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SNL2021 CHAPTER R-1.01 RADIATION HEALTH AND SAFETY ACT, 2021 CHAPTER R-1.01 AN ACT RESPECTING THE PROTECTION OF THE HEALTH OF PERSONS EXPOSED TO RADIATION AND RESPECTING THE SAFETY OF PERSONS IN CONNECTION WITH THE OPERATION AND USE OF THE ELECTRICAL AND MECHANICAL COMPONENTS OF RADIATION PRODUCING EQUIPMENT AND ASSOCIATED APPARATUS (Assented to November 4, 2021)
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title
1.
This Act may be cited as the Radiation Health and Safety Act, 2021. Definitions 2. In this Act (a) "assistant deputy minister" means the assistant deputy minister responsible for the Occupational Health and Safety Division of the department; (b) "department" means the department presided over by the minister; (c) "director" means the director responsible for the Occupational Health and Safety Division of the department; (d) "former Act" means the Radiation Health and Safety Act ; (e) "inspector" means an individual or class of individuals designated in section 15; (f) "maximum permissible dose of radiation" means the maximum permissible dose of radiation prescribed in the regulations; (g) "minister" means the minister appointed under the Executive Council Act to administer this Act; (h) "Occupational Health and Safety Council" means the Occupational Health and Safety Council appointed under the Occupational Health and Safety Act ; (i) "officer" means an occupational health and safety officer appointed under the Occupational Health and Safety Act ;
(j)
"owner" means a person or group of persons, whether incorporated or not, in control of the possession and operation of radiation equipment; (k) "radiation equipment" means equipment capable of emitting ionizing radiation but does not include (i) equipment that may be licensed under the Nuclear Safety and Control Act (Canada), (ii) equipment operated under 5 kilovolts and not designed principally to produce useful ionizing radiation, or (iii) equipment in storage, in transit or operated in a manner that cannot produce radiation; (l) "radiation facility" means a premises or part of a premises in which radiation equipment is manufactured, repaired, operated, controlled or tested; and
(m)
"radiation worker" means an individual who, in the course of that individual's work or training, may be exposed to ionizing radiation
. Crown bound 3. This Act binds the Crown. Labrador Inuit rights 4. This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act. Registration required 5. A person shall not operate or cause to be operated radiation equipment unless the radiation equipment is registered in accordance with this Act. Application for registration 6. (1) A person shall, within 30 days after becoming an owner, apply to the director to register the radiation equipment. (2) An application for registration under subsection (1) shall include (a) a completed application in the form set by the minister; (b) a radiation protection survey report prepared in accordance with the regulations; and (c) any additional information that may be required by the director. Registration 7. (1) Where the director is satisfied that the requirements in subsection 6(2) have been met, the director shall (a) register the radiation equipment; and (b) issue to the owner (i) a certificate of registration which shall be displayed in accordance with the regulations, and (ii) a decal displaying an Occupational Health and Safety identification number which shall be affixed to the radiation equipment. (2) The director may impose terms and conditions on a registration at the time of issuance of the certificate of registration or at a later date. (3) A registration expires on September 30 each year unless (a) another date is stated on the certificate of registration; or (b) the registration is revoked on an earlier date. (4) The director may suspend or revoke a registration in accordance with the regulations. Renewal of registration
8.
