Critical Cyber Systems Protection Act (S.C. 2026, c. 9, s. 11)

Marginal note:Request for review

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  56 (1) An order that is made under section 54 must be reviewed by the Governor at the written request of the designated operator that is subject to the order.

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  Marginal note:Contents and time for making request

  (2) The request must be made within the time and in the manner specified in the order and state the grounds for review and set out the evidence that supports those grounds.

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  Marginal note:Order in effect

  (3) The order continues to apply during a review unless the Governor decides otherwise.

Marginal note:Decision on completion of review

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  57 (1) On completion of a review, the Governor must confirm, amend, revoke or cancel the order and provide notice of the decision to the designated operator and the reasons for it.

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  Marginal note:Deemed decision

  (2) If the Governor does not make a decision in respect of the request within 90 days after the day on which the request is received, or within any further period that is agreed on by the Governor and the designated operator, the Governor is deemed to have confirmed the order.

Marginal note:Designation

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  58 (1) The Canadian Nuclear Safety Commission may designate persons or classes of persons for the purpose of verifying compliance or preventing non-compliance with any provision of this Act or the regulations.

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  Marginal note:Certificate of designation

  (2) Each person designated under subsection (1) must be provided with a certificate of designation in a form established by the Canadian Nuclear Safety Commission and, when entering any place under subsection 59(1), must, on request, produce the certificate to the person in charge of the place.

Marginal note:Authority to enter place — designated person

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  59 (1) Subject to subsection 60(1), the person designated under subsection 58(1) may, for the purpose of verifying compliance or preventing non-compliance with any provision of this Act or the regulations, enter a place, including a conveyance, in which they have reasonable grounds to believe that an activity regulated under this Act is being conducted or any document, information or thing that is relevant to that purpose is located.

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  Marginal note:Powers of entry

  (2) For the purpose referred to in subsection (1), the person designated under subsection 58(1) may

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    (a) examine anything in the place;

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    (b) use any cyber system, or cause it to be used, for the purpose of examining, among other things, any information contained in or available to it;

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    (c) prepare a document, or cause one to be prepared, based on the information;

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    (d) examine any record, report, data or other document and make copies of it or take extracts from it;

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    (e) use any copying equipment in the place or cause it to be used; and

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    (f) remove any document, record or cyber system, or a portion of it, from the place for the purpose of examining it or copying it.

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  Marginal note:Return of document, record or cyber system

  (3) If the person designated under subsection 58(1) removes any document, record or cyber system referred to in paragraph (2)(f), the person so designated must return it to its owner or the person in charge of it, on completion of the examination or copying.

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  Marginal note:Duty to assist

  (4) Every owner or person in charge of a place that is entered by the person designated under subsection 58(1) and every person found in the place must give the person designated under subsection 58(1) all reasonable assistance to enable them to exercise their powers or perform their duties and functions under this Act and provide them with any document or information, or access to any data, that they may reasonably require.

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  Marginal note:Persons accompanying

  (5) The person designated under subsection 58(1) may be accompanied by any other person that they believe is necessary to help them exercise their powers or perform their duties and functions under this section.

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  Marginal note:Entering private property

  (6) The person designated under subsection 58(1) and any person accompanying the person so designated may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1).

Marginal note:Dwelling-house

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  60 (1) In the case of a dwelling-house, the person designated under subsection 58(1) is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

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  Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing the person designated under subsection 58(1) and named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

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    (a) the dwelling-house is a place referred to in subsection 59(1);

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    (b) entry to the dwelling-house is necessary for a purpose referred to in subsection 59(1); and

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    (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

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  Marginal note:Use of force

  (3) In executing the warrant, the person designated under subsection 58(1) is not entitled to use force unless the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

Marginal note:Internal audit order

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  61 (1) Subject to any regulations, the person designated under subsection 58(1) may, by order in writing, require a designated operator to, within a specified period and in accordance with the order, conduct an internal audit of its practices, books and other records to determine whether the designated operator is in compliance with any provision of this Act or the regulations.

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  Marginal note:Exemption from Statutory Instruments Act

  (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

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  Marginal note:Review

  (3) A person designated under subsection 58(1) must refer any order made under this section to the Canadian Nuclear Safety Commission for review and the Canadian Nuclear Safety Commission must confirm, amend or revoke the order.

Marginal note:Report

62 The designated operator must comply with the order and provide to the person designated under subsection 58(1), within the period specified in the order, a report of the results of the audit, including, if the designated operator determines that there is non-compliance with any provision of this Act or the regulations, the nature of the non-compliance and any measures that have been taken or will be taken by the designated operator to comply with the provision.

