Bill 8 — Third Session, 20Th Legislature, 34 Elizabeth Ii the Legislative Assembly of Alberta Bills Radiation Protection Act (Legislature 20, Session 3)

L20 S3 3346

Alberta — Bills

1985 BILL 8 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILLS RADIATION PROTECTION ACT MR. R. MOORE First Reading Second Reading Committee of the Whole Third Reading Royal Assent >li14.fl*W .ft . .IMTAJ^^*

Bill 8 Mr. R. Moore BILL 8 1985 RADIATION PROTECTION ACT (Assented to , 1985) TABLE OF CONTENTS

Definitions 1 Application 2 Crown bound 3 Delegation 4 General obligation 5 Informing workers 6 Competent radiation workers 7 Code of practice 8 Maintenance of radiation equipment 9 Registration certificates 10 Prohibited radiation equipment 11 Radiation exposure limits 12 Notice of incidents and overexposures 13 Quality assurance program 14 Inspections 15 Remedial action 16 Appeal 17 Regulations 18 Offences 19 Radiation Health Advisory Committee 20 Duties of Committee 21 Consequential 22 Repeal 23 Commencement 24 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "Director" means the Director of Radiation Health ap pointed under the Public Service Act; (b) "employer" means an employer as defined under the Occu pational Health and Safety Act; (c) "injury" includes cellular or genetic damage; (d) "ionizing radiation" means electromagnetic energy, atomic particles or nuclear particles that are capable of ionizing atoms;

(e) "maximum exposure limit" means the maximum exposure limit prescribed in the regulations; (f) "Minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the admin- istration of this Act; (g) "non-ionizing radiation" means electromagnetic energy that is not capable of ionizing atoms, but that may cause photochem ical, heating or other effects; (h) "operator" means a worker who uses or controls the use of any radiation source or radiation equipment; (i) "overexposure" means exposure of a person, other than a patient undergoing medical examination or treatment, to radia tion in excess of the maximum exposure limit of that form of radiation; (j) "owner" includes, with respect to a radiation facihty, radia tion equipment or a radiation source, a person who leases the radiation facility, radiation equipment or radiation source or a person who acts as an agent for the owner, (k) "radiation" means ionizing or non-ionizing radiation and in cludes ultrasound; (1) "radiation equipment" means equipment or machinery asso ciated with the use or operation of a radiation source, and in cludes the radiation source itself and any structure used to sup port or shield the equipment, machinery or radiation source; (m) "radiation facility" means any premises or part of premises in which radiation equipment or a radiation source is installed but does not include a nuclear facihty that is subject to the Atomic Energy Control Act (Canada); (n) "radiation health officer" means a person appointed under the Public Service Act as a radiation health officer and includes the Director and a radiation medical officer, (o) "radiation medical officer" means a person appointed under the Public Service Act as a radiation medical officer,, (p) "radiation source" means a device or substance that emits radiation, but does not include a device, substance or other thing prescribed under the Atomic Energy Control Act (Canada); (q) "ultrasound" means mechanical energy having frequencies above 20 kilohertz; (r) "worker" means a worker as defined under the Occupational Health and Safety Act.

Application 2(1) This Act and the regulations do not apply to the storage, dis posal or transportation of radiation sources governed by the follow ing statutes: (

a) Atomic Energy Control Act (Canada); (

b) Clean Air Act;

(

c) Clean Water Act; (

d) Hazardous Chemicals Act; (

e) Transportation of Dangerous Goods Act (Canada); (

f) Transportation of Dangerous Goods Control Act.

(2) If there is a conflict between this Act and the Occupational Health and Safety Act, the Occupational Health and Safety Act prevails. crovm bound 3 The Crown is bound by this Act. Delegation General obligation Informing workers Competent radiation workers 4 The Minister may, in writing, authorize any employee of the Gov ernment under his administration to exercise any powers, duties and functions conferred or imposed on the Minister by this Act or the regulations. 5(1) Every person owning, installing, supplying, operating or servic ing a radiation facility, radiation equipment or radiation source shall take all reasonable precautions to protect persons fi*om radiation in jury.

