| Decision of
Governor in
Council
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15. The Governor in Council, on the
recommendation of the Minister, shall select
one of the approaches for the management of
nuclear fuel waste from among those set out in
the study, and the decision of the Governor in
Council shall be published in the Canada
Gazette.
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| Obligation to
submit annual
reports
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16. (1) The waste management organization
shall, within three months after the end of each
fiscal year of the organization, submit to the
Minister a report of its activities for that fiscal
year.
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| Contents of
annual report
after section
15 decision
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(2) Each annual report after the date of the
decision of the Governor in Council under
section 15 must include
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(a) the form and amount of any financial
guarantees that have been provided during
that fiscal year by the nuclear energy
corporations and Atomic Energy of Canada
Limited under the Nuclear Safety and
Control Act and relate to implementing the
approach that the Governor in Council
selects under section 15 or approves under
subsection 20(5);
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(b) the updated estimated total cost of the
management of nuclear fuel waste;
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(c) the budget forecast for the next fiscal
year;
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(d) the proposed formula for the next fiscal
year to calculate the amount required to
finance the management of nuclear fuel
waste and an explanation of the
assumptions behind each term of the
formula; and
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(e) the amount of the deposit required to be
paid during the next fiscal year by each of
the nuclear energy corporations and Atomic
Energy of Canada Limited, and the
rationale by which those respective
amounts were arrived at.
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| Minister's
approval of
formula and
deposits
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(3) The formula referred to in paragraph
(2)(d) and the amount of each deposit referred
to in paragraph (2)(e) are subject to the
approval of the Minister when proposed in
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(a) the first annual report after the date of a
decision of the Governor in Council under
section 15 or subsection 20(5); and
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(b) the first annual report after the issuance,
under section 24 of the Nuclear Safety and
Control Act, of a construction or operating
licence for an activity to implement the
approach that the Governor in Council
selects under section 15 or approves under
subsection 20(5).
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| Grounds for
refusing to
approve
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(4) If the Minister
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(a) is not satisfied that the formula referred
to in paragraph (2)(d) will provide
sufficient funds to implement the approach
that the Governor in Council selects under
section 15 or approves under subsection
20(5), or
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(b) is not satisfied that the amount of each
deposit referred to in paragraph (2)(e) is
consistent with the formula referred to in
paragraph (2)(d),
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the Minister shall refuse to give the approval
referred to in subsection (3) and shall direct
the waste management organization to revise
the relevant portions of the annual report and
submit the revised annual report to the
Minister within 30 days.
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| Obligation to
deposit
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17. (1) Each nuclear energy corporation and
Atomic Energy of Canada Limited shall,
either directly or through a third party, deposit
to its trust fund maintained under subsection
9(1) its respective deposit specified in the
annual report
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(a) if the Minister's approval under
subsection 16(3) is not required, within 30
days after the annual report is submitted to
the Minister under subsection 16(1); or
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(b) if the Minister's approval under
subsection 16(3) is required, within 30 days
after the date of that approval.
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| Extension of
time
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(2) Notwithstanding subsection (1), the
Governor in Council may, on request by a
nuclear energy corporation made before the
expiration of the 30 day period referred to in
that subsection, authorize the nuclear energy
corporation to defer by one year all or part of
its deposit required by that subsection, if the
Governor in Council is of the opinion that the
public interest requires that that money be
used instead to repair the damage caused by an
event that is not attributable to the corporation
and is extraordinary, unforeseen and
irresistible.
