Nuclear Security Regulations — 44
Conditions 44 (1) A licensee may grant a high-security site access 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 (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 high-security site access clearance or 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 documents and information (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 high-security site access clearance: (a) the information and documents referred to in subsection 85 (2); and (b) a security assessment carried out by the Canadian Security Intelligence Service. Factors to be considered (3) For the purpose of making the determination referred to in paragraph (1)(a), the licensee must take the following factors into consideration: (a) the relevance of the information and documents referred to in subsection (2), including the circumstances of any convictions, their seriousness, number and frequency, the date of the last conviction and any sentence or other disposition; (b) whether it is known or there are reasonable grounds to suspect that the person (i) is or has been involved in — or contributes or has contributed to — criminal offences or acts of violence against persons or property, (ii) is or has been involved in — or contributes or has contributed to — activities that constitute threats to the security of Canada as defined in section 2 of the Canadian Security Intelligence Service Act , (iii) is or has been a member of a terrorist group as defined in subsection 83.01(1) of the Criminal Code or is or has been involved in — or contributes or has contributed to — the activities of such a group, (iv) is or has been a member of a criminal organization as defined in subsection 467.1(1) of the Criminal Code or has been involved in — or contributes or has contributed to — the activities of such an organization, or (v) is or has been associated with anyone who is known to be involved in or to contribute to — or in respect of whom there are reasonable grounds to suspect involvement in or contribution to — activities referred to in subparagraph (i) or (ii), or who is a member of a group or organization referred to in subparagraph (iii) or (iv); (c) whether there are reasonable grounds to suspect that the person is in a position in which there is a risk that they could be induced to commit an act or to assist or abet any person to commit an act that might constitute an unreasonable risk to the health or safety of persons or the security of the high-security site; (d) whether a clearance issued in respect of the person has previously been revoked because the person provided false or misleading information to obtain the clearance; (e) any other relevant information that enables the licensee to assess the risk. Period and conditions (4) The high-security site access clearance may be granted for a period of no more than 10 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. Record to be kept (5) A licensee that grants a high-security site clearance under paragraph (1)(b) must keep a record indicating how it verified that the person holds the clearance referred to in that paragraph.