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Version of document from 2006-03-22 to 2006-11-13:

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 and Application

Interpretation

 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 the schedule that is in the corresponding form set out in column 2 and the corresponding quantity set out in column 3 of the schedule. (matière nucléaire de catégorie I)

Category II nuclear material

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

Category III nuclear material

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

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 equipped with firearms or explosives from committing an act of sabotage or from removing Category I, II or III nuclear material otherwise than in accordance with a licence. (défense efficace)

inner area

inner area means an area that meets the requirements of sections 12, 13 and 14. (zone intérieure)

licensee

licensee means 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 facility referred to in paragraph 2(b) of these Regulations. (titulaire de permis)

nuclear security guard

nuclear security guard means a person who is authorized by a licensee, in accordance with section 31, to act as a nuclear security guard at a nuclear facility referred to in paragraph 2(b). (garde de sécurité nucléaire)

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 meets the requirements of sections 9, 10 and 11. (zone protégée)

response force

response force means a local, provincial or federal police force detachment, a Canadian Armed Forces unit or any other force trained in the use of firearms that is authorized under any Act or regulation to carry firearms and qualified to use them. (force d'intervention)

security monitoring room

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

unobstructed area

unobstructed area means an area referred to in section 10. (zone libre)

Application

 These Regulations apply in respect of

  • (a) Category I nuclear material, Category II nuclear material and Category III nuclear material; and

  • (b) a nuclear facility consisting of a nuclear reactor that may exceed 10 MW thermal power during normal operation.

Licence Applications

Licence in Respect of Category I or II Nuclear Material or a Nuclear Facility

 An application for a licence in respect of Category I or II nuclear material, other than a licence to transport, and an application for a licence in respect of a nuclear facility referred to in paragraph 2(b) shall contain the following information in addition to the information required by section 3 of the Nuclear Substances and Radiation Devices Regulations or sections 3 to 8 of the Class I Nuclear Facilities Regulations, as applicable:

  • (a) a copy of the written protection arrangements made with a response force, referred to in section 35;

  • (b) the site plan referred to in section 16;

  • (c) a description of the proposed security equipment, systems and procedures;

  • (d) a description of the proposed on-site and off-site communications equipment, systems and procedures;

  • (e) a description of the proposed structure and organization of the nuclear security guard service, including the duties, responsibilities and training of nuclear security guards; and

  • (f) the proposed plan and procedures to assess and respond to breaches of security.

Licence in Respect of Category III Nuclear Material

 An application for a licence in respect of Category III nuclear material, other than a licence to transport, shall contain, in addition to the information required by section 3 of the Nuclear Substances and Radiation Devices Regulations, a description of the measures to ensure compliance with subsection 7(3).

Licence to Transport Category I, II or III Nuclear Material

 An application for a licence to transport Category I, II or III nuclear material shall contain, in addition to any other information required by sections 3 to 5 of the Packaging and Transport of Nuclear Substances Regulations, a written transportation security plan that includes

  • (a) the name, quantity, radiation level in Gy/h, chemical and physical characteristics and isotopic composition of the nuclear material;

  • (b) a threat assessment consisting of an evaluation of the nature, likelihood and consequences of acts or events that may place prescribed information or nuclear material at risk;

  • (c) a description of the conveyance;

  • (d) the proposed security measures;

  • (e) the communication arrangements made among the licensee, the operator of the vehicle transporting the nuclear material, the recipient of the material, and any response force along the route;

  • (f) the arrangements made between the licensee and any response force along the route;

  • (g) the planned route; and

  • (h) the alternate route to be used in case of an emergency.

Exemption from Licence Requirement

  •  (1) A person may, without a licence to carry on that activity, transport Category I, II or III nuclear material within an area in which the material is required by section 7 to be processed, used or stored.

  • (2) For greater certainty, the exemption established in subsection (1) relates only to the activity specified in that subsection and does not derogate from the licence requirement imposed by section 26 of the Act in relation to other activities.

