Nuclear Security Regulations (SOR/2025-219)

Marginal note:List of persons

• 86 (1) A licensee must keep an up-to-date list of the persons to whom a facility-access security clearance has been granted.

• Marginal note:List to be provided

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

Marginal note:Revocation

• 87 (1) A licensee must revoke a person’s facility-access 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 nuclear facility;

  • (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.

Access Control

Access to Nuclear Facility

Marginal note:Entering or remaining in nuclear facility

• 88 (1) A person must not enter or remain in a nuclear facility at which a licensee carries out licensed activities unless they

  • (a) have a facility-access security clearance that is granted in respect of that facility by the licensee;

  • (b) are escorted at all times by a person who has such a clearance; or

  • (c) are an inspector who is designated to carry out inspections at nuclear facilities or a person who is chosen by the inspector to accompany them under section 33 of the Act.

• Marginal note:Escort not required

  (2) Despite paragraph (1)(b), a member of the off-site response force, a peace officer or a member of an emergency service is not required to be escorted if there is an emergency at the facility and they require access to it for the purpose of carrying out their duties.

Marginal note:Licensee’s obligation

• 89 (1) A licensee must ensure that every person who enters or remains in a nuclear facility at which it carries on licensed activities is permitted to do so under subsection 88(1).

• Marginal note:Identity verification

  (2) The licensee must establish and implement a process that controls access to the nuclear facility and that ensures that the identity of each person who enters the facility, other than one referred to in paragraph 88(1)(c), is verified by,

  • (a) in the case of a person who has a facility-access security clearance for that facility, presentation of proof of their clearance and use of a device that is capable of verifying their identity;

  • (b) in the case of any other person who is 18 years of age or over, presentation of two pieces of valid government-issued identification, one of which must be photo identification; and

  • (c) in the case of a person who is under the age of 18, presentation of documentary proof of their name and address.

Marginal note:Weapons, explosive substances and threat items

90 A licensee must ensure that

• (a) weapons are not taken into a nuclear facility unless they are under the control of a peace officer or member of the off-site response force who requires access to the nuclear facility for the purpose of carrying out their duties;

• (b) explosive substances are not taken into a nuclear facility unless

  • (i) they are under the control of a peace officer or member of the off-site response force who requires access to the nuclear facility for the purpose of carrying out their duties; or

  • (ii) they are necessary for an operational requirement and they are under the control of a person who is authorized by the licensee and kept under the direct visual surveillance of a person authorized by the licensee; and

• (c) threat items are not taken into a nuclear facility unless they are necessary for an operational requirement.

Marginal note:Prohibited activities

91 A person must not

• (a) take any weapon into a nuclear facility unless they are a peace officer or a member of the off-site response force who requires access to the nuclear facility for the purpose of carrying out their duties;

• (b) take any explosive substance into a nuclear facility unless

  • (i) they are a peace officer or a member of the off-site response force who requires access to the nuclear facility for the purpose of carrying out their duties, or

  • (ii) they are authorized to do so by the licensee and placed under the direct visual surveillance of a person authorized by the licensee and the explosive substance is necessary for an operational requirement;

• (c) take any threat item into a nuclear facility unless it is necessary for an operational requirement; or

• (d) remove any nuclear substance from a nuclear facility without the authorization of the licensee.

Marginal note:Entry of land vehicles

• 92 (1) A licensee must not permit a land vehicle to enter a nuclear facility at which the licensee carries on a licensed activity unless

  • (a) the land vehicle is searched for explosive substances, weapons, threat items and unauthorized persons; and

  • (b) there is an operational requirement for the vehicle to be there or it is used by a member of the off-site response force, a peace officer or a member of an emergency service for the purpose of carrying out their duties.

• Marginal note:Exception

  (2) Despite paragraph (1)(a), a vehicle that is used by a security guard, a member of the off-site response force, a peace officer or a member of an emergency service is not required to be searched if there is an emergency at the nuclear facility and the use of the vehicle is necessary to carry out their duties.

Searches and Screening

Marginal note:Signage

93 A licensee must post, in close proximity to the location at which the search and screening of persons is conducted, signage that is visible to any person who is about to enter the nuclear facility that states, in English and French, that

• (a) persons entering and exiting the facility may be subject to search or screening for explosive substances, weapons, threat items or nuclear substances; and

• (b) the licensee must not allow any person who has been selected for search or screening to enter the facility unless that person and everything in their possession, including any land vehicle, is searched or screened.

Marginal note:Processes for search or screening

• 94 (1) A licensee must implement processes that, using a risk-based approach, provide for the manner of selecting the persons who are to be searched or screened, respectively,

  • (a) on entering a nuclear facility, for explosive substances, weapons and threat items; and

  • (b) on exiting a nuclear facility, for nuclear substances.

• Marginal note:Entry search or screening

  (2) The licensee must not permit any person who is selected for search or screening to enter the nuclear facility unless the person and everything in their possession, including any land vehicle, is searched or screened.

Marginal note:Conduct of search or screening

95 A search or screening referred to in section 94 must be carried out by a person who is authorized to do so by the licensee and must be

• (a) a non-intrusive search or screening that is carried out by means of a hand-held scanner, a walk-through scanner equipped with a metal detector or any similar device; or

• (b) a frisk search carried out by a person of the same sex as the person being searched and extending from head to foot, down the front and rear of the body, around the legs and inside clothing folds, pockets and footwear, if a security guard or other person authorized by the licensee determines that it is necessary in order to maintain security.

