GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nuclear Security Regulations — 33
Record to be kept — firearms 33 A licensee must keep a record that sets out the following information in respect of each of its nuclear security officers whose duties require them to carry a firearm: (a) the officer’s name; (b) information that demonstrates that the officer is authorized to carry firearms in Canada and is trained and qualified to use them; and (c) whether or not the officer is a member of the on-site nuclear response force.
Nuclear Security Regulations — 34
On-site nuclear response force required 34 (1) Subject to subsection (2), a licensee must maintain an on-site nuclear response force that, in combination with the off-site response force and the nuclear security measures for the high-security site, is capable of making an effective intervention, taking into account the design basis threat and any other threat identified in the threat and risk assessment. Exception (2) The licensee is not required to maintain an on-site nuclear response force if (a) it implements nuclear security measures that are capable of ensuring that an effective intervention can be made, taking into account the design basis threat and any other threat identified in the threat and risk assessment; and (b) at least 90 days before the first day on which the high-security site will operate without an on-site nuclear response force, it provides to the Commission notice in writing of its intent not to maintain one, a description of the measures referred to in paragraph (a) and information that demonstrates how implementation of those measures will ensure that an effective intervention can be made, taking into account the design basis threat and any other threat identified in the threat and risk assessment. Firearms (3) The licensee must ensure that every nuclear security officer who is a member of its on-site nuclear response force is authorized to carry firearms in Canada and is trained and qualified to use them. Equipment (4) The licensee must provide nuclear security officers who are members of the on-site nuclear response force with the equipment, devices and apparel that are necessary to make an effective intervention, taking into account the design basis threat and any other threat identified in the threat and risk assessment.
Nuclear Security Regulations — 35
Arrangements with off-site response force 35 In addition to meeting the requirements of section 14 , the written arrangements made between the licensee and the off-site response force in respect of a high-security site must provide for (a) the means by which an immediate and continuous communication capability is to be established between the central alarm station, the backup alarm station, nuclear security officers and the off-site response force; (b) the means by which the off-site response force, if requested by the licensee, is to assist the on-site nuclear response force, if any, in making an effective intervention, taking into account the design basis threat and any threat set out in the threat and risk assessment; (c) the duties of the on-site nuclear response force, if any, when responding to nuclear security events and how the on-site nuclear response force will integrate their response with that of the off-site response force; (d) if an on-site nuclear response force is not maintained at the site, the availability of a sufficient number of off-site response force members who are trained and equipped to make an effective intervention, taking into account the design basis threat and any threat set out in the threat and risk assessment; and (e) an annual consultation between the licensee and the off-site response force regarding site familiarization and continuing training.
Nuclear Security Regulations — 36
Plan required 36 A licensee must develop and maintain a contingency plan to ensure that an effective intervention can be made, taking into account the design basis threat and any other threat identified in the threat and risk assessment.
Nuclear Security Regulations — 37
Program elements 37 (1) A licensee must implement a security drill and security exercise program that, by means of physical drills, cyber security drills and security exercises, verifies and evaluates (a) the readiness of security personnel; and (b) the effectiveness of all elements of the contingency plan and the nuclear security system, including the nuclear security measures for the transport of nuclear substances. Program updates (2) The licensee must update the program after each security drill or security exercise if the results of that drill or exercise indicate that an update is necessary.
Nuclear Security Regulations — 38
Security drills 38 (1) A licensee must conduct a security drill at least once every 30 days to test the readiness of its security personnel and the operation of one or more nuclear security measures or one or more elements of the contingency plan. Participation of nuclear security officers (2) The licensee must ensure that, at least once in each quarter of a given year, every nuclear security officer whose duties include the implementation of the contingency plan participates in a security drill.
Nuclear Security Regulations — 39
Security exercise 39 (1) A licensee must, in cooperation with the off-site response force, at least once every two years, conduct a security exercise that tests (a) the ability of all elements of the contingency plan and the nuclear security measures to ensure that an effective intervention can be made, taking into account the design basis threat and any other threat identified in the threat and risk assessment; and (b) the readiness of its security personnel and the off-site response force to respond to the design basis threat and any other threat identified in the threat and risk assessment. Notice to Commission (2) The licensee must notify the Commission in writing of its intent to conduct a security exercise at least four months before the day on which the exercise is to be held.
