Nuclear Safety and Control Act (S.C. 1997, c. 9)

AMENDMENTS NOT IN FORCE

• — 2023, c. 32, s. 49

  • 49 Section 2 of the Nuclear Safety and Control Act is amended by adding the following in alphabetical order:

    firearm

    firearm has the same meaning as in section 2 of the Criminal Code. (arme à feu)

    high-security site

    high-security site means a nuclear facility where Category I nuclear material or Category II nuclear material, as those terms are defined in section 1 of the Nuclear Security Regulations, is processed, used or stored. (site à sécurité élevée)

    nuclear security officer

    nuclear security officer means an employee who is designated as a nuclear security officer under subsection 27.1(2). (agent de sécurité nucléaire)

    on-site nuclear response force

    on-site nuclear response force means the on-site nuclear response force referred to in subsection 27.2(1). (force d’intervention nucléaire interne)

    prohibited device

    prohibited device has the same meaning as in subsection 84(1) of the Criminal Code. (dispositif prohibé)

    prohibited weapon

    prohibited weapon has the same meaning as in subsection 84(1) of the Criminal Code. (arme prohibée)

• — 2023, c. 32, s. 50

  • 50 The Act is amended by adding the following after section 27:

    High-security Sites

    • Security at site

      • 27.1 (1) A licensee who operates a high-security site is responsible for ensuring the security of the site in accordance with section 27.2 and the prescribed requirements.

      • Nuclear security officers

        (2) The licensee may, in accordance with the regulations,

        • (a) designate as a nuclear security officer any employee of the licensee who meets the prescribed requirements; and

        • (b) suspend or revoke the designation.

      • Restriction

        (3) An employee designated as a nuclear security officer may exercise the powers and perform the duties and functions of a nuclear security officer only if they are designated as a peace officer under subsection 27.3(1).

      • Preservation and maintenance of public peace

        (4) A nuclear security officer’s duties include the preservation and maintenance of the public peace at the high-security site.

    • On-site nuclear response force

      • 27.2 (1) A licensee who operates a high-security site shall at all times maintain an on-site nuclear response force that is composed of nuclear security officers who are

        • (a) designated as peace officers under subsection 27.3(1);

        • (b) trained in the handling and use of firearms, prohibited weapons and prohibited devices and qualified to handle and use them;

        • (c) posted to the high-security site on a permanent basis; and

        • (d) armed and equipped in accordance with the regulations.

      • Additional training

        (2) If the licensee acquires any firearms, prohibited weapons or prohibited devices in accordance with an authorization granted under subsection 27.4(1), the licensee shall ensure that the members of the on-site nuclear response force are trained in the handling and use of those firearms, prohibited weapons or prohibited devices and that the members are qualified to handle and use them.

      • Exemption

        (3) The licensee is not required to comply with subsection (1) if the licensee

        • (a) makes on-site security arrangements with a local, provincial or federal police service or with the Canadian Forces that meet the prescribed requirements and are approved by the Commission; or

        • (b) takes other security measures that meet the prescribed requirements and are approved by the Commission.

    • Peace officer designation

      • 27.3 (1) The Commission may, in accordance with the regulations,

        • (a) designate any nuclear security officer as a peace officer for a high-security site; and

        • (b) suspend or revoke the designation.

      • Effect of designation

        (2) Subject to subsection (3), a nuclear security officer who is designated as a peace officer is a peace officer within the meaning of the Criminal Code for the purpose of performing their duties and functions at the high-security site for which they are designated and for the purpose of performing any prescribed off-site duties and functions that are ancillary to their duties and functions at the site.

      • Limits on powers

        (3) A nuclear security officer who is designated as a peace officer may exercise only the following powers as a peace officer and may do so only at the high-security site for which they are designated:

        • (a) verifying the identity of any individual;

        • (b) conducting searches of individuals and things;

        • (c) arresting without a warrant, in accordance with the Criminal Code, any individual whom the nuclear security officer finds committing an offence under this Act, the Criminal Code or the Controlled Drugs and Substances Act that poses a risk to the safety or security of the site or any individual whom the nuclear security officer believes on reasonable grounds has committed or is about to commit such an offence at the site; and

        • (d) seizing any thing

          • (i) that the nuclear security officer believes on reasonable grounds poses a risk to the safety or security of the site, or

          • (ii) in relation to which the nuclear security officer believes on reasonable grounds that an offence referred to in paragraph (c) has been, is being or is about to be committed.

