|
|
GENERAL |
|
| Oath or
affirmation of
fidelity and
secrecy
|
66. Every member, every officer and
employee of the Commission and every
person acting on behalf or under the direction
of the Commission shall, before acting as
such, take before a justice of the peace or a
commissioner for taking affidavits the
following oath or affirmation of fidelity and
secrecy:
|
|
|
|
I, .........., do solemnly swear (or affirm) that
I will faithfully, truly and to the best of my
judgment, skill and ability execute and
perform the duties required of me as a member
(or officer or employee or person acting on
behalf or under the direction, as the case may
be), of the Canadian Nuclear Safety
Commission.
|
|
|
|
I further solemnly swear (or affirm) that I
will not communicate or allow to be
communicated to any person not legally
entitled thereto any information relating to the
affairs of the Commission nor will I allow any
such person to inspect or have access to any
books or documents belonging to or in the
possession of the Commission and relating to
its business.
|
|
| Application of
Financial
Administra- tion Act
|
67. Subject to this Act and the regulations,
the Financial Administration Act applies in
respect of the Commission.
|
|
| Expenses
|
68. The Commission may expend,
administer, use or dispose of any money or
other property acquired by gift, bequest,
donation and the like, subject to the terms, if
any, on which the money or other property was
given, bequeathed, donated or otherwise
made available to the Commission.
|
|
| Non- application of Statutory Instruments Act
|
69. A decision or order made under this Act,
other than an order made under section 19, is
not a statutory instrument for the purposes of
the Statutory Instruments Act.
|
|
| Unpaid fees
|
70. The amount of any fee imposed on a
person under this Act and any interest thereon
is a debt due to Her Majesty in right of Canada
and may be recovered as such from the person
on whom it was imposed in any court of
competent jurisdiction.
|
|
| Works and
undertakings
|
71. Any work or undertaking constructed
for the development, production or use of
nuclear energy or for the mining, production,
refinement, conversion, enrichment,
processing, reprocessing, possession or use of
a nuclear substance or for the production,
possession or use of prescribed equipment or
prescribed information is declared to be a
work or undertaking for the general advantage
of Canada.
|
|
| Annual report
|
72. The Commission shall, within four
months after the end of each fiscal year,
submit to the Minister a report of the activities
of the Commission under this Act for that
fiscal year, and the Minister shall cause the
report to be laid before each House of
Parliament on any of the first fifteen days on
which that House is sitting after receiving it.
|
|
|
|
TRANSITIONAL PROVISIONS |
|
| Definitions
|
73. The definitions in this section apply in
this section and sections 74 to 80.
|
|
| ``Board'' « ancienne commission »
|
``Board'' means the Atomic Energy Control
Board established by section 3 of the
Atomic Energy Control Act, as that
section read immediately before the
commencement day.
|
|
| ``commence- ment day'' « date d'entrée en vigueur »
|
``commencement day'' means the day on
which this Act comes into force.
|
|
|
|
|
|
| Board
dissolved
|
74. The Board is hereby dissolved.
|
|
| President of
Commission
|
75. The person who holds the office of
President of the Board immediately before
the commencement day continues in office
as the President of the Commission for the
remainder of the term for which that
person was appointed President.
|
|
| Other
members of
Commission
|
76. Each person who holds office as a
member of the Board immediately before
the commencement day continues in office
as a member of the Commission for the
remainder of the term for which the person
was appointed.
|
|
| Rights and
obligations
transferred
|
77. (1) All rights and property of Her
Majesty in right of Canada that are under
the administration and control of the Board
and all obligations and liabilities of the
Board are hereby transferred to the
Commission.
|
|
| References
|
(2) Every reference to the Board in a
deed, contract or other document executed
by the Board in its own name shall, unless
the context otherwise requires, be read as a
reference to the Commission.
|
|
| Closing out
affairs
|
(3) The Minister may do and perform all
acts and things necessary for or incidental
to closing out the affairs of the Board.
|
|
| Commence- ment of legal proceedings
|
78. (1) Any action, suit or other legal
proceeding in respect of an obligation or
liability incurred by the Board, or in the
closing out of the affairs of the Board, may
be brought against the Commission in any
court that would have had jurisdiction if the
action, suit or proceeding had been brought
against the Board.
|
|
| Continuation
of legal
proceedings
|
(2) Any action, suit or other legal
proceeding to which the Board is party
pending in any court immediately before
the commencement day may, on that day, be
continued by or against the Commission in
the like manner and to the same extent as it
could have been continued by or against the
Board.
|
|
| Pending
proceedings
|
(3) Proceedings pending before the Board
immediately before the commencement day
shall be taken up and continued before the
Commission under and in accordance with
this Act.
|
|
| Transfer of
staff
|
79. (1) Every person who, immediately
before the commencement day, was an
officer or employee of the Board becomes,
on that day, an officer or employee, as the
case may be, of the Commission.
|
|
| Deemed
appointment
|
(2) Every person to whom subsection (1)
applies shall be deemed to have been
appointed in accordance with subsection
16(1).
|
|
| No severance
pay
|
(3) For greater certainty, nothing in
subsection (1) shall be construed as entitling
any person to severance pay.
