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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 | |