      • Use of force

        (4) Subsections 25(1), (3) and (4) of the Criminal Code apply to a nuclear security officer who is designated as a peace officer only when they are exercising their powers as a peace officer at the high-security site for which they are designated.

      • Arrested individuals and seized things

        (5) If a nuclear security officer who is designated as a peace officer arrests an individual under paragraph (3)(c) or seizes a thing under paragraph (3)(d), the nuclear security officer shall arrange for the appropriate police service to take custody of the individual or thing as soon as feasible after the arrest or seizure.

      • Complaints process

        (6) The Commission shall, in accordance with the regulations, ensure that there is a process for handling complaints with respect to the conduct of nuclear security officers in the exercise of their powers or the performance of their duties and functions as peace officers.

    • Firearms, prohibited weapons and prohibited devices

      • 27.4 (1) Despite Part III of the Criminal Code and the Firearms Act, and subject to subsection (2), the Commission may grant an authorization, with or without conditions, to a licensee who operates a high-security site to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices in order to carry out the responsibility referred to in subsection 27.1(1).

      • Restriction

        (2) An authorization granted under subsection (1) may authorize a licensee to transfer firearms, prohibited weapons and prohibited devices only to a public service agency or to another licensee to whom an authorization has been granted under that subsection.

      • Transfer to licensee

        (3) Despite Part III of the Criminal Code and the Firearms Act, the Commission, a public service agency or any person in lawful possession of firearms, prohibited weapons or prohibited devices may transfer firearms, prohibited weapons and prohibited devices to a licensee to whom an authorization has been granted under subsection (1).

      • Reporting to Registrar of Firearms

        (4) A licensee to whom an authorization is granted under subsection (1) shall, as if the licensee were a public service agency, provide the Registrar of Firearms referred to in section 82 of the Firearms Act with the advisory information referred to in section 12 of the Public Agents Firearms Regulations and the reports referred to in sections 8 to 10, 11, 13, 14 and 16 of those Regulations. However, any reference to “October 31, 2008” in those Regulations is to be read as a reference to the day on which the authorization is granted to the licensee and any reference to “October 31, 2009” in those Regulations is to be read as a reference to the first anniversary of the day on which the authorization is granted.

      • Reporting to Commission

        (5) A licensee to whom an authorization is granted under subsection (1) shall, in accordance with the regulations, report to the Commission with respect to the advisory information and reports that the licensee provides under the Public Agents Firearms Regulations.

      • Definition of public service agency

        (6) In this section, public service agency has the same meaning as in section 1 of the Public Agents Firearms Regulations.

    • Delegation to President

      27.5 The Commission may delegate to the President the powers conferred on it under subsection 27.3(1) or section 27.4.

• — 2023, c. 32, s. 51

  • 51 Subsection 44(1) of the Act is amended by adding the following after paragraph (m):

    • (m.1) respecting the designation of employees of a licensee who operates a high-security site as nuclear security officers and the suspension or revocation of those designations;

    • (m.2) respecting the powers, duties and functions of nuclear security officers, including

      • (i) any duties to be performed off-site that are ancillary to their duties at a high-security site, and

      • (ii) their powers, duties and functions as members of an on-site nuclear response force;

    • (m.3) respecting the carrying, handling, use, storage and transportation of prohibited weapons by nuclear security officers who are not members of an on-site nuclear response force in the exercise of their powers or the performance of their duties and functions and respecting the equipment that is to be provided to them for the purposes of exercising those powers or performing those duties and functions;

    • (m.4) respecting the carrying, handling, use, storage and transportation of firearms, prohibited weapons and prohibited devices by members of an on-site nuclear response force in the exercise of their powers or the performance of their duties and functions and respecting the equipment that is to be provided to them for the purposes of exercising those powers or performing those duties and functions;

    • (m.5) respecting the designation of nuclear security officers as peace officers and the suspension or revocation of those designations;

    • (m.6) respecting the process for handling complaints with respect to the conduct of nuclear security officers in the exercise of their powers or the performance of their duties and functions as peace officers, including the filing and reviewing of complaints and the manner in which they are to be resolved;

    • (m.7) respecting authorizations granted under subsection 27.4(1);

    • (m.8) respecting the powers, duties and functions of the Registrar of Firearms in relation to the requirements set out in subsection 27.4(4), including the assignment of identification numbers to licensees and firearms;

    • (m.9) respecting a licensee’s obligation to report to the Commission under subsection 27.4(5);