Vol. 133, No. 7 — February 13, 1999

Canadian Nuclear Safety Commission Rules of Procedure

Statutory Authority

Nuclear Safety and Control Act

Sponsoring Agency

Atomic Energy Control Board

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Nuclear activities in Canada are regulated by the Atomic Energy Control Board (AECB) under the Atomic Energy Control Act of 1946. The need to update this legislation led to the passage of the Nuclear Safety and Control Act (the Act) by Parliament on March 20, 1997. Under its provisions, the AECB will be replaced by the Canadian Nuclear Safety Commission when the associated regulations have completed the regulatory review process. The AECB is therefore proposing, on behalf of the future Canadian Nuclear Safety Commission (the Commission), Rules of Procedure Regulations as described below.

The major object of the Commission is to regulate the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information in order to

In fulfilling the objects of the Commission, subsection 44(1) of the Act gives the Commission the power to make regulations with the approval of the Governor in Council in certain specified areas, including those identified in the Act with the term "prescribed". In particular,

(a) Section 38 of the Act states that every order of an inspector and every order of a designated officer shall be made in accordance with the prescribed rules of procedure;

(b) Subsection 40(1) states that the Commission shall provide an opportunity to be heard in certain identified situations in accordance with the prescribed rules of procedure;

(c) Subsection 40(3) states in part that the Commission may, on its own initiative, conduct proceedings, in accordance with the prescribed rules of procedure; and

(d) Subsections 46(1) and (4) describe public hearings for contaminated land in accordance with the prescribed rules of procedure.

Alternatives

The Act requires the Commission to hold public hearings in certain specified situations and to give a reasonable opportunity for affected parties to be heard. The Act also requires that rules of procedure must be established by regulation, so there is therefore no alternative. In many respects, the proposed rules reflect the AECB's current practice as described in the Board's Regulatory Policy P-76, Policy and Procedures for Making Submissions and Appearances Before the Atomic Energy Control Board.

Consistency with Regulatory Policy and Citizens' Code

The Canadian Nuclear Safety Commission Rules of Procedure provide interested parties with a fair opportunity to participate in the Commission's public hearings process and affected parties with an opportunity to be heard while ensuring that the statutory rights of applicants and licensees are recognized.

Benefits and Costs

These Rules of Procedure will constitute a published standard set of procedures for all participants to follow in proceedings before the Commission. The Rules set up the Commission's procedures in accordance with its mandate to resolve matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit. They will benefit licensees, applicants and interested parties by removing uncertainty about the process. As well, the Rules will assist the Commission in conducting its formal proceedings in accordance with the requirements of administrative law and the Act.

Since the Act also provides the authority for decision making by inspectors and designated officers, the proposed Rules address the review of these functions and the opportunity for affected parties to be heard.

The Rules are consistent with current practice and therefore cause no significant additional cost to industry, the public or government.

Consultation

The AECB has had open meetings for approximately ten years. The Rules of Procedure represent the culmination of the experience the AECB gained during this period. Since the publication of Regulatory Policy P-76 in August 1997, the AECB has received numerous comments on the document. These comments have been considered in the development of the Rules of Procedure.

Compliance and Enforcement

Since this regulation is procedural, compliance with it is supported by the procedural powers given to the Commission by the Act. In addition to its power to control its proceedings, the Commission will be a court of record. It has, with respect to the appearance, summoning and examination of witnesses, the production and inspection of records, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are necessary to carry out the duties of the Commission or to enforce any order.

Contact

Ross Brown, Manager, New Act Implementation Group, Atomic Energy Control Board, 280 Slater Street, P.O. Box 1046, Ottawa, Ontario K1P 5S9, (613) 995-1357 (Telephone), (613) 995-5086 (Facsimile), brown.r@atomcon.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Atomic Energy Control Board proposes that the following regulation be made by the Canadian Nuclear Safety Commission pursuant to section 44 of the Nuclear Safety and Control Act after the Act comes into force:

Canadian Nuclear Safety Commission Rules of Procedure

Interested persons may make representations concerning the proposed Rules to the Atomic Energy Control Board before April 1, 1999. All such representations must be addressed to Ross Brown, Manager, New Act Implementation Group, Atomic Energy Control Board, P.O. Box 1046, Postal Station B, Ottawa, Ontario K1P 5S9, (613) 995-5086 (Facsimile), reg@atomcon. gc.ca (Electronic mail), and cite the Canada Gazette, Part I, and the date of publication of this notice.

