Nuclear Security Regulations (SOR/2000-209)

Regulations are current to 2013-04-29 and last amended on 2010-05-13. Previous Versions

Nuclear Security Regulations

SOR/2000-209

NUCLEAR SAFETY AND CONTROL ACT

Registration 2000-05-31

Nuclear Security Regulations

P.C. 2000-789  2000-05-31

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 44 of the Nuclear Safety and Control ActFootnote a, hereby approves the annexed Nuclear Security Regulations made by the Canadian Nuclear Safety Commission on May 31, 2000.

INTERPRETATION

[SOR/2006-191, s. 1]

 The definitions in this section apply in these Regulations.

“Act”

“Act” means the Nuclear Safety and Control Act. (Loi)

“Category I nuclear material”

“Category I nuclear material” means a nuclear substance listed in column 1 of Schedule 1 that is in the corresponding form set out in column 2 and the corresponding quantity set out in column 3 of Schedule 1. (matière nucléaire de catégorie I)

“Category II nuclear material”

“Category II nuclear material” means a nuclear substance listed in column 1 of Schedule 1 that is in the corresponding form set out in column 2 and the corresponding quantity set out in column 4 of Schedule 1. (matière nucléaire de catégorie II)

“Category III nuclear material”

“Category III nuclear material” means a nuclear substance listed in column 1 of Schedule 1 that is in the corresponding form set out in column 2 and the corresponding quantity set out in column 5 of Schedule 1. (matière nucléaire de catégorie III)

“design basis threat”

“design basis threat” means the characteristics of a potential adversary in respect of which countermeasures are incorporated into the design and evaluation of a physical protection system. (menace de référence)

“direct visual surveillance”

“direct visual surveillance” means direct observation by a person who is physically present at the place that is under observation. (surveillance visuelle directe)

“effective intervention”

“effective intervention” means an intervention that is timely and powerful enough to prevent a person or group of persons, including those equipped with weapons or explosive substances, from committing sabotage or from removing Category I, II or III nuclear material otherwise than in accordance with a licence. (défense efficace)

“explosive substance”

“explosive substance” includes

  • (a) anything intended to be used to make a substance capable of producing an explosion, a detonation or a pyrotechnic effect;

  • (b) anything, or any part of any thing, used or intended to be used or adapted to cause, or to aid in causing, an explosion in or with a substance referred to in paragraph (a); and

  • (c) an incendiary grenade, firebomb, Molotov cocktail or other similar incendiary substance or device and a delaying mechanism or other thing intended for use in connection with such a substance or device. (substance explosive)

“high-security site”

“high-security site” means a nuclear power plant or a nuclear facility where Category I or II nuclear material is processed, used or stored. (site à sécurité élevée)

“inner area”

“inner area” means an area inside a protected area that is surrounded by a barrier or structure that meets the requirements of section 13. (zone intérieure)

“licensee”

“licensee” means

  • (a) in this section and sections 2 to 7.2, a person who is licensed to carry on an activity described in any of paragraphs 26(a), (b), (e) or (f) of the Act in relation to Category I, II or III nuclear material or a nuclear power plant;

  • (b) in sections 7.3 to 38, a person who is licensed to carry on an activity described in any of paragraphs 26(a), (b), (e) or (f) of the Act in relation to a high-security site; and

  • (c) in Part 2, a person who is licensed to carry on an activity described in any of paragraphs 26(a), (b) or (e) of the Act in relation to a nuclear facility set out in column 2 of Schedule 2. (titulaire de permis)

“nuclear power plant”

“nuclear power plant” means a nuclear facility consisting of any fission-reactor installation that has been constructed to generate electricity on a commercial scale. (centrale nucléaire)

“nuclear security guard”

“nuclear security guard”[Repealed, SOR/2006-191, s. 2]

“nuclear security officer”

“nuclear security officer” means a person whose function is to provide security at a high-security site and to whom an authorization referred to in subsection 18(2) has been issued. (agent de sécurité nucléaire)

