CNSC Nuclear safety and control act Flashcards
define nuclear energy worker
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
institutes included in nuclear facility
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
define nuclear substance
(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.
describe penalty
monetary penalty for violation of the act
described prescribed by act
prescribed by regulation of the Commission.
the act applies to what type of radiation?
sufficient energy for ionization
purpose of the act
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
is national defence included in the act?
the governor council can exclude them under conditions in the order
objects of the commission
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.
how many members in commission?
no more than 7 permanent
can have more temporary members as needed
president is full time, others can be full or part time
how long are tenures in the commission?
no more than 5 years for permanent, 3 years for temporary
can be removed with cause
members can be re-appointed
if a member has a conflict of interest?
must terminate contract or quit commission within 120 days
is the commission bound by legal rules of evidence?
No
It can use evidence recieved by oath or affidavit at its discretion
It can refuse evidence it considers irrelavant or not trustworthy
can the commission authorize the return to work of persons whose dose exceeded the prescribed dose limit?
yes
what does every licensee have to do?
-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
can the commissiomn search without warrant?
yes, if conditions for warrant exist but it is not feasible to get one
can the inspector use equipment during inspection?
yes
commission to provide opportunity to be heard?
yes, before revoking license, not renewing, refusing to issue license etc/.
can people appeal to the commission following a decision?
yes
restriction on amount of penalty
25 k to individual
100 k in case of any other person
what happens on notification of contamination
-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
emergency orders
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
is terminating an employee for receiving too much dose considered an offence?
yes, unless done in a prescribed manner
is disciplining an employee for helping the commission considered an offence?
yes
a NEW doesn’t report for duty at a nuclear facility. Is this an offence?
yes
punishment for people who possess nuclear subsances without license
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
what occurs if offence is continued on more than one day?
it is a separate offence for each day
is someone guilty if they did all due diligence to prevent contravention of the act?
Says no wrt offences
Wrt violations, claims this is not a defence
what if I go overseas and commit something considered an offence under the act?
I am charged as though I committed the act in Canada
purpose of penalty
to promote compliance with act, not to punish
if a corporation commits a violation, are there agents who directed, authorised, or participated in the violation subject to penalty?
yes
what is a violation?
contravening or failing to comply with a provision, oder, decision, term, or condition
difference between offence and violation
section 126 of criminal code does not apply to violations