General Obligations

Areas for Processing, Use and Storage of Category I, II or III Nuclear Material

  •  (1) Every licensee shall process, use and store Category I nuclear material in an inner area.

  • (2) Every licensee shall process, use and store Category II nuclear material in a protected area.

  • (3) Every licensee shall process, use and store Category III nuclear material in

    • (a) a protected area;

    • (b) a place that is under the direct visual surveillance of the licensee; or

    • (c) a place to which access is controlled by the licensee and that is designed and constructed to prevent persons from gaining unauthorized access to the Category III nuclear material by using hand-held tools.

Location of Nuclear Facility

 Every nuclear facility referred to in paragraph 2(b) shall be located in a protected area.

Requirements Concerning Protected and Inner Areas

Barrier Enclosing Protected Area

  •  (1) Every protected area shall be enclosed by a barrier that is located at its perimeter.

  • (2) The barrier must be designed and constructed to inhibit any unauthorized entry into the protected area and must be one or a combination of the following structures:

    • (a) a fence at least 2.4 m in height constructed of wire chain links made of wire not smaller than gauge number 11, having openings whose sides do not exceed 6 cm in length, and topped with at least three strands of barbed wire or barbed tape installed parallel to the fence on brackets angled outward;

    • (b) a wall at least 2.4 m in height, including any wall that forms part of a building, constructed of steel, wood, concrete, masonry or other substantial material or composites of such materials and, if it does not form part of a building, topped with at least three strands of barbed wire or barbed tape installed parallel to the wall on brackets angled outward; or

    • (c) a structure that provides the same level of protection as those referred to in paragraphs (a) and (b).

  • (3) Each gate, door, window or other means of entry or exit in the barrier shall be

    • (a) constructed so that it can be closed and locked; and

    • (b) kept closed and locked except when it is under the direct visual surveillance of a nuclear security guard.

  • (4) The barrier shall be continuously illuminated at an intensity sufficient to permit clear observation of the barrier.

Unobstructed Area Surrounding Protected Area

  •  (1) Every protected area shall be surrounded by an unobstructed area that is located outside the barrier required by section 9 and that extends at least 5 m away from every point of the barrier.

  • (2) The unobstructed area shall be

    • (a) free of any structure, equipment or other obstruction that could be used to penetrate or surmount the barrier or to restrict observation of the unobstructed area; and

    • (b) continuously illuminated at an intensity sufficient to permit clear observation of any person within the unobstructed area.

Protected Area Intrusion Detection

 Every protected area shall be

  • (a) equipped with devices that

    • (i) detect any intrusion into the protected area,

    • (ii) detect any tampering that may cause any of the devices to malfunction or cease to function,

    • (iii) when an event referred to in subparagraph (i) or (ii) is detected, set off a continuous alarm signal that is both audible and visible in a security monitoring room and that can be stopped only by a nuclear security guard, and

    • (iv) facilitate an immediate assessment of the cause of the alarm; or

  • (b) kept under the direct visual surveillance of a nuclear security guard who is equipped with a device that can set off a continuous alarm signal that

    • (i) is both audible and visible in a security monitoring room, and

    • (ii) can be stopped only by a nuclear security guard from the security monitoring room.

Location of Inner Area

 Every inner area shall be located within a protected area.

Structure or Barrier Enclosing Inner Area

  •  (1) Every inner area shall be totally enclosed by a structure or barrier that is designed and constructed to prevent, alone or in combination with other structures or barriers, persons from completing both of the following actions before a response force can make an effective intervention:

    • (a) gaining unauthorized access to Category I nuclear material by using hand-held tools, firearms or explosives; and

    • (b) removing the nuclear material from the inner area.

  • (2) The structure or barrier that encloses an inner area shall be located at least 5 m away from every point of the barrier that encloses the protected area.

  • (3) Each gate, door, window or other means of entry or exit in the structure or barrier that encloses an inner area shall be kept closed and locked with a device that, from outside the structure or barrier, can only be unlocked by two persons at the same time.