(1) An owner shall apply to the director to renew a registration before the expiry date of the registration. (2) An application under subsection (1) shall include (a) a completed application in the form set by the minister; (b) a personal radiation monitoring report acceptable to the director; and (c) any additional information that may be required by the director. (3) Where the director is satisfied that the requirements in subsection (2) have been met, the director shall (a) renew the registration; and (b) issue to the owner a decal displaying the expiry date of the registration which shall be affixed to the certificate of registration. Owner to notify director 9. Where an owner becomes aware that information provided to the director under this Act is no longer accurate, the owner shall immediately notify the director in writing. Requirements on ceasing ownership 10. (1) An owner shall, within 30 days of ceasing to be an owner, (a) notify the director of the details of the change in ownership of the radiation equipment; and (b) return the certificate of registration. (2) Upon receiving a notification and certificate under subsection (1), the director shall cancel the registration. Responsibility of owner 11. (1) An owner shall (a) install, maintain, modify, operate and dispose of radiation equipment in accordance with (i) the manufacturer's specifications, (ii) this Act and the regulations, (iii) the Occupational Health and Safety Act and the Occupational Health and Safety Regulations ,
(iv)
the codes or other standards of safety adopted or prescribed in the regulations, and (v) the terms and conditions imposed on a certificate of registration; (b) ensure that radiation equipment is operated and maintained in a manner so that exposure of any individual to ionizing radiation is kept (i) as low as is reasonably achievable, and (ii) below the maximum permissible dose of radiation; (c) conduct radiation protection surveys on radiation facilities and radiation equipment in accordance with the regulations; (d) modify radiation equipment or aspects of its installation, maintenance or operation (i) in accordance with an order issued under this Act, or (ii) to resolve issues of non-compliance with this Act or the regulations identified as a result of a radiation protection survey; (e) post radiation warning signs or install warning devices in accordance with the regulations;
(f)
provide radiation workers with personal radiation monitoring devices in accordance with the regulations; (g) provide safety training for radiation workers in accordance with the regulations; (h) monitor exposure and maintain records of exposure to ionizing radiation for radiation workers in accordance with the regulations; (i) discontinue the use of radiation equipment that fails to comply with this Act and regulations, until required changes have been made to the radiation equipment or the manner of operation of the radiation equipment; (j) notify the director of (i) an incident leading to the exposure or suspected exposure of an individual to ionizing radiation in excess of the maximum permissible dose of radiation, (ii) any exposure of an individual to a level of ionizing radiation in excess of the intended dose of ionizing radiation, and (iii) any unintended exposure of an individual to ionizing radiation; and (k) maintain and keep records in accordance with the regulations. (2) Subparagraphs (1)(b)(ii) and (1)(j)(i) do not apply to an individual undergoing therapeutic or diagnostic x-rays. Implementation of safety measures and procedures 12. (1) An owner shall implement physical and administrative measures and operational procedures to ensure that (a) exposure of a radiation worker or other individual to ionizing radiation is kept (i) as low as is reasonably achievable, and (ii) below the maximum permissible dose of radiation; and (b) an individual undergoing therapeutic or diagnostic x-rays does not receive an unnecessarily high dose of ionizing radiation to other regions of the individual's body. (2) Subparagraph (1)(a)(ii) does not apply to an individual undergoing therapeutic or diagnostic x-rays. (3) An owner shall, in accordance with the regulations, develop and implement practices and procedures respecting radiation workers who are or may become pregnant. (4) Notwithstanding subparagraphs (1)(a)(ii) and 11(1)(b)(ii), where, in the operation of an x-ray machine it is not feasible for a radiation worker to be limited to the level of exposure referred to in those subparagraphs, the owner shall take reasonable steps, including those directed by an inspector, to minimize the exposure of a radiation worker. (5) Where an owner employs a radiation worker, (a) who is also a "nuclear energy worker" as defined in the Nuclear Safety and Control Act (Canada); and (b) whose total exposure for this reason may be due to x-rays and other forms of radiation that have a similar effect on the human body, the owner shall restrict the part of the radiation worker's exposure that is due to x-rays so that the radiation worker's combined dose does not exceed the limits specified in the Radiation Protection Regulations (Canada). Requirements for use of radiation equipment 13. Radiation equipment shall only be used where (a) the use of the radiation equipment is authorized by an individual or class of individuals prescribed in the regulations; and (b) the radiation equipment is operated by an individual or class of individuals prescribed in the regulations. Deviation from regulations 14. (1) The director may, upon receipt of a written application from an owner, authorize a deviation from a provision of the regulations where, in the opinion of the director, (a) exceptional circumstances exist making strict compliance with the regulations impractical; and (b) the deviation provides protection that is equal to or greater than the protection provided in the regulations from which the deviation is requested. (2) The director may impose terms and conditions on an authorization under subsection (1). (3) The director may, upon application or otherwise, confirm, vary, revoke or suspend an authorization under subsection (1) where information is produced that, had it been known at the time of the application, would have resulted in a different decision. Inspectors 15. (1) The minister may designate individuals or classes of individuals to act as inspectors for the purpose of this Act and the regulations.
