Nuclear Safety and Control Act — N-28.3 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) a