(2) Every worker employed in connection with a radiation facility or a business or undertaking involving the use of radiation shall (

a) take all reasonable precautions to ensure his own safety and the safety of his fellow workers, and (

b) use the protective devices and equipment and wear the pro tective clothing provided by his employer. 6(1) Every employer shall ensure that workers employed by him who are likely to be exposed to radiation are informed of the potential hazards of the radiation and the precautions to be taken to protect the workers and other persons from those hazards.

(2) In complying with subsection (1), the employer shall ensure that the following have been brought to the attention of each worker (

a) the worker's responsibilities and duties under this Act and the regulations; (

b) the type of radiation source with which the worker will be working; (

c) radiation protection principles and maximum exposure limits of radiation appropriate to the type of radiation with which the worker will be working; (

d) the uses and Umitations of the radiation facility, radiation equipment and radiation sources the worker will use; (

e) known or suspected health hazards associated with the form of radiation emitted by the radiation source. 7(1) In this section, (a) "competent", in relation to a worker, means adequately qual ified, suitably trained and sufficiently experienced to perform safely the assigned task without supervision or with only a minimal degree of supervision;

(b) "direct supervision" means a relationship between a compe tent worker and a worker who is not competent whereby (

i) there is personal and continual visual supervision by the competent worker of the worker who is not competent, and (ii) the 2 workers are able to communicate effectively with each other.

(2) Where a task is to be done that will involve the installation, maintenance, repair, testing, use or operation of radiation equipment, the employer shall ensure that the task is done by a competent worker or by a worker who performs the task under the direct supervision of a competent worker.

(3) No worker who is not competent, other than one who is under the direct supervision of a competent worker, shall do a task referred to in subsection (2). Code of practice 8(1) In this scction, "code of practice" means a document prepared by an owner or employer to provide information to workers and other persons concerning the safe operation of radiation faciUties, radiation equipment or radiation sources, including the following: (

a) practical guidance on the requirements of this Act or the reg ulations; (

b) safe working and operating procedures; (

c) actions to be taken in emergency situations; (

d) other matters required by the regulations or the Director.

(2) When he is required to do so by the regulations or the Director, an owner or employer shall (

a) estabUsh a code of practice, (

b) ensure that the code of practice is readily available to workers and other persons, and (

c) supply a copy of the code of practice to the Director for re view.

(3) When required to do so by the Director, an owner or employer shall revise the code of practice estabhshed under subsection (2). Maintenance of radiation equipment 9(1) Every owner shall ensure that radiation equipment (

a) is maintained in a condition that will not endanger the health or safety of persons operating or affected by the operation of the equipment, and (

b) will perform the function for which it is intended and was designed.

(2) If an operator has radiation equipment under his control that does not comply with subsection (1), he shall forthwith cease oper- atmg the radiation equipment and mform his employer of the reason for his ceasing to operate the equipment.

Registration 10(1) In this SCCtioU, certificates (a) "designated radiation equipment" means radiation equip ment designated in the regulations as requiring a registration cer tificate; (b) "registration certificate" means a certificate issued by the Di rector in accordance with the regulations.

(2) No person shall install or operate designated radiation equipment unless a registration certificate has been issued by the Director for that equipment in accordance with the regulations.

(3) A registration certificate may be made subject to any restrictions that the Director considers appropriate for the protection of workers and other persons.

(4) Unless he first notifies the Director, a person who has obtained a registration certificate in accordance with this

section shall not (

a) install or operate radiation equipment different from the equipment designated on the certificate, (

b) install or operate radiation equipment additional to the equipment designated on the certificate, unless a registration cer tificate has been issued to him in respect of that additional equip ment, or (

c) modify the characteristics of the radiation emitted from the equipment that was the subject of the certificate or the protective properties of the facility in which the equipment is located. (5) Subsection (4)(

c) does not apply when the radiation equipment or the facihty is undergoing routine maintenance.

(6) When the Director is notified under subsection (4), he may issue a new registration certificate for the different, additional or modified radiation equipment referred to in that subsection.

(7) A radiation health officer may suspend a registration certificate for up to 72 hours, if he is of the opinion that (

a) the conditions under which the registration certificate was issued have changed, (

b) the restrictions referred to in subsection (3) have not been complied with, (

c) the operation of the radiation equipment designated on the certificate constitutes or may constitute a hazard to persons, or (

d) a provision of this Act or the regulations relating to the in stallation, use, operation, maintenance or repair of radiation equipment has been contravened.