(2)
The director and officers are designated as inspectors for the purpose of this Act and the regulations. (3) A person shall not interfere with, obstruct, attempt to obstruct or fail to cooperate with, an inspector in the exercise of the inspector's powers, duties or functions under this Act or the regulations. (4) A person shall not knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is exercising powers, duties or functions under this Act or the regulations. Powers of inspectors 16. (1) An inspector may, at all reasonable times, for purposes related to the administration or enforcement of this Act or the regulations, inspect or examine a premises, equipment, processes, or books and records of a person that the inspector may consider relevant for the purpose of determining compliance with this Act or the regulations, and the inspector may, without a warrant (a) enter any premises where (i) radiation equipment, property, books or records are or may be kept, and (ii) anything is done or is suspected to be done in connection with a requirement of this Act or the regulations; (b) conduct the technical tests that the inspector may require in order to establish the condition of the radiation facility or radiation equipment or where determined necessary by the inspector require an owner to arrange for the technical tests to be conducted by a person with the required technical expertise, as determined by the inspector; (c) make copies, extracts, photographs, or videos the inspector considers necessary; (d) require the owner or person in charge of a premises to give the inspector all reasonable assistance, including the production of books and records as requested by the inspector, and to answer all questions relating to the administration or enforcement of this Act or the regulations and, for that purpose, require the owner or person in charge to attend at the premises with the inspector; (e) require the owner or person in charge to make available the means to generate and manipulate books and records that are in machine readable or electronic form and any other means or information necessary for the inspector to assess the books and records; (f) require the owner or person in charge to provide the information that the inspector may request, concerning (i) the extent and manner of use of the radiation facility or radiation equipment, (ii) the protective procedures that have been established, and (iii) an incident involving the overexposure of an individual; and (g) interview radiation workers. (2) Notwithstanding subsection (1), an inspector shall not enter a dwelling-house without the consent of the occupant except under the authority of a warrant issued under section 18 or 19. Order of inspector 17. (1) Where an inspector finds that a person is not in compliance with a provision of this Act or the regulations, the inspector may order that person to comply with the provision and may require the order to be carried out immediately or within the period of time that the inspector specifies. (2) An order under subsection (1) may include a direction that the radiation equipment not be operated until the person complies with the order. Contravention of Act suspected 18. (1) Where during the course of an inspection under section 16 or otherwise an inspector believes on reasonable grounds that there has been a contravention of this Act or the regulations, the inspector may, with a warrant issued under subsection (2) or section 19, seize and take away equipment, books or records that may be required as evidence of a contravention and may retain the equipment, books or records until the time they are required in a court proceeding. (2) A Provincial Court judge who is satisfied upon oath or affirmation that there are reasonable grounds for believing that there is in or on a premises anything that may provide evidence with respect to a suspected offence under this Act or the regulations, may issue a warrant authorizing an inspector to enter the premises and to (a) search; (b) examine the contents of the premises and make those inquiries that the inspector considers necessary; and (c) copy, extract, photograph, video, seize and take away evidence, books and records, for the purpose of investigating the suspected offence. (3) The owner or person in charge of a premises referred to in this section or a person at the premises shall not obstruct an inspector in the carrying out of the inspector's duties under this section as authorized by the warrant. Telewarrant 19. (1) Where, in the opinion of an inspector it would not be practical to appear before a Provincial Court judge to apply for a warrant, the inspector may make the application by telephone or other means of telecommunication. (2) Where an inspector acts under the authority of a warrant obtained under this section, the inspector shall provide a facsimile of the warrant to the owner or person in charge of a premises present at the time the warrant is carried out. (3) In subsection (2), "facsimile" includes a record produced by electronic means or a written record of a telephone conversation made by both parties to the conversation while it is in progress and which the parties have confirmed as to its accuracy by reading their record of the conversation to one another at the end of the conversation. Protection from liability 20. The assistant deputy minister, director or an inspector shall not be liable for anything done or omitted to be done in good faith in the exercise or performance of a power, duty or function conferred or imposed on them under this Act or the regulations. Appeal 21. (1) A person may appeal a decision or order of the director or an inspector to the assistant deputy minister within 7 days of receipt of the decision or order. (2) An appeal under subsection (1) shall be in writing. (3) The assistant deputy minister shall begin a review of the decision within 24 hours of its receipt. (4) The assistant deputy minister may confirm, revoke or vary the decision or order of the director or inspector. Appeal to Supreme Court 22. A person may appeal a decision of the assistant deputy minister under section 21 to the Supreme Court of Newfoundland and Labrador on a