Nuclear Security Regulations (SOR/2000-209)

Regulations are current to 2016-04-12 and last amended on 2015-06-12. Previous Versions

Uninterrupted Power Supply

 A physical protection system shall include a physical protection measure that, in the event of the loss of power, maintains an uninterrupted power supply for a period sufficient to allow for an alternate continuous power supply to be implemented for

  • (a) all devices required by this Part related to intrusion detection and the immediate assessment of the cause of an alarm, other than lighting as required by paragraph 10(2)(b); and

  • (b) the devices referred to in paragraph 15(2)(c).

  • SOR/2006-191, s. 19;
  • SOR/2010-108, s. 13(F).

Key Control

  •  (1) Every licensee shall maintain records of all devices, including keys and locks, whether electronic or manual, used to control access to protected, inner or vital areas or to Category I, II or III nuclear material.

  • (2) The records shall list all devices and their combinations, if any, that have been issued, the date of issue and the individuals to whom they were issued.

  • (3) If there are reasonable grounds to believe that any device or combination is defective or has been lost, stolen or unlawfully transferred or has otherwise become insecure, as the case may be, the licensee shall immediately take all measures necessary to restore the integrity of the device or combination believed to be affected.

  • (4) A licensee shall not issue a device or combination controlling access to a protected, inner or vital area or to Category I, II or III nuclear material to any person unless an authorization referred to in subsection 17(1) or 18(1), (2) or (3), as the case may be, has been issued to them and they are required to access that area in the performance of their duties.

  • SOR/2006-191, s. 19.

Site Plan

 Every licensee shall maintain a site plan that indicates the location and includes a description of the following, if applicable:

  • (a) the perimeter of the lands on which a high-security site is located;

  • (b) the barrier enclosing every protected area;

  • (c) the protected areas;

  • (d) the unobstructed areas that meet the requirements set out in section 10;

  • (e) the structure or barrier enclosing every inner area;

  • (f) the inner areas; and

  • (g) the vital areas.

  • SOR/2006-191, ss. 20, 40(F).

Entry Into Protected And Inner Areas

Entry into Protected Area

  •  (1) No person shall enter a protected area without physical proof of the recorded authorization of the licensee.

  • (1.1) In this section, site access security clearance means a clearance granted by a licensee to a person based on a security assessment for site access security clearances referred to in the Personnel Security Standard or on an equivalent security assessment.

  • (1.2) A site access security clearance is valid for five years.

  • (2) Subject to subsection (3), a licensee shall, before issuing an authorization to enter a protected area to a person, prepare an identification report that contains the following information and documents:

    • (a) the person’s name and date and place of birth;

    • (b) documentary proof of the person’s lawful presence in Canada;

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

    • (d) a photograph depicting a frontal view of the person’s face;

    • (e) the person’s occupation; and

    • (f) a copy of the site access security clearance for that person.

  • (3) A licensee may issue an authorization to enter a protected area to a person without preparing an identification report if

    • (a) the person provides the licensee with documentary proof of the person’s name and address; and

    • (b) the authorization is issued subject to the condition that the person must be escorted within the protected area at all times by a person who has the recorded authorization of the licensee to enter that area and for whom the licensee has prepared an identification report.

  • (4) No licensee shall permit a person who has an authorization issued under subsection (3) to enter or remain in the protected area unless the person is escorted at all times by a person who has the recorded authorization of the licensee to enter that area and for whom the licensee has prepared an identification report.

  • (5) An authorization to enter a protected area may be issued for any term not exceeding five years and shall be subject to any terms and conditions that are necessary to minimize the risk to the security of the area.

  • (6) Every licensee shall give to a person who has sought an authorization to enter a protected area, on the person’s request, a copy of any information or documents referred to in subsection (2) that the licensee possesses.

  • SOR/2006-191, s. 21;
  • SOR/2010-108, s. 14(F).

Verification of Identity

 On the entry into a protected area of a person to whom an authorization referred to in subsection 17(1) has been issued, that person’s identity shall be verified by two separate personnel identity verification systems, one of which is an access card reader and the other of which is a biometric personnel identity verification device.

  • SOR/2006-191, s. 22.

Authorizations

  •  (1) Subject to subsection 20(1), no person shall enter an inner area without the recorded authorization of the licensee.

  • (2) Subject to section 18.6, no person shall act as a nuclear security officer without the recorded authorization of the licensee.

  • (3) Subject to subsection 20(2), no person shall act as a physical protection system support person without the recorded authorization of the licensee.

  • SOR/2006-191, s. 22.

Security Clearance

 A licensee shall, before issuing an authorization referred to in subsection 18(1) or (3) to a person referred to in that subsection, perform a credit check in respect of the person, obtain the information and documents referred to in paragraphs 17(2)(a) to (e) and grant a security clearance to the person that is valid for five years and is equivalent to a “Secret” level security clearance referred to in the Personnel Security Standard or higher.

  • SOR/2006-191, s. 22.

Additional Requirements for Nuclear Security Officers

 A licensee, before issuing an authorization referred to in subsection 18(2) to a person referred to in that subsection, shall satisfy the conditions set out in section 18.1 in respect of the person — other than the condition set out in paragraph 17(2)(b) — and shall obtain from the person

  • (a) documentary proof that the person is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act;

  • (b) a certificate, signed by a duly qualified medical practitioner, certifying that the person does not have a medical condition that would prevent them from performing the tasks that are likely to be assigned by the licensee;

  • (c) a certificate, signed by a fitness consultant recognized by the Canadian Society for Exercise Physiology or a person with equivalent or higher qualifications, certifying that the person is physically able to perform tasks that are likely to be assigned by the licensee; and

  • (d) a certificate, signed by a duly qualified psychologist, certifying that the person is psychologically able to perform tasks that are likely to be assigned by the licensee.

  • SOR/2006-191, s. 22.

Included Authorizations

  •  (1) An authorization referred to in subsection 18(2) or (3) includes an authorization to enter an inner area.

  • (2) An authorization referred to in section 18 includes an authorization to enter a protected area.

  • SOR/2006-191, s. 22.

Term of Authorization

 An authorization referred to in section 18 may be issued 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 facility.

  • SOR/2006-191, s. 22.

Copy of Information and Documents

 Every licensee shall give to a person for whom an authorization referred to in section 18 has been sought, at the person’s request, a copy of any information or documents relating to the authorization in the licensee’s possession that were submitted to the licensee by or on behalf of the person.

  • SOR/2006-191, s. 22.

Transitional Period

  •  (1) Despite section 18.2, a nuclear security officer need not be granted the security clearance referred to in section 18.1 until one year after the coming into force of this section if he or she was a nuclear security guard immediately before that coming into force.

  • (2) Despite section 18.2, a licensee need not obtain the certificates referred to in paragraphs 18.2(c) and (d) from a person referred to in that section until one year after the coming into force of this section.

  • SOR/2006-191, s. 22.
 
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