“off-site response force”

“off-site response force” means a local, provincial or federal police service whose members are not located at a nuclear facility. (force d’intervention externe)

“on-site nuclear response force”

“on-site nuclear response force” means

  • (a) a team of nuclear security officers whose members are

    • (i) trained in the use of firearms, authorized to carry firearms in Canada and qualified to use them, and

    • (ii) permanently located at a high-security site; or

  • (b) a local, provincial or federal police service, a Canadian Forces unit or any other force

    • (i) under contract to a licensee,

    • (ii) whose members are trained in the use of firearms, authorized to carry firearms in Canada and qualified to use them, and

    • (iii) whose members are permanently located at a high-security site. (force d’intervention nucléaire interne)

“Personnel Security Standard”

“Personnel Security Standard” means the document entitled Chapter 2 — 4 — Personnel Security Standard, published by the Treasury Board Secretariat and dated June 9, 1994, as amended from time to time. (Norme sur la sécurité du personnel)

“physical protection measure”

“physical protection measure” means an element or a combination of elements in place at a nuclear facility for its protection — or for the protection of nuclear substances at the facility — against potential adversaries. (mesure de protection physique)

“physical protection system”

“physical protection system” means all of the physical protection measures in place at a nuclear facility. (système de protection physique)

“physical protection system support person”

“physical protection system support person” means a person who

  • (a) carries out the design, implementation, maintenance or repair of a physical protection system at a high-security site or conducts training related to one or more of those activities; and

  • (b) is likely to be exposed to, or gain knowledge of, prescribed information in carrying out the activities referred to in paragraph (a). (préposé au système de protection physique)

“potential adversary”

“potential adversary” means any person — whether or not they have authorized access to a nuclear facility — who might attempt

  • (a) the unauthorized removal of Category I, II or III nuclear material; or

  • (b) sabotage. (agresseur potentiel)

“prescribed information”

“prescribed information” means the information prescribed by section 21 of the General Nuclear Safety and Control Regulations. (renseignements réglementés)

“protected area”

“protected area” means an area that is surrounded by a barrier that meets the requirements of section 9. (zone protégée)

“response force”

“response force”[Repealed, SOR/2006-191, s. 2]

“sabotage”

“sabotage” means any deliberate act or omission, directed against a nuclear facility or nuclear substances, that

  • (a) endangers or is likely to endanger the health and safety of any person; or

  • (b) results or is likely to result in contamination of the environment. (sabotage)

“security monitoring room”

“security monitoring room” means a security monitoring room referred to in section 15. (local de surveillance)

“threat and risk assessment”

“threat and risk assessment” means an evaluation of the adequacy of an existing or a proposed physical protection system designed to safeguard against

  • (a) intentional acts that could pose a threat to the security of a high-security site; and

  • (b) the exploitation of weaknesses in the physical protection measures of a high-security site. (évaluation de la menace et du risque)

“unobstructed area”

“unobstructed area”[Repealed, SOR/2006-191, s. 2]

“vehicle portal”

“vehicle portal” means a structure situated on the perimeter of a protected area that is enclosed on the sides and consists of two movable gates, separated by a space sufficiently large to accommodate land vehicles having an operational requirement to enter the area. (sas pour véhicule)

“vital area”

“vital area” means an area inside a protected area containing equipment, systems, devices or a nuclear substance, the sabotage of which would or would likely pose an unreasonable risk to the health and safety of persons arising from exposure to radiation. (zone vitale)

“weapon”

“weapon” means anything that could be used or is capable of being used to jeopardize the security of a nuclear facility or a nuclear substance or anything, including firearms, that is used, designed to be used or intended for use in causing death or injury to any person or for the purpose of threatening or intimidating any person. (arme)

  • SOR/2006-191, ss. 2, 38;
  • SOR/2010-108, s. 9(F).