Nuclear Safety and Control Act (S.C. 1997, c. 9)

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Designated Officers

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

Procedures for Decisions and Orders

Marginal note: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.

Marginal note: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).

• Marginal note: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.

Marginal note:Commission to provide opportunity to be heard

• 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;

  • (a.1) the applicant, before refusing to authorize its transfer 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 a licence or authorize its transfer — and the licensee, before confirming a decision not to renew, amend, revoke or replace a licence or authorize its transfer — 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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Exception

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

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Redetermination and Appeal of Decisions and Orders

Marginal note:Appeal to the Commission

• 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 or authorize its transfer;

  • (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;

  • (c.1) an authorization granted by a designated officer to transfer a licence; or

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

• Marginal note: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 or authorize its transfer;

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

  • (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.

• Marginal note: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.

• Marginal note: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, replace a licence or authorize its transfer, confirm the decision or issue, renew, amend, revoke or replace the licence or authorize its transfer;

  • (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.