CNSC Nuclear safety and control act

Question 1

define nuclear energy worker

Answer 1

a person who in their occupation has a reasonable probability of receiving a dose of radiation greater than the prescribed limit for the general public

Question 2

institutes included in nuclear facility

Answer 2

a) fission or fusion reactor
b) particle accelerator
c) uranium or thorium mine or mill
(d) a plant for the processing, reprocessing or separation of an isotope of uranium, thorium or plutonium,
(e) a plant for the manufacture of a product from uranium, thorium or plutonium,
(f) a plant for the processing or use, in a quantity
greater than 10^15 Bq per calendar 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, possession or use of a nuclear substance, prescribed equipment or prescribed information,

includes land where facility is located and any buildings or equipment related

Question 3

define nuclear substance

Answer 3

(a) deuterium, thorium, uranium or an element with
an atomic number greater than 92;
(b) a derivative or compound of deuterium, 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 development, 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.

Question 4

describe penalty

Answer 4

monetary penalty for violation of the act

Question 5

described prescribed by act

Answer 5

prescribed by regulation of the Commission.

Question 6

the act applies to what type of radiation?

Answer 6

sufficient energy for ionization

Question 7

purpose of the act

Answer 7

limitation of the risks to national security, health and safety of persons and the environment, that are associated with all use, development of nuclear substances

implementation in Canada of respecting rules Canada agreed to, including not making nuclear weapons

Question 8

is national defence included in the act?

Answer 8

the governor council can exclude them under conditions in the order

Question 9

objects of the commission

Answer 9

Regulate development, production, and use of muclear energy and related substances/equipment to:

a) prevent unreasonable risk to environment and people
b) prevent unreasonable risk to national security
c) ensure Canada is conforming with international obligations and agreements

Inform the public of what the Commission does and its effects on the environment, people, etc.

Question 10

how many members in commission?

Answer 10

no more than 7 permanent
can have more temporary members as needed
president is full time, others can be full or part time

Question 11

how long are tenures in the commission?

Answer 11

no more than 5 years for permanent, 3 years for temporary
can be removed with cause

members can be re-appointed

Question 12

if a member has a conflict of interest?

Answer 12

must terminate contract or quit commission within 120 days

Question 13

is the commission bound by legal rules of evidence?

Answer 13

No
It can use evidence recieved by oath or affidavit at its discretion
It can refuse evidence it considers irrelavant or not trustworthy

Question 14

can the commission authorize the return to work of persons whose dose exceeded the prescribed dose limit?

Answer 14

yes

Question 15

what does every licensee have to do?

Answer 15

• keep and submit records, including dose received by every workeer
• report any theft or loss of nuclear substance, equipment etc.
• report any contravention of the Act and measures taken wrt contravention

Question 16

can the commissiomn search without warrant?

Answer 16

yes, if conditions for warrant exist but it is not feasible to get one

Question 17

can the inspector use equipment during inspection?

Answer 17

yes

Question 18

commission to provide opportunity to be heard?

Answer 18

yes, before revoking license, not renewing, refusing to issue license etc/.

Question 19

can people appeal to the commission following a decision?

Answer 19

yes

Question 20

restriction on amount of penalty

Answer 20

25 k to individual

100 k in case of any other person

Question 21

what happens on notification of contamination

Answer 21

• commission orders public hearing
• if there is contamination, file notice of contamination, put in orders to land owners
• can then hold another public hearing if contamination no longer present - then file notice of cancellation

Question 22

emergency orders

Answer 22

in case of emergency the Commission may, without conducting any proceedings, make any order that it considers necessary to protect the environment or the health and safety of persons or to maintain national security and compliance with Canada’s international obligations

Question 23

is terminating an employee for receiving too much dose considered an offence?

Answer 23

yes, unless done in a prescribed manner

Question 24

is disciplining an employee for helping the commission considered an offence?

Answer 24

yes

Question 25

a NEW doesn’t report for duty at a nuclear facility. Is this an offence?

Answer 25

yes

Question 26

punishment for people who possess nuclear subsances without license

Answer 26

for contravening section 36 (i.e. not letting inspector inspect stuff and not assisting them)

• fine up to 5 k
• prison up to 6 months

for offence of section 50 (i.e. possessing a nuclear substance and isn;t authorized, or uses it in a way not authorized):
-up to 10 years in prison

for indictable offence not in above 2 scenarios:

• fine up to 1 million
• prison up to 5 years

for offence punishable on summary conviction not in above 2 scenarios:

• fine up to 500 k
• prison up to 18 months

Question 27

what occurs if offence is continued on more than one day?

Answer 27

it is a separate offence for each day

Question 28

is someone guilty if they did all due diligence to prevent contravention of the act?

Answer 28

Says no wrt offences

Wrt violations, claims this is not a defence

Question 29

what if I go overseas and commit something considered an offence under the act?

Answer 29

I am charged as though I committed the act in Canada

Question 30

purpose of penalty

Answer 30

to promote compliance with act, not to punish

Question 31

if a corporation commits a violation, are there agents who directed, authorised, or participated in the violation subject to penalty?

Answer 31

yes

Question 32

what is a violation?

Answer 32

contravening or failing to comply with a provision, oder, decision, term, or condition

Question 33

difference between offence and violation

Answer 33

section 126 of criminal code does not apply to violations