Nuclear Security Regulations — 40
Records to be kept 40 (1) A licensee must, for each security drill and security exercise that it conducts, keep a record that contains (a) an outline of the scenario for that drill or exercise; (b) an evaluation of the readiness of its security personnel and the off-site response force; (c) an evaluation of the effectiveness of the elements of the contingency plan and the nuclear security measures that were tested; and (d) a description of any corrective actions that, taking the results of those evaluations into account, are necessary. Records to be provided — security exercise (2) The licensee must, within 180 days after the day on which a security exercise is completed, provide to the Commission a copy of the record for that exercise.
Nuclear Security Regulations — 41
Corrective action plan 41 (1) If a corrective action referred to in paragraph 40 (1)(d) is to be implemented using a phased approach, the licensee must create a corrective action plan that sets out (a) the reasons for the corrective action; (b) the rationale for the phased approach; and (c) a timetable that sets out when each phase of the plan will be completed. Implementation (2) The licensee must implement the corrective actions and, if they are to be implemented using a phased approach, each phase must be completed in accordance with the timetable set out in the corrective action plan. Corrective action plan to be provided (3) The licensee must, within 90 days after the day on which the related security drill or security exercise is completed, provide a copy of the corrective action plan, if any, to the Commission.
Nuclear Security Regulations — 42
Central alarm station 42 (1) A licensee must ensure that the nuclear security measures referred to in subparagraphs 61 (2)(a)(i) and (ii) and 68 (1)(a)(i) and (ii) are monitored from a central alarm station. Requirements (2) The central alarm station must be (a) located outside any vital area or inner area; (b) designed, constructed and located so as to resist forced entry, taking into account the design basis threat and any other threat identified in the threat and risk assessment; (c) attended at all times by at least one central alarm station operator; (d) designed or operated so as to prevent a solitary central alarm station operator from tampering with or compromising a nuclear security measure or disabling it without the licensee’s authorization; (e) equipped so as to enable a central alarm station operator inside the central alarm station to receive, assess and acknowledge the alarms referred to in subparagraphs 61 (2)(a)(iii) and (b)(ii) and 68 (1)(a)(iii) and (b)(ii); and (f) equipped with devices that (i) enable and record secure communication with nuclear security officers, nuclear security support persons and the off-site response force, and (ii) are designed and installed such that the failure of one of the devices does not prevent that communication. Entry (3) The licensee must not permit a person to enter the central alarm station unless they are security personnel or otherwise authorized to enter by the licensee and they require entry to carry out their duties. Operational readiness (4) The licensee must implement processes that ensure that the central alarm station maintains operational readiness.
Nuclear Security Regulations — 43
Station requirements 43 (1) A licensee must establish a backup alarm station that is (a) independent from the central alarm station; and (b) designed and equipped such that, in the event that the central alarm station is inoperative or cannot be used, it can carry out the same functions as the central alarm station. Operations (2) The licensee must ensure that the backup alarm station is operated only by security personnel who have received training on its operation. Entry (3) The licensee must not permit a person to enter the backup alarm station unless they are security personnel or otherwise authorized to enter by the licensee and they require entry in order to carry out their duties. Operational readiness (4) The licensee must implement processes that ensure that the backup alarm station maintains operational readiness. Testing (5) The licensee must test the functions of the backup alarm station at least once every five years.
Nuclear Security Regulations — 45
Conditions 45 (1) A licensee may grant an enhanced security clearance to a person if (a) it determines, after verifying the information and documents set out in subsection (2) and taking the factors referred to in subsection 44 (3) into consideration, that the person does not pose an unreasonable risk to the health or safety of persons or the security of the high-security site; or (b) it verifies that the person holds (i) a valid enhanced security clearance granted by another licensee, or (ii) a valid secret or top secret clearance granted under the Directive on Security Screening. Verification of information and documents (2) For the purpose of paragraph (1)(a), the licensee must verify the following information and documents in respect of the person who is seeking the enhanced security clearance: (a) the information and documents referred to in subsection 44 (2); and (b) the results of a credit check. Period and conditions (3) An enhanced security clearance may be granted for a period of no more than five years and must be subject to any terms and conditions that are necessary to minimize the risk to the security of the high-security site.
