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RSNL1990 CHAPTER R-1

RADIATION HEALTH AND SAFETY ACT

Amended:

1997 c13 s61

CHAPTER R-1

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

Analysis



Short title

        1. This Act may be cited as the Radiation Health and Safety Act.

1977 c90 s1

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Definitions

        2. In this Act

             (a)  "assistant deputy minister" means 1 of the assistant deputy ministers appointed under the Department of Employment and Labour Relations Act to administer the Occupational Health and Safety Act;

             (b)  "committee" means the Radiation Health and Safety Advisory Committee appointed under section 11;

             (c)  "inspector" means an inspector appointed in the manner authorized by law for the purpose of this Act;

             (d)  "maximum permissible dose of radiation" means maximum permissible dose of radiation as defined by the regulations;

             (e)  "medical inspector" means a qualified medical practitioner appointed by the minister for the purpose of this Act;

              (f)  "minister" means the member of the Executive Council charged by the Lieutenant-Governor in Council with the administration of this Act;

             (g)  "owner" means a person or group of persons, whether incorporated or not, in control of the possession and use of a radiation installation or of radiation equipment, or both;

             (h)  "radiation equipment" means a device capable of emitting radiation but does not include

                      (i)  a radioactive substance that is licensable under the Atomic Energy Control Act ( Canada ),

                     (ii)  equipment operated under 15 kilovolts and not designed principally to produce useful radiation,

                    (iii)  equipment in storage, in transit or not being used, or equipment operated in such a manner that it cannot produce radiation, or

                    (iv)  equipment in some mode of operation producing x-rays or other radiation capable of inducing radioactivity in matter on which the x-rays or the other radiation fall;

              (i)  "radiation health" means the science and art of protecting persons from injury by radiation;

              (j)  "radiation installation" means the premises or part of the premises in which radiation equipment is manufactured, repaired, used, or tested;

             (k)  "radiation worker" means a person whose occupation requires him or her to be exposed to radiation emitted by radiation equipment; and

              (l)  "safety measures" means measures designed for the purposes of safety in connection with the operation and use of the electrical and mechanical components of radiation equipment and associated apparatus.

1977 c90 s2; 1978 c23 s66; 1982 c39 s5; 1984 c40 Sch B; 1989 c25 Sch B

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Crown bound

        3. This Act binds the Crown.

1979 c46 s7

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Staff

        4. For the purpose of this Act there shall be 1 or more medical inspectors, inspectors and those other officers, clerks and employees that are necessary for the proper function of this Act who shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ technical and those other assistants that the minister considers necessary and fix the remuneration of and prescribe the expenses that may be incurred by those assistants in carrying out their official duties.

1977 c90 s3; 1978 c23 s66

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Owner to register

        5. (1) A person who becomes an owner of a radiation installation or radiation equipment shall, within 30 days after that person becomes an owner, register with the assistant deputy minister in the form prescribed by the minister.

             (2)  During the month of September in each year an owner shall register with the assistant deputy minister, in the form prescribed by the minister, a radiation installation and radiation equipment under the control of the owner.

             (3)  Where an owner registered under this Act or the regulations stops being the owner of a radiation installation or radiation equipment, the owner shall, within 30 days, notify the assistant deputy minister of that fact.

1977 c90 s4; 1982 c39 s5; 1997 c13 s61

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Responsibility of owner

        6. (1) The owner of radiation equipment shall, where directed by the minister,

             (a)  install radiation equipment in accordance with standards of safety prescribed by the regulations;

             (b)  modify radiation equipment or the manner in which it is used for the purpose of reducing the maximum permissible dose of radiation or an unnecessary level of the maximum permissible dose of radiation receivable by radiation workers, patients or other persons;

             (c)  post radiation warning signs or install warning devices in accordance with the regulations;

             (d)  provide radiation workers with personal or survey dosemeters as prescribed by the regulations;

             (e)  provide safety training for radiation workers as prescribed by the regulations; and

              (f)  discontinue the use of radiation equipment, until changes have been made with the radiation equipment or the radiation equipment's manner of operation.

             (2)  Directions given by the minister to the owner of radiation equipment under subsection (1) shall be in writing and shall specify the period of time within which modifications or changes may take place.