February 3, 1999

AGNES J. BISHOP, M.D.
President
Atomic Energy Control Board

CANADIAN NUCLEAR SAFETY COMMISSION RULES OF PROCEDURE

INTERPRETATION

1. (1) The definitions in this rule apply in these Rules.

"Act" means the Nuclear Safety and Control Act. (Loi)

"intervenor" means a person who is allowed to intervene in a proceeding under rule 19. (intervenant)

"participant" means a party or intervenor. (participant)

"party" means

(a) in relation to a licence application, the applicant;

(b) in relation to a licence renewal, suspension, amendment, revocation or replacement, the licensee;

(c) in relation to a matter that is being heard by the Commission in the public interest under subsection 40(3) or paragraph 40(5)(b) of the Act, any person whom the Commission names as party in the proceeding;

(d) in relation to the review by the Commission of an order of an inspector or a designated officer, a person who is named in or subject to the order;

(e) in relation to an appeal made to the Commission under subsection 43(1) of the Act, the appellant;

(f) in relation to a rehearing and redetermination under subsection 43(2) of the Act, any of the persons referred to in that subsection; and

(g) in relation to a redetermination on the Commission's own initiative under subsection 43(3) of the Act, any of the persons referred to in subsection 43(2) of the Act. (partie)

"Secretary" means the Secretary of the Commission. (secrétaire)

(2) For greater certainty, "document" includes information stored by electronic means.

PART 1

GENERAL

Application

2. This Part applies in respect of the following proceedings:

(a) an opportunity to be heard provided by a designated officer under subsection 39(1) of the Act;

(b) an opportunity to be heard provided by the Commission under subsection 40(1) of the Act;

(c) proceedings conducted by the Commission on its own initiative under subsection 40(3) of the Act;

(d) a public hearing in relation to a licensing matter that is held by the Commission under paragraph 40(5)(a) of the Act;

(e) a public hearing in relation to any matter within the Commission's jurisdiction that is held by the Commission under paragraph 40(5)(b) of the Act;

(f) an appeal made to the Commission pursuant to subsection 43(1) of the Act;

(g) a rehearing under subsection 43(2) of the Act;

(h) a redetermination by the Commission under subsection 43(3) of the Act; and

(i) a public hearing conducted by the Commission under section 46 of the Act.

Varying Rules

3. (1) The Commission or, where applicable, a designated officer may vary or supplement any of these Rules, in order to ensure that a proceeding be dealt with as informally and expeditiously as the circumstances and the considerations of fairness permit.

(2) Any procedural matter that arises in the course of a proceeding that is not provided for in these Rules shall be dealt with by the Commission or, where applicable, a designated officer as informally and expeditiously as the circumstances and the considerations of fairness permit.

Defect in Form or Procedure

4. No proceeding or any part of it is invalid by reason only of a defect in form or failure to follow a procedure that is set out in these Rules.

Waiver of Rules

5. (1) Any participant may waive any procedural right that is granted to them under these Rules.

(2) In the absence of proof to the contrary, where any participant fails to take advantage of a procedural right granted by these Rules, they are considered to have waived that right.

Time Limits

6. Where these Rules indicate that a time limit is to be specified in an order of the Commission or a designated officer, or a notice of the Commission, the time limit specified shall provide for as informal and expeditious a proceeding as the circumstances and the considerations of fairness permit.

Transmitting Documents

7. (1) Unless otherwise provided by these Rules, any giving, sending, notifying, serving or filing that is required or permitted under these Rules may be done.