Inner Area Intrusion Detection

 Every inner area shall be

  • (a) equipped with devices that

    • (i) detect the intrusion of any person or thing into, the passage of any person or thing out of, and the movement of any person or thing within the inner area,

    • (ii) detect any tampering that may cause any of the devices to malfunction or cease to function,

    • (iii) when an event referred to in subparagraph (i) or (ii) is detected, set off a continuous alarm signal that is both audible and visible in a security monitoring room and in at least one other attended place outside the inner area and that can be stopped only by a nuclear security guard from the security monitoring room or by a person who is authorized to enter the inner area in accordance with section 18 from another attended place outside the inner area, and

    • (iv) facilitate an immediate assessment of the cause of the alarm; or

  • (b) kept under the direct visual surveillance of a nuclear security guard who is equipped with a device that can set off a continuous alarm signal that

    • (i) is both audible and visible in a security monitoring room and in at least one other attended place outside the inner area, and

    • (ii) can be stopped only by a nuclear security guard from the security monitoring room or by a person who is authorized to enter the inner area in accordance with section 18 from another attended place outside the inner area.

Security Monitoring Room

  •  (1) Every licensee shall monitor all of the devices required by these Regulations from a security monitoring room, access to which is controlled by the licensee.

  • (2) The security monitoring room shall be

    • (a) located outside any inner area;

    • (b) designed and constructed so as to resist forced entry by the use of hand-held tools or firearms;

    • (c) equipped with

      • (i) a two-way radio that can be used to communicate with a response force,

      • (ii) an alarm device that can be used at any time to alert a response force,

      • (iii) a telephone, and

      • (iv) equipment that permits direct communication with each nuclear security guard who is stationed outside the security monitoring room;

    • (d) located and equipped so as to enable a nuclear security guard inside the security monitoring room to receive and acknowledge the audible and visible alarm signals referred to in subparagraph 11(a)(iii), paragraph 11(b), subparagraph 14(a)(iii) and paragraph 14(b); and

    • (e) attended at all times by at least one nuclear security guard.

Site Plan

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

  • (a) the perimeter of the nuclear facility referred to in paragraph 2(b);

  • (b) the barrier enclosing every protected area;

  • (c) the protected areas;

  • (d) the unobstructed areas;

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

  • (f) the inner areas.

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.

  • (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; and

    • (e) the person’s occupation.

  • (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) A licensee shall issue an authorization to enter a protected area subject to any terms and conditions that are necessary to ensure 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.

Entry into Inner Area with Commission's Authorization

  •  (1) Subject to subsection 20(1), no person shall enter an inner area without the recorded authorization of the Commission and the recorded authorization of the licensee to enter the protected area, issued under section 17.

  • (2) An application to the Commission for an authorization to enter an inner area shall be signed by the licensee and the person for whom the authorization is sought, and shall contain the following information and documents:

    • (a) a copy of the identification report referred to in subsection 17(2);

    • (b) Personnel Security Clearance Questionnaire form TBS/SCT 330-60, as amended from time to time, completed and signed by the person for whom the authorization is sought;

    • (c) Personnel Screening Request and Authorization form TBS/SCT 330-23, as amended from time to time, completed and signed by the person for whom the authorization is sought;

    • (d) a description of the purpose for which entry into the inner area is required;

    • (e) a record emanating from the Canadian Police Information Centre, showing the results of the Centre's criminal record name check on the person for whom the authorization is sought; and

    • (f) at the request of the Commission, any other information that the Commission requires for the purpose of subsection (3).

  • (3) The Commission shall issue an authorization to enter an inner area to a person after receiving an application referred to in subsection (2) if there are reasonable grounds to believe that the entry of the person into the inner area will not give rise to a risk to the security of the area.

  • (4) The Commission shall issue an authorization to enter an inner area for any term, up to a maximum of five years, and subject to any terms and conditions that are necessary to minimize the risk to the security of the area.

  • (5) Every licensee shall give to a person for whom an authorization to enter an inner area has been sought, on the person's request, copy of any information or documents referred to in subsection (2) that the licensee possesses.