question of law or jurisdiction within 30 days of receipt of the decision. Occupational Health and Safety Council 23. The minister may refer matters relating to the administration and enforcement of this Act and the regulations to the Occupational Health and Safety Council for advice and recommendations. Radiation Health and Safety Advisory Committee 24. (1) The minister may, in accordance with the regulations, establish a Radiation Health and Safety Advisory Committee to provide advice and recommendations on matters that are, in the opinion of the minister, outside the expertise of the Occupational Health and Safety Council. (2) Where the minister establishes a Radiation Health and Safety Advisory Committee in accordance with subsection (1), the minister shall, by regulation, prescribe the terms of reference, the composition, the terms of office and the duties of the Radiation Health and Safety Advisory Committee. Lieutenant-Governor in Council regulations 25. (1) The Lieutenant-Governor in Council may make regulations (a) prescribing the maximum permissible dose of radiation to which an individual or class of individuals can be exposed; (b) respecting the preparation of radiation protection survey reports; (c) respecting how certificates of registration are required to be displayed; (d) respecting the conditions under which a registration may be suspended or revoked; (e) respecting the installation, maintenance, modification, operation and disposal of radiation equipment; (f) respecting radiation protection surveys to be conducted on radiation facilities and radiation equipment; (g) respecting the posting of radiation warning signs and installation of warning devices; (h) respecting the provision of personal radiation monitoring devices to radiation workers; (i) prescribing the nature and frequency of safety training for radiation workers; (j) respecting the monitoring of exposure of radiation workers to ionizing radiation; (k) respecting records of exposure of radiation workers to ionizing radiation; (l) respecting the maintenance and retention of records; (m) prescribing the practices and procedures to be implemented respecting radiation workers who are or may become pregnant; (n) prescribing the individuals or classes of individuals who can authorize the use of radiation equipment; (o) prescribing the individuals or classes of individuals who can operate radiation equipment; (p) defining a word or expression used but not defined in this Act; and (q) generally to give effect to the purpose of this Act. (2) The Lieutenant-Governor in Council may in addition to or instead of regulations made under subsection (1) adopt by reference and constitute as regulations the whole or part of provisions of a code adopted or standards fixed with or without modification, and including amendments to the code or standard of an organization acceptable to the Lieutenant-Governor in Council. (3) A certificate of the minister that a document is a copy of a code or standard referred to in subsection (2) or an extract from, a modification of, or an amendment to, a code or standard is without further proof presumptive evidence of the content of that code or standard, or extract or modification. Ministerial regulations 26. The minister may make regulations (a) respecting the establishment of a Radiation Health and Safety Advisory Committee; and (b) respecting the terms of reference, the composition, the terms of office, the duties and other matters relating to the Radiation Health and Safety Advisory Committee. Fees and forms
27.
The minister may set fees and establish forms for the purpose and administration of this Act and the regulations. Offences and penalties 28. (1) A person is guilty of an offence who (a) contravenes this Act or the regulations; or (b) fails to comply with an order made under this Act or the regulations. (2) Where an individual is convicted of an offence under subsection (1), the individual is liable to a fine of not less than $500 and not more than $250,000 or to a term of imprisonment not exceeding 12 months or to both a fine and imprisonment. (3) Where a corporation is convicted of an offence under subsection (1), the corporation is liable to a fine of not less than $2,000 and not more than $250,000. (4) In addition to a fine imposed under subsection (2) or (3) the court may impose a fine not exceeding $25,000 for each day during which the offence continues. Transitional 29. (1) Where a person submitted an application for registration of radiation equipment under the former Act and the certificate of registration has not been issued or refused on the coming into force of this Act, it shall be considered to be an application under this Act. (2) On the coming into force of this Act, a certificate of registration issued under the former Act shall continue to be valid as though it were issued under this Act. (3) Where an appeal was started under the former Act but not concluded before the coming into force of this Act, the appeal shall be concluded under the former Act as if the former Act were still in force. (4) A decision or order under the former Act shall continue in force and shall be considered to be a decision or order under this Act. RSNL1990 cC-2 Amdt.
30.
Subparagraph 201.1(1)(m)(vii) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act
is repealed and the following substituted: (vii) Radiation Health and Safety Act, 2021 , and CNLR 1101/96 Amdt.
31.
Subsection 8(1) of the Chiropractors Regulations
is amended by deleting the reference "Radiation Health and Safety Act
" and substituting the reference "Radiation Health and Safety Act, 2021
". RSNL1990 cO-3 Amdt. 32. Section 17 of the Occupational Health and Safety Act is amended by renumbering the section as subsection 17(1) and adding immediately after that subsection the following: (2) The council may advise the minister responsible for the Radiation Health and Safety Act, 2021 on the administration and enforcement of the Radiation Health and Safety Act, 2021 and the regulations under that Act. RSNL1990 cR-1 Rep.
33.
The Radiation Health and Safety Act
is repealed. Commencement
34.
This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. ©Queen's Printer |