(a) by hand, ordinary mail, registered mail or courier;

(b) by facsimile, if the recipient is able to receive the information in that manner; or

(c) by any other method that is agreed to by the recipient.

(2) A document that is given by facsimile must include the following information:

(a) the name, address and telephone and facsimile numbers of the sender;

(b) the date and time of the transmission;

(c) the total number of pages transmitted;

(d) the name, address and telephone and facsimile numbers of the recipient; and

(e) the name, address and telephone and facsimile numbers of a person to contact if transmission problems occur.

Filing

8. (1) Subject to subrule (2), a document that is required to be filed under these Rules shall be filed at the office of the Secretary.

(2) During a proceeding, a document may be filed with the presiding member of the Commission or the designated officer who is hearing the matter.

(3) In the absence of proof to the contrary, the date of filing is the date on which the document is received by the Commission or designated officer, as indicated

(a) by the date stamped on the document by an employee of the Commission, in the case of a document that is filed in accordance with paragraph 7(1)(a); and

(b) by the date that appears on the covering page of the facsimile as processed by the receiving facsimile machine of the Commission, in the case of a document that is filed by facsimile.

Service

9. (1) Where a document is required under these Rules to be served personally, the service shall be made

(a) on an individual, by leaving a copy of the document with the individual or the individual's authorized representative or with a person who agrees to accept service and is apparently over the age of 18 years;

(b) in the case of a partnership or other non-incorporated association of persons, by leaving a copy of the document with a person whom the partnership or association has designated to the Commission as its representative for the matter in question, or, if there is no such person, with a person who agrees to accept service and is apparently over the age of 18 years; and

(c) on a corporation, by leaving a copy of the document with an officer, director or agent of the corporation, any employee of the corporation who is at the place of business of the corporation and who is responsible for the management of the place of business, or any other person who agrees to accept service and is apparently over the age of 18 years.

(2) A document that is served by ordinary or registered mail shall be served at the address where mail is ordinarily received, as found on the most recent document filed with the Commission.

(3) The date of service of a document is

(a) where the document is served personally, the date of delivery;

(b) where the document is served by ordinary mail, the date that is 10 days after mailing unless there is information that shows that the date is other than 10 days after mailing, in which case the date of service is that date shown; and

(c) where the document is served by electronic transmission, the date of receipt that appears on the facsimile or electronic version of the document as processed by the recipient's facsimile or computer.

(4) Where these Rules require a document to be served, the Commission or designated officer, as the case may be, may, in the interests of a fair and expeditious consideration of the subject-matter, require proof of service to be filed with the Commission or designated officer.

(5) Proof of service of any document may be made by showing

(a) an acknowledgment of service signed by or on behalf of the person served; or

(b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service.

Notice

10. Information that is not given in accordance with these Rules is considered to have been properly given where it is shown that the information or its substance came, within the required time limit, to the attention of the person to whom it was to be given.

Official Languages

11. (1) Subject to subrule (2), all documents given to the Commission or a designated officer must be in at least one official language.

(2) A person may give a document in a language other than an official language if, at the same time, the person gives a translation of the document in at least one official language, and an affidavit of the translator attesting to the accuracy of the translation.

(3) Where the original of a document referred to in subsection (2) is required to be served, the translation and affidavit must also be served, and at the same time as the service of the original document.

Confidentiality

12. (1) In any proceeding, the Commission or a designated officer, as the case may be, may take measures set out in subrule (2) to ensure that information is protected if

(a) the information involves national or nuclear security;

(b) the information is of a financial, commercial, scientific, technical, personal or other nature that is treated consistently as confidential by any person who objects to its public disclosure; or

(c) there is a serious possibility that disclosure of the information will endanger the life, liberty or security of a person.

(2) The measures that the Commission or designated officer may take include requiring that

(a) the proceeding or part of the proceeding take place in private, to the exclusion of members of the public, other than the parties and their counsel or agent;

(b) the publication of information given to the Commission or designated officer be restricted or prohibited; and

(c) the disclosure of information given or received by the Commission or designated officer be prohibited or restricted to some or all of the parties and intervenors, or their counsel or agent, if any.

