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 (continued)

Entry Into Protected And Inner Areas (continued)

Exception to Search Requirements

  •  (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.

  • SOR/2006-191, s. 25

Prohibited Activities

  •  (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.

  • SOR/2006-191, s. 26

Exception for Inspectors

 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.

  • SOR/2006-191, s. 27

Nuclear Security Officers

Number and Duties

 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.

  • SOR/2006-191, s. 28

Equipment

 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.

  • 2001, c. 27, s. 273
  • SOR/2006-191, s. 29

On-site Nuclear Response Force

 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.

  • SOR/2006-191, s. 29

 [Repealed, SOR/2006-191, s. 29]

Training

  •  (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.

  • SOR/2006-191, ss. 30, 39

Protection Arrangements, Contingency Plans and Security Exercises and Drills

Protection Arrangements with Off-site Response Force

  •  (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.

  • SOR/2006-191, s. 31
  • SOR/2010-108, s. 15(F)

Contingency Plans and Security Exercises and Drills

  •  (1) Every licensee shall develop and maintain or cause to be developed and maintained, in cooperation with the off-site response force referred to in subsection 35(1), a contingency plan to ensure that an effective intervention can be made, taking into account the design basis threat and any other credible threat identified by a threat and risk assessment.

  • (2) Every licensee shall conduct or cause to be conducted at a facility at which it carries on licensed activities, in cooperation with the off-site response force, at least one security exercise every two years to test the effectiveness of the contingency plan and of the physical protection system.

  • (3) Every licensee shall notify the Commission in writing of its intention to conduct a security exercise at least 60 days before the exercise date.

  • (4) Every licensee shall conduct a security drill at the facility at least once each 30 days to test the operation of one or more of its physical protection measures and the readiness of its security personnel.

  • SOR/2006-191, s. 31

Records to Be Kept, Retained and Made Available

  •  (1) Every licensee shall

    • (a) keep a record of the name of each person to whom an authorization to enter a protected area or an inner area has been issued;

    • (b) retain the record for one year after the authorization expires or is revoked; and

    • (c) make a copy of the record available to its nuclear security officers.

  • (2) Every licensee shall keep a record of the duties and responsibilities of its nuclear security officers and shall give a copy of that record to each of them.

  • (3) Every licensee shall keep a record of the training received by each of its nuclear security officers.

  • SOR/2006-191, s. 39

Supervisory Awareness Program

 Every licensee shall develop a supervisory awareness program and implement it on an ongoing basis to ensure that its supervisors are trained to recognize behavioural changes in all personnel, including contractors, that could pose a risk to security at a facility at which it carries on licensed activities.

  • SOR/2006-191, s. 32

PART 2Security of Nuclear Facilities Listed in Schedule 2

Interpretation

 In this Part, facility-access security clearance means a clearance granted to a person by a licensee permitting access to a nuclear facility to which this Part applies.

  • SOR/2006-191, s. 32

Application

  •  (1) This Part applies in respect of a nuclear facility set out in column 2 of Schedule 2 that is

    • (a) operated by a licensee set out in column 1 of that schedule; or

    • (b) at any time after being operated by a licensee referred to in paragraph (a), operated by another licensee.

  • (2) If the provisions of both Part 1 and this Part apply to a licensee, the provisions of Part 1 that relate to Category I and II nuclear material shall prevail to the extent of any inconsistency.

  • (3) Despite sections 7.1 and 7.2, this Part applies to a licensee that processes, uses or stores Category III nuclear material.

  • SOR/2006-191, s. 32
 
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