Compliance
with order
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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.
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Liability for
costs of
measures
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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.
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Indemnity
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(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.
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Liability
under Nuclear
Liability Act
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(3) Nothing in this section shall be
construed to affect the liability of an operator
under the Nuclear Liability Act.
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Redetermination and Appeal of Decisions and Orders |
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Appeal to the
Commission
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43. (1) An appeal may be made to the
Commission by any person who is directly
affected by
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Redeter- mination by Commission on application
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(2) The Commission shall rehear and
redetermine, on the application of
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Redeter- mination by Commission on own initiative
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(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.
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Decision
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(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
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Regulations |
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Regulations
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44. (1) The Commission may, with the
approval of the Governor in Council, make
regulations
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Amount not to
exceed cost
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(2) The fee referred to in paragraph (1)(i)
may not exceed a reasonable estimate of the
cost of providing the information, product or
service.
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Amount not to
exceed cost
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(3) The fee referred to in paragraph (1)(j)
for a licence or class of licence may not exceed
a reasonable estimate of the cost of the
Commission's regulatory activities related to
that licence or class of licence.
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Incorporation
of standards
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(4) Regulations made under paragraph
(1)(o) incorporating a standard by reference
may incorporate the standard as amended to a
certain date or from time to time.
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Regulations
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(5) The Governor in Council may make
regulations generally as the Governor in
Council considers necessary for carrying out
the purposes of this Act.
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Incorporation
of provincial
law
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(6) Any regulation made under subsection
(1) or (5) incorporating by reference in whole
or in part an Act of the legislature of a province
or an instrument made under such an Act may
incorporate the Act or instrument as amended
to a certain date or from time to time.
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Application of
regulations
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(7) Regulations referred to in subsection (6)
may apply
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Administra- tion
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(8) A regulation made under subsection (1)
incorporating an Act or instrument shall, with
the consent of the appropriate provincial
minister, be administered and enforced by the
person or authority that is responsible for the
administration of the Act or instrument.
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Administra- tion
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(9) A regulation made under subsection (5)
incorporating an Act or instrument shall, with
the consent of the appropriate provincial
minister, be administered and enforced by the
person or authority that is responsible for the
administration of the Act or instrument.
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Offence and
penalty
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(10) Notwithstanding section 51, every
person who contravenes a regulation made
under subsection (1) or (5) by contravening a
provision of an Act of the legislature of a
province that, or an instrument made under
such Act that, is incorporated by the
regulation is guilty of an offence against this
Act and is liable to the same punishment as is
imposed by or under any Act of that legislature
for the contravention of that provision.
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Procedure
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(11) The prosecution of a contravention
described in subsection (10) shall be
commenced by the Attorney General of the
province in which the offence was committed.
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Publication of
proposed
regulations
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(12) A copy of each regulation that the
Commission proposes to make under
paragraph (1)(i) or (j) shall be published in the
Canada Gazette and a reasonable opportunity
shall be given to persons to make
representations to the Commission with
respect thereto.
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