Summonses

13. (1) In the case of a public hearing that is conducted by the Commission, a participant may request the Commission to issue a summons by submitting a request in writing before the start of the hearing or an oral request at the hearing, but in any case as soon as the circumstances giving rise to the request become known to the participant.

(2) The request for a summons shall set out

(a) the reasons for the summons;

(b) how any information, record or thing to be produced by the person to be summoned is relevant to the matter; and

(c) why the person to be summoned is the appropriate person to produce the information, record or thing.

(3) A summons shall be served personally at least five days before the day on which the person is required to attend the public hearing.

(4) A person who has been summoned to a public hearing shall attend at the time and day specified and every day of the hearing, unless the Commission directs that the person must only attend on certain days, or that the presence of the person is no longer required.

(5) Where a public hearing is adjourned and the day for its reconvening is not disclosed at the time of the adjournment, the person who requested the summons, or, where the Commission issues the summons on its own initiative, the Commission must notify the person who is under summons of the date of the reconvening

(a) at least five days before the person summoned is to re-attend; or

(b) where the Commission has given less than five days notice of the reconvening, within such notice period as is fair and reasonable in the circumstances.

Adjournments

14. The Commission or a designated officer, as the case may be, on the request of a participant or on their own initiative, may adjourn a proceeding, on such terms and conditions as are necessary in the interests of a fair and expeditious consideration of the matter.

Record

15. The Commission shall keep a record of the following in respect of every proceeding:

(a) any request, documentary evidence or other material filed with the Commission or a designated officer;

(b) any waiver referred to in rule 5;

(c) any decision of the Commission or a designated officer;

(d) any transcript or other account of the proceeding that is made by the Commission or a designated officer; and

(e) any other relevant information that the Commission or a designated officer directs to be placed on the record.

PART 2

PUBLIC HEARINGS

Application

16. This Part applies in respect of a public hearing that the Commission holds

(a) under paragraph 40(5)(a) of the Act, in relation to an application for the issuance, renewal, suspension, amendment, revocation or replacement of a licence; and

(b) under paragraph 40(5)(b) of the Act, in relation to any other matter within the Commission's jurisdiction.

Notice of Public Hearing

17. (1) The Commission shall give notice of a public hearing to the parties at least 60 days before the start of the hearing.

(2) The Commission shall also give a notice to the public at least 60 days before the start of the hearing in any manner that the Commission considers will most likely result in the notice coming to the attention of persons interested in the matter being considered.

(3) The notice shall include

(a) a description of the matter being heard;

(b) the date, time and place of the public hearing;

(c) the requirement that parties who intend to participate in the hearing must so notify the Commission in accordance with rule 18;

(d) the manner in which persons may request to intervene, as set out in rule 19; and

(e) the names and addresses of persons to whom copies of any information and submissions filed or to be filed with the Commission, for consideration at the hearing, must be sent.

Participation

18. A party who intends to appear at a public hearing shall file with the Commission, at least 30 days before the start of the hearing, a notice that includes

(a) a statement of the party's intention to appear and, where the party will be represented by counsel or an agent, the name, address and telephone and facsimile numbers of the counsel or agent; and

(b) a copy of the documentary information and submission that the party will present to the Commission at the hearing.

Intervention

19. (1) A person may make a request to the Commission to intervene at a public hearing if the person

(a) has an interest in the matter being heard; or

(b) has expertise in the matter or information that may be useful to the Commission in coming to a decision.

(2) The request to intervene must be filed with the Commission at least 15 days before the start of the public hearing.

(3) The request to intervene shall include

(a) the name, address and telephone and facsimile numbers of the requester;

(b) where the requester intends to be represented by counsel or an agent, the name, address and telephone and facsimile numbers of the counsel or agent;

(c) a description of how the requester meets at least one of the conditions for intervening set out in subrule (1);

(d) a copy of the information and submission that the requester wishes to be considered by the Commission; and

(e) a statement setting out the manner in which the requester wishes to intervene and, if the requester proposes to intervene other than by way of written submission, the proposed day of intervention.