Refusal of Commission to Authorize Entry into Inner Area

  •  (1) The Commission shall notify a licensee and a person who have applied for the authorization of the person to enter an inner area of a proposed decision not to authorize the person to enter the inner area, as well as the basis for the proposed decision, at least 30 days before refusing to issue an authorization.

  • (2) The notice shall include a description of the licensee's and the person's right to be provided with an opportunity to be heard in accordance with subsection (3).

  • (3) If a licensee or a person referred to in subsection (1) has received a notice and has requested, within 30 days after the date of receipt of the notice, an opportunity to be heard either orally or in writing, the licensee or the person shall be provided with such an opportunity in accordance with the request.

  • (4) On completion of a hearing held in accordance with subsection (3), the licensee and the person shall be notified of the decision and the reasons for it.

  • (5) If neither the licensee nor the person requests an opportunity to be heard within the 30-day period, they shall be notified of the decision and the reasons for it.

Entry into Inner Area without Commission's Authorization

  •  (1) A person may enter an inner area without the recorded authorization of the Commission if the person enters for the purpose of performing duties that are required by the licensee or the Commission and the person has a written authorization to enter issued by the licensee.

  • (2) A licensee shall, before issuing the authorization to enter an inner area, obtain the following information:

    • (a) the name of the person who is to be authorized;

    • (b) the address of the person's principal residence; and

    • (c) the name and business address of the person's employer.

  • (3) A licensee shall issue an authorization to enter an inner area subject to the condition that the authorized person must be escorted within the inner area at all times by a person who has the recorded authorization of the Commission to enter the area.

  • (4) No licensee shall permit a person who has an authorization issued under this section to enter or remain in the inner area unless the person is escorted at all times by a person who has the recorded authorization of the Commission to enter that area.

Revocation by Licensee of Authorization to Enter

 A licensee may revoke an authorization to enter a protected area issued under section 17 or an authorization to enter an inner area issued under section 20.

Revocation by Commission of Authorization to Enter

  •  (1) The Commission may revoke an authorization to enter a protected area issued to a person under section 17 or an authorization to enter an inner area issued to a person under section 18 or 20 if there are reasonable grounds to believe that the entry of the person into the protected area or inner area will give rise to a risk to the security of the area.

  • (2) If the Commission revokes an authorization to enter a protected area or an inner area, it shall immediately notify the person whose authorization has been revoked and the licensee concerned of the revocation and the reasons for it.

  • (3) If a person or a licensee referred to in subsection (2) has received a notice and has requested, within 30 days after the date of receipt of the notice, an opportunity to be heard either orally or in writing, the person or the licensee shall be provided with such an opportunity in accordance with the request.

  • (4) On completion of a hearing held in accordance with subsection (3), the person and the licensee shall be notified of the decision to confirm or cancel the revocation and the reasons for it.

Unlocking and Opening Means of Entry into Inner Area

  •  (1) No licensee shall permit a gate, door, window or other means of entry or exit in the structure or barrier that encloses an inner area to be unlocked, opened or kept open unless

    • (a) it is kept open only for the time required to allow the passage of persons or things into or out of the inner area; and

    • (b) while it is open, it is kept under the direct visual surveillance of a nuclear security guard who is dedicated exclusively to that task.

  • (2) No licensee shall permit a gate, door, window or other means of entry or exit in the structure or barrier that encloses an inner area to be unlocked from the outside unless it is unlocked by two persons who are authorized to enter the inner area in accordance with section 18, only one of whom is a nuclear security guard.

Unauthorized Persons

  •  (1) No licensee shall permit an unauthorized person to enter or remain in a protected area or an inner area.

  • (2) If a person sees anyone in a protected area or an inner area who the person believes, on reasonable grounds, is not authorized to be in the area, the person shall immediately report that fact to the nearest nuclear security guard.

Monitoring and Preventing Entry

 Every licensee shall ensure that weapons and explosives are not taken into a protected area or an inner area unless they are under the control of a nuclear security guard or the members of a response force.