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| Triennial
report
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18. The annual report of the waste
management organization for its third fiscal
year after the fiscal year in which a decision is
made by the Governor in Council under
section 15, and for every third fiscal year after
that, in this Act called the ``triennial report'',
must include
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(a) a summary of its activities respecting
the management of nuclear fuel waste
during the last three fiscal years, including
an analysis of any significant
socio-economic effects of those activities
on a community's way of life or on its
social, cultural or economic aspirations;
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(b) its strategic plan for the next five fiscal
years to implement the approach that the
Governor in Council selects under section
15 or approves under subsection 20(5);
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(c) its budget forecast for the next five fiscal
years to implement the strategic plan;
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(d) the results of its public consultations
held during the last three fiscal years with
respect to the matters set out in paragraphs
(a) and (b); and
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(e) the comments of the Advisory Council
on the matters referred to in paragraphs (a)
to (d).
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| Minister's
statement
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19. The Minister shall issue a public
statement on each report submitted to the
Minister.
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| New
approach -
technical
difficulty
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20. (1) If the waste management
organization is unable, for technical reasons
beyond its control, to implement the approach
that was selected by the Governor in Council
under section 15, the waste management
organization shall so report in its triennial
report and shall, in that report, propose a new
approach.
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| New
approach -
technical
innovation
|
(2) If a new technological method is
developed that has been the subject of a
scientific and technical review by experts
from international governmental
organizations that deal with nuclear matters
and has received their support, the waste
management organization may propose, in its
triennial report, a new approach for the
management of nuclear fuel waste that is
based on that new method.
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| Application of
other
provisions
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(3) Subsections 12(3) to (7) and sections 13
and 14 apply, with such modifications as the
circumstances require, in respect of an
approach proposed under subsection (1) or
(2). The approach must be accompanied by
the comments of the Advisory Council on that
approach.
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| Submission to
Governor in
Council
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(4) If the Minister is satisfied that the new
approach referred to in subsection (1) or (2) is
technically and economically feasible in
Canada, the Minister shall submit the new
approach to the Governor in Council.
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| Decision of
Governor in
Council
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(5) The Governor in Council may, on the
recommendation of the Minister, approve an
approach proposed under subsection (1) or
(2), in which case the decision of the Governor
in Council shall be published in the Canada
Gazette.
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| Withdrawals
from trust
funds
|
21. Notwithstanding subsection 11(1), the
Governor in Council may, on the
recommendation of the Minister, authorize a
beneficiary of a trust fund to withdraw all or
part of the balance in the trust fund if
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(a) the Governor in Council has approved
an approach under subsection 20(5) and the
total balance in the trust funds exceeds the
estimated total cost of implementing that
approach; or
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(b) the waste management organization has
completed the implementation of an
approach that the Governor in Council
selected under section 15 or approved under
subsection 20(5).
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| Records and
books to be
kept
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22. (1) The waste management
organization, every nuclear energy
corporation and Atomic Energy of Canada
Limited, as well as every financial institution
that holds a trust fund, shall keep, at its place
of business in Canada, records, books of
account and other documents for at least six
years after the end of the fiscal year to which
they relate, in such form and containing such
information as will enable the verification of
the accuracy and completeness of the
information that is required to be submitted or
provided to the Minister under this Act.
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| False entries,
omissions
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(2) No person shall make a false entry, or
fail to make an entry, in a record, book of
account or other document required to be kept
under subsection (1).
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| WMO
financial
statements
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23. (1) The waste management organization
shall provide the Minister, within three
months after the end of each fiscal year of the
organization, with financial statements
audited at its own expense by an independent
auditor.
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| Trust fund
financial
statements
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(2) Every financial institution that holds a
trust fund shall provide the Minister and the
waste management organization, within three
months after the end of each fiscal year of the
trust fund, with financial statements relating
to that trust fund, audited at its own expense by
an independent auditor.
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| Documents to
be made
public
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24. The waste management organization
shall make available to the public
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(a) reports and financial statements that it is
required to submit to the Minister under this
Act, simultaneously with submitting them
to the Minister; and
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(b) financial statements provided to the
waste management organization under
subsection 23(2), as soon as practicable.
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| Auditors
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25. (1) The Minister may designate as an
auditor for the purposes of this Act any person
that the Minister considers to be qualified.
