Bill C-23

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	2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-23
	An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts
Preamble	Whereas it is essential in the national and international interests to regulate the develop ment, production and use of nuclear energy and the production, possession and use of nu clear substances, prescribed equipment and prescribed information;
	And Whereas it is essential in the national interest that consistent national and interna tional standards be applied to the develop ment, production and use of nuclear energy;
	Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

	SHORT TITLE
Short title	1. This Act may be cited as the Nuclear Safety and Control Act.
	INTERPRETATION
Definitions	2. The definitions in this section apply in this Act.
``analyst'' « analyste »	``analyst'' means a person designated as an analyst under section 28.
``Commission '' « Commission »	``Commission means the Canadian Nuclear Safety Commission established by section 8.
``designated officer'' « fonction- naire désigné »	``designated officer'' means a person desig nated as a designated officer under section 37.
``dosimetry service'' « service de dosimétrie »	``dosimetry service'' means a prescribed facil ity for the measurement and monitoring of doses of radiation.
``inspector'' « inspecteur »	``inspector'' means a person designated as an inspector under section 29.
``licence'' « licence » ou « permis »	``licence'' means a licence issued under sec tion 24.
``Minister'' « ministre »	``Minister'' means the Minister of Natural Re sources or such member of the Queen's Privy Council for Canada as the Governor in Council may designate as the Minister for the purposes of this Act.
``nuclear energy'' « énergie nucléaire »	``nuclear energy'' means any form of energy released in the course of nuclear fission or nuclear fusion or of any other nuclear trans mutation.
``nuclear energy worker'' « travailleur du secteur nucléaire »	``nuclear energy worker'' means a person who is required, in the course of the person's business or occupation in connection with a nuclear substance or nuclear facility, to per form duties in such circumstances that there is a reasonable probability that the person may receive a dose of radiation that is great er than the prescribed limit for the general public.
``nuclear facility'' « installation nucléaire »	``nuclear facility'' means any of the following facilities, namely,
	(a) a nuclear fission or fusion reactor or subcritical nuclear assembly,
	(b) a particle accelerator,
	(c) a uranium or thorium mine or mill,
	(d) a plant for the processing, reproces sing or separation of an isotope of uranium, thorium or plutonium,
	(e) a plant for the manufacture of a product from uranium, thorium or pluto nium,
	(f) a plant for the processing or use, in a quantity greater than 1015 Bq per calen dar year, of nuclear substances other than uranium, thorium or plutonium,
	(g) a facility for the disposal of a nuclear substance generated at another nuclear facility,
	(h) a vehicle that is equipped with a nuclear reactor, and
	(i) any other facility that is prescribed for the development, production or use of nuclear energy or the production, posses sion or use of a nuclear substance, prescribed equipment or prescribed in formation,
	and includes, where applicable, the land on which the facility is located, a building that forms part of, or equipment used in conjunc tion with, the facility and any system for the management, storage or disposal of a nuclear substance.
``nuclear substance'' « substance nucléaire »	``nuclear substance'' means
	(a) deuterium, thorium, uranium or an element with an atomic number greater than 92;
	(b) a derivative or compound of deuteri um, thorium, uranium or of an element with an atomic number greater than 92;
	(c) a radioactive nuclide;
	(d) a substance that is prescribed as being capable of releasing nuclear energy or as being required for the production or use of nuclear energy;
	(e) a radioactive by-product of the devel opment, production or use of nuclear energy; and
	(f) a radioactive substance or radioactive thing that was used for the development or production, or in connection with the use, of nuclear energy.
``prescribed'' « réglemen- taire » ou « réglementé »	``prescribed'' means prescribed by regulation of the Commission.
``radiation'' « rayonnemen t »	``radiation'' means the emission by a nuclear substance, the production using a nuclear substance, or the production at a nuclear fa cility of, an atomic or subatomic particle or electromagnetic wave with sufficient ener gy for ionization.
``record'' « document »	``record'' has the meaning assigned to that word by section 3 of the Access to Informa tion Act.
``vehicle'' « véhicule »	``vehicle'' means any means of air, water or land transport, and includes railway equip ment within the meaning assigned to that expression by subsection 4(1) of the Rail way Safety Act.
	PURPOSE OF ACT
Purpose	3. The purpose of this Act is to provide for
	(a) the limitation, to a reasonable level and in a manner that is consistent with Canada's international obligations, of the risks to national security, the health and safety of persons and the environment that are associated with the development, produc tion and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and pre scribed information; and