Security Exercise

Marginal note:Security exercise

• 96 (1) A licensee must, in cooperation with the off-site response force, at least once every five years, conduct a security exercise that tests

  • (a) the ability of selected elements of the contingency plan and selected nuclear security measures to ensure that an effective intervention can be made against, taking into account the threats identified in the threat and risk assessment; and

  • (b) the readiness of the off-site response force and any security guards to respond to those threats.

• Marginal note: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.

• Marginal note:Record to be kept

  (3) The licensee must, for each security exercise that it conducts, keep a record that contains

  • (a) an outline of the exercise scenario;

  • (b) an evaluation of the effectiveness of the elements of the contingency plan and the nuclear security measures that were tested and the readiness of the off-site response force and, if any, the security guards; and

  • (c) a description of any corrective actions that, taking the evaluation into account, are necessary.

• Marginal note:Corrective action plan

  (4) If a corrective action referred to in paragraph (3)(c) 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) a rationale for the phased approach; and

  • (c) a timetable that sets out when each phase of the plan will be completed.

• Marginal note:Corrective actions

  (5) 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.

• Marginal note:Records to be provided

  (6) The licensee must, within 90 days after the day on which the security exercise is completed, provide to the Commission a copy of the record referred to in subsection (3) and, if any, a copy of the corrective action plan referred to in subsection (4).

PART 4Licence to Transport

Marginal note:Definition of licensee

97 In this Part, licensee means a person who is licensed to transport Category I nuclear material, Category II nuclear material or Category III nuclear material.

Marginal note:Application

98 This Part applies in respect of the transport of Category I nuclear material, Category II nuclear material or Category III nuclear material.

Marginal note:Exemption

• 99 (1) A person may, without a licence to carry on that activity, transport Category I nuclear material, Category II nuclear material or Category III nuclear material within an area in which the material is required by sections 19 to 21 to be produced, processed, used or stored.

• Marginal note:Section 26 of Act

  (2) For greater certainty, the exemption established under subsection (1) relates only to the activity specified in that subsection and does affect the licence requirement imposed by section 26 of the Act in relation to other activities.

Marginal note:Transport security plan

100 An application for a licence to transport Category I nuclear material, Category II nuclear material or Category III nuclear material must contain, in addition to the information required under section 7 of the Packaging and Transport of Nuclear Substances Regulations, 2015, a transport 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 and risk assessment;

• (c) a description of the conveyance and, if any, the escort arrangements;

• (d) the proposed security measures;

• (e) a description of how the applicant will evaluate and improve the security measures, including the proposed scheduling of security exercises;

• (f) the planned route and at least one alternate route;

• (g) the tracking and communication arrangements made among the applicant, the operator of the land vehicle transporting the nuclear material, the recipient of the material and any off-site response force throughout the transport; and

• (h) the arrangements made between the applicant and any off-site response force throughout the transport.

Marginal note:Security exercise

• 101 (1) The licensee must conduct a security exercise in respect of the transport of Category I nuclear material, Category II nuclear material and Category III nuclear material at least once every five years.

• Marginal note:Record to be kept

  (2) The licensee must, for each security exercise that it conducts, keep a record that contains

  • (a) an outline of the exercise scenario;

  • (b) an evaluation of the effectiveness of the security measures that were tested; and

  • (c) a description of any corrective actions that, taking the evaluation into account, are necessary.

• Marginal note:Corrective action plan

  (3) If a corrective action referred to in paragraph (2)(c) 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) a rationale for the phased approach; and

  • (c) a timetable that sets out when each phase of the plan will be completed.

• Marginal note:Corrective actions

  (4) 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.

• Marginal note:Records to be provided

  (5) The licensee must, within 90 days after the day on which the security exercise is completed, provide to the Commission a copy of the record referred to in subsection (2) and, if any, a copy of the corrective action plan referred to in subsection (3).

PART 5Consequential Amendments, Transitional Provisions, Repeal and Coming into Force

Consequential Amendments

Class I Nuclear Facilities Regulations

102 [Amendments]

Nuclear Substances and Radiation Devices Regulations

103 [Amendments]

Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission)

104 [Amendments]

Packaging and Transport of Nuclear Substances Regulations, 2015

105 [Amendments]

106 [Amendments]

Transitional Provisions

Marginal note:Definition of former Regulations

• 107 (1) For the purposes of this section, former Regulations means the Nuclear Security Regulations as they read immediately before the day on which these Regulations come into force.

• Marginal note:Words and expressions

  (2) Unless the context otherwise requires, words and expressions used in this section have the same meaning as in section 1.

• Marginal note:Nuclear facility

  (3) The former Regulations and Part 9 of the schedule to Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission), as they read immediately before the day on which these Regulations come into force, continue to apply for two years after that day to a nuclear facility for which, on the day on which these Regulations come into force, a licence issued under the Act is in force.

• Marginal note:Existing authorization or clearance

  (4) If a person has been granted a clearance or issued an authorization under the former Regulations, that clearance or authorization remains valid until the expiry of the term for which it was granted or issued, and during that term the person may continue to access any area or information and carry out any duties and responsibilities that the clearance or authorization permitted them to access or carry out under the former Regulations.

• Marginal note:Site access security clearance

  (5) If a person has been granted a site access security clearance under the former Regulations that is valid on the day on which these Regulations come into force and that, to maintain the person’s access to the nuclear facility, must be replaced by a facility-access security clearance granted under section 85, the licensee that granted the clearance may, before the term of the clearance expires, extend the term of the clearance to any term not exceeding 10 years.