Nuclear Security Regulations (SOR/2025-219)

Backup Alarm Station

Marginal note: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.

• Marginal note:Operations

  (2) The licensee must ensure that the backup alarm station is operated only by security personnel who have received training on its operation.

• Marginal note: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.

• Marginal note:Operational readiness

  (4) The licensee must implement processes that ensure that the backup alarm station maintains operational readiness.

• Marginal note:Testing

  (5) The licensee must test the functions of the backup alarm station at least once every five years.

Clearances and Authorizations

Clearances

High-security Site Access Clearance

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Enhanced Security Clearance

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Record

Marginal note: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.

• Marginal note:List to be provided

  (2) The licensee must, on request, provide a copy of the list to the Commission or an inspector.

Revocation

Marginal note: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.

• Marginal note: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.

Authorizations

Exceptions

Marginal note: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.

• Marginal note: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.

Access to Protected Area

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Period

  (4) An authorization referred to in subsection (2) may be granted for a period of no more than 10 years.

• Marginal note: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.

• Marginal note: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.

Access to Vital Area and Inner Area

Marginal note: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.

Marginal note: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).

Marginal note: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.

• Marginal note: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.

• Marginal note:Period

  (3) An authorization referred to in subsection (1) may be granted for a period of no more than five years.

• Marginal note: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.

• Marginal note: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.

Records

Marginal note: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.

• Marginal note: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.

• Marginal note:Record to be provided

  (3) The licensee must, on request, provide a copy of the record to the Commission or an inspector.

• Marginal note:Record to be made available

  (4) The licensee must make a copy of the record available to its nuclear security officers.