Nuclear Security Regulations (SOR/2000-209)

Interpretation

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) could have access to 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 could endanger the health or safety of any person; or

• (b) results or could 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, whose sabotage could pose an unreasonable risk to the environment or to the health or 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)

PART 1Security of Certain Nuclear Material and Nuclear Facilities

Application

2 This Part applies in respect of

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

• (b) a nuclear power plant.

Licence Applications

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

3 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 arrangements 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 officer service, including the duties, responsibilities and training of nuclear security officers;

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

• (g) the current threat and risk assessment.

Licence in Respect of Category III Nuclear Material

4 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 be taken to ensure compliance with subsection 7(3) and sections 7.1 and 7.2.

Licence to Transport Category I, II or III Nuclear Material

5 An application for a licence to transport Category I, II or III nuclear material shall contain, in addition to any other information required by section 7 of the Packaging and Transport of Nuclear Substances Regulations, 2015, 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 land vehicle transporting the nuclear material, the recipient of the material and any off-site response force along the route;

• (f) the arrangements made between the licensee and any off-site 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

• 6 (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 Relating to Category I, II or III Nuclear Material

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

• 7 (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) an area that is under the direct visual surveillance of the licensee; or

  • (c) an area 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.

Requirements Concerning Category III Nuclear Material

• 7.1 (1) Subject to subsection (2), if a licensee processes, uses or stores Category III nuclear material in an area referred to in paragraph 7(3)(c), the licensee shall ensure that the area is equipped with devices that

  • (a) detect any intrusion into it;

  • (b) detect any unauthorized removal of Category III nuclear material;

  • (c) detect any tampering that may cause any of the devices to malfunction or cease to function; and

  • (d) when an event referred to in paragraph (a), (b) or (c) is detected, set off a continuous alarm signal that is both audible and visible to a person in the service of the licensee or of an alarm monitoring service under contract to the licensee.

• (2) A licensee need not comply with subsection (1) if it takes physical protection measures in respect of the area that provide the same level of protection as the devices referred to in that subsection.