1977 c90 s5

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Inspections

        7. An owner of a radiation installation or radiation equipment shall, for the purpose of this Act,

             (a)  permit a person authorized by the minister to

                      (i)  enter, at a reasonable time, the radiation installation or the place where the radiation equipment is used, and

                     (ii)  make those technical tests that that person may require in order to establish the condition of the installation or equipment;

             (b)  provide the information that the inspector may request, concerning

                      (i)  the extent and manner of use of the radiation installation or radiation equipment,

                     (ii)  the qualifications and training of the radiation workers,

                    (iii)  the protective procedures that have been established, and

                    (iv)  an incident involving the overexposure of a person;

             (c)  permit a person authorized by the minister to interview radiation workers and facilitate his or her review of medical examination records concerning those workers; and

             (d)  report an incident leading to the exposure or suspected exposure of a person, other than a patient undergoing examination, to radiation in excess of the maximum permissible dose of radiation.

1977 c90 s6

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Medical examination of radiation workers

        8. (1) The owner of radiation equipment shall, when required by an inspector on the advice of a medical inspector, arrange for the medical examination of radiation workers employed by the owner.

             (2)  The examination required under subsection (1) shall be prescribed by a medical inspector and shall include those special tests that the medical inspector may consider necessary or that may be prescribed by the regulations.

             (3)  The report of the examination shall be submitted to the medical inspector within a reasonable time after the examination.

1977 c90 s7

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Approval for installation of radiation equipment

        9. (1) A person shall not install radiation equipment in a place that is intended as a permanent radiation equipment location and the owner of the premises shall not permit the installation unless the prior approval of the minister has been obtained.

             (2)  After the owner has obtained the approval referred to in subsection (1), the owner shall not

             (a)  install radiation equipment of a type different from that for which the space was approved; or

             (b)  install additional radiation equipment in the space other than was allowed for in the approval,

unless the owner has sought and obtained approval from the minister for it.

             (3)  Where the assistant deputy minister so requests, the owner of radiation equipment shall submit to the assistant deputy minister the drawings and information prescribed by the regulations with respect to the space in which the radiation equipment is located.

1977 c90 s8; 1982 c39 s5

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Owner to protect worker

     10. (1) The owner of radiation equipment shall organize the use of radiation equipment so that

             (a)  a radiation worker is unlikely to be exposed to doses in excess of the maximum permissible dose of radiation;

             (b)  a person who is not a radiation worker is unlikely to be exposed to doses in excess of the maximum permissible dose of radiation; and

             (c)  a patient undergoing an application of therapeutic or diagnostic x-rays does not receive an unnecessary high dose of radiation to the other regions of his or her body.

             (2)  Where, in the course of application of x-rays to patients, it is not feasible for a radiation worker to be limited to the exposure as prescribed by paragraph (1)(a), the owner shall take reasonable steps, including those prescribed by the assistant deputy minister, to minimize the exposure of those persons.

             (3)  Where the owner of radiation equipment employs a radiation worker,

             (a)  who is also an "atomic energy worker" as defined in the Atomic Energy Control Regulations ( Canada ); and

             (b)  whose total exposure for this reason may be due to x-rays and to other radiations of 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 is unlikely to exceed the limits specified in the Atomic Energy Control Regulations ( Canada ).

1977 c90 s9; 1982 c39 s5

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Appointment of committee

     11. (1) The minister shall appoint a committee to be known as the Radiation Health and Safety Advisory Committee, consisting of

             (a)  a diagnostic radiologist;

             (b)  a therapeutic radiologist;

             (c)  a qualified medical practitioner who is a specialist in pathology or internal medicine with training in haematology;

             (d)  a physicist experienced in radiation physics;

             (e)  a qualified dentist;

              (f)  a qualified radiological technologist; and

             (g)  1 or more persons selected by the minister.

             (2)  The minister may designate 1 of the members appointed to the committee to act as the chairperson of the committee.

             (3)  The minister may designate a medical person appointed to the committee to act as a medical inspector.

             (4)  The medical persons appointed to the committee under subsection (1) shall be appointed for a term of 2 years and are eligible for reappointment on the expiry of their terms of appointment.

             (5)  Five members of the committee constitute a quorum.

             (6)  The members of the committee other than the inspector and other persons who are employed by the province in a full-time capacity shall be paid the remuneration for their services and allowances for their expenses necessarily incurred in the performance of their duties that may be approved in the manner authorized by law.

