Nuclear Security Regulations (SOR/2000-209)

Required Information

20.1 A licensee shall, before issuing an authorization referred to in subsection 20(1) or (2), obtain the following information:

• (a) the name of the person for whom the authorization is sought;

• (b) the address of the person’s principal residence;

• (c) the name and business address of the person’s employer; and

• (d) documentary proof of the person’s lawful presence in Canada.

Conditions

• 20.2 (1) A licensee shall, when issuing an authorization referred to in subsection 20(1), make it subject to the condition that the person must be escorted at all times within the inner area by two persons who have the authorization referred to in either subsection 18(1) or (2).

• (2) A licensee shall, when issuing an authorization referred to in subsection 20(2), make it subject to the condition that the physical protection system support person must be escorted at all times

  • (a) within the protected area by a person who has the authorization referred to in subsection 18(3); and

  • (b) within the inner area, by two persons, one of whom has the authorization referred to in subsection 18(3) and the other of whom has the authorization referred to in subsection 18(1), (2) or (3).

• (3) No licensee shall permit a person who has an authorization referred to in section 20 to enter or remain in an inner area or act as a physical protection system support person unless they are escorted at all times as required by subsection (1) or (2).

Prohibition on Permitting Access to Protected Area or Inner Area

20.3 Except as otherwise provided in this Part, no licensee shall permit any person to enter or remain in a protected area or an inner area unless the person is a member of an off-site response force, a peace officer or a member of another external emergency response force who requires access to that area for the purpose of carrying out their duties.

Revocation of Authorization by Licensee

• 21 (1) A licensee shall revoke an authorization issued under section 17, 18 or 20 if

  • (a) there are reasonable grounds to believe that the person who has the authorization poses or could pose a risk to the security of a facility;

  • (b) the person is no longer employed by or otherwise under contract to the licensee;

  • (c) the duties or functions of the person have been completed, suspended or otherwise terminated; or

  • (d) the authorization is no longer required by the person in order for them to perform their duties.

• (2) Subject to subsection (3), a licensee shall immediately notify the Commission in writing of any revocation made under subsection (1) and the reasons for it.

• (3) If a revocation is in respect of an authorization under section 17, a licensee need not inform the Commission of the revocation and the reasons for it unless the revocation was made because there were reasonable grounds to believe that the person to whom the authorization was issued posed or could have posed a risk to the security of the facility.

22 [Repealed, SOR/2006-191, s. 22]

Unlocking and Opening Means of Entry into Inner Area

• 23 (1) No licensee shall permit a gate, door, window or other means of entry or exit in the structure or barrier that encloses an inner area to be unlocked, opened or kept open unless

  • (a) it is kept open only for the time required to allow the passage of persons or things into or out of the inner area; and

  • (b) while it is open, it is kept under the direct visual surveillance of a nuclear security officer who is dedicated exclusively to that task.

• (2) No licensee shall permit a gate, door, window or other means of entry or exit in the structure or barrier that encloses an inner area to be unlocked from the outside unless it is unlocked by two persons who are authorized to enter the inner area in accordance with section 18, only one of whom is a nuclear security officer.

Unauthorized Persons

• 24 (1) No licensee shall permit an unauthorized person to enter or remain in a protected area or an inner area.

• (2) If a person sees anyone in a protected area or an inner area who the person believes, on reasonable grounds, is not authorized to be in the area, the person shall immediately report that fact to the nearest nuclear security officer.

Monitoring and Preventing Entry

25 Every licensee shall ensure that weapons and explosive substances are not taken into a protected area or an inner area unless they are under the control of a nuclear security officer or a member of an on-site nuclear response force or an off-site response force.

Monitoring and Preventing Removal

26 Every licensee shall ensure that Category I, II or III nuclear material is not removed from a protected area or an inner area unless the removal is carried out in accordance with a licence.

Searches

• 27 (1) Every licensee shall post, at the entrance to each protected area and inner area, a sign that is visible to any person who is about to enter the area, stating that the licensee may not permit persons to

  • (a) enter the area unless they allow a nuclear security officer to search them and everything in their possession, including any land vehicle, for weapons and explosive substances; and

  • (b) leave the area unless they allow a nuclear security officer to search them and everything in their possession, including any land vehicle, for Category I, II or III nuclear material.

• (2) Subject to section 27.1, no licensee shall permit any person to enter or leave a protected area or an inner area unless

  • (a) on entering the area, the person and everything in their possession, including any land vehicle, has been searched for weapons and explosive substances and, in the case of a land vehicle, for unauthorized persons, by a nuclear security officer, who is physically present using appropriate detection and screening devices; and

  • (b) on leaving the area, the person and everything in their possession, including any land vehicle, has been searched for Category I, II or III nuclear material by a nuclear security officer using devices capable of detecting that material.