Monitoring and Preventing Removal

 Every licensee shall ensure that Category I, II or III nuclear material is not removed from a protected area or an inner area unless the removal is carried out in accordance with a licence.

Searches

  •  (1) Every licensee shall post, at the entrance to each protected area and inner area, a sign that is visible to any person who is about to enter the area, stating that the licensee may not permit persons to

    • (a) enter the area unless they allow a nuclear security guard to search them and everything in their possession, including any vehicle, for weapons and explosives; and

    • (b) leave the area unless they allow a nuclear security guard to search them and everything in their possession, including any vehicle, for Category I, II or III nuclear material.

  • (2) No licensee shall permit a person who has an authorization to enter a protected area issued under subsection 17(3) or an authorization to enter an inner area issued under section 20 to

    • (a) enter the protected area or the inner area unless the person and everything in their possession, including any vehicle, have been searched for weapons and explosives by a nuclear security guard; and

    • (b) leave the protected area or the inner area unless the person and everything in their possession, including any vehicle, have been searched for Category I, II or III nuclear material by a nuclear security guard.

  • (3) Subject to subsection (4), no licensee who has a reasonable suspicion that a person who has an authorization to enter a protected area issued under subsection 17(2) or an authorization to enter an inner area issued under section 18 has in their possession weapons or explosives that are not under the control of a nuclear security guard or the members of a response force or Category I, II or III nuclear material without the authorization of the licensee, shall permit the person to

    • (a) enter the protected area or the inner area unless the person and everything in their possession, including any vehicle, have been searched for the weapons and explosives by a nuclear security guard; or

    • (b) leave the protected area or the inner area unless the person and everything in their possession, including any vehicle, have been searched for the Category I, II or III nuclear material by a nuclear security guard.

  • (4) No licensee who has a reasonable suspicion that a person who is in a protected area or an inner area has in their possession weapons or explosives that are not under the control of a nuclear security guard or members of a response force or has in their possession Category I, II or III nuclear material without the authorization of the licensee shall permit the person to remain in either area without the person or anything in their possession, including any vehicle, being searched by a nuclear security guard for the weapons, explosives or nuclear material.

  • (5) A search of a person conducted under this section shall be

    • (a) a non-intrusive search carried out by means of a hand-held scanner, a walk-through scanner or any similar device; and

    • (b) if a nuclear security guard determines that it is necessary in order to maintain security, a frisk search carried out by a person of the same sex as the person being searched and extending from head to foot, down the front and rear of the body, around the legs and inside clothing folds, pockets and footwear.

  • (6) A search of things, including vehicles, under this section shall be carried out by a direct inspection of the thing or by means of a scanner or any similar device.

Prohibited Activities

  •  (1) No person who refuses to submit to a search referred to in section 27 shall enter or leave a protected area or an inner area.

  • (2) No person shall

    • (a) take any weapons or explosives into a protected area or an inner area unless they are under the control of a nuclear security guard or the members of a response force; or

    • (b) remove any Category I, II or III nuclear material from a protected area or an inner area without the authorization of the licensee.

Exception for Inspectors

 Sections 17 to 22 do not apply to or in respect of an inspector who is designated to inspect a protected area or an inner area under section 29 of the Act.

Nuclear Security Guards

Number and Duties

 Every licensee shall have available at a nuclear facility referred to in paragraph 2(b), at all times, a sufficient number of nuclear security guards to enable the licensee to comply with these Regulations and to do the following:

  • (a) control the movement of persons, material and vehicles;

  • (b) conduct searches of persons, material and vehicles for weapons, explosives and Category I, II or III nuclear material;

  • (c) conduct preventive foot and vehicle patrols of the nuclear facility and the perimeter of the protected area to inspect for security breaches and vulnerabilities;

  • (d) respond to and assess alarm incidents;

  • (e) apprehend and detain unarmed intruders;

  • (f) observe and report on the movements of armed intruders; and

  • (g) operate security equipment and systems.