Nuclear Security Regulations — 46
List of persons 46 (1) A licensee must keep an up-to-date list of each person to whom a clearance has been granted under section 44 or 45 and that identifies their clearance. List to be provided (2) The licensee must, on request, provide a copy of the list to the Commission or an inspector.
Nuclear Security Regulations — 47
Conditions 47 (1) A licensee must revoke a person’s high-security site access clearance or enhanced security clearance if (a) the licensee concludes, based on an investigation, that the person poses or could pose an unreasonable risk to the health or safety of persons or the security of the high-security site; (b) the person is no longer employed by or otherwise under contract to the licensee; (c) the person’s duties have been completed, suspended or otherwise terminated; (d) the person no longer requires the clearance to carry out their duties; or (e) the person provided false or misleading information to obtain the clearance. Commission to be notified (2) The licensee must notify the Commission in writing of any revocation made under paragraph (1)(a) or (e) within five business days after the day on which the revocation is made.
Nuclear Security Regulations — 48
Inspectors 48 (1) Subsection 49 (1) and sections 50 and 51 do not apply to an inspector who is designated to carry out inspections at high-security sites or to a person who is chosen by the inspector to accompany them under section 33 of the Act. First responders (2) Despite subsection 49 (1) and sections 50 and 51 , a member of the off-site response force, a peace officer or a member of an emergency service who requires access to a protected area, vital area or inner area for the purpose of carrying out their duties may enter and remain in the area without having been granted a high-security site access clearance or enhanced security clearance and, in the event of an emergency in that area, without an authorization referred to in paragraph 49 (1)(b) or section 52 .
Nuclear Security Regulations — 49
Requirements to enter and remain 49 (1) A person must not enter or remain in a protected area unless (a) the licensee has granted the person a high-security site access clearance under section 44 or an enhanced security clearance under section 45 ; (b) the licensee has granted the person an authorization to enter and remain in the protected area granted under subsection (2) or (3) or an authorization to enter and remain in an inner area granted under section 52 ; and (c) if the authorization referred to in paragraph (b) is one referred to in subsection (3) or subsection 52 (2), they are escorted in accordance with that authorization. Authorization — without escort (2) The licensee may grant an authorization to a person to enter and remain in a protected area without an escort if (a) it has, in respect of the high-security site, granted the person a high-security site access clearance or an enhanced security access clearance; and (b) it prepares an identification report that contains the following information and documents in respect of the person: (i) their name and date and place of birth, (ii) documentary proof of their lawful presence in Canada, (iii) the address of their principal residence, (iv) a photograph that depicts a frontal view of their face, (v) their occupation, (vi) documentary proof that the licensee has granted them a high-security site access clearance, and (vii) the documents verified by the licensee before granting them a high-security site access clearance. Authorization — with escort (3) The licensee may grant an authorization to a person to enter and remain in a protected area with an escort if (a) the person presents to the licensee (i) in the case of a person who is 18 years of age or over, two pieces of valid government-issued identification, one of which must be photo identification, and (ii) in the case of a person who is under the age of 18, documentary proof of their name and address; and (b) the licensee makes the authorization subject to the condition that the person is, while within the protected area, escorted at all times by a person who, in respect of the high-security site, has been granted a high-security site access clearance or enhanced security clearance. Period (4) An authorization referred to in subsection (2) may be granted for a period of no more than 10 years. Conditions (5) An authorization granted under subsection (2) or (3) must be subject to any terms and conditions that are necessary to minimize the risk to the security of the high-security site. Copy of request for information and documents (6) If requested by the person referred to in subsection (1), the licensee must provide them with a copy of all information and documents relating to the authorization that are in the licensee’s possession and that were provided to the licensee by or on behalf of that person.
Nuclear Security Regulations — 50
Vital area 50 A person must not enter or remain in a vital area unless the licensee has granted the person an authorization for the area under subsection 52 (1) or (2) and, if the authorization is one referred to in subsection 52 (2), the person is escorted in accordance with that authorization.
Nuclear Security Regulations — 51
Inner area 51 A person must not enter or remain in an inner area unless (a) the licensee has granted the person an authorization for the area under subsection 52 (1) and they are accompanied by another person who has been granted an authorization referred to in that subsection; or (b) the licensee has granted the person an authorization for the area under subsection 52 (2) and they are escorted at all times by two other persons who have been granted an authorization referred to in subsection 52 (1).
