Remote Sensing Space Systems Act (S.C. 2005, c. 45)

Short Title

Marginal note:Short title

1 This Act may be cited as the Remote Sensing Space Systems Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

controlled activity

controlled activity, subject to subsection 8(6), means any of the following activities in the operation of a remote sensing space system:

• (a) formulating or giving a command to a remote sensing satellite of the system;

• (b) receiving raw data from a remote sensing satellite of the system;

• (c) storing, processing or distributing raw data from the system;

• (d) establishing or using

  • (i) cryptography in communications with a remote sensing satellite of the system, or

  • (ii) information assurance measures for the system. (activité contrôlée)

information assurance

information assurance means the protection of information and information systems by ensuring their availability, integrity, authentication, confidentiality and non-repudiation. (assurance de l’information)

licence

licence means a licence issued under subsection 8(1). (licence)

licensed system

licensed system means a remote sensing space system for whose operation a licence has been issued. (système agréé)

licensee

licensee means a person who is the holder of a licence. (titulaire de licence)

Minister

Minister, subject to section 3, means the Minister of Foreign Affairs. (ministre)

person

person includes a partnership, a government, a government agency and an unincorporated organization. (personne)

prescribed

prescribed means prescribed by the regulations. (Version anglaise seulement)

raw data

raw data means sensor data from a remote sensing satellite, and any auxiliary data required to produce remote sensing products from the sensor data, that have not been transformed into a remote sensing product. (données brutes)

remote sensing product

remote sensing product means an image or data produced from raw data in any way that transforms the raw data. (produit dérivé)

remote sensing satellite

remote sensing satellite means a satellite that is capable of sensing the surface of the Earth through the use of electromagnetic waves. (satellite de télédétection)

remote sensing space system

remote sensing space system means

• (a) one or more remote sensing satellites and the mission control centre and other facilities used to operate the satellites; and

• (b) the facilities used to receive, store, process or distribute raw data from the satellites, even after the satellites themselves are no longer in operation. (système de télédétection spatiale)

system participant

system participant means a person who is designated in a licence condition referred to in paragraph 8(5)(b). (participant autorisé)

transform

transform, with respect to raw data, means, having regard to the regulations, to so process them that it is substantially impossible to reconstitute them from the resulting remote sensing product. (traitement)

Designation of Minister

Marginal note:Power of Governor in Council

3 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

Application of Act

Marginal note:Binding on Crown

• 4 (1) This Act binds Her Majesty in right of Canada or a province.

• Marginal note:Order modifying application of Act to certain systems

  (2) The Governor in Council may make an order with respect to a remote sensing space system operated by the Department of National Defence or the Canadian Space Agency providing that this Act and the regulations apply to that system only in the manner and to the extent provided for in the order. The order may adapt any of the provisions of this Act or the regulations for the purposes of that application.

• Marginal note:Exemption by order

  (3) The Minister may, by order, exempt any person or remote sensing space system — or any class of person, system or data — from the application of any provisions of this Act or the regulations. The exemption order may be limited in scope or made subject to conditions. It may be made only if the Minister is satisfied that

  • (a) the exemption is neither injurious to national security, to the defence of Canada, to the safety of Canadian Forces or to Canada’s conduct of international relations nor inconsistent with Canada’s international obligations;

  • (b) adequate provision will be made for the protection of the environment, public health and the safety of persons and property; and

  • (c) the interests of the provinces are protected.

Operation of Remote Sensing Space Systems

Requirement for Licence

Marginal note:System operator requires licence

5 No person shall operate a remote sensing space system in any manner, directly or indirectly, except under the authority of a licence.

Marginal note:Activities outside Canada

6 Section 5 applies also to the following persons with respect to their activities outside Canada:

• (a) Canadian citizens;

• (b) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

• (c) corporations that are incorporated or continued under the laws of Canada or a province; and

• (d) members of any prescribed class of persons having a substantial connection to Canada related to remote sensing space systems.

Applications, Licences and Related Matters

Marginal note:Applications regarding licences

7 An application to the Minister to issue, amend or renew a licence must be made in the prescribed form and manner, be supported by a proposed system disposal plan, proposed guarantee arrangements referred to in paragraph 9(1)(b) and any other prescribed information, documents and undertakings and be accompanied by any prescribed application fee.

Marginal note:Issuance, amendment or renewal of licences

• 8 (1) On application, the Minister may, having regard to national security, the defence of Canada, the safety of Canadian Forces, Canada’s conduct of international relations, Canada’s international obligations and any prescribed factors,

  • (a) issue a provisional approval of a licence application;

  • (b) issue a licence; or

  • (c) amend or renew a licence.

• Marginal note:Provisional approval binding

  (2) A provisional approval is binding on the Minister for so long as the material facts on which it was based remain substantially unchanged.

• Marginal note:Reasons for refusal of application

  (3) The Minister shall, without delay, provide reasons to the applicant for any refusal of an application.

• Marginal note:Conditions of licences

  (4) Every licence is subject to the conditions referred to in subsections (5) to (7), any prescribed conditions and the following conditions:

  • (a) that the licensee keep control of the licensed system;

  • (b) that the licensee not permit any other person to carry on a controlled activity in the operation of the system except in accordance with the licence;

  • (c) that raw data and remote sensing products from the system about the territory of any country — but not including data or products that have been enhanced or to which some value has been added — be made available to the government of that country within a reasonable time, on reasonable terms and for so long as the data or products have not been disposed of, but subject to any licence conditions under subsection (6) or (7) applicable to their communication or provision;

  • (d) that the licensee keep control of raw data and remote sensing products from the system until they are disposed of in accordance with this Act;

  • (e) that raw data from the system be communicated only to a government referred to in paragraph (c), the licensee, a system participant or a person to whom they may be communicated under subsection (6);

  • (f) that the licensee encourage a recipient of raw data or a remote sensing product who has entered into an agreement referred to in paragraph (6)(b) or (7)(b) to comply with the agreement; and

  • (g) that any prescribed fees be paid when due.

