Nuclear Security Regulations (SOR/2000-209)

Contingency Plans and Security Exercises and Drills

• 36 (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.

Records to Be Kept, Retained and Made Available

• 37 (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.

Supervisory Awareness Program

38 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.

PART 2Security of Nuclear Facilities Listed in Schedule 2

Interpretation

39 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.

Application

• 40 (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.

Licence Applications

41 An application for a licence in respect of a nuclear facility shall contain, in addition to the information required by sections 3 to 8 of the Class I Nuclear Facilities Regulations, a description of the physical protection measures to be taken to ensure compliance with sections 42 to 48.

Access Control at Nuclear Facilities

• 42 (1) No licensee shall permit any person to enter or remain in a nuclear facility unless the person has a facility-access security clearance or is

  • (a) escorted at all times by a person who has a facility-access security clearance;

  • (b) a member of an off-site response force, a peace officer or a member of another external emergency response force who requires access for the purpose of carrying out their duties at the site of the nuclear facility; or

  • (c) an inspector who is designated under section 29 of the Act to carry out inspections at a nuclear facility.

• (2) Before granting a facility-access security clearance to a person, a licensee shall verify the following information:

  • (a) a record emanating from the Canadian Police Information Centre or from a police service serving the locality where the facility is located, showing the results of a criminal record name check on the person;

  • (b) the person’s personal history, composed of their educational achievement, professional qualifications, employment history and character references, unless the person has been employed for more than 10 years at the facility; and

  • (c) if a person’s personal history cannot be established for at least the last five years, information relating to the trustworthiness of the person including, where available, a criminal record name check on that person from each country in which the person has resided for one or more years in the last five years.

• (3) A facility-access security clearance may be granted for any term not exceeding five years and shall be subject to any terms and conditions necessary to minimize the risk to the security of the nuclear facility.

• (4) For the purposes of subsection (1), a licensee may accept a facility-access security clearance granted by another licensee or an authorization referred to in subsection 17(1) or section 18.

List of Authorized Persons

• 43 (1) Every licensee shall establish and maintain a list of all persons to whom a facility-access security clearance has been granted under section 42.

• (2) Every licensee shall, upon request, provide the list to the Commission or a person who is designated as an inspector under section 29 of the Act.

Revocation of Facility-access Security Clearance

• 44 (1) A licensee may revoke a facility-access security clearance if

  • (a) there are reasonable grounds to believe that the person who has the facility-access security clearance poses or could pose a risk to the security of a nuclear 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 facility-access security clearance is no longer required by the person in order for them to perform their duties.

• (2) A licensee shall immediately notify the Commission in writing of any revocation made under paragraph (1)(a).

Entry of Land Vehicles

45 No licensee shall permit a land vehicle to enter a nuclear facility unless

• (a) there is an operational requirement for it to be there and it is searched for explosive substances, weapons and unauthorized persons; or

• (b) it is used by a member of an off-site response force, a peace officer or a member of another external emergency response force for the purpose of carrying out their duties.

Security of Nuclear Substances

• 46 (1) Every licensee shall process, use and store nuclear substances and other radioactive material in an area within a nuclear facility that is under the visual surveillance of the licensee, or is designed and constructed to prevent persons from gaining unauthorized access to those substances and that material.

• (2) Subject to subsection (3), a licensee shall ensure that the area is equipped with devices that

  • (a) detect any intrusion into it;

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

  • (c) when an event referred to in paragraph (a) or (b) 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.

• (3) A licensee need not comply with subsection (2) 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.

Arrangements with Off-site Response Force

• 47 (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 the nuclear facility.

• (2) The arrangements shall include provisions for

  • (a) annual familiarization visits to the nuclear facility by members of the off-site response force; 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 nuclear facility or the area referred to in subsection 46(1).

Supervisory Awareness Program

48 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.