Remote Sensing Space Systems Regulations (SOR/2007-66)

Regulations are current to 2017-10-13 and last amended on 2007-04-05. Previous Versions

Remote Sensing Space Systems Regulations

SOR/2007-66

REMOTE SENSING SPACE SYSTEMS ACT

Registration 2007-03-29

Remote Sensing Space Systems Regulations

P.C. 2007-433 2007-03-29

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 20 of the Remote Sensing Space Systems ActFootnote a, hereby makes the annexed Remote Sensing Space Systems Regulations.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Remote Sensing Space Systems Act. (Loi)

    command protection plan

    command protection plan means a plan designed to protect the commands given to a remote sensing satellite of a remote sensing space system and the sales orders that give rise to those commands. (plan de protection des commandes)

    contact information

    contact information means a person’s street and mail address, telephone and fax number and electronic mail address. (coordonnées)

    data protection plan

    data protection plan means a plan designed to protect raw data and the remote sensing products produced from that data. (plan de protection des données)

    entity

    entity means a corporation, a partnership, a government, a government agency and an unincorporated organization. (entité)

    identifying information

    identifying information means,

    • (a) in respect of an individual, their date and place of birth and citizenship;

    • (b) in respect of a corporation, its jurisdiction of incorporation or continuation; and

    • (c) in respect of a partnership or unincorporated entity, its jurisdiction of registration. (renseignements identificatoires)

    sales order

    sales order means an order for raw data or a remote sensing product, including an internal order within a licensee or system participant for raw data or a remote sensing product. (commande client)

  • Marginal note:Control

    (2) An entity is controlled by a person if the person has control in fact, whether directly through the ownership of securities or indirectly through a trust, an agreement, an arrangement, the ownership of any body corporate or other means.

  • Marginal note:Affiliation

    (3) One entity is affiliated with another entity if one of them is controlled by the other or both are controlled by the same person.

Applications

Marginal note:Issuance of licence
  •  (1) An application for the issuance of a licence must contain

    • (a) the information and documents set out in Schedule 1; and

    • (b) a declaration, signed and dated by the applicant or their authorized representative, that the information contained in the application is true, complete and correct.

  • Marginal note:System participant

    (2) If the application includes an application to have a person designated as a system participant, the application must include a declaration signed and dated by the proposed system participant or its authorized representative attesting that

    • (a) the proposed system participant is authorized to enter into the agreement referred to in paragraph 32(c) of Schedule 1 by the laws of the jurisdiction in which it proposes to operate and, in the case of a corporation, the laws of the jurisdiction in which it is incorporated or continued; and

    • (b) the information contained in the application relating to the proposed system participant is true, complete and correct.

Marginal note:Amendment of licence
  •  (1) An application for the amendment of a licence must include

    • (a) the applicant’s name and contact information;

    • (b) the amendment requested; and

    • (c) the requested effective date of the amendment.

  • Marginal note:System participant

    (2) If the application includes a request to have a person designated as a system participant, the application must include

    • (a) the declaration described in subsection 2(2); and

    • (b) the information and agreement or proposed agreement referred to in section 32 of Schedule 1.

Marginal note:Renewal of licence

 An application for the renewal of a licence must contain the applicant’s name and contact information and the requested term of the renewal.

Marginal note:General requirements
  •  (1) An application for the issuance, amendment or renewal of a licence must

    • (a) be in writing; and

    • (b) be accompanied by a copy of the application on electronic media.

  • Marginal note:Changes

    (2) If any of the information or documents contained in an application for the issuance, amendment or renewal of a licence changes before the application is approved or refused, the applicant shall, without delay, inform the Minister of the change.

Marginal note:Copy of agreement

 If an application contains a copy of a proposed agreement referred to in paragraph 32(c) of Schedule 1, the licensee must provide the Minister with the final copy of the agreement as soon as it comes into effect.

Marginal note:Minister’s notification

 If an application to issue a licence has not been approved or refused within 180 days after the applicant has provided the required information and documents, the Minister shall, as soon as feasible, notify the applicant of any issues to be resolved and any action required to resolve them. In the case of an application to amend or renew a licence, the period is 90 days after the applicant has provided the required information and documents.

Prescribed Factors

Marginal note:All applications

 For the purposes of subsection 8(1) of the Act, the prescribed factors are the following:

  • (a) the ability of the applicant to comply with the Act and these Regulations; and

  • (b) the enhancement of the competitiveness, at the national and international levels, of the Canadian remote sensing space industry.

Marginal note:Renewal of licence

 In addition to the factors prescribed in section 8, the following factors are prescribed in respect of an application for the renewal of a licence:

  • (a) any unpaid fee, fine, penalty or other amount due under the Act that is owing by the licensee;

  • (b) the danger to the environment, public health or the safety of persons and property arising from not disposing of the licensed system in accordance with the timing of the system disposal plan; and

  • (c) the data continuity for recipients of raw data or remote sensing products.

Marginal note:Amendment of licence conditions

 For the purposes of subsection 10(1) of the Act, the prescribed factors are the following:

  • (a) the failure of the licensee to comply with the Act, these Regulations or the conditions of the licence; and

  • (b) the failure of a system participant to comply with the provisions of the agreement referred to in paragraph 32(c) of Schedule 1.

Marginal note:Cancellation of licence

 For the purposes of section 12 of the Act, the prescribed factors are the following:

  • (a) the failure or inability of the licensee to comply with the Act, these Regulations or the conditions of the licence; and

  • (b) the failure of the licensee to pay any fee, fine, penalty or other amount due under the Act.

Licence Conditions

Marginal note:Prescribed conditions

 The following conditions are prescribed as conditions of a licence:

  • (a) the licensee must have a contact person for the purpose of communication with the Government of Canada who is an individual who meets the requirements of the appropriate level of security clearance — under the Government Security Policy, as amended from time to time, published by the Treasury Board Secretariat — for the nature of the commands given to and the raw data acquired by the remote sensing satellites of the licensed system;

  • (b) the licensee must, without delay, notify the Minister in writing of any change in control of the licensee or an affiliate of the licensee that is involved in the operation of the licensed system and provide the name, identifying information and contact information of each person who exercises control;

  • (c) the licensee must, without delay, notify the Minister in writing of any change in the name, identifying information or contact information of the licensee or any system participant;

  • (d) the licensee must on a regular basis evaluate the system disposal plan for the licensed system and, if amendments are needed, without delay, apply to the Minister for an amendment to the plan in accordance with paragraph 9(3)(a) of the Act;

  • (e) the licensee must evaluate its command protection plan and data protection plan on a regular basis and ensure that its system participants evaluate their data protection plans and, if any, their command protection plans and notify the Minister in writing, without delay, of any proposed changes to any of those plans; and

  • (f) the licensee must, without delay, notify the Minister in writing of its decision to discontinue operation of the licensed system, or of the financial insolvency, dissolution or termination of operations of the licensee or one of its system participants.

 
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