	(b) the implementation in Canada of mea sures to which Canada has agreed respect ing international control of the develop ment, production and use of nuclear energy, including the non-proliferation of nuclear weapons and nuclear explosive devices.
	APPLICATION
Her Majesty	4. Subject to any order made pursuant to section 5, this Act is binding on Her Majesty in right of Canada or a province.
Orders excluding Department of National Defence, etc	5. The Governor in Council may, by order, exclude the Department of National Defence or the Canadian Forces from the application of this Act or any regulations made pursuant to this Act, to the extent and under the conditions specified in the order.
Act not applicable to certain naval vessels	6. This Act does not apply to a nuclear-pow ered or nuclear-capable naval vessel of a foreign state that is invited into Canada by Her Majesty in right of Canada.
Commission may exclude certain substances	7. The Commission may, in accordance with the regulations, exempt any activity, person, class of person or quantity of a nuclear substance, temporarily or permanently, from the application of this Act or the regulations or any provision thereof.
	CANADIAN NUCLEAR SAFETY COMMISSION
	Establishment of Commission
Establishment of Commission	8. (1) There is hereby established a body corporate to be known as the Canadian Nuclear Safety Commission.
Agent of Her Majesty	(2) The Commission is for all its purposes an agent of Her Majesty and may exercise its powers only as an agent of Her Majesty.
	Objects
Objects	9. The objects of the Commission are
	(a) to regulate the development, production and use of nuclear energy and the produc tion, possession and use of nuclear sub stances, prescribed equipment and pre scribed information in order to
	(i) prevent unreasonable risk, to the environment and to the health and safety of persons, associated with that develop ment, production, possession or use,
	(ii) prevent unreasonable risk to national security associated with that develop ment, production, possession or use, and
	(iii) achieve conformity with measures of control and international obligations to which Canada has agreed; and
	(b) to disseminate objective scientific, technical and regulatory information to the public concerning the activities of the Commission and the effects, on the envi ronment and on the health and safety of persons, of the development, production, possession and use referred to in paragraph (a).
	Members
Constitution	10. (1) The Commission consists of not more than seven permanent members to be appointed by the Governor in Council.
Temporary members	(2) Notwithstanding subsection (1), the Governor in Council may appoint temporary members of the Commission whenever, in the opinion of the Governor in Council, it is necessary to do so.
President	(3) The Governor in Council shall designate one of the permanent members to hold office as President.
Full- or part-time members	(4) The President is a full-time member of the Commission and the other members may be appointed as full-time or part-time mem bers.
Tenure and term of appointment	(5) Each permanent member holds office during good behaviour for a term not exceed ing five years and may be removed at any time by the Governor in Council for cause.
Temporary members	(6) Each temporary member holds office during good behaviour for a term not exceed ing six months.
Re- appointment	(7) A member is eligible to be re-appointed to the Commission in the same or another capacity.
Conflict of interest	11. (1) A member shall not, directly or indirectly, engage in any activity, have any interest in a business or accept or engage in any office or employment that is inconsistent with the member's duties.
Termination of conflict of interest	(2) A member who becomes aware that the member is in a conflict of interest contrary to subsection (1) shall, within one hundred and twenty days, terminate the conflict or resign from the Commission.
	President
Duties of President	12. (1) The President is the chief executive officer of the Commission and has supervision over and direction of the work of the members and officers and employees of the Commis sion, including the apportionment of work among the members and, where the Commis sion sits in a panel, the assignment of a member or members to the panel and of a member to preside over the panel.
Absence, etc. of President	(2) If the President is absent or incapaci tated or if the office of President is vacant, such other member as may be designated by the Commission has all the powers and functions of the President during the absence, incapacity or vacancy, but no person may so act for a period exceeding ninety days without the approval of the Governor in Council.
Delegation	(3) The President may delegate any of the powers delegated to the President pursuant to subsection 16(2) or 17(2) to any officer or employee of the Commission.
Reports	(4) Subject to the regulations made pur suant to paragraph 44(1)(d), the President shall make such reports to the Minister as the Minister may require concerning the general administration and management of the affairs of the Commission and such of these reports as the Minister may direct shall form part of the report referred to in section 72.

Bill C-23

BILL C-23