Exceptional Powers

Marginal note:Notification of contamination, etc.

45 Every person who, on reasonable grounds, believes that

• (a) a place or vehicle is contaminated, in excess of the prescribed limit, by a radioactive nuclear substance, or

• (b) an event has occurred that is likely to result in the exposure of persons or the environment to a dose of radiation in excess of the prescribed limits,

shall immediately notify the Commission or an appropriate authority of the location and circumstances of the contamination or event.

Marginal note:Contaminated land

• 46 (1) Where the Commission believes, on reasonable grounds, that there is contamination in excess of the prescribed limit by a radioactive nuclear substance at any place, the Commission may conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination has occurred.

• Marginal note:Notice of contamination

  (2) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission shall file a notice of contamination in the land registry office or other office where title to land is recorded for the area in which the place is located, or in any other prescribed public office.

• Marginal note:Measures

  (3) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission may, in addition to filing a notice under subsection (2), order that the owner or occupant of, or any other person who has the management and control of, the affected land or place take the prescribed measures to reduce the level of contamination.

• Marginal note:Hearing re cancellation

  (4) Where the Commission believes on reasonable grounds that there is no longer contamination referred to in subsection (1) at a place with respect to which a notice has been filed under subsection (2), the Commission shall conduct a public hearing in accordance with the prescribed rules of procedure to determine whether such contamination is no longer present.

• Marginal note:Notice of cancellation

  (5) Where, after conducting a hearing under subsection (4), the Commission is satisfied that the contamination is no longer present, the Commission shall file a notice of cancellation wherever a notice of contamination in relation to the place was filed.

• Marginal note:Notice of determination

  (6) A notice of contamination or cancellation is to be filed following a hearing under this section and, before such filing, the Commission shall give notice in the prescribed manner to the owner or occupant of the affected land and any other prescribed person of the Commission’s determination.

• Marginal note:Notice of order

  (7) The Commission shall give notice in the prescribed manner of an order made under subsection (3) to any person named in or subject to the order.

Marginal note:Emergency orders

• 47 (1) Notwithstanding any other provision of this Act, in case of emergency the Commission may, without conducting any proceedings, make any order that it considers necessary to protect the environment or the health and safety of persons or to maintain national security and compliance with Canada’s international obligations.

• Marginal note:Notice

  (2) The Commission shall, as soon as practicable after making an order under subsection (1), give notice of it in the prescribed manner.

Offences and Punishment

Marginal note:Offence

48 Every person commits an offence who

• (a) alters, otherwise than pursuant to the regulations or a licence, or misuses any thing the purpose of which is to

  • (i) protect the environment or the health or safety of persons from any risk associated with the development, production or use of nuclear energy or the possession or use of a nuclear substance, prescribed equipment or prescribed information, or

  • (ii) maintain national security or implement international obligations to which Canada has agreed, at a nuclear facility or at a place where, or vehicle in which, a nuclear substance is located;

• (b) discloses prescribed information, except pursuant to the regulations;

• (c) fails to comply with any condition of a licence;

• (d) knowingly makes a false or misleading written or oral statement to the Commission, a designated officer or an inspector;

• (e) fails to comply with an order of the Commission, a designated officer or an inspector;

• (f) fails to assist or give information to an inspector when requested to do so, or otherwise interferes with the performance of an inspector’s duties;

• (g) takes disciplinary action against a person who assists or gives information to an inspector, a designated officer or the Commission in the performance of the person’s functions or duties under this Act;

• (h) except in the prescribed manner and circumstances, terminates, or varies the terms and conditions of, employment of a nuclear energy worker who has received or is committed to a dose of radiation in excess of the prescribed limits;

• (i) falsifies a record kept pursuant to this Act or the regulations or to a condition of a licence;

• (j) fails to comply with an order made under any of sections 58 to 62; or

• (k) fails to comply with this Act or any regulation made pursuant to this Act.

Marginal note:Offence re security at nuclear facility

49 Notwithstanding the occurrence of a legal strike or lockout, every person commits an offence who

• (a) while in charge of a nuclear facility, fails to ensure that there is present in that facility at all times the staff required, under the licence for that facility, to maintain that facility in a safe condition; or

• (b) does not report for duty at a nuclear facility or who, while on duty at a nuclear facility, withdraws their services, except where the person is not required to report or is relieved in accordance with a procedure set out in the licence for that facility.

Marginal note:Offence to possess certain nuclear substances, etc.

50 Every person commits an offence who, except as authorized by this Act, possesses a nuclear substance, prescribed equipment or prescribed information that is capable of being used to produce a nuclear weapon or a nuclear explosive device.

Marginal note:Punishment

• 51 (1) Every person who contravenes section 36 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

• Marginal note:Punishment

  (2) Every person who commits an offence under section 50 is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

• Marginal note:Punishment

  (3) Every person who commits an offence other than an offence in respect of which subsection (1) or (2) applies

  • (a) is guilty of an indictable offence and liable to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or

  • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $500,000 or to imprisonment for a term not exceeding eighteen months or to both.

Marginal note:Defence

51.1 A person shall not be found to have contravened any provision of this Act, other than section 50, if it is established that the person exercised all due diligence to prevent its commission.

Marginal note:Continuing offence

52 Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which it is committed or continued.

Marginal note:Limitation

53 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted not later than two years after the time when the subject-matter of the proceedings arose or the Commission became aware of the subject-matter of the proceedings.

54 [Repealed, 2001, c. 26, s. 314]

Marginal note:Evidence by certificate

• 55 (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or tested a substance or product and stating the result of the analysis or test, or a copy or extract of a certificate certified as such by an inspector or designated officer is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the analyst, inspector or designated officer and is proof of the statements contained in the certificate.

• Marginal note:Attendance

  (2) Any party against whom a certificate, copy or extract referred to in subsection (1) is produced may, with leave of the court, require the attendance of the analyst, inspector or designated officer, as the case may be, for the purposes of cross-examination.

• Marginal note:Notice

  (3) No certificate, copy or extract shall be received in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.