• Marginal note:Conditions specified by Minister

  (5) In a licence, the Minister may specify any other condition that the Minister considers appropriate, including any condition

  • (a) relating to the use of cryptography or information assurance measures; or

  • (b) designating any person as a system participant and authorizing the licensee to permit that person to carry on any controlled activity in the operation of the licensed system that the Minister specifies.

• Marginal note:Conditions specified by Minister — raw data

  (6) In a licence, the Minister may authorize the communication of raw data or classes of raw data from the licensed system to any persons or classes of persons other than the licensee or system participants on any conditions that the Minister considers appropriate. The conditions may include requirements that, in specified cases or circumstances, the communication of the raw data

  • (a) be subject to the Minister’s prior approval; or

  • (b) be done only under a legally enforceable agreement, entered into in good faith, that includes measures respecting their security or their further communication.

  The receipt, communication, processing or storage of raw data by such persons is not a controlled activity.

• Marginal note:Conditions specified by Minister — remote sensing products

  (7) In a licence, the Minister may restrict the provision of remote sensing products or classes of such products from the licensed system to persons or classes of persons other than the licensee or system participants on any conditions that the Minister considers appropriate. The conditions may include requirements that, in specified cases or circumstances, the provision of the remote sensing products

  • (a) be subject to the Minister’s prior approval; or

  • (b) be done only under a legally enforceable agreement, entered into in good faith, that includes measures respecting their security or their further provision.

• Marginal note:Term

  (8) A licence is valid for the period that the Minister considers appropriate and specifies in it.

• Marginal note:Non-transferable

  (9) A licence is not transferable without the Minister’s consent.

• Marginal note:Non-application of Statutory Instruments Act

  (10) The Statutory Instruments Act does not apply to a licence.

Marginal note:System disposal plan and arrangements

• 9 (1) The Minister may not issue a licence without having approved

  • (a) a system disposal plan for the licensed system satisfactory to the Minister that, among other things, provides for the protection of the environment, public health and the safety of persons and property; and

  • (b) arrangements satisfactory to the Minister relating to the guarantee of the performance of the licensee’s obligations under the system disposal plan.

• Marginal note:Obligations regarding plan and arrangements

  (2) A licensee and, in the case of a licence that has terminated, the former licensee, shall

  • (a) ensure that the following things are disposed of in accordance with the system disposal plan approved by the Minister:

    • (i) every system satellite,

    • (ii) the things used in connection with the cryptography and information assurance measures of the system,

    • (iii) any raw data and remote sensing products from the system that are under the control of the licensee or former licensee, and

    • (iv) anything else prescribed; and

  • (b) put into effect the guarantee arrangements approved by the Minister under paragraph (1)(b) and keep them in effect until the system disposal plan has been carried out.

• Marginal note:Amendment of system disposal plan or arrangements

  (3) The Minister may, if the Minister is satisfied that it is desirable to do so, having regard to national security, the defence of Canada, the safety of Canadian Forces, Canada’s conduct of international relations, Canada’s international obligations and the protection of the environment, public health and the safety of persons and property and any prescribed factors,

  • (a) on application, amend a system disposal plan or the guarantee arrangements approved by the Minister under paragraph (1)(b); or

  • (b) on the Minister’s own initiative, on first giving notice to the licensee or former licensee that provides a reasonable opportunity to make representations, amend a system disposal plan.

Amendment, Suspension and Cancellation of Licences

Marginal note:Amendment of conditions on Minister’s initiative

• 10 (1) The Minister may on the Minister’s own initiative, if the Minister is satisfied that the amendment is desirable, having regard to national security, the defence of Canada, the safety of Canadian Forces, Canada’s conduct of international relations, Canada’s international obligations and any prescribed factors, amend a licence with respect to any condition contemplated by any of subsections 8(5) to (7).

• Marginal note:Amendment — s. 8(5)

  (2) If the amendment concerns a condition contemplated by subsection 8(5), the Minister must first give to the licensee notice of the proposed amendment and a reasonable opportunity to make representations regarding it.

• Marginal note:Amendment — s. 8(6) or (7)

  (3) An amendment concerning a condition contemplated by subsection 8(6) or (7) may be effective immediately on notice to the licensee, but the Minister shall give to the licensee an opportunity — during a period of 15 days after the notice or any longer period that the Minister specifies — to make representations regarding it.

Marginal note:Suspension of licence

• 11 (1) The Minister may suspend a licence in whole or in part for a period of up to 90 days if the Minister is satisfied that the continued operation of a licensed system is likely to be

  • (a) injurious to national security, the defence of Canada, the safety of Canadian Forces or Canada’s conduct of international relations; or

  • (b) inconsistent with Canada’s international obligations.

  The suspension may be effective immediately on notice to the person, but the Minister shall, in the notice, set out the reasons for the suspension and give to the person an opportunity — during a period of 15 days after the notice or any longer period that the Minister specifies — to make representations regarding it.

• Marginal note:Extension of suspension

  (2) If the licence is suspended for less than 90 days, the Minister may extend the suspension for any further period or periods to a maximum total of 90 days if the Minister is satisfied that there continues to be a reason for the suspension under subsection (1).

• Marginal note:Further automatic extension of suspension

  (3) If the Minister gives notice of a proposed cancellation before the suspension expires, the suspension continues, unless the Minister earlier ends it, until the end of the period for making representations regarding the proposed cancellation.