Bill C-23

Records and Reports

(a) keep the prescribed records, including a record of the dose of radiation received by or committed to each person who performs duties in connection with any activity that is authorized by this Act or who is present at a place where that activity is carried on, retain those records for the prescribed time and disclose them under the prescribed circumstances; and

(b) make the prescribed reports and file them in the prescribed manner, including a report on

(i) any theft or loss of a nuclear sub stance, prescribed equipment or pre scribed information that is used in carry ing on any activity that is authorized by this Act, and

(ii) any contravention of this Act in relation to an activity that is authorized by this Act and any measure that has been taken in respect of the contravention.

Analysts and Inspectors

(a) a nuclear facility;

(b) a nuclear-powered vehicle or a vehicle that the inspector believes on reasonable grounds is transporting a nuclear reactor, nuclear substance, prescribed equipment or prescribed information; and

(c) a vehicle or place in which the inspector believes on reasonable grounds there is a nuclear substance, prescribed equipment, prescribed information or a record that is required by this Act, the regulations, an order or decision made under this Act, or a condition of a licence.

(a) the inspector shall give reasonable notice to the licensee that an inspection is to be carried out;

(b) the inspection shall be conducted be tween the hours of 7:00 a.m. and 9:00 p.m., local time, where the licensee and the inspector cannot agree on a time for the inspection; and

(c) the inspection shall be limited to the parts of the dwelling-house in which the nuclear substance, prescribed equipment, prescribed information or record is kept.

(a) there is contamination by a nuclear substance;

(b) a nuclear substance is being used, handled, stored or transported in a manner that may cause an unreasonable risk to the environment or to the health or safety of persons; or

(c) a nuclear facility is being operated in a manner or is in a state that may cause an unreasonable risk to the environment or to the health or safety of persons.

(a) using any equipment or causing any equipment to be used;

(b) taking any measurement;

(c) carrying out any test on a vehicle or in relation to anything in a vehicle or place that the inspector has been designated to inspect;

(d) examining any vehicle or place and making or causing to be made a record of anything in any vehicle or place that the inspector has been designated to inspect and removing anything from such a vehicle or place for a reasonable period for the purpose of making a record of it;

(e) opening or requesting the opening of any receptacle;

(f) taking and disposing of any sample;

(g) examining any records that are required to be kept or reports that are required to be made under this Act, or any books, records, electronic data or other documents that the inspector believes on reasonable grounds relate to such records or reports; or

(h) questioning any person in charge of, found in or having a connection with, any vehicle or place that the inspector has entered, inspected or searched or from which any thing is seized by an inspector.

(a) on the order of a court, after all proceedings before the court in respect of an offence under this Act or the regulations in relation to the thing are finally concluded; or

(b) on the order of the Federal Court, at any time on application by the Commission or the owner or person in charge.

(a) in the circumstances described in para graph 30(3)(a), the inspector may order that any person evacuate, close, seal, label or take any measures that the inspector consid ers necessary to decontaminate, the place or vehicle;

(b) in the circumstances described in para graph 30(3)(b), the inspector may order that any person use, handle, store or transport the nuclear substance in a manner that will not cause an unreasonable risk to the environment or to the health or safety of persons;

(c) in either of the circumstances described in paragraph 30(3)(c), the inspector may order that any person operate the nuclear facility in a manner or put it in a state that will not cause an unreasonable risk to the environment or to the health or safety of persons; or

(d) in the circumstances described in sec tion 31, the inspector may order that any person take any measure that the inspector considers necessary to protect the environ ment or the health or safety of persons or to maintain national security or compliance with international obligations to which Canada has agreed.

Designated Officers

(a) certify and decertify prescribed equip ment for the purposes of this Act;

(b) certify and decertify persons referred to in paragraph 44(1)(k) as qualified to carry out their duties under this Act or the duties of their employment, as the case may be;

(c) issue, on receipt of an application referred to in subsection 24(2), a licence of a class established by the Commission;

(d) renew, suspend in whole or in part, amend, revoke or replace, on receipt of an application referred to in subsection 24(2), a licence referred to in paragraph (c);

(e) designate any person whom the desig nated officer considers qualified as an analyst under section 28 or as an inspector under subsection 29(1);

(f) make any order that an inspector may make under subsection 35(1) or (2);

(g) confirm, amend, revoke or replace any order made by an inspector; or

(h) authorize the return to work of persons whose dose of radiation has exceeded the prescribed radiation dose limits.

(a) a refusal by the designated officer to issue, renew, suspend, amend, revoke or replace a licence;

(b) the issuance by the designated officer of a licence that contains the condition that the applicant provide a financial guarantee referred to in subsection 24(5);

(c) a renewal of a licence where the terms or conditions of the licence are amended, or a suspension, amendment, revocation or re placement of a licence, other than an amendment of terms or conditions or a suspension, amendment, revocation or re placement made on the application, or with the consent, of the licensee; and

(d) a confirmation, amendment, revocation or replacement of an order under paragraph (2)(g).

Procedures for Decisions and Orders

(a) the applicant, before refusing to issue a licence under paragraph 37(2)(c);

(b) the licensee, before renewing, suspend ing, amending, revoking or replacing a licence, or refusing to renew, suspend, amend, revoke or replace a licence, under paragraph 37(2)(d); and

(c) any person named in or subject to the order, before confirming, amending, revok ing or replacing an order under paragraph 37(2)(g).

(a) the applicant, before refusing to issue a licence under section 24;

(b) the licensee, before renewing, suspend ing, amending, revoking or replacing a licence, or refusing to renew, suspend, amend, revoke or replace a licence, under section 25;

(c) any person named in or subject to the order, before confirming, amending, revok ing or replacing an order of an inspector under subsection 35(3);

(d) any person named in or subject to the order, before confirming, amending, revok ing or replacing an order of a designated officer under subsection 37(6);

(e) the applicant, before confirming a decision not to issue, and the licensee, before confirming a decision not to renew, amend, revoke or replace, a licence under paragraph 43(4)(a);

(f) the licensee, before confirming, varying or cancelling a term or condition of a licence under paragraph 43(4)(b);

(g) the licensee, before taking any measure under any of paragraphs 43(4)(c) to (f);

(h) any person named in or subject to the order, before taking any measure under any of paragraphs 43(4)(g) to (j); and

(i) any person named in or subject to the order, before making any other order under this Act.

(a) in respect of a renewal, suspension, amendment, revocation or replacement of a licence on the application of the licensee; or

(b) in respect of an order under subsection 47(1).

(a) the applicant, where the proceedings were in relation to an application for a licence;

(b) the licensee, where the proceedings were in relation to a licence; or

(c) any person named in, or subject to, the order, where the proceedings were in rela tion to an order.

(a) the proposed exercise by the Commis sion, or by a panel established under section 22, of the power under subsection 24(2) to issue, renew, suspend, amend, revoke or replace a licence; and

(b) any other matter within its jurisdiction under this Act, if the Commission is satisfied that it would be in the public interest to do so.