Authorization

  •  (1) No licensee shall authorize a person to act as a nuclear security guard at a nuclear facility referred to in paragraph 2(b) without the written consent of the Commission.

  • (2) An application to the Commission for its consent to the authorization of a person to act as a nuclear security guard shall be signed by the licensee concerned and shall contain the following information and documents concerning the person in respect of whom the consent is sought:

    • (a) the information and documents referred to in subsection 17(2);

    • (b) Personnel Security Assessment for Level I and II form TBS/SCT 330-279, as amended from time to time, completed and signed by the person;

    • (c) Personnel Screening Request and Authorization form TBS/SCT 330-23, as amended from time to time, completed and signed by the person;

    • (d) a record emanating from the Canadian Police Information Centre, showing the results of the Centre's criminal record name check on the person;

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

    • (f) a medical certificate, signed by a doctor who is licensed to practise medicine in the province where the person will be assigned, certifying that the person is mentally and physically able to perform the tasks that are likely to be assigned by the licensee.

  • (3) The Commission shall give its consent to the licensee and the person after receiving an application referred to in subsection (2) if there are reasonable grounds to believe that the authorization of the person will not give rise to a risk to the security of the nuclear facility.

  • (4) The Commission shall give its consent subject to any terms and conditions that are necessary to minimize the risk to the security of the nuclear facility.

  • (5) Every licensee shall give to a person in respect of whom a consent has been sought, on the person's request, a copy of any information and documents referred to in subsection (2) that the licensee possesses.

  • 2001, c. 27, s. 273

Refusal of Consent by Commission

  •  (1) The Commission shall notify a licensee who has applied for the Commission's consent to the authorization of a person to act as a nuclear security guard, and the person in respect of whom the consent has been sought, of a proposed decision not to give its consent, as well as the basis for the proposed decision, at least 30 days before refusing to give its consent.

  • (2) The notice shall include a description of the licensee's and the person's right to be provided with an opportunity to be heard in accordance with subsection (3).

  • (3) If a licensee or a person referred to in subsection (1) has received a notice and has requested, within 30 days after the date of receipt of the notice, an opportunity to be heard either orally or in writing, the licensee or the person shall be provided with such an opportunity in accordance with the request.

  • (4) On completion of a hearing held in accordance with subsection (3), the licensee and the person shall be notified of the decision and the reasons for it.

  • (5) If neither the licensee nor the person requests an opportunity to be heard within the 30-day period, they shall be notified of the decision and the reasons for it.

Revocation of Consent by Commission

  •  (1) The Commission may revoke its consent to the authorization of a person to act as a nuclear security guard if there are reasonable grounds to believe that the person poses or could pose a risk to the security of a nuclear facility referred to in paragraph 2(b).

  • (2) If the Commission revokes its consent to the authorization of a person to act as a nuclear security guard, it shall immediately notify the licensee and the person concerned of the revocation and the reasons for it.

  • (3) If a licensee or a person referred to in subsection (2) has received a notice and has requested, within 30 days after the date of receipt of the notice, an opportunity to be heard either orally or in writing, the licensee or the person shall be provided with such an opportunity in accordance with the request.

  • (4) On completion of a hearing held in accordance with subsection (3), the licensee and the person shall be notified of the decision to confirm or cancel the revocation and the reasons for it.

Training

  •  (1) Every licensee shall train each of its nuclear security guards in respect of the relevant and current security duties and responsibilities.

  • (2) Every licensee shall, immediately before authorizing a person to act as a nuclear security guard, examine the person's familiarity with the relevant and current security duties and responsibilities.

Protection Arrangements and Security Drills

Protection Arrangements with Response Force

  •  (1) Every licensee shall make written arrangements with a response force to provide for the protection of Category I nuclear material, Category II nuclear material and a nuclear facility referred to in paragraph 2(b).

