Canadian Space Agency Act (S.C. 1990, c. 13)

Act current to 2016-11-21 and last amended on 2012-03-16. Previous Versions

Canadian Space Agency Act

S.C. 1990, c. 13

Assented to 1990-05-10

An Act to establish the Canadian Space Agency and to provide for other matters in relation to space

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Canadian Space Agency Act.

Interpretation

Marginal note:Definitions

 In this Act,

Agency

Agence

Agency means the Canadian Space Agency established by section 3; (Agence)

Board

Board[Repealed, 2010, c. 12, s. 1712]

Executive Vice-President

Executive Vice-President[Repealed, 2010, c. 12, s. 1712]

Minister

ministre

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

President

président

President means the President of the Agency appointed pursuant to subsection 12(1). (président)

  • 1990, c. 13, s. 2;
  • 2010, c. 12, s. 1712(E).

Establishment of Agency

Marginal note:Establishment

 There is hereby established an agency of the Government of Canada, to be known as the Canadian Space Agency.

Objects and Functions

Marginal note:Objects

 The objects of the Agency are to promote the peaceful use and development of space, to advance the knowledge of space through science and to ensure that space science and technology provide social and economic benefits for Canadians.

Marginal note:Matters concerning space
  •  (1) The Agency may exercise its powers, and perform its duties and functions, in relation to all matters concerning space over which Parliament has jurisdiction and that are not by or pursuant to law assigned to any other department, board or agency of the Government of Canada.

  • Marginal note:Functions

    (2) In carrying out its objects, the Agency shall

    • (a) assist the Minister to coordinate the space policies and programs of the Government of Canada;

    • (b) plan, direct, manage and implement programs and projects relating to scientific or industrial space research and development and the application of space technology;

    • (c) promote the transfer and diffusion of space technology to and throughout Canadian industry;

    • (d) encourage commercial exploitation of space capabilities, technology, facilities and systems; and

    • (e) perform such other functions as the Governor in Council may, by order, assign.

  • Marginal note:Idem

    (3) In carrying out its objects, the Agency may

    • (a) construct, acquire, manage, maintain and operate space research and development vehicles, facilities and systems;

    • (b) assist departments, boards and agencies of the Government of Canada to use and to market space technology;

    • (c) make grants and contributions in support of programs or projects relating to scientific or industrial space research and development and the application of space technology, including projects designed to develop, test, evaluate or apply new or improved processes, products, systems or information relating to space science and technology with a view to determining the commercial potential of that science and technology, but not including any programs or projects relating solely to the commercial exploitation of space science or technology;

    • (d) cooperate with the space and space-related agencies of other countries in the peaceful use and development of space;

    • (e) provide services and facilities to any person;

    • (f) license, sell or otherwise make available any patent, copyright, industrial design, trade-mark, trade secret or other like property right controlled or administered by the Minister;

    • (g) enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the Agency;

    • (h) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of any such money, securities or property subject to the terms, if any, on which the gift or bequest was made;

    • (i) administer any loans or guarantees made by the Minister pursuant to section 9; and

    • (j) do all such things as are necessary or incidental to the attainment of the objects of the Agency.

  • Marginal note:Government facilities

    (4) In exercising its powers and performing its duties and functions under this Act, the Agency shall, where appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.

  • 1990, c. 13, s. 5;
  • 2001, c. 4, s. 70.

Powers, Duties and Functions of the Minister

Marginal note:Coordination of space policies and programs

 In furtherance of the objects referred to in section 4, the Minister shall coordinate the space policies and programs of the Government of Canada.

Marginal note:Responsible for Agency

 The Minister is responsible for the operations of the Agency.

Marginal note:Agreements

 The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province respecting the carrying out of any program of the Agency.

Marginal note:Loans and guarantees

 The Minister may, with the concurrence of the Minister of Finance,

  • (a) make loans to any person with respect to the commercial exploitation of space science and technology; and

  • (b) guarantee the repayment of any portion of the principal and interest owing on any loan made by any person in respect of the commercial exploitation of space science and technology.

Marginal note:Fees or charges
  •  (1) With the approval of the Governor in Council and subject to such terms and conditions as the Governor in Council may specify, the Minister may, by order, prescribe the fee or charge, or the manner of determining the fee or charge, to be paid by a person or a person of a class of persons

    • (a) to whom the Agency provides any services or facilities; or

    • (b) who is licensed by the Agency to use, or to whom the Agency otherwise makes available, any patent, copyright, industrial design, trade-mark, trade secret or other like property right.

  • Marginal note:Interest

    (2) The Governor in Council may, by order, prescribe the interest, or the manner of determining the interest, to be paid on any overdue fee or charge prescribed or determined in a manner prescribed pursuant to subsection (1).

  • Marginal note:Imposition

    (3) Subject to subsection (4), the Agency shall impose the fees or charges, including interest on overdue fees or charges, prescribed or determined in a manner prescribed pursuant to subsection (1) or (2).

  • Marginal note:Waiver or reduction in fee

    (4) With the approval of the Governor in Council, the Minister may, by order, waive or reduce any fee, charge or interest that would otherwise be imposed under this section.

  • Marginal note:Offset

    (5) The Agency may, with the approval of the Treasury Board, use any fee or charge imposed under this section in a fiscal year to offset the costs incurred in that year in connection with the services, facilities or property right in respect of which the fee or charge was imposed.

  • Marginal note:Debts due to Her Majesty

    (6) All fees, charges and interest imposed under this section are debts due to Her Majesty in right of Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction.

  • Marginal note:Not statutory instrument

    (7) An order made under this section that applies to or in respect of only one person or body shall be deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.

  • 1990, c. 13, s. 10;
  • 2001, c. 4, s. 71(F).
Marginal note:Delegation

 Any power, duty or function of the Minister under this Act, other than the power to make orders under section 10 and to authorize under this section, may be exercised or performed by any officer or employee of the Agency authorized by the Minister to do so and, if so exercised or performed, shall be deemed to have been exercised or performed by the Minister.

 
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