• (3) [Repealed, SOR/2006-191, s. 24]

• (4) No licensee who has a reasonable suspicion that a person who is in a protected area or an inner area has in their possession weapons or explosive substances that are not under the control of a nuclear security officer or a member of an on-site nuclear response force or an off-site response force or has in their possession Category I, II or III nuclear material without the authorization of the licensee shall permit the person to remain in either area without the person and everything in their possession, including any land vehicle, being searched by a nuclear security officer for the weapons, explosive substances or nuclear material.

• (5) A search of a person conducted under this section shall be

  • (a) a non-intrusive search carried out by means of a hand-held scanner, a walk-through scanner or any similar device; and

  • (b) if a nuclear security officer determines that it is necessary in order to maintain security, a frisk search carried out by a person of the same sex as the person being searched and extending from head to foot, down the front and rear of the body, around the legs and inside clothing folds, pockets and footwear.

• (6) [Repealed, SOR/2006-191, s. 24]

Exception to Search Requirements

• 27.1 (1) The search requirements set out in subsection 27(2) do not apply to a nuclear security officer or a member of an on-site nuclear response force who is entering a protected area or an inner area on foot, or who requires emergency access to or egress from a facility, as the case may be, for the purposes of carrying out their duties, if their identity as a nuclear security officer or a member of that force has been verified in accordance with section 17.1.

• (2) The search requirements set out in subsection 27(2) do not apply to a member of an off-site response force, a peace officer or a member of another external emergency response force who requires emergency access to or egress from a facility, as the case may be, for the purpose of carrying out their duties, if

  • (a) they provide identification or other evidence that satisfactorily establishes that they are a member of an off-site response force, a peace officer or a member of another external emergency response force;

  • (b) the purpose of their emergency access to or egress from the facility is verified by a nuclear security officer; and

  • (c) while at the facility, they are escorted in the manner set out in subsection 17(4) or 20.2(1), as the case may be.

Prohibited Activities

• 28 (1) No person who refuses to submit to a search referred to in section 27 shall enter or leave a protected area or an inner area.

• (2) No person shall

  • (a) take any weapons or explosive substances into a protected area or an inner area unless they are under the control of a nuclear security officer or a member of an on-site nuclear response force or an off-site response force; or

  • (b) remove any Category I, II or III nuclear material from a protected area or an inner area without the authorization of the licensee.

Exception for Inspectors

29 Sections 17, 18 and 20 do not apply to or in respect of an inspector who is designated under section 29 of the Act to carry out inspections at a high-security site.

Nuclear Security Officers

Number and Duties

30 Every licensee shall at all times have available at a facility at which it carries on licensed activities a sufficient number of nuclear security officers to enable the licensee to comply with this Part and do the following:

• (a) control the movement of persons, materials and land vehicles;

• (b) conduct searches of persons, materials and land vehicles for weapons, explosive substances and Category I, II or III nuclear material;

• (c) conduct preventive foot and land vehicle patrols of the facility and the perimeter of the protected area to inspect for security breaches and vulnerabilities;

• (d) respond to and assess alarm incidents;

• (e) apprehend and detain unarmed intruders;

• (f) observe and report on the movements of armed intruders; and

• (g) operate security equipment and systems.

Equipment

31 Every licensee shall provide nuclear security officers with the equipment required to perform the duties set out in section 30, including

• (a) a bullet-resistant vest;

• (b) portable communications equipment equipped with a device, referred to in paragraphs 11(b) and 14(b), that can set off a continuous alarm signal that is both audible and visible in the security monitoring room;

• (c) a restraining device; and

• (d) a night vision device.

On-site Nuclear Response Force

32 Every licensee shall at all times maintain an on-site nuclear response force that is capable of making an effective intervention, taking into account the design basis threat and any other credible threat identified by a threat and risk assessment.

33 [Repealed, SOR/2006-191, s. 29]

Training

• 34 (1) Every licensee shall train each of its nuclear security officers in respect of the relevant and current security duties and responsibilities.

• (2) Every licensee shall, within the 30-day period before issuing an authorization referred to in subsection 18(2) to a person, examine the person’s familiarity with the relevant and current security duties and responsibilities.

Protection Arrangements, Contingency Plans and Security Exercises and Drills

Protection Arrangements with Off-site Response Force

• 35 (1) Every licensee shall make or cause to be made written arrangements with an off-site response force to provide for the protection of a facility at which it carries on licensed activities.

• (2) The arrangements shall include provisions

  • (a) to ensure that there is capability at all times for immediate communication among the security monitoring room, the on-site nuclear response force and the off-site response force;

  • (b) to ensure that the off-site response force can support the on-site nuclear response force in making an effective intervention when requested to do so by the licensee;

  • (c) for the installation of a two-way radio referred to in subparagraph 15(2)(c)(i) and an alarm device referred to in subparagraph 15(2)(c)(ii);

  • (d) for annual familiarization visits to the facility by members of the off-site response force; and

  • (e) for consultation between the licensee and the off-site response force regarding the arrangements, the resources and the equipment available to the licensee and the off-site response force, and any other matter relating to the security of the facility.