(4) The Commission shall notify the parties of any requests to intervene that it proposes to accept at least 10 days before the start of the public hearing.

(5) A party who opposes a request to intervene may request the Commission to make a ruling on the matter in accordance with rule 20.

Requests for Rulings

20. (1) At any time before the start of a public hearing, a party may file a request with the Commission for a ruling on a particular issue by setting out the issue and the reasons for the ruling that is sought.

(2) At the same time that a request for a ruling is filed with the Commission, the party making the request must serve a copy of it

(a) on the other participants, if any; and

(b) where the party is opposing a request to intervene, on the person requesting permission to intervene.

(3) At any time during the public hearing, a participant may make an oral request to the Commission for a ruling on a particular issue by explaining the issue and the reasons for the ruling that is sought.

(4) The Commission shall give its decision in relation to the request for a ruling after the Commission has provided the parties an opportunity to present their views on the request.

Presentation of Information and Submissions

21. (1) During a public hearing, the Commission shall permit each participant to present information and submissions on the subject-matter orally or in writing and may permit other participants to question the participant, in any manner and sequence that will enable the Commission to determine the matter before it in a fair, informal and expeditious manner.

(2) A participant who makes an oral presentation must first file a written version of it pursuant to paragraph 18(b) or 19(3)(d).

Decision

22. The Commission shall give notice of its decision in respect of the matter that has been the subject of a public hearing by sending a copy of the decision to the participants.

PART 3

OPPORTUNITY TO BE HEARD BY COMMISSION

Application

23. This Part applies in respect of an opportunity to be heard that is given by the Commission under subsection 40(1) of the Act, where Part 2 does not apply.

Notice

24. (1) The Commission shall notify each party of their opportunity to be heard.

(2) The notice shall

(a) set out the subject-matter of the opportunity to be heard;

(b) set out the time limits for filing submissions and information with the Commission; and

(c) set out the name and address of any person to whom copies of any information and submissions must be sent, and the time limits for sending them.

(3) The Commission shall conduct the opportunity to be heard orally, by written submissions or in any other manner that will enable the Commission to determine the questions before it in a fair, informal and expeditious manner.

Decision of Commission

25. The Commission shall give notice of its decision in respect of the matter that has been the subject of an opportunity to be heard by sending a copy of the decision to the parties and any other persons who participated in the proceeding.

PART 4

OPPORTUNITY TO BE HEARD BY DESIGNATED OFFICER — LICENSING MATTERS

Application

26. This Part applies in respect of an opportunity to be heard referred to in subsection 39(1) of the Act that is given by a designated officer

(a) before refusing to issue a licence under paragraph 37(2)(c) of the Act; and

(b) before renewing, suspending, amending, revoking or replacing a licence, or refusing to renew, suspend, amend, revoke or replace a licence under paragraph 37(2)(d) of the Act.

Notice

27. (1) The designated officer shall notify each party of their opportunity to be heard in respect of a licensing matter referred to in rule 26.

(2) The notice shall set out

(a) the subject-matter of the opportunity to be heard;

(b) the time limits for filing submissions and information with the designated officer; and

(c) the name and address of any person to whom copies of any information and submissions must be sent, and the time limits for sending them.

(3) The designated officer shall conduct the opportunity to be heard orally, by written submissions or in any other manner that will enable the designated officer to determine the questions before him or her in a fair, informal and expeditious manner.

Decision of Designated Officer

28. The designated officer shall give notice of the decision in respect of the matter that has been heard under rules 26 and 27 by sending a copy of the decision to the parties and any other persons who participated in the proceeding.

PART 5

LICENCE APPEAL OR REDETERMINATION

Application

29. Rule 30 applies in respect of the following licensing matters that may be the subject of an appeal or rehearing and redetermination by the Commission under subsection 43(1) or (2) of the Act, as the case may be:

(a) a refusal of a designated officer to issue, renew, suspend, amend, revoke or replace a licence;

(b) a term or condition of a licence issued by a designated officer;

(c) a renewal, suspension, amendment, revocation or replacement, by a designated officer, of a licence;

(d) a decision of the Commission not to issue a licence;

(e) a decision of the Commission not to renew, suspend, amend, revoke or replace a licence;

(f) any term or condition of a licence issued, renewed, suspended or amended by the Commission; and

(g) a suspension, amendment, revocation or replacement, by the Commission, of a licence.

Notice of Appeal or Redetermination

30. (1) An appeal or an application for a rehearing and redetermination may be made by sending to the Commission a notice that includes

(a) a reference to the paragraph of subsection 43(1) or (2) of the Act under which the appeal or application is being made;

(b) a reference to the licence that is the subject of the appeal or application;

(c) the grounds for the appeal or application, including, in the case of an appeal, a statement of how the appellant is directly affected by the decision being appealed;

(d) a statement of the action that the appellant or applicant submits that the Commission should take under subsection 43(4) of the Act;

(e) a statement indicating whether or not the appellant or applicant intends to present new evidence;

(f) a description of the manner in which the appellant or applicant proposes to participate in the proceeding;

(g) the name, address and telephone and facsimile numbers of the appellant or applicant; and

(h) a statement indicating whether the appellant or applicant intends to be represented by counsel or an agent and, if so, the name, address and telephone and facsimile numbers of the counsel or agent.

(2) After receiving a notice of appeal or rehearing and redetermination, the Commission shall determine whether its consideration will be by way of public hearing under paragraph 40(5)(b) of the Act or written submissions or by another manner that will enable the Commission to determine the matter before it in a fair, informal and expeditious manner.

(3) After determining the manner in which the appeal or rehearing and redetermination will be considered, the Commission shall send the appellant or applicant and any other participant a notice that includes

(a) the manner in which the appeal or rehearing and redetermination will be considered and a description of the manner in which the appellant or applicant and any other participant may present information, evidence and submissions to the Commission;

(b) the date, place and time limits for giving or presenting information and submissions and requesting information; and

(c) the names and addresses of the persons to whom copies of the information and submissions must be sent.

Redetermination on Commission's Own Initiative

31. (1) This rule and rule 32 apply in respect of a redetermination by the Commission, on its own initiative, of any decision or order or term or condition of a licence, under subsection 43(3) of the Act.

(2) Where the Commission proposes to make a redetermination referred to in subrule (1), the Commission shall send a notice of redetermination to those persons who were participants in the matter being redetermined.

(3) The notice of redetermination shall include the following information:

(a) the basis for the proposed redetermination;

(b) a statement of the powers that the Commission might exercise under subsection 43(4) of the Act;

(c) a statement of whether the Commission intends to redetermine the matter by way of public hearing or written submissions or by another manner that will enable the Commission to determine the matter before it in a fair, informal and expeditious manner;

(d) a description of the manner in which a party and any other person participating may present information, evidence and submissions to the Commission;

(e) the date, place and time limits for giving or presenting information and submissions; and

(f) the names and addresses of the persons to whom copies of the information and submissions must be sent.

Decision

32. The Commission shall give notice of its decision in respect of the matter that has been the subject of an appeal or rehearing and redetermination by sending a copy of the decision to the participants.

PART 6

ORDERS OF INSPECTORS AND DESIGNATED OFFICERS

Making of Orders

33. (1) Before making an order under section 35 or paragraph 37(2)(f) of the Act, an inspector or a designated officer, as the case may be, shall inform, either orally or in writing, the person to whom the order is given of its nature and the basis for it, as well as any proposed time limit for compliance.

(2) The inspector or designated officer shall give the order referred to in subrule (1) in writing.

Proceedings to Confirm, Amend, Revoke or Replace an Order

34. (1) As soon as practicable and, in any event, not later than 10 days after an inspector or a designated officer, as the case may be, gives an order under subrule 33(2), the inspector or designated officer shall refer it to the Commission for confirmation, amendment, revocation or replacement in accordance with subsection 35(3) or 37(6) of the Act, as the case may be.

