Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)

Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) The Canadian Nuclear Safety Commission, pursuant to subsection 44(1)a of the Nuclear Safety and Control Actb, makes the annexed Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission). Ottawa, May 17, 2013 His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 44(1)a of the Nuclear Safety and Control Actb, approves the annexed Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission), made by the Canadian Nuclear Safety Commission. S.C. 2012, c. 19, s. 129(1) S.C. 1997, c. 9 Definition of Act In these Regulations, Act means the Nuclear Safety and Control Act. Violations The contravention of a provision of the Act or any of its regulations that is set out in column 1 of the schedule is designated as a violation that may be proceeded with in accordance with sections 65.01 to 65.21 of the Act. Short-form descriptions In the event of a discrepancy between the short-form descriptions in the schedule and the provision to which it pertains, the provision prevails. Classification The classification of a violation of a provision that is set out in column 1 of the schedule as a Category A, Category B or Category C violation is as set out in column 3. Individual The amount payable as the penalty in respect of a violation that is committed by an individual is $300 to $3,000, for a Category A violation; $300 to $10,000, for a Category B violation; and $300 to $25,000, for a Category C violation. Person other than an individual The amount payable as the penalty in respect of a violation that is committed by a person other than an individual is $1,000 to $12,000, for a Category A violation; $1,000 to $40,000, for a Category B violation; and $1,000 to $100,000, for a Category C violation. Determination of amount The amount of a penalty is determined by the Commission having regard to the compliance history of the person who committed the violation; the degree of intention or negligence on the part of the person; the harm that resulted or could have resulted from the violation; whether the person derived any competitive or economic benefit from the violation; whether the person made reasonable efforts to mitigate or reverse the violation’s effects; whether the person provided all reasonable assistance to the Commission; and whether the person brought the violation to the attention of the Commission. Manner of service A notice of violation referred to in section 65.05 of the Act and a determination referred to in section 65.13 of the Act shall be served by in the case of an individual, leaving a copy of it with the individual, leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and in the case of any other person, sending a copy of it by registered mail, courier or fax to the person’s head office or place of business or to the person’s agent; leaving a copy of it at the person’s head office or place of business with an individual who appears to manage or be in control of the head office or place of business or with the person’s agent; or sending a copy of it by electronic means, other than by fax, to any person referred to in subparagraph (ii). Deemed service The notice of violation or determination — other than when personally served — is considered to be served in the case of a copy that is left with an adult referred to in subparagraph (1)(a)(ii), on the day on which it is left with the adult; in the case of a copy that is sent by registered mail or courier, on the tenth day after the date indicated in the receipt issued by the postal or courier service; and in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted. S.C. 2012, c. 19 These Regulations come into force on the day on which section 129 of the Jobs, Growth and Long-term Prosperity Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. [Note: Regulations in force July 3, 2013, see SI/2013-69.] Definition of former Regulations For the purposes of this section, former Regulations means the Nuclear Security Regulations as they read immediately before the day on which these Regulations come into force. Words and expressions Unless the context otherwise requires, words and expressions used in this section have the same meaning as in section 1. Nuclear facility The former Regulations and Part 9 of the schedule to Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission), as they read immediately before the day on which these Regulations come into force, continue to apply for two years after that day to a nuclear facility for which, on the day on which these Regulations come into force, a licence issued under the Act is in force. Existing authorization or clearance If a person has been granted a clearance or issued an authorization under the former Regulations, that clearance or authorization remains valid until the expiry of the term for which it was granted or issued, and during that term the person may continue to access any area or information and carry out any duties and responsibilities that the clearance or authorization permitted them to access or carry out under the former Regulations. Site access security clearance If a person has been granted a site access security clearance under the former Regulations that is valid on the day on which these Regulations come into force and that, to maintain the person’s access to the nuclear facility, must be replaced by a facility-access security clearance granted under section 85, the licensee that granted the clearance may, before the term of the clearance expires, extend the term of the clearance to any term not exceeding 10 years. Item 1 of Part 10 of the schedule to the Regulations is replaced by the following: