The Radiation Protection Act

S.M. 2015, c. 41

Bill 37, 4th Session, 40th Legislature

The Radiation Protection Act

PART 1
INTRODUCTORY PROVISIONS
1 Purpose
2 (1) Definitions
(2) Reference to "Act" includes regulations
3 (1) Equipment covered by Act
(2) Exception
4 Appointment of directors
PART 2
IONIZING RADIATION EQUIPMENT
REGISTRATION
5 (1) Registration of equipment required
(2) Exception for detecting equipment
6 Application
7 (1) Director to register equipment
(2) Affix registration sticker
(3) Prohibition — tampering
(4) Effect of registration
8 (1) Owner must notify director
(2) Director to cancel registration
LOCATION
9 (1) Prohibition — approval of location required
(2) Temporary location must be approved
(3) Exception for detecting or portable equipment
10 How to apply for approval
11 (1) Director may approve location for installation or operation
(2) Director may approve location for mobile equipment
(3) Director may refuse to approve location
(4) Director may refuse to approve location for mobile equipment
(5) Written notice
(6) Reasons for refusal to be provided
(7) Effect of approval
12 (1) Condition imposed on approval
(2) Conditions may be imposed by regulation and director
(3) Owner must comply with approval
13 (1) Prior approval of changes in equipment or to location
(2) Director may amend, refuse to amend or require new approval
(3) Reasons to be provided
Suspending, Cancelling or Changing the Approval
14 (1) Director may suspend, cancel or change approval
(2) Reinstatement
RECONSIDERATION AND APPEAL
15 (1) Reconsideration
(2) Form of request
(3) Immediate effect
(4) Stay of decision
(5) Decision on reconsideration
16 (1) Appeal
(2) Director is party to appeal
(3) Court decision
OPERATION
17 (1) Prohibition — operation contrary to Act
(2) Prohibition — operation of equipment believed to be unsafe
(3) Prohibition — creation of unsafe conditions
MAINTENANCE
18 (1) Maintaining ionizing radiation equipment
(2) Complying with standards
QUALITY ASSURANCE
19 (1) Quality assurance program
(2) Purpose of program
(3) Requirement
EMERGENCY USE OF IONIZING RADIATION EQUIPMENT
20 (1) Exception for emergency use
(2) Director must be notified
(3) More information may be required
(4) Application
LOW-EMISSION EQUIPMENT
21 (1) Installation or operation requirements imposed by regulation
(2) Maintenance requirements imposed by regulation
PART 3
APPLICATION OF AND EXPOSURE TO IONIZING RADIATION
22 (1) Prohibition — applying radiation to humans
(2) Prohibition — applying radiation to animals
23 Prohibition — requiring another person to apply radiation
24 (1) Limits of exposure to persons
(2) Limits of exposure to workers
25 (1) Dosimeters to be provided to workers
(2) Function of dosimeter
(3) Dosimeters to be worn by workers
(4) Maintaining dosimeters
26 (1) Owner must provide protective equipment
(2) Operator must provide protective equipment
(3) Function and examples
(4) Maintaining protective equipment
(5) Complying with standards
27 (1) Records and reports of radiation exposure — workers
(2) Records and reports to be made available to a worker
28 Records of radiation exposure — patients
29 (1) Overexposure to radiation — persons subject to maximum exposure limits
(2) Overexposure to radiation — patients and non-patient subjects
(3) Director to be promptly notified of overexposure
(4) Director or inspector may examine records
(5) Inspection of equipment
PART 4
COMPLIANCE AND ENFORCEMENT
INSPECTORS
30 (1) Appointment of inspectors
(2) Director has powers of inspector
INSPECTIONS
31 (1) General inspection powers
(2) Removing records to make copies
(3) Electronic records
(4) Inspector may be accompanied by others
(5) Assistance
(6) Authority to enter private dwelling
32 (1) Warrant for entry and inspection
(2) Application without notice
33 Identification to be shown
34 Obstruction
RADIATION SAFETY ORDERS
35 (1) Radiation safety order by inspector
(2) To whom an order may be directed
(3) Order requirements
(4) Examples of specified actions
(5) Order may contain terms and conditions
(6) Oral order
(7) Inspector must give copy of order
(8) Immediate effect
36 Compliance
37 (1) Review may be requested
(2) Written response
(3) Suspending the order
(4) Director's decision
(5) Director must give copy of decision
38 (1) Appeal
(2) Director is party to the appeal
(3) Decision of the court
39 (1) Court-ordered compliance
(2) Order
40 No operation in contravention of an order
INJUNCTION
41 (1) Injunction
(2) Application without notice
PART 5
INFORMATION SHARING
42 Definitions
43 (1) Minister and director
(2) Inspectors
(3) Owners of ionizing radiation equipment
(4) Director or inspector may disclose to health professional
(5) Health professional may disclose to director or inspector
(6) Limit on disclosure of information
PART 6
GENERAL AND OTHER MATTERS
44 Forms
45 (1) Conflict with workplace safety and health legislation
(2) Act does not affect other laws
46 (1) Health professionals permitted to apply radiation
(2) Regulations
47 Crown bound
48 Copies as evidence
49 Protection from liability
PART 7
OFFENCES AND PENALTIES
50 False or misleading statements
51 (1) Offences
(2) Liability of corporate officers and directors
(3) Separate offence for each day
52 Time limit for prosecution
53 Penalties
54 Additional order to comply
PART 8
REGULATIONS
55 (1) Regulations
(2) Application of regulations
(3) Adopting codes, standards and other regulations
(4) Changes
PART 9
TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENT
TRANSITIONAL PROVISIONS
56 "Former regulation" defined
57 Registration of X-ray equipment continued
58 Approval of permanent location continued
59 Grace period applies for registration or approval
CONSEQUENTIAL AMENDMENT
60 Consequential amendment, Manitoba Regulation 16/95
PART 10
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
61 Manitoba Regulation 341/88 R repealed
62 C.C.S.M. reference
63 Coming into force