(8) The Director may cancel a registration certificate for any of the reasons referred to in subsection (7).

(9) A certificate of registration or a certificate of inspection issued under the Radiation Protection Act (RSA 1980 cR-2) shall be deemed to be a registration certificate under this section, unless the certificate

Prohibited radiation equipment Radiation exposure limits Notice of incidents and overexposures of registration or inspection has expired or the conditions under which it was originally issued have changed. 11(1) No person shall use or operate radiation equipment if its use or operation is prohibited in the regulations or by order of the Min- ister.

(2) The Regulations Act does not apply to a Ministerial Order under subsection (1). 12(1) The owner of radiation equipment that produces ionizing ra diation shall ensure that (

a) exposure of persons to ionizing radiation is kept as low as is reasonably achievable, and (

b) notwithstanding clause (a), the exposure of persons to ioniz ing radiation does not exceed the maximum exposure Umit for ionizing radiation prescribed in the regulations.

(2) The owner of radiation equipment that produces non-ionizing radiation or ultrasound shall ensure that the exposure of persons to the non-ionizing radiation or ultrasound does not exceed the maxi mum exposure limit for non-ionizing radiation or ultrasound, as the case may be, prescribed in the regulations. 13(1) If an overexposure or an incident that has the potential of causing overexposure of a person occurs, the owner of the radiation source shall forthwith (

a) notify the Director as to the time, place and nature of the overexposure or incident, (

b) carry out an investigation into the circumstances surrounding the overexposure or incident, and (

c) prepare a report outlining the circumstances of the overex posure or incident and the corrective action, if any, undertaken to prevent a recurrence of the overexposure or incident.

(2) On appUcation by an employer, the Minister may waive all or any of the requirements of subsection (l)(

b) and (

c) if he is satisfied that an investigation by a radiation health officer wiU be carried out with respect to the overexposure or incident.

(3) The owner of the radiation source shaU ensure that a copy of the report prepared under subsection (l)(c), if any, is readily available for inspection by an officer. Quality assurance 14(1) In this scction, "diagnostic x-ray equipment" means x-ray program equipment used in a medical, dental, chiropractic or other health occupation for the purpose of making a diagnosis, but does not in clude x-ray equipment used exclusively for radiation therapy or for producing industrial or veterinary radiographs.

(2) The owner of diagnostic x-ray equipment shall establish and im plement a quaUty assurance program, including the implementation of (

a) procedures to ensure the production of optimum quality ra diographs with minimal exposure of the patient to radiation, and

(

b) a regular preventive maintenance program for the diagnostic x-ray equipment. Inspections 15(1) For the purposcs of this Act and subject to subsection (5), a radiation health officer may, at any reasonable hour, (

a) enter into any radiation facility or place where radiation equipment or a radiation source is located, (

b) inspect a radiation facility, radiation equipment or a radia tion source, (

c) require the production of any records, books, plans or other documents that relate to the radiation health or safety of workers and the public and examine them, make copies of them or re move them temporarily to make copies, (

d) inspect, seize or take samples of any material, product, ap pliance or equipment being produced or used or found in or on the radiation facility or place being inspected, (

e) make tests and take photographs in respect of any radiation facility, radiation equipment or radiation source, and (

f) interview and obtain statements from persons at the radiation facility or place.

(2) For the purposes of this Act and subject to subsection (5), a radiation medical officer or a person authorized in writing by a ra diation medical officer may at any reasonable hour require the pro duction of, or examine and make copies of, medical reports or rec ords or, unless the records are required for patient care, remove them temporarily to make copies.

(3) When a radiation health officer, a radiation medical officer or a person authorized by a radiation medical officer removes any rec ords, books, plans or other documents under subsection (l)(

c) or (2) he shaU (

a) give to the person from whom those documents were taken a receipt for them, and (

b) forthwith make copies of, take photographs of or otherwise record those documents and forthwith return them to the person to whom the receipt was given.

(4) When a radiation health officer seizes or takes samples of any material, product, appliance or equipment under subsection (l)(

d) he ShaU (

a) give a receipt to the person from whom those items were seized or taken, and (

b) on that person's request, return those items to that person when they have served the purposes for which they were seized or taken.

(5) If a person refuses to allow an officer or other person to exercise any powers under subsection (1) or (2) or interferes or attempts to interfere with the officer or other person in the exercise of those powers, the Director may apply to the Court of Queen's Bench by

way of originating notice for an order restraining that person from preventing or interfering in any manner with the officer exercising those powers.

(6) Notwithstanding subsections (1) to (5), (

a) records of the diagnostic and treatment services provided in respect of a patient may be examined or removed only if the examination or removal is required for the purposes of this Act and wiU not interfere with the care of the patient, and (

b) information obtained from the records referred to in clause (

a) shaU be treated as private and confidential information in respect of the patient and used solely for the purposes of this Act and shaU not be published, released or disclosed in any manner that would be detrimental to the personal interests, reputation or privacy of the patient or the patient's attending physician or any other person providing diagnostic or treatment services to the patient. Remedial action 16(1) If a radiation health officer considers that any condition con travenes this Act or the regulations, or is otherwise inconsistent with good operating practices relating to a radiation facility, radiation equipment or a radiation source, he may (

a) by a written directive bring the condition to the attention of the owner, who shall take any remedial action that may be pre scribed in the directive within the time specified in the directive, and (

b) if he believes that the condition involves the conduct of a worker who is registered under the Health Disciplines Act, report that conduct to the Registrar of Health DiscipUnes appointed under that Act if he believes that the conduct is unbecoming conduct, conduct that displays a lack of skiU or judgment in the practice of the discipline or conduct indicating that the worker is unfit to practise the discipUne.

(2) If the Minister is satisfied that a radiation facility, radiation equipment or a radiation source (

a) is in such a condition or at such a location that it cannot be used without risk of unnecessary exposure to radiation, (

b) is used in such a manner that it causes risk of unnecessary exposure to radiation, or (

c) is exposing persons to radiation beyond the maximum expo sure levels of radiation, he may by a written directive (

d) prohibit the use of the radiation facility, radiation equipment or radiation source, (

e) prohibit the use of the radiation faciUty, radiation equipment or radiation source until it is repaired or altered, or (

f) require the owner to take any action that may be prescribed m the directive for remedying the danger. 8

Appeal 17(1) A person may appeal the foUowing to the Radiation Health Advisory Committee appointed under

section 20: (

a) a refusal by the Director to issue a registration certificate under

section 10, (

b) the suspension or canceUation of a registration certificate under

section 10, or (

c) a directive under

section 16.

(2) An appeal shall be commenced by serving a notice of the appeal on the Director within 30 days from the date of the refusal, suspen sion, cancellation or directive.

(3) After considering the matter being appealed, the Radiation Health Advisory Committee may by order (

a) confirm the refusal, suspension or canceUation, (

b) order the Director to issue a registration certificate, (

c) confirm, revoke or vary the directive being appealed, (

d) reinstate the canceUed certificate, (

e) substitute a suspension for a canceUation, or (

f) remove or vary a suspension.

(4) Where an appeal is made to the Radiation Health Advisory Committee under subsection (2), the Committee shaU hear the appesd and render a decision as soon as practicable.

(5) An appeal lies to the Court of Queen's Bench from a decision of the Radiation Health Advisory Committee on a question of law or a question of jurisdiction and, on hearing the matter, the Court may make any order, including the awarding of costs, that the Court con siders proper.

(6) An appeal under subsection (5) shaU be made by way of origi nating notice within 30 days from the date that the order of the Radiation Health Advisory Committee is served on the person ap pealing.

(7) When an appeal is commenced under subsection (2), the com mencement of that appeal does not operate as a stay of the suspen sion, cancellation or directive being appealed except insofar as the chairman of the Radiation Health Advisory Committee may direct.

(8) When an appeal is commenced under subsection (5), the com mencement of that appeal does not operate as a stay of the suspen sion, cancellation or directive of the Radiation Health Advisory Committee being appealed except insofar as a judge of the Court of Queen's Bench may direct. Regulations 18 The Lieutenant Governor in Council may make regulations (

a) prescribing the maximum exposure Umits for ionizing radia tion, non-ionizing radiation or ultrasound;

(

b) classifying radiation, radiation faciUties, radiation equipment and radiation sources for the purposes of this Act and the regu lations; (

c) governing the installation and safe use of radiation facilities, radiation equipment or radiation sources; (

d) prohibiting or restricting the installation and the use of any class of radiation faciUty, radiation equipment or radiation source, either generaUy or for particular purposes; (

e) exempting any radiation facility, radiation equipment or ra diation source or any class of radiation facility, radiation equip ment or radiation source from the application of any or aU of the provisions of this Act or the regulations; (

f) governing codes of practice under

section 8; (

g) designating radiation equipment that requires a registration certificate under

section 10; (

h) governing the issue, suspension and canceUation of registra tion certificates imder

section 10; (

i) prescribing the nature and frequency of inspections or main tenance programs for radiation facilities or radiation equipment to be undertaken by the owner of the facility or equipment; (

j) requiring notification of the placement, instaUation, modifi cation or transfer of ownership of radiation facilities or radiation equipment; (

k) governing means of protecting persons from radiation injury;

G) adopting, in whole or in part, any health or safety code or standard respecting radiation faciUties, radiation equipment or radiation sources; (

m) requiring and governing medical examinations of workers or any class of workers; (

n) regulating the methods of disposal of radiation equipment. Offences 19(1) A pcrson who contravenes this Act or the regulations or fails to comply with a directive made under this Act or the regulations is guilty of an offence and liable (

a) for a first offence, (

i) to a fine of not more than $15 000 and, in the case of a continuing offence, to a further fine of not more than $1000 for each day or part of a day during which the offence contin ues after the first day, or (ii) imprisonment for a term not exceeding 6 months, or to both fines and imprisonment, and 10

(

b) for a 2nd or subsequent offence, (

i) to a fine of not more than $30 000 and, in the case of a continuing offence, to a further fine of not more than $2000 for each day or part of a day during which the offence contin ues after the first day, or (ii) to imprisonment for a term not exceeding 12 months, or to both fines and imprisonment.

(2) A prosecution under this Act may be commenced within 2 years of the date of the aUeged offence, but not thereafter. Radiation 20(1) There shaU be a committee known as the "Radiation Health c^mitte^'^**"^ Advisory Committee" consisting of not more than 12 members ap pointed by the Lieutenant Governor in Council, including (

a) the Director, and (

b) a radiation medical officer.

(2) The Minister shaU appoint a member of the Committee as chair man.

(3) In the absence of the chairman at a meeting of the Committee, the members present shaU appoint a member to act as chairman at the meeting.

(4) The members of the Committee, other than employees of the Government, shall be paid remuneration for their services and aUow- ances for their expenses necessarily incurred in the performance of their duties in an amount fixed by the Minister. Duties of Committee Consequential amendment to RSA1980cH-ll Repeal 21(1) The Radiation Health Advisory Committee shaU (

a) advise the Minister on matters concerning this Act or the regulations and radiation health generaUy, (

b) hear appeals in accordance with this Act, and (

c) deal with any other matters concerning radiation health that the Minister may refer to it.

(2) The Director is not eligible to sit as a member of the Radiation Health Advisory Committee when it is considering an appeal under

section 17. 22

Section 40(6) of the Hospitals Act is amended by adding the fol lowing after clause (d): (d. 1) the board of an approved hospital may disclose any records of diagnostic and treatment services provided in respect of a pa tient to a radiation medical officer or a person authorized in writing by a radiation medical officer under the Radiation Pro tection Act if the disclosure is in accordance with

section 15 of that Act and does not interfere with the care of the patient; 23 The Radiation Protection Act (RSA 1980 cR-2) and the Radiol ogical Technicians Act (RSA 1980 cR-3) are repealed. Commencement 24 This Act comes into force on Proclamation. 11 Title: 1985 (20th, 3rd) Bill 8, Radiation Protection Act

Document details

Collection	Alberta — Bills
Citation	L20 S3 3346
Type	bill
Volume / chapter	L20 S3 3346
Language	en
Format	json
Source	PROVINCIAL
Identifier	aeea68184bb93cf2b8db55c5f0996683c0e4f68b

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