Defence Controlled Access Area Regulations (SOR/86-957)

Regulations are current to 2012-05-14

Defence Controlled Access Area Regulations

SOR/86-957

NATIONAL DEFENCE ACT

Registration 1986-09-11

Regulations Respecting Access to, Exclusion from and Safety and Conduct of Persons in, on or about any Defence Establishment, Work for Defence or Materiel

P.C. 1986-2078 1986-09-11

Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, is pleased hereby, pursuant to section 12 of the National Defence Act, to revoke the Defence Establishment Trespass Regulations, C.R.C., c. 1047 and, pursuant to section 231.1Footnote * of the said Act, to make the annexed Regulations respecting access to, exclusion from and safety and conduct of persons in, on or about any defence establishment, work for defence or materiel, in substitution therefor.

SHORT TITLE

1. These Regulations may be cited as the Defence Controlled Access Area Regulations.

INTERPRETATION

2. In these Regulations,

“controlled access area”

“controlled access area” means any defence establishment, work for defence or materiel and includes any restricted area within such place or materiel; (secteur d’accès contrôlé)

“designated authority”

“designated authority” means the Minister, the Chief of the Defence Staff or the officer in command or person in charge of a controlled access area; (autorité compétente)

“pass”

“pass” means an authorization to enter a controlled access area in accordance with section 5; (laissez-passer)

“security guard”

“security guard” means

  • (a) a peace officer,

  • (b) a member of the Corps of Commissionaires,

  • (c) an officer or non-commissioned member, or

  • (d) an employee or other person engaged directly or indirectly by the Canadian Forces or the Department

to whom a designated authority has assigned duties relating to the enforcement of these Regulations. (garde de sécurité)

APPLICATION

3. These Regulations apply to all persons except those who are subject to the Code of Service Discipline.

PART I

ACCESS TO AND EXCLUSION FROM A CONTROLLED ACCESS AREA

4. Every person is prohibited from entering, exiting or remaining in or on any controlled access area except in compliance with these Regulations.

  • 5. (1) No person shall enter a controlled access area without first obtaining a pass where a designated authority requires that a pass be obtained prior to entry.

  • (2) Where a designated authority or a security guard authorized by the designated authority to grant passes has reasonable grounds to believe that it is necessary for the purpose of maintaining security or preserving the routine, administration or order in, on or about a controlled access area, the designated authority or the security guard may delay the issue of or refuse to grant a pass and may withhold or revoke a pass.

  • 6. (1) Notwithstanding any other provision of these Regulations, where a designated authority has reasonable grounds to believe that it is necessary for the purpose of maintaining security or preserving the routine, administration or order in, on or about a controlled access area, the designated authority may prohibit any person from entering a controlled access area by notice in writing to the person specifying

    • (a) the period for which the prohibition is in effect; and

    • (b) the reason or reasons for the prohibition.

  • (2) No person shall enter a controlled access area during any period that the person has been prohibited from doing so under subsection (1).