Vol. 141, No. 42 — October 20, 2007

Regulations Amending the Canadian Nuclear Safety Commission Cost Recovery Fees Regulations (Miscellaneous Program)

Statutory authority

Nuclear Safety and Control Act

Sponsoring agency

Canadian Nuclear Safety Commission

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

These amendments to the Canadian Nuclear Safety Commission Cost Recovery Fees Regulations address comments and recommendations received from the Standing Joint Committee for the Scrutiny of Regulations (the Committee) with respect to the Regulations as published in 2003. The proposed modifications are intended to clarify certain sections of the Regulations and to address the concerns of the Committee with respect to these Regulations.

The Committee questioned the authority of the Canadian Nuclear Safety Commission (CNSC) to retain fee overpayments and apply these to other amounts payable by the applicant or licensee to the CNSC. The CNSC undertook to the Committee to modify the following provisions to clarify them by removing text purporting to allow set-off of any overpayment against any other amount payable to the Commission: 6(2)(a), 16(5), 16(6), 19(2)(b) and 27(3) accordingly. In addition, sections 8, 20, 24 and 29 addressing transition provisions are repealed, as they are no longer applicable.

The amendments do not fix, increase, expand in application nor increase in duration a fee as considered under the User Fees Act or the Policy on Service Standards for External Fees. Therefore, the User Fees Act would not apply under the circumstances, and consultation with the stakeholders was not necessary.

Alternatives

Since these amendments are intended to ensure clarity of interpretation, there are no other alternatives to amending the Regulations.

Benefits and costs

These amendments to the Canadian Nuclear Safety Commission Cost Recovery Fees Regulations will ensure clarity with respect to the Regulations.

There will be no costs to the Canadian public or to the industry arising from these amendments. The only costs to be incurred by the CNSC are the administrative costs associated with processing the amendments.

Compliance and enforcement

The proposed amendments will have no effect on compliance or enforcement activities and will not require the introduction of any new compliance or enforcement mechanisms.

Contact

Ms. Ivy Taudien
Canadian Nuclear Safety Commission
P.O. Box 1046, Station B
Ottawa, Ontario
K1P 5S9
Telephone: 613-995-5276, 1-800-668-5284
Fax: 613-995-5086
Email: ivy.taudien@cnsc-ccsn.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 44(12) of the Nuclear Safety and Control Act (see footnote a), that the Canadian Nuclear Safety Commission, pursuant to section 44 (see footnote b) of that Act, proposes to make the annexed Regulations Amending the Canadian Nuclear Safety Commission Cost Recovery Fees Regulations (Miscellaneous Program).

Interested persons may make representations to the Canadian Nuclear Safety Commission with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Ivy Taudien, Canadian Nuclear Safety Commission, 280 Slater Street, P.O. Box 1046, Station B, Ottawa, Ontario K1P 5S9 (tel. 613-995-5276 or 1-800-668-5284; fax 613-995-5086; e-mail: ivy. taudien@cnsc-ccsn.gc.ca).

Ottawa, October 5, 2007

L. J. KEEN
President
Canadian Nuclear Safety Commission

REGULATIONS AMENDING THE CANADIAN NUCLEAR SAFETY COMMISSION COST RECOVERY FEES REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. Paragraph 6(2)(a) of the Canadian Nuclear Safety Commission Cost Recovery Fees Regulations (see footnote 1) is replaced by the following:

(a) less than the estimated annual fee, the Commission shall refund the difference to the applicant or licensee; or

2. Section 8 of the Regulations and the heading before it are repealed.

3. Subsections 16(5) and (6) of the Regulations are replaced by the following:

(5) If an initial application is withdrawn by the applicant before the assessment of the application by the Commission has begun, the assessment fee and annual fee paid shall be refunded to the applicant.

(6) If an initial application is withdrawn by the applicant or rejected by the Commission after the assessment of the application by the Commission has begun, the assessment fee paid shall not be refunded and the annual fee paid shall be refunded to the applicant.

4. Paragraph 19(2)(b) of the Regulations is replaced by the following:

(b) the Commission shall refund that amount to the former licensee.

5. Section 20 of the Regulations and the heading before it are repealed.

6. Section 24 of the Regulations and the heading before it are repealed.

7. Subsection 27(3) of the Regulations is replaced by the following:

(3) On completion of a special project, any remaining balance of the deposit paid shall be refunded to the applicant.

8. Section 29 of the Regulations and the heading before it are repealed.

COMING INTO FORCE

9. These Regulations come into force on the day on which they are registered.

[42-1-o]

Footnote a

S.C. 1997, c. 9

Footnote b

S.C. 2001, c. 34, s. 61

Footnote 1

SOR/2003-212

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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