revoke or replace the licence;

(b) any term or condition of a licence, confirm, vary or cancel the term or condition;

(c) an amendment of a licence, confirm, vary or cancel the amendment;

(d) a suspension of a licence, confirm, vary the conditions of or cancel the suspension;

(e) a revocation of a licence, confirm or cancel the revocation and, where it cancels the revocation, impose any term or condition that it considers necessary for the purposes of this Act;

(f) a replacement of a licence, confirm, vary, cancel or replace the replacement;

(g) an order or a replacement of an order, confirm, amend, revoke or replace the order or the replacement;

(h) a confirmation of an order, reconfirm the order or cancel the confirmation and amend, revoke or replace the order;

(i) an amendment of an order, confirm the amendment or cancel the amendment and confirm, amend, revoke or replace the order; or

(j) a revocation of an order, confirm the revocation or cancel the revocation and confirm, amend or replace the order.


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