  • (2) The arrangements shall include provisions

    • (a) to ensure that immediate communication between the security monitoring room and the response force can be established at any time;

    • (b) to ensure that the response force can make an effective intervention when requested to do so by the licensee;

    • (c) for the installation of a two-way radio referred to in subparagraph 15(2)(c)(i) and an alarm device referred to in subparagraph 15(2)(c)(ii);

    • (d) for annual familiarization visits to the nuclear facility by officers of the response force; and

    • (e) for consultation among the licensee, the response force and the Commission regarding the arrangements, the resources and equipment available to the licensee and the response force, and any other matter relating to the security of the nuclear facility.

Security Drills

 Every licensee shall conduct a security drill at least once every six months to test the operation of the security equipment, systems and procedures at a nuclear facility referred to in paragraph 2(b).

Records To Be Kept, Retained and Made Available

  •  (1) Every licensee shall

    • (a) keep a record of the name of each person to whom an authorization to enter a protected area or an inner area has been issued;

    • (b) retain the record for one year after the authorization expires or is revoked; and

    • (c) make a copy of the record available to its nuclear security guards.

  • (2) Every licensee shall keep a record of the duties and responsibilities of its nuclear security guards and shall give a copy of that record to each of them.

  • (3) Every licensee shall keep a record of the training received by each of its nuclear security guards.

Coming into Force

 These Regulations come into force on the day on which they are approved by the Governor in Council.

SCHEDULE(Section 1)

CATEGORY I, II AND III NUCLEAR MATERIAL

Column 1Column 2Column 3Column 4Column 5
ItemNuclear SubstanceFormQuantity

(Category I)Footnote for CATEGORY I, II AND III NUCLEAR MATERIAL 1

Quantity

(Category II)Footnote for CATEGORY I, II AND III NUCLEAR MATERIAL 1

Quantity

(Category III)Footnote for CATEGORY I, II AND III NUCLEAR MATERIAL 1

1PlutoniumFootnote for CATEGORY I, II AND III NUCLEAR MATERIAL 2UnirradiatedFootnote for CATEGORY I, II AND III NUCLEAR MATERIAL 32 kg or moreLess than 2 kg, but more than 500 g500 g or less, but more than 15 g
2Uranium 235UnirradiatedFootnote for CATEGORY I, II AND III NUCLEAR MATERIAL 3 — uranium enriched to 20% 235U or more5 kg or moreLess than 5 kg, but more than 1 kg1 kg or less, but more than 15 g
3Uranium 235UnirradiatedFootnote for CATEGORY I, II AND III NUCLEAR MATERIAL 3 — uranium enriched to 10% 235U or more, but less than 20% 235UN/A10 kg or moreLess than 10 kg, but more than 1 kg
4Uranium 235UnirradiatedFootnote for CATEGORY I, II AND III NUCLEAR MATERIAL 3 — uranium enriched above natural, but less than 10% 235UN/AN/A10 kg or more
5Uranium 233UnirradiatedFootnote for CATEGORY I, II AND III NUCLEAR MATERIAL 32 kg or moreLess than 2 kg, but more than 500 g500 g or less, but more than 15 g
6Fuel consisting of depleted or natural uranium, thorium or low-enriched fuel (less than 10% fissile content)Footnote for CATEGORY I, II AND III NUCLEAR MATERIAL 4IrradiatedN/AMore than 500 g of plutonium500 g or less, but more than 15 g of plutonium
  • Return to footnote 1The quantities listed refer to the aggregate of each kind of nuclear substance located at a facility, excluding the following (which are considered separate quantities):

    • (a) any quantity of the nuclear substance that is not within 1 000 m of another quantity of the nuclear substance; and

    • (b) any quantity of the nuclear substance that is located in a locked building or a structure offering similar resistance to unauthorized entry.

  • Return to footnote 2All plutonium except that with isotopic concentration exceeding 80% in plutonium 238.

  • Return to footnote 3Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to or less than 1 Gy/h at 1 m unshielded.

  • Return to footnote 4Other fuel that by virtue of its original fissile content is classified as Category I or II before irradiation may be reduced one category level while the radiation level from the fuel exceeds 1 Gy/h at 1 m unshielded.

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