Regulations Amending the Class II Nuclear Facilities and Prescribed Equipment Regulations (Miscellaneous Program): SOR/2022-15

Canada Gazette, Part II, Volume 156, Number 4

Registration
SOR/2022-15 February 3, 2022

NUCLEAR SAFETY AND CONTROL ACT

P.C. 2022-73 February 3, 2022

The Canadian Nuclear Safety Commission, pursuant to paragraphs 44(1)(k) and (l) footnote a of the Nuclear Safety and Control Act footnote b, makes the annexed Regulations Amending the Class II Nuclear Facilities and Prescribed Equipment Regulations (Miscellaneous Program).

Ottawa, July 5, 2021

Rumina Velshi
President of the Canadian Nuclear Safety Commission

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to paragraphs 44(1)(k) and (l)footnote a of the Nuclear Safety and Control Act footnote b, approves the annexed Regulations Amending the Class II Nuclear Facilities and Prescribed Equipment Regulations (Miscellaneous Program), made by the Canadian Nuclear Safety Commission.

Regulations Amending the Class II Nuclear Facilities and Prescribed Equipment Regulations (Miscellaneous Program)

Amendments

1 Section 15.02 of the English version of the Class II Nuclear Facilities and Prescribed Equipment Regulations footnote 1 is replaced by the following:

15.02 No person shall hold the position of radiation safety officer unless the person has been certified by the Commission or a designated officer authorized under paragraph 37(2)(b) of the Act.

2 Paragraph 15.04(1)(a) of the English version of the Regulations is replaced by the following:

Coming into Force

3 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In November 2016, a review by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) identified a number of minor inconsistencies between the French and English versions of the Class II Nuclear Facilities and Prescribed Equipment Regulations (the Regulations) and recommended that they be addressed.

Objective

The objective of the Regulations Amending the Class II Nuclear Facilities and Prescribed Equipment Regulations (Miscellaneous Program) [the amendments] is to align the French and English versions of the Regulations by correcting the discrepancies between the French and English versions of the Regulations that were identified by the SJCSR.

Description and rationale

The SJCSR is a parliamentary committee with members from both the Senate and the House of Commons. It reviews and scrutinizes government regulations and other statutory instruments on the basis of criteria relating to legality and procedure, rather than focusing on the substance of the regulations or on the policy behind them.

Following their review of the Regulations, the SJCSR noted that the French version of section 15.02 prohibits a person from holding the position of radiation safety officer unless certified by the Commission. Conversely, the English version is less clear in that regard, saying only that a person shall not be appointed to the position unless similarly certified. The amendments replace “appointed” with “hold” in the English version, aligning the wording with the French version.

The SJCSR also observed that the French version of paragraph 15.04(1)(a) requires a person to successfully complete a certification examination recognized by the Commission whereas the English version refers only to “an examination”. The amendments add the word “certification” in front of “examination” to read “a certification examination” so the English version matches the French version.

The amendments correct the discrepancies between the English version and the French version of section 15.02 and paragraph 15.04(1)(a), ensuring the two versions are aligned.

One-for-one rule and small business lens

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to business. Similarly, the small business lens does not apply, as there are no costs on small business.

Contact

Liane Sauer
Vice-President
Regulatory Affairs Branch
Canadian Nuclear Safety Commission
280 Slater Street
P.O. Box 1046, Station B
Ottawa, Ontario
K1P 5S9
Telephone: 613‑791‑6793
Email: liane.sauer@cnsc-ccsn.gc.ca