Marginal note:Power to order termination of contravention

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  63 (1) If the person designated under subsection 58(1) believes on reasonable grounds that there is or is likely to be a contravention of any provision of this Act or the regulations, the person so designated may, by order, require a designated operator to

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    (a) stop doing something that is or is likely to be in contravention of that provision or cause it to be stopped; or

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    (b) take any measure that is necessary in order to comply with the requirements of that provision or to mitigate the effects of non-compliance.

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  Marginal note:Time and manner

  (2) The order must specify the time within which and manner in which the designated operator may request a review of the order by the Canadian Nuclear Safety Commission.

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  Marginal note:Exemption from Statutory Instruments Act

  (3) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

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  Marginal note:Review

  (4) A person designated under subsection 58(1) must refer any order made under this section to the Canadian Nuclear Safety Commission for review and the Canadian Nuclear Safety Commission must confirm, amend or revoke the order.

Marginal note:Compliance with order

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  64 (1) A designated operator that is subject to an order made under section 63 must comply with it.

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  Marginal note:Notification of compliance

  (2) Once the designated operator complies with the order, it must notify the person designated under subsection 58(1), without delay, of its compliance.

Marginal note:Request for review

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  65 (1) An order that is made under section 63 must be reviewed by the Canadian Nuclear Safety Commission at the written request of the designated operator that is subject to the order.

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  Marginal note:Contents and time for making request

  (2) The request must be made within the time and in the manner specified in the order and state the grounds for review and set out the evidence that supports those grounds.

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  Marginal note:Order in effect

  (3) The order continues to apply during a review unless the Canadian Nuclear Safety Commission decides otherwise.

Marginal note:Decision on completion of review

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  66 (1) On completion of a review under subsection 65(1), the Canadian Nuclear Safety Commission must confirm, amend, revoke or cancel the order and provide notice of the decision to the designated operator and the reasons for it.

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  Marginal note:Deemed decision

  (2) If the Canadian Nuclear Safety Commission does not make a decision in respect of the request within 90 days after the day on which the request is received, or within any further period that is agreed on by the Canadian Nuclear Safety Commission and the designated operator, the Canadian Nuclear Safety Commission is deemed to have confirmed the order.

Marginal note:Designation of inspection officers

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  67 (1) The Chief Executive Officer may designate persons or classes of persons as inspection officers for the purpose of verifying compliance or preventing non-compliance with any provision of this Act or the regulations.

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  Marginal note:Certificate of designation

  (2) Each inspection officer must be provided with a certificate of designation in a form established by the Canadian Energy Regulator and, when entering any place under subsection 68(1), must, on request, produce the certificate to the person in charge of the place.

Marginal note:Authority to enter place — inspection officer

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  68 (1) Subject to subsection 69(1), the inspection officer may, for the purpose of verifying compliance or preventing non-compliance with any provision of this Act or the regulations, enter a place, including a conveyance, in which they have reasonable grounds to believe that an activity regulated under this Act is being conducted or any document, information or thing that is relevant to that purpose is located.

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  Marginal note:Powers of entry

  (2) For the purpose referred to in subsection (1), the inspection officer may

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    (a) examine anything in the place;

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    (b) use any cyber system, or cause it to be used, for the purpose of examining, among other things, any information contained in or available to it;

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    (c) prepare a document, or cause one to be prepared, based on the information;

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    (d) examine any record, report, data or other document and make copies of it or take extracts from it;

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    (e) use any copying equipment in the place or cause it to be used; and

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    (f) remove any document, record or cyber system, or a portion of it, from the place for the purpose of examining it or copying it.

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  Marginal note:Return of document, record or cyber system

  (3) If the inspection officer removes any document, record or cyber system referred to in paragraph (2)(f), the inspection officer must return it to its owner or the person in charge of it, on completion of the examination or copying.

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  Marginal note:Duty to assist

  (4) Every owner or person in charge of a place that is entered by the inspection officer and every person found in the place must give the officer all reasonable assistance to enable the officer to exercise the officer’s powers or perform the officer’s duties and functions under this Act and provide that officer with any document or information, or access to any data, that the officer may reasonably require.

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  Marginal note:Persons accompanying

  (5) The inspection officer may be accompanied by any other person that the inspection officer believes is necessary to help the inspection officer exercise the inspection officer’s powers or perform the inspection officer’s duties and functions under this section.

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  Marginal note:Entering private property

  (6) The inspection officer and any person accompanying the inspection officer may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1).