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

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.

Marginal note:Cancellation of licence

12 The Minister may cancel a licence if it is suspended and a reason for the suspension continues to exist or if, at any time, the Minister is otherwise satisfied, 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, that the licence ought to be cancelled. But the Minister shall first give to the licensee notice of the reasons for the proposed cancellation and an opportunity — during a period of 45 days after the notice or any longer period that the Minister specifies — to make representations regarding it.

Marginal note:Measures ordered on suspension or termination of licence

• 13 (1) The Minister may make an order requiring a person whose licence is suspended or cancelled or has expired to take any measures related to the operation of the remote sensing space system that the Minister considers advisable, having regard to

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

  • (b) the system disposal plan, including its provisions for the protection of the environment, public health and the safety of persons and property.

  The order may be effective immediately on notice to the person, but the Minister shall 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:Non-application of Statutory Instruments Act

  (2) The Statutory Instruments Act does not apply to an order made under this section.

Interruptions of Service

Marginal note:Minister’s order

• 14 (1) The Minister may make an order requiring a licensee to interrupt or restrict, for the period specified in the order, any operation, including the provision of any service, of the licensed system if the Minister believes on reasonable grounds that the continuation of that operation would be injurious to Canada’s conduct of international relations or inconsistent with Canada’s international obligations.

• Marginal note:Order of Minister of National Defence

  (2) The Minister of National Defence may make an order requiring a licensee to interrupt or restrict, for the period specified in the order, any operation, including the provision of any service, of the licensed system if the Minister of National Defence believes on reasonable grounds that the continuation of that operation would be injurious to the defence of Canada or the safety of Canadian Forces.

• Marginal note:Non-application of Statutory Instruments Act

  (3) The Statutory Instruments Act does not apply to an order made under this section.

• Marginal note:Non-disclosure direction

  (4) If the minister making an order under subsection (1) or (2) is satisfied that the substance of the order ought not to be disclosed for the same reasons as those on which the order is founded, that minister may include in the order a direction that no person shall disclose its substance to any other person except as required by law or as necessary to give it effect.

• Marginal note:Notice and opportunity to make representations

  (5) An order made under this section may take effect immediately on notice to the licensee, but the minister making the order 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.

Priority Access

Marginal note:Minister’s order for priority access

• 15 (1) The Minister may make an order requiring a licensee to provide to Her Majesty in right of Canada any service through the licensed system that the Minister believes on reasonable grounds is desirable for the conduct of international relations or the performance of Canada’s international obligations.

• Marginal note:Order of Minister of National Defence

  (2) The Minister of National Defence may make an order requiring a licensee to provide to Her Majesty in right of Canada any service through the licensed system that that minister believes on reasonable grounds is desirable for the defence of Canada or the safety of Canadian Forces.

• Marginal note:Order of Minister of Public Safety and Emergency Preparedness

  (3) The Minister of Public Safety and Emergency Preparedness may make an order requiring a licensee to provide any service through the licensed system

  • (a) to the Royal Canadian Mounted Police that that minister believes on reasonable grounds is desirable for the fulfilment of its members’ responsibilities under subsection 6(1) of the Security Offences Act;

  • (b) to the Canadian Security Intelligence Service that that minister believes on reasonable grounds is desirable for the fulfilment of its duties and functions under the Canadian Security Intelligence Service Act; or

  • (c) to Her Majesty in right of Canada that that minister believes on reasonable grounds is desirable for critical infrastructure protection or emergency preparedness.

• Marginal note:Details of orders

  (4) An order made under this section must specify the period during which the service is to be provided and may specify how and with what priority it is to be provided.

• Marginal note:Non-application of Statutory Instruments Act

  (5) The Statutory Instruments Act does not apply to an order made under this section.

• Marginal note:Non-disclosure direction

  (6) If the minister making an order is satisfied that the substance of the order ought not to be disclosed for the same reasons as those on which the order is founded, that minister may include in the order a direction that no person shall disclose its substance to any other person except as required by law or as necessary to give it effect.

• Marginal note:Notice and opportunity to make representations

  (7) An order made under this section may take effect immediately on notice to the licensee, but the minister making the order 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.

Transfer of Remote Sensing Satellites

Marginal note:Prohibition on transfer of control

• 16 (1) No licensee or former licensee shall permit a command to a remote sensing satellite of the remote sensing space system for which the licence was issued to be given from outside Canada or by any other person unless the licensee or former licensee

  • (a) can override the command from Canada; or

  • (b) has obtained the approval of the Minister.

• Marginal note:Factors for approval

  (2) In deciding whether to give an approval, the Minister shall have 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.

Inspection

Marginal note:Designation of inspectors

• 17 (1) The Minister may designate as inspectors for the purposes of this Act persons or classes of persons that the Minister considers qualified.

• Marginal note:Certificate

  (2) Every inspector is to be provided with a certificate attesting to their designation, and shall, at the request of any person appearing to be in charge of any place entered by the inspector, present the certificate to the person.

Marginal note:Powers of inspectors

• 18 (1) Inspectors may, in carrying out their duties and functions,

  • (a) subject to subsection (2), enter and inspect, at any reasonable time, any place owned by or under the control of a licensee, a system participant or any other person who the inspector reasonably believes may be carrying on a controlled activity in the operation of a remote sensing space system, and in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the administration or enforcement of this Act;

  • (b) examine any document, information or thing at the place or remove it for examination or copying;

  • (c) inspect any equipment at the place related to the operation of a remote sensing space system and perform tests of it;

  • (d) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

  • (e) reproduce any record from those data or cause it to be reproduced from them in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and

  • (f) use or cause to be used any copying equipment or means of communication located at the place.

• Marginal note:Warrant required to enter dwelling-place

  (2) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (3).

• Marginal note:Authority to issue warrant

  (3) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing an inspector named in the warrant to enter a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-place is a place described in paragraph (1)(a);

  • (b) entry to the dwelling-place is necessary for any purpose relating to the administration or enforcement of this Act; and

  • (c) entry has been refused, there are reasonable grounds for believing that entry will be refused or consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (4) An inspector executing a warrant issued under subsection (3) shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Assistance to inspector

  (5) The owner or other person in charge of a place entered by an inspector under this section shall give the inspector all reasonable assistance in the power of that person and furnish the inspector with any information that the inspector reasonably requires.

• Marginal note:Obstruction and false information

  (6) No person shall, with respect to an inspector engaged in carrying out their duties and functions,

  • (a) wilfully obstruct or hinder the inspector; or

  • (b) knowingly make or provide to the inspector any false or misleading statement or information.