Nuclear Security Regulations — 52
Authorization — without escort 52 (1) A licensee may grant an authorization to a person to enter and remain without an escort in a vital area or inner area, as the case may be, if (a) it has granted an enhanced security clearance to the person for the high-security site; and (b) the person requires access to the area to carry out a duty required by the licensee. Authorization — with escort (2) The licensee may grant an authorization to a person to enter and remain with an escort in a vital area or inner area, as the case may be, if (a) the person requires access to the area to carry out a duty required by the licensee; (b) it obtains the following information and documents in respect of the person: (i) their name, (ii) the address of their principal residence, (iii) the name and business address of their employer, and (iv) documentary proof of their lawful presence in Canada; (c) it makes, in the case of an authorization to enter and remain in a vital area, the authorization subject to the condition that the person is, while within the area, escorted at all times by a person who is authorized to enter and remain in the area and is equipped with a device that permits them to immediately communicate with the central alarm station; and (d) it makes, in the case of an authorization to enter and remain in an inner area, the authorization subject to the condition that the person is, while within the area, escorted at all times by two persons who are authorized to enter and remain in the area, each of whom is equipped with a device that permits them to immediately communicate with the central alarm station. Period (3) An authorization referred to in subsection (1) may be granted for a period of no more than five years. Conditions (4) An authorization granted under subsection (1) or (2) must be subject to any terms and conditions that are necessary to minimize the risk to the security of the high-security site. Copy of information and documents (5) If requested by the person referred to in subsection (2), the licensee must provide them with a copy of all information and documents relating to the authorization that are in the licensee’s possession and that were provided to the licensee by or on behalf of that person.
Nuclear Security Regulations — 53
Record to be kept 53 (1) A licensee must, for each person to whom an authorization has been granted under section 49 or 52 , keep a record that sets out their name, their authorization and the day on which their authorization ends. Retention of record (2) The record must be retained until one year after the day on which the person’s authorization ends or is revoked. Record to be provided (3) The licensee must, on request, provide a copy of the record to the Commission or an inspector. Record to be made available (4) The licensee must make a copy of the record available to its nuclear security officers.
Nuclear Security Regulations — 54
Clearance required 54 A licensee must not permit an employee, or any other person who is under contract to the licensee, to carry out the duties of security personnel or those related to nuclear security intelligence unless it has granted the person an enhanced security clearance.
Nuclear Security Regulations — 55
Written authorization 55 (1) A person must not act as a nuclear security officer unless the licensee grants them written authorization to do so. Requirements for authorization (2) Before granting the authorization, the licensee must (a) ensure that it has granted the person an enhanced security clearance; (b) ensure that the person has received training on, and that their knowledge and skill has been evaluated with respect to, the following topics as they relate to the duties of nuclear security officers at the high-security site: (i) first aid and cardiopulmonary resuscitation, (ii) their duties when responding to nuclear security events, including the use of force, (iii) security procedures and nuclear security measures at the high-security site, (iv) threats to nuclear security, including sabotage and the unauthorized removal of nuclear substances, and (v) the licensee’s obligations under the Act and its regulations that are relevant to their duties; (c) ensure that, if the person has previously been granted high-security site access clearance, the person has participated in continuing training related to the topics referred to paragraph (b); and (d) obtain the following documents from the person: (i) documentary proof that the person is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , (ii) a certificate, signed by a qualified medical practitioner, certifying that the person does not have a medical condition that would prevent them from performing the tasks that are likely to be assigned by the licensee, (iii) a certificate, signed by a fitness consultant who is recognized by the Canadian Society for Exercise Physiology or a person with equivalent or higher qualifications, certifying that the person is physically able to perform the tasks that are likely to be assigned by the licensee, and (iv) a certificate, signed by a qualified psychologist, certifying that the person is psychologically able to perform the tasks that are likely to be assigned by the licensee. Assessment by licensee (3) Before granting the authorization to a person, the licensee must assess the person’s knowledge of the security procedures and nuclear security measures that are relevant to their duties and their ability to carry them out. Period and conditions (4) The authorization may be granted for a period of no more than five years and must be subject to any terms and conditions that are necessary to minimize the risk to the security of the high-security site. Copy of information and documents (5) If requested by the person referred to in subsection (2), the licensee must provide them with a copy of all information and documents relating to the authorization that are in the licensee’s possession and that were provided to the licensee by or on behalf of that person.