Controlled Goods Directorate - POLICIES AND GUIDELINES - Training Programs and Security Briefings

1. INTRODUCTION

The conditions of registration under the Controlled Goods Directorate (CGD) require that a registered person must provide training programs and security briefings in respect of the secure handling of controlled goods and/or controlled technology. Training programs will be provided to officers, directors, employees and temporary workers who are authorized to examine or possess controlled goods and/or controlled technology, whereas security briefings will be provided to visitors who are authorized to examine controlled goods and/or controlled technology.

2. OBJECTIVE

This policy guideline details the requirements the registered person must comply with under the Controlled Goods Regulations (CGR) for establishing and implementing training programs and security briefings in respect of the secure handling of controlled goods and/or controlled technology.

3. POLICY GUIDELINE ON THE REGULATORY CRITERIA

As conditions of registration, every registered person is subject to the requirement to establish and implement a security plan at each place of business in Canada where controlled goods and/or controlled technology are kept. The security plan must set out, in writing, the contents of security briefings and training programs.

The security plans policy guideline can be accessed at the following internet address:

Security Plan at Place of Business - Conditions 10(e) and (h) for Registration

The registered person must provide training programs in respect of the secure handling of controlled goods and/or controlled technology, to officers, directors, employees and temporary workers who are authorized to possess or examine those goods. They must also provide security briefings in respect of the secure handling of controlled goods and/or controlled technology to visitors who are authorized to examine any controlled goods and/or controlled technology.

Reference: paragraphs 10(e)(iv), (f) and (g) of the Conrolled Goods Regulations and section 43 of the Defence Production Act. See Appendix for legislative text.

4. DEFINITIONS

Officer: the chairperson or vice-chairperson of the board of directors, the president, any vice-president, the secretary, any assistant secretary, the treasurer, any assistant treasurer, the general manager and any other person designated an officer by by-law or by resolution of the directors, and any other individual who performs functions for the company similar to those normally performed by an individual occupying any of those offices.

Director: a person who manages the affairs and business of the company.

Employee: a person employed by the registered person to perform duties for remuneration under either a contract of or for services.

Temporary Worker: an officer, director or employee of a registered person who is not:

A Canadian citizen ordinarily resident in Canada; or
A permanent resident ordinarily resident in Canada.

Visitor: an individual who is not an officer, director or employee of a registered person and who is not:

A Canadian citizen ordinarily resident in Canada; or
A permanent resident ordinarily resident in Canada.

Examine: to investigate controlled goods and/or controlled technology by any means so as to provide a person with detailed knowledge of the controlled goods and/or controlled technology' inherent properties and performance characteristics that would allow that person to use this knowledge so that the good could be reproduced or replicated, or the performance of a similar article could be improved.

Possess: either actual possession, where the person has direct physical control over a controlled good at a given time, or constructive possession, where the person has the power and the intention at a given time to exercise control over a controlled good, either directly or through another person or persons.

Transfer: means, in respect of a controlled good, to dispose of it or disclose its content in any manner.

An officer, director, employee or temporary worker temporary worker of another CGD Registered Person or an Excluded Person is not deemed a "Visitor" as defined above and therefore does not need to undergo a Security Briefing. However, the registered person must keep a record of the visit in the Visitor Log Book, which must includes the name of the individual, contact information, time and date of visit and the form of identification taken.

5. TRAINING PROGRAMS AND SECURITY BRIEFINGS

Every officer, director, employee and temporary worker authorized to examine or possess controlled goods and/or controlled technology must undergo the mandatory training program which has to be established, implemented and effectively applied over the period of registration.

Every visitor, prior to examining controlled goods and/or controlled technology, must receive the security briefing, which is established by the registered person's security organization. Each security briefing may vary depending whether CGD has placed any conditions on the visit. If conditions have been placed on the visit then the security briefing will encompass the standard briefing taking into consideration the conditions specific to that visit.

Training program and security briefings must specifically set out the criteria for the secure handling of controlled goods and/or controlled technology. Each registered person is uniquely placed to determine the content of their training program and security briefing in light of the nature of controlled goods and/or controlled technology that they access.

However, the CGD is required to ensure, by inspection if necessary, that the training program and security briefing meet the regulatory criteria and are effective in ensuring the secure handling of controlled goods and/or controlled technology by those authorized to possess, examine or transfer those goods.

5.1 Training Programs

A training program should be more extensive than a security briefing for it applies to those authorized persons who will examine or possess controlled goods and/or controlled technology on a regular basis (employees, officers, directors and temporary workers of the registered person).

The training program must:

6. APPLICATION

This policy guideline is effective as of March 24, 2004.

New registered persons will have 120 days subsequent to receiving their certificate of registration to comply with this policy guideline.

For persons registered prior to the effective date of this policy, they will have 120 days subsequent to this policy guideline being published on the CGD website to comply with the requirements set forth.

The training program or security briefing implemented and established at the registered person's place of business is subject to being made available upon inspection by the CGD or at any time over the period of registration.

This policy guideline will be reviewed periodically to assess its comprehensiveness.

The registered person should review the training program and security briefing periodically to ensure they continue to meet the security needs for safeguarding controlled goods and/or controlled technology and reflect any regulatory or legislative changes to the CGD.

7. ENQUIRIES AND COMMENTS

To obtain additional information, visit the CGD web site at:www.cgd.gc.ca

For enquiries, the CGD can be reached toll free at 1-866-368-4646 or by electronic mail: ncr.cgd@pwgsc.gc.ca

By mail, the address is:

Controlled Goods Directorate of Canada
Public Works and Government Services Canada
C/O Central Mail Room
Place du Portage, Phase III OB3
11 Laurier Street, Gatineau
K1A 0S5
Physical location is: 3rd Floor
2745 Iris Street
Ottawa, Ontario

Any comments on this policy guideline are welcome and can be forwarded to the address above or by electronic mail:
Attention: Manager Policy, Controlled Goods Directorate.

APPENDIX - LEGISLATIVE TEXT

Defence Production Act:

Section 43. The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations

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