Nuclear Security Regulations (SOR/2000-209)

Regulations are current to 2019-08-28 and last amended on 2015-06-12. Previous Versions

PART 1Security of Certain Nuclear Material and Nuclear Facilities

Application

[SOR/2006-191, s. 3]

 This Part applies in respect of

  • (a) Category I, II and III nuclear material; and

  • (b) a nuclear power plant.

  • SOR/2006-191, s. 4

Licence Applications

Licence in Respect of Category I or II Nuclear Material or a Nuclear Facility

 An application for a licence in respect of Category I or II nuclear material, other than a licence to transport, and an application for a licence in respect of a nuclear facility referred to in paragraph 2(b) shall contain the following information in addition to the information required by section 3 of the Nuclear Substances and Radiation Devices Regulations or sections 3 to 8 of the Class I Nuclear Facilities Regulations, as applicable:

  • (a) a copy of the arrangements referred to in section 35;

  • (b) the site plan referred to in section 16;

  • (c) a description of the proposed security equipment, systems and procedures;

  • (d) a description of the proposed on-site and off-site communications equipment, systems and procedures;

  • (e) a description of the proposed structure and organization of the nuclear security officer service, including the duties, responsibilities and training of nuclear security officers;

  • (f) the proposed plan and procedures to assess and respond to breaches of security; and

  • (g) the current threat and risk assessment.

  • SOR/2006-191, ss. 5, 39

Licence in Respect of Category III Nuclear Material

 An application for a licence in respect of Category III nuclear material, other than a licence to transport, shall contain, in addition to the information required by section 3 of the Nuclear Substances and Radiation Devices Regulations, a description of the measures to be taken to ensure compliance with subsection 7(3) and sections 7.1 and 7.2.

  • SOR/2006-191, s. 6

Licence to Transport Category I, II or III Nuclear Material

 An application for a licence to transport Category I, II or III nuclear material shall contain, in addition to any other information required by section 7 of the Packaging and Transport of Nuclear Substances Regulations, 2015, a written transportation security plan that includes

  • (a) the name, quantity, radiation level in Gy/h, chemical and physical characteristics and isotopic composition of the nuclear material;

  • (b) a threat assessment consisting of an evaluation of the nature, likelihood and consequences of acts or events that may place prescribed information or nuclear material at risk;

  • (c) a description of the conveyance;

  • (d) the proposed security measures;

  • (e) the communication arrangements made among the licensee, the operator of the land vehicle transporting the nuclear material, the recipient of the material and any off-site response force along the route;

  • (f) the arrangements made between the licensee and any off-site response force along the route;

  • (g) the planned route; and

  • (h) the alternate route to be used in case of an emergency.

  • SOR/2006-191, s. 7
  • SOR/2015-145, s. 47

Exemption From Licence Requirement

  •  (1) A person may, without a licence to carry on that activity, transport Category I, II or III nuclear material within an area in which the material is required by section 7 to be processed, used or stored.

  • (2) For greater certainty, the exemption established in subsection (1) relates only to the activity specified in that subsection and does not derogate from the licence requirement imposed by section 26 of the Act in relation to other activities.

General Obligations Relating to Category I, II or III Nuclear Material

[SOR/2006-191, s. 8]

Areas for Processing, Use and Storage of Category I, II or III Nuclear Material

  •  (1) Every licensee shall process, use and store Category I nuclear material in an inner area.

  • (2) Every licensee shall process, use and store Category II nuclear material in a protected area.

  • (3) Every licensee shall process, use and store Category III nuclear material in

    • (a) a protected area;

    • (b) an area that is under the direct visual surveillance of the licensee; or

    • (c) an area to which access is controlled by the licensee and that is designed and constructed to prevent persons from gaining unauthorized access to the Category III nuclear material by using hand-held tools.

  • SOR/2006-191, s. 9

Requirements Concerning Category III Nuclear Material

  •  (1) Subject to subsection (2), if a licensee processes, uses or stores Category III nuclear material in an area referred to in paragraph 7(3)(c), the licensee shall ensure that the area is equipped with devices that

    • (a) detect any intrusion into it;

    • (b) detect any unauthorized removal of Category III nuclear material;

    • (c) detect any tampering that may cause any of the devices to malfunction or cease to function; and

    • (d) when an event referred to in paragraph (a), (b) or (c) is detected, set off a continuous alarm signal that is both audible and visible to a person in the service of the licensee or of an alarm monitoring service under contract to the licensee.

  • (2) A licensee need not comply with subsection (1) if it takes physical protection measures in respect of the area that provide the same level of protection as the devices referred to in that subsection.