|
|
| Period of
service
|
(4) A person to whom subsection (1)
applies shall be deemed, while an officer or
employee of the Board, to have been
employed in the Public Service for the
purpose of determining the person's
entitlement to leave or any other
employment benefit.
|
|
| Licences
|
80. A licence that is issued pursuant to
regulations made under paragraph 9(b) of
the Atomic Energy Control Act and that is in
force immediately before the
commencement day is deemed to have been
issued under section 24 of this Act and to be
in force for the remainder of the period for
which it was issued under the Atomic
Energy Control Act and any fees paid or
payable under the AECB Cost Recovery
Fees Regulations, 1994 in respect of such a
licence are deemed to be paid or payable, as
the case may be, under this Act.
|
|
| Certificates,
etc.
|
81. A certificate, approval, endorsement,
authorization, designation, permit or
specification issued pursuant to the Atomic
Energy Control Act or any regulation made
under that Act is deemed to have been
issued pursuant to regulations made under
this Act and to be in force for the remainder
of the period for which it was issued under
that Act or those regulations.
|
|
| Nuclear
installation
|
82. A nuclear installation designated by
the Atomic Energy Control Board for the
purposes of the Nuclear Liability Act is
deemed to have been designated for those
purposes by the Canadian Nuclear Safety
Commission.
|
|
|
|
CONSEQUENTIAL AMENDMENTS |
|
| R.S., c. A-1
|
Access to Information Act |
|
|
|
83. Schedule I to the Access to
Information Act is amended by striking out
the following under the heading ``Other
Government Institutions'':
|
|
|
|
Atomic Energy Control Board
|
|
|
|
|
|
|
|
84. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions``:
|
|
|
|
Canadian Nuclear Safety Commission
|
|
|
|
|
|
|
|
85. Schedule II to the Act is amended by
deleting the reference to
|
|
|
|
Atomic Energy Control Act
|
|
|
|
|
|
|
|
and the corresponding reference to section
9.
|
|
|
|
86. Schedule II to the Act is amended by
adding the following in alphabetical order:
|
|
|
|
Nuclear Safety and Control Act
|
|
|
|
|
|
|
|
and by adding a corresponding reference to
paragraphs 44(1)(d) and 48(b).
|
|
| R.S., c. A-16
|
Atomic Energy Control Act |
|
|
|
87. The long title to the Atomic Energy
Control Act is replaced by the following:
|
|
|
|
An Act relating to the development and
utilization of nuclear energy
|
|
|
|
88. The preamble to the Act is repealed.
|
|
|
|
89. Section 1 of the Act is replaced by the
following:
|
|
| Short title
|
1. This Act may be cited as the Nuclear
Energy Act.
|
|
|
|
90. (1) The definitions ``atomic energy'',
``Board'', ``member'', ``prescribed
substances'' and ``President'' in section 2 of
the Act are repealed.
|
|
|
|
(2) Section 2 of the Act is amended by
adding the following in alphabetical order:
|
|
| ``nuclear
energy'' « énergie nucléaire »
|
``nuclear energy'' has the meaning assigned to
that expression by section 2 of the Nuclear
Safety and Control Act;
|
|
| ``nuclear
substance'' « substance nucléaire »
|
``nuclear substance'' has the meaning
assigned to that expression by section 2 of
the Nuclear Safety and Control Act.
|
|
| 1993, c. 34,
s. 4(F)
|
91. The heading before section 3 and
sections 3 to 9 of the Act are repealed.
|
|
|
|
92. Paragraphs 10(1)(c) and (d) of the Act
are replaced by the following:
|
|
|
|
|
|
|
|
|
|
|
|
93. (1) Subsection 11(1) of the Act is
replaced by the following:
|
|
| Shares held in
trust
|
11. (1) The shares of the capital stock of a
company, except the shares that are necessary
to qualify persons other than the Minister as
directors, shall be owned or held by the
Minister, or by another company, in trust for
Her Majesty in right of Canada.
|
|
|
|
(2) Subsection 11(3) of the Act is repealed.
|
|
| 1994, c. 43,
s. 82
|
94. Sections 12 to 17 of the Act are
replaced by the following:
|
|
| Claim for
compensation
may be
referred to
Federal Court
|
14. (1) Whenever any property has been
requisitioned or expropriated under this Act
and the Minister and the owner of the property
have not, within such period as the Minister of
Justice considers reasonable, agreed on the
compensation to be made for the property, the
claim for compensation shall be referred by
the Minister of Justice to the Federal Court.
|
|
| Exception
|
(2) Subsection (1) does not apply in respect
of land described in subsections 10(2) and (3).
|
|
| Expenses
|
15. All expenses under this Act shall be paid
out of moneys appropriated by Parliament for
the purpose or received by a company through
the conduct of its operations or by bequest,
donation or otherwise.
|
|
|
|
95. Paragraph 18(c) of the Act is replaced
by the following:
|
|
|
|
|
|
|
|
96. Subsection 19(1) of the Act is
repealed.
|
|
|
|
97. Sections 20 and 21 of the Act are
repealed.
|
|
|
|
98. Schedule I to the Act is repealed.
|
|
|
|
99. The Act is amended by replacing the
expression ``atomic energy'' with the
expression ``nuclear energy'' in the
following provisions:
|
|
|
|
|
|
|
|
|
|