Technical Data Control Regulations (SOR/86-345)

2 In these Regulations,

array of design or manufacturing know-how

array of design or manufacturing know-how means the know-how and related technical information required to achieve a development, production or utilization purpose and includes any services, processes, procedures, specifications, design data and criteria and testing techniques required to achieve such development, production or utilization purpose; (savoir-faire en matière de conception ou de fabrication)

Canadian contractor

Canadian contractor means

• (a) a person who is

  • (i) a Canadian citizen, or

  • (ii) a permanent resident,

  located in Canada, or

• (b) a corporation that is incorporated under the laws of Canada or a province; (entrepreneur canadien)

Canadian government agency

Canadian government agency means a department, departmental corporation or Crown corporation set out in Schedule I; (organisme canadien)

certified Canadian contractor

certified Canadian contractor means a Canadian contractor

• (a) who has been certified as a certified contractor in accordance with section 6, and

• (b) whose certification has not expired or been revoked; (entrepreneur canadien agréé)

certified contractor

certified contractor means

• (a) a certified Canadian contractor, or

• (b) a certified United States contractor referred to in and governed by Directive 5230.25; (entrepreneur agréé)

critical technology

critical technology means technology that consists of

• (a) an array of design or manufacturing know-how,

• (b) keystone manufacturing, inspection and test equipment,

• (c) keystone materials, or

• (d) goods accompanied by sophisticated know-how,

that would make a significant contribution to the military potential of any one or more countries and the unauthorized disclosure of which may be detrimental to the security of Canada or to cooperative efforts for defence being carried out by Canada or an associated government; (technologie cruciale)

Crown corporation

Crown corporation has the same meaning as in the Financial Administration Act; (société d’État)

department

department has the same meaning as in the Financial Administration Act; (ministère)

departmental corporation

departmental corporation has the same meaning as in the Financial Administration Act; (établissement public)

Directive 5230.25

Directive 5230.25 means the United States Department of Defense Directive 5230.25 entitled Withholding of Unclassified Technical Data from Public Disclosure (49 Federal Register 40040 of 10 December, 1984); (directive 5230.25)

goods accompanied by sophisticated know-how

goods accompanied by sophisticated know-how means goods

• (a) that cannot be used unless certain technical information or operation, application, maintenance or other know-how is provided or disclosed to the prospective user thereof, or

• (b) in respect of which embedded know-how is inherently derivable by reverse engineering or is revealed by use of the goods; (biens exigeant un savoir-faire sophistiqué)

Joint Certification Office

Joint Certification Office means an office jointly staffed by the United States and Canada that manages and administers the certification process set out in section 6; (Bureau mixte d’agrément)

keystone manufacturing, inspection and test equipment

keystone manufacturing, inspection and test equipment means the equipment specifically necessary for the effective application of technical information and know-how; (matériel essentiel de fabrication, d’inspection et d’essai)

keystone materials

keystone materials means materials specifically necessary for the effective application of technical information and know-how; (matériaux essentiels)

located in Canada

located in Canada, in relation to a person, means that the person is ordinarily resident in Canada; (se trouvant au Canada)

other legitimate business activity

other legitimate business activity means

• (a) providing or seeking to provide equipment or technology to a foreign government with the approval of the Government of Canada,

• (b) bidding or preparing to bid on a sale of surplus government property,

• (c) selling or producing products for the commercial domestic marketplace or, if any required export license or permit has been obtained, for the commercial foreign marketplace,

• (d) engaging in scientific research in a professional capacity, or

• (e) acting as a subcontractor to a concern engaged in any activity described in any of paragraphs (a) to (d). (autres activités commerciales admissibles)

• (f) [Repealed, SOR/91-522, s. 1(E)]

permanent resident

permanent resident has the same meaning as in the Immigration Act, 1976; (résident permanent)

technical data

technical data means

• (a) any blueprint, drawing, plan, instruction, computer software or other documentation that discloses critical technology, or

• (b) any other technical information that discloses critical technology if the critical technology can be used or adapted to be used to design, engineer, produce, manufacture, operate, repair, overhaul or reproduce any equipment; (données techniques)

unclassified technical data

unclassified technical data means technical data other than technical data that, in the interest of the national security of Canada, are subject to a system of security classification; (données techniques non classifiées)

working day

working day means any day other than a Saturday or a holiday. (jour ouvrable)