1977 c90 s10

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Duties of committee

     12. The committee shall

             (a)  advise the minister with respect to radiation health generally and safety measures and codes of recommended practice to be issued by the minister to an owner and other persons in the province who may be exposed to radiation concerning radiation health, safety measures and the operation and use of radiation equipment and the use of radioactive substances;

             (b)  promote an educational program among owners, radiation workers and other persons who may be exposed to radiation respecting radiation dangers and the protection, in accordance with the practices recommended by the committee, of the health of owners, radiation workers and other persons who may be exposed to radiation;

             (c)  give general direction and professional advice to inspectors appointed under section 4 including the direction and advice with respect to the standards to be observed by the inspectors in making recommendations respecting plans for establishing radiation installations and the acquisition, operation and use of radiation equipment and associated apparatus and the use of radioactive substances;

             (d)  advise the minister respecting the minimum age at which a person may be employed as a radiation worker in a particular occupation;

             (e)  advise the minister respecting the conditions under which a female person of reproductive age and capable of becoming pregnant may be employed as a radiation worker;

              (f)  upon the request of the minister, advise the minister with respect to non-ionizing radiation emitting devices;

             (g)  review the professional qualifications and experience of persons who may apply for appointment as an inspector under section 4 and make recommendations to the minister respecting those persons;

             (h)  where considered advisable, request the minister to provide financial and other help that the minister may consider reasonable in the circumstances to enable a radiation worker who has been exposed to ionizing radiation in excess of the maximum permissible dose of radiation to undergo 1 or more medical examinations; and

              (i)  deal with those other matters relating to radiation health and safety that the minister may refer to it.

1977 c90 s11

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Regulations

     13. Subject to the approval of the Lieutenant-Governor in Council, the minister may, after consultation with the committee, make regulations

             (a)  [Rep. by 1997 c13 s61]

             (b)  with respect to the location, construction, installation, maintenance, modification and use of radiation equipment;

             (c)  with respect to radiation equipment that was installed before April 3, 1981 ;

             (d)  prescribing the nature and frequency of inspection to be made of radiation installations;

             (e)  [Rep. by 1997 c13 s61]

              (f)  prohibiting or restricting the use of a type or class of radiation equipment, either generally or for particular purposes;

             (g)  exempting a type or class of radiation equipment from the application of this Act or the regulations;

             (h)  exempting an owner from the application of this Act or the regulations and prescribing the conditions on which the application may be granted;

              (i)  establishing for the purposes of this Act the maximum permissible dose of radiation to which a person or class of persons can be exposed;

              (j)  respecting the issue of certificates of registration and certificates of inspection, including the conditions under which they may be granted, suspended, revoked or transferred;

             (k)  prescribing the type or class of radiation warning signs and warning devices;

              (l)  prescribing the nature and frequency of safety training for radiation workers;

            (m)  designating the persons by whom fees are to be paid;

             (n)  respecting the minimum age at which a person may be employed as a radiation worker in a particular occupation;

             (o)  prescribing the conditions under which a female person of reproductive age and capable of becoming pregnant may be employed as a radiation worker;

             (p)  prescribing the standards to be maintained for safety purposes in connection with the operation and use of the electrical and mechanical components of radiation equipment and associated apparatus;

             (q)  prescribing the inspections to be made and other measures to be taken in connection with the operation and use of the electrical and mechanical components of radiation equipment and associated apparatus;

              (r)  respecting the qualifications of persons who control the possession or use of a radiation installation or of radiation equipment;

             (s)  respecting the qualifications of persons whose occupation requires them to be in contact with or exposed to a radiation installation or radiation equipment;

              (t)  respecting the medical examination of radiation workers;

             (u)  respecting non-ionizing radiation emitting devices; and

             (v)  respecting other matters that may be necessary for carrying out the intent of this Act, including the adoption of all or part of a safety code, standard, order or regulation.

1977 c90 s12; 1997 c13 s61

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Fees and forms

   13.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

1997 c13 s61

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Appeal

     14. A person affected by a decision of an inspector, a medical inspector or the assistant deputy minister may appeal to the minister.

1977 c90 s13; 1982 c39 s5

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Prohibition

     15. A person shall not operate or maintain a shoe-fitting device or shoe-fitting machine that uses fluoroscopic, x-ray or radiation principles.

1977 c90 s14

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Offence and penalty

     16. (1) A person who contravenes this Act or the regulations is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000, and in default of payment to imprisonment for a term not exceeding 1 year or to both a fine and imprisonment.

             (2)  Where an offence is committed on more than 1 day, it shall be considered to be a separate offence for each day on which the offence is committed or continued.

1977 c90 s15