(2) Where the Commission acts under subsection 35(3) of the Act or a designated officer is authorized by the Commission to act under paragraph 37(2)(g) of the Act, the Commission or designated officer, as the case may be, shall notify the persons named in or subject to the order of

(a) their opportunity to be heard under paragraph 39(1)(c) or 40(1)(c) or (d) of the Act, as the case may be; and

(b) the requirement that those persons who intend to present information and submissions in respect of the order so notify the Commission or designated officer within 10 days after receipt of the notice.

(3) As soon as practicable after receiving a notice referred to in paragraph (2)(b), the Commission or designated officer shall notify the person giving the notice

(a) of the manner in which and time when the person may be heard; and

(b) whether information and submissions are required to be filed with the Commission or designated officer and sent to other parties and, if so, the time limits for filing and sending and the names and addresses of the other parties.

(4) A decision by the Commission or designated officer, as the case may be, to confirm, amend, revoke or replace an order shall be in writing and must be sent, within 10 days after being made, to the persons who are named in or subject to the decision, and to any other persons who participated in the review.

Appeal or Redetermination of an Order

35. (1) This rule and rule 36 apply in respect of

(a) an appeal, under subsection 43(1) of the Act, of a confirmation, amendment, revocation or replacement, by a designated officer, of an order of an inspector; and

(b) a rehearing and redetermination, by the Commission,

(2) An appeal or an application for a redetermination referred to in subrule (1) may be made by sending to the Commission a notice that includes the following information:

(a) a reference to the paragraph of subsection 43(1) or (2) of the Act under which the appeal or application is being made;

(b) a reference to the order that is the subject of the appeal or application;

(c) the grounds for the appeal or application, including, in the case of an appeal, a statement showing how the appellant is directly affected by the order being appealed;

(d) a statement of the action that the appellant or applicant submits the Commission should take under subsection 43(4) of the Act;

(e) a statement indicating whether or not the appellant or applicant wishes to present new evidence;

(f) a description of the manner in which the appellant or applicant proposes to participate in the proceeding;

(g) the name, address and telephone and facsimile numbers of the appellant or applicant; and

(h) a statement indicating whether the appellant or applicant intends to be represented by counsel or an agent and, if so, the name, address and telephone and facsimile numbers of the counsel or agent.

(3) After receiving the information referred to in subrule (2), the Commission shall decide whether the appeal or redetermination will be by way of public hearing under paragraph 40(5)(b) of the Act written submissions or by another manner that will enable the Commission to determine the matter before it in a fair, informal and expeditious manner.

(4) After determining the manner in which the appeal or redetermination will be considered, the Commission shall send to the appellant or applicant and to those persons who were participants in the proceeding related to the order being appealed or redetermined, a notice that includes

(a) a description of the manner in which the redetermination will be considered and a description of the manner in which the appellant or applicant and any other participant may present information, evidence and submissions to the Commission;

(b) the date, place and time limits for giving or presenting information and submissions; and

(c) the names and addresses of the persons to whom copies of the information and submissions must be sent.

Decision

36. The Commission shall give notice of its decision in respect of the matter that has been the subject of appeal or rehearing and redetermination by sending a copy of the decision to the parties and to any other persons who participated in the proceeding.

PART 7

HEARING FOR CONTAMINATED PLACES

Notice of Public Hearing

37. (1) Where the Commission proposes, under subsection 46(1) of the Act, to conduct a public hearing in respect of contamination by a radioactive nuclear substance at any place, the Commission shall send a notice of public hearing, at least 60 days before the beginning of the hearing, to

(a) the owner and the occupant of the place; and

(b) any person who has a right to, or interest in, the place, where the right or interest is set out in the registry of the land registry office or other office where title to the land in which the place is located is recorded.

(2) The Commission shall also give a notice to the public at least 60 days before the start of the public hearing in any manner that the Commission considers will most likely result in the notice coming to the attention of persons interested in the matter being considered.