  • SOR/2006-191, s. 10

Arrangements with Off-site Response Force

  •  (1) Every licensee shall make or cause to be made written arrangements with an off-site response force that is capable of making an effective intervention at an area where Category III nuclear material is processed, used or stored.

  • (2) The arrangements shall include provisions for

    • (a) annual familiarization visits by members of the off-site response force to the area where the Category III nuclear material is processed, used or stored; and

    • (b) the joint development of a contingency plan by the licensee and the off-site response force to facilitate the force making an effective intervention.

  • (3) If a licensee does not have alarm monitoring capability, the alarm monitoring service under contract to the licensee shall notify the licensee and the off-site response force, immediately on receipt of an alarm signal from the area where the Category III nuclear material is processed, used or stored.

  • SOR/2006-191, s. 10

Requirements for High-security Sites

General Obligations

Application

 Sections 7.4 to 38 apply in respect of high-security sites.

  • SOR/2006-191, s. 10
Design Basis Threat Analysis
  •  (1) The Commission shall establish a design basis threat analysis and update it as necessary to incorporate changes to the design basis threat.

  • (2) The Commission shall provide the current design basis threat analysis to every licensee, who shall take that analysis into account in the design of their physical protection system and make modifications to that system as necessary.

  • SOR/2006-191, s. 10
Facility-specific Threat and Risk Assessment
  •  (1) Every licensee shall conduct, at least once every 12 months, a threat and risk assessment specific to a facility where it carries on licensed activities in order to determine the adequacy of its physical protection system.

  • (2) Every licensee shall make modifications to its physical protection system, as necessary, to counter any credible threat identified as a result of the threat and risk assessment.

  • (3) Every licensee shall keep a written record of each threat and risk assessment that it conducts.

  • (4) Every licensee shall provide a copy of the written record, together with a statement of actions taken as a result of the threat and risk assessment, to the Commission within 60 days after completion of the assessment.

  • SOR/2006-191, s. 10

Location of Nuclear Power Plants

 Every nuclear power plant shall be located within a protected area.

  • SOR/2006-191, s. 10

Requirements Concerning Protected, Inner and Vital Areas

[SOR/2010-108, s. 10(F)]

Barrier Enclosing Protected Area

  •  (1) Every protected area shall be enclosed by a barrier that is located at its perimeter.

  • (2) Subject to subsection (3), the barrier shall be designed and constructed to inhibit any unauthorized entry into the protected area and must be one or a combination of the following structures:

    • (a) a fence at least 2.4 m in height constructed of wire chain links made of wire not smaller than gauge number 11, having openings whose sides do not exceed 6 cm in length, and topped with at least three strands of barbed wire or barbed tape installed parallel to the fence on brackets angled outward;

    • (b) a wall at least 2.4 m in height, including any wall that forms part of a building, constructed of steel, wood, concrete, masonry or other substantial material or composites of such materials and, if it does not form part of a building, topped with at least three strands of barbed wire or barbed tape installed parallel to the wall on brackets angled outward; or

    • (c) a structure that provides the same level of protection as those referred to in paragraphs (a) and (b).

  • (3) For facilities in respect of which a construction licence is issued after the day on which section 9.1 of these Regulations comes into force, the barrier must be designed and constructed to inhibit unauthorized entry into the protected area and must consist of

    • (a) the following elements, namely,

      • (i) an exterior fence extending at least 3 m above grade but otherwise constructed to the specifications set out in paragraph (2)(a),

      • (ii) an interior fence extending at least 2.4 m above grade but otherwise constructed to the specifications set out in paragraph (2)(a), and

      • (iii) a separation of not less than 5 m between the two fences that is free of obstructions, other than guard posts, vehicle portals and intrusion detection and assessment devices; or

    • (b) a structure, whether or not combined with other physical protection measures, that provides the same level of protection as the structures referred to in paragraph (a).

  • (4) Despite subsection (3), permanent security facilities such as guard posts and vehicle portals may join with the exterior and interior fences provided that a continuous barrier is maintained.

  • (5) The interior fence referred to in subparagraph (3)(a)(ii) is considered to be the perimeter of the protected area.

  • (6) Each gate, door, window or other means of entry or exit in the barrier shall be constructed so that it can be closed and locked.

  • (7) Those means of entry or exit shall be kept closed and locked except when persons or land vehicles are entering or exiting the protected area under the direct visual surveillance of a nuclear security officer.

  • SOR/2006-191, s. 11
  • SOR/2010-108, s. 11(F)
 
Date modified: