Bill C-23
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RECOMMENDATION |
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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to establish the Canadian Nuclear Safety Commission and to make
consequential amendments to other Acts''.
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SUMMARY |
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This enactment replaces the Atomic Energy Control Act with a
modern statute to provide for more explicit and effective regulation of
nuclear energy.
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While the existing Act encompasses both the regulatory and
developmental aspects of nuclear activities, this enactment disconnects
the two functions and provides a distinct identity to the regulatory
agency. It replaces the Atomic Energy Control Board with the Canadian
Nuclear Safety Commission, underlining its separate role from that of
Atomic Energy of Canada Ltd., the federal research, development and
marketing organization for nuclear energy.
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Since the Act was first adopted in 1946, the mandate of the
regulatory agency has evolved from one chiefly concerned with
national security to one which focuses primarily on the control of the
health, safety and environmental consequences of nuclear activities.
This enactment provides the Canadian Nuclear Safety Commission
with a mandate to establish and enforce national standards in these
areas. It also establishes a basis for implementing Canadian policy and
fulfilling Canada's obligations with respect to the non-proliferation of
nuclear weapons.
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It increases the number of members of the Commission from five to
seven to provide a broader range of expertise, and permits them to sit
in panels. The Commission is made a court of record with powers to
hear witnesses, take evidence and control its proceedings, while
maintaining the flexibility to hold informal hearings. The enactment
sets out a formal system for review and appeal of decisions and orders
made by the Commission, designated officers and inspectors.
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The enactment also brings the enforcement powers of compliance
inspectors and the penalties for infractions into line with current
legislative practices.
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The Commission is empowered to require financial guarantees, to
order remedial action in hazardous situations and to require responsible
parties to bear the costs of decontamination and other remedial
measures.
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This enactment binds the Crown, both federal and provincial, and the
private sector.
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The enactment provides authority for the Commission and the
Governor in Council to incorporate provincial laws by reference and to
delegate powers to the provinces in areas better regulated by them or
where licensees would otherwise be subject to overlapping regulatory
provisions.
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Finally, the enactment provides for the recovery of the costs of
regulation from persons licensed under the Act.
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