(3) The notice shall include, where applicable, the following information:

(a) the Commission's reasons for believing that there is contamination in excess of the prescribed limit by a radioactive nuclear substance at the place;

(b) the date, time and place of the public hearing;

(c) the requirement that persons referred to in paragraph (1)(a) or (b) who intend to participate in the hearing must so notify the Commission in accordance with rule 18;

(d) the manner in which persons may request to intervene, as set out in rule 19;

(e) the actions the Commission may take, following the hearing, under subsections 46(2) and (3) of the Act; and

(f) the names and addresses of persons to whom copies of any information and submissions filed or to be filed with the Commission, for consideration at the hearing, must be sent.

Determination

38. (1) The Commission shall send a written notice of its determination to the persons referred to in subrule 37(1) in respect of the matter that was the subject of the public hearing.

(2) Where the Commission determines that there is contamination in excess of the prescribed limit, the notice shall include

(a) a description and the amount of the contamination that is present at the place;

(b) a statement that a notice of contamination will be filed in accordance with subsection 46(2) of the Act; and

(c) where the Commission intends to issue an order to reduce the level of contamination in accordance with subsection 46(3) of the Act, a statement to that effect, or, where an order has already been issued, a copy of the order.

Notice of Contamination

39. A notice of contamination referred to in subsection 46(2) of the Act shall include a description of the place that is the subject of the notice and a description of the contamination that is present at the place.

Notice of Order

40. An order in relation to the contamination of a place that is made by the Commission under subsection 46(3) of the Act shall be sent to those persons to whom a notice of contamination was sent and shall include the following information:

(a) a description of the place that is the subject of the order and of the contamination that is present at that place;

(b) a description of the particular prescribed measures that are required to be taken to reduce the level of contamination; and

(c) any time limit for complying with the order.

PART 8

HEARING WHERE PLACE NO LONGER CONTAMINATED

Notice of Public Hearing

41. (1) Where the Commission intends, pursuant to subsection 46(4) of the Act, to conduct a public hearing to determine whether contamination by a radioactive nuclear substance at any place is no longer present, the Commission shall send a notice of public hearing, at least 30 days before the beginning of the hearing, to persons to whom a notice of public hearing was sent under subrule 37(1) and to any other person to whom that subrule applies.

(2) The notice shall include, where applicable, the following information:

(a) the Commission's reasons for believing that there no longer is contamination in excess of the prescribed limit by a radioactive nuclear substance at the place;

(b) the time limits for filing information and submissions with the Commission;

(c) the date, time and place of the public hearing;

(d) the action the Commission may take, following the hearing, pursuant to subsection 46(5) of the Act; and

(e) the names and addresses of persons to whom copies of any information and submissions filed or to be filed with the Commission, for consideration at the hearing, must be sent.

Determination

42. (1) The Commission shall send a notice of its determination in respect of a matter that was the subject of the public hearing to the persons referred to in subrule 41(1) within 30 days after making the determination.

(2) The notice shall include, where the Commission determines that there no longer is contamination in excess of the prescribed limit, a description and the amount of the contamination, if any, that is still present at the place.

PART 9

NOTICE OF EMERGENCY ORDER

43. A notice of an emergency order given under subsection 47(2) of the Act shall be sent in accordance with rule 7 to every person named in or subject to it, and shall include

(a) a copy of the order; and

(b) any time limit for complying with the order.

PART 10

COURT ORDERS

Publication of Facts

44. Where a court, pursuant to paragraph 60(1)(c) of the Act, orders an offender to publish the facts relating to a conviction, the offender shall publish them in two editions of any newspaper specified in the order, at an interval of not less than one week and not more than two months between publications.

Notifying Affected Persons

45. Where a court, pursuant to paragraph 60(1)(d) of the Act, orders an offender to notify any person who is affected by the offender's conduct of the facts relating to a conviction, the offender shall give notice to the person in accordance with rule 44 or by one of the methods referred to in rule 7, as ordered by the court.

COMING INTO FORCE

46. These Rules come into force on the day on which they are registered.

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