First

Session, 49th General Assembly

Elizabeth II, 2020

BILL 23

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

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SARAH

STOODLEY

Minister of Digital

Government and Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Radiation Health and Safety Act, 2020 and

repeal the Radiation Health and Safety

Act .

This Bill would amend the law

respecting health and safety in the operation of radiation equipment.

A BILL

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

Definitions

Crown bound

Labrador Inuit rights

Registration required

Application for registration

Registration

Renewal of registration

Owner to notify director

Requirements on ceasing ownership

Responsibility of owner

Implementation of safety measures and

procedures

Requirements for use of radiation

equipment

Deviation from regulations

Inspectors

Powers of inspectors

Order of inspector

Contravention of Act suspected

Telewarrant

Protection from liability

Appeal

Appeal to Supreme Court

Occupational Health and Safety Council

Radiation Health and Safety Advisory

Committee

Lieutenant-Governor in Council

regulations

Ministerial regulations

Fees and forms

Offences and penalties

Transitional

RSNL1990 cC-2 Amdt.

CNLR 1101/96 Amdt.

RSNL1990 cO-3 Amdt.

RSNL1990 cR-1 Rep.

Commencement

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, 2020.

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

(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

(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.

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

(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

(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

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

(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

(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.

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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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, 2020 , 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, 2020 ".

RSNL1990 cO-3

Amdt.

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, 2020 on the administration and enforcement of the Radiation Health and Safety Act, 2020

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