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| Powers of
auditors
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(2) For the purpose of ensuring compliance
with this Act, an auditor may, during normal
business hours,
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(a) enter any premises of a body referred to
in subsection 22(1), after having given
reasonable advance notice to the person in
charge of the premises; and
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(b) inspect, make copies of, and take
extracts from, any records, books of
account and other documents that the
auditor believes on reasonable grounds are
required by subsection 22(1) to be kept.
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| Designation to
be produced
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(3) An auditor shall, if so requested either
before or after entering any premises under
this section, produce to the person in charge of
the premises evidence of the auditor's
designation by the Minister.
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| Duty to assist
auditor
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26. (1) Every person shall give all
reasonable assistance to an auditor.
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| Prohibitions
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(2) No person shall obstruct or hinder an
auditor, or make a false or misleading
statement, either orally or in writing, or
provide false or misleading information, to an
auditor.
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| Failure to
deposit
amounts
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27. (1) If a nuclear energy corporation or
Atomic Energy of Canada Limited fails to
comply with subsection 10(5) or section 17, it
is guilty of an offence and liable on summary
conviction to a fine not exceeding $300,000
for each day on which the offence is
committed or is continued.
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| Court order
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(2) If a body is convicted under subsection
(1), the court may, in addition to any
punishment imposed under that subsection,
order the body to deposit to its trust fund, on
or before the date fixed by the court, the
amount that it failed to deposit as required,
plus interest on that amount at the prime rate
plus two per cent calculated from the day on
which the amount was required to have been
deposited.
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| Failure to
comply with
court order
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(3) If a body fails to comply with an order
made under subsection (2), it is guilty of an
offence punishable on summary conviction
and liable to a fine equal to twenty per cent of
the aggregate amount set out in that order.
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| Failure to
submit study
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28. (1) If the waste management
organization fails to submit the study of its
proposed approaches within the period set out
in subsection 12(1), it is guilty of an offence
and liable on summary conviction to a fine not
exceeding $300,000 for each day on which the
offence is committed or is continued.
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| Failure to
submit revised
study, annual
report
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(2) If the waste management organization
fails to comply with a direction of the Minister
made under subsection 14(2), or fails to
submit the report of its activities within the
period set out in subsection 16(1), it is guilty
of an offence and liable on summary
conviction to a fine not exceeding $100,000
for each day on which the offence is
committed or is continued.
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| Failure to
submit revised
annual report
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(3) If the waste management organization
fails to comply with a direction of the Minister
made under subsection 16(4), it is guilty of an
offence and liable on summary conviction to
a fine not exceeding $50,000 for each day on
which the offence is committed or is
continued.
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| Withdrawals,
making
documents
public
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(4) If the waste management organization
withdraws moneys from a trust fund without
the Minister's approval where that approval is
required under subsection 11(4), or fails to
comply with section 24, it is guilty of an
offence and liable on summary conviction to
a fine not exceeding $100,000.
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| Auditors
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(5) Every person who contravenes section
26 is guilty of an offence and liable on
summary conviction to a fine not exceeding
$100,000.
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| Other
offences
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(6) Every person who contravenes any other
provision of this Act is guilty of an offence and
liable on summary conviction to a fine not
exceeding $50,000.
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| Offence by
employee or
agent
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29. In a prosecution for an offence under
this Act, it is sufficient proof of the offence to
establish that it was committed by an
employee or agent of the accused, whether or
not the employee or agent is identified or has
been prosecuted for the offence.
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| Due diligence
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30. No person shall be found guilty of an
offence under this Act if it is established that
the person exercised all due diligence to
comply with this Act or to prevent the
commission of the offence.
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| Time limit for
prosecution
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31. Proceedings in respect of an offence
under this Act may be instituted within but not
later than two years after the time when the
subject matter of the proceedings arose or the
Minister became aware of the subject matter
of the proceedings.
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