Bill C-23
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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 speci
fied in it or, if no time is specified, immediate
ly.
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Liability for
costs of
measures
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42. (1) Where the Commission, an inspec
tor or a designated officer makes an order in
relation to a nuclear substance, prescribed
equipment, prescribed information or a nu
clear facility, the person who is in possession
of the nuclear substance, prescribed equip
ment 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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Redetermina- tion by Commission on application
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(2) The Commission shall rehear and rede
termine, on the application of
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Redetermina- tion 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 redeter
mination, the Commission may hear new
evidence or rehear such evidence as it consid
ers 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 regula
tion 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 com
menced by the Attorney General of the
province in which the offence was committed.
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