Technical Data Control Regulations (SOR/86-345)

6 (1) A Canadian contractor who wishes to be certified as a certified contractor shall apply for certification to the Joint Certification Office at the address set out in subsection 4(1) on a form obtained from that Office and shall certify as follows on the form:

• (a) that the person who will act on its behalf as custodian of any unclassified technical data that it obtains is a Canadian citizen or a permanent resident of Canada;

• (b) that the unclassified technical data that it wishes to obtain are or will be needed

  • (i) to bid or perform on a contract with a Canadian government agency, the United States Department of Defense or another agency of the Government of Canada or of the United States, or

  • (ii) for other legitimate business activities in which the Canadian contractor is engaged or plans to engage;

• (c) that it

  • (i) acknowledges its responsibilities under any applicable export control laws of Canada, and

  • (ii) agrees that any unclassified technical data that it obtains will not be disseminated by it in a manner that would contravene the export control laws of Canada;

• (d) that it will not provide access to any unclassified technical data that it obtains to persons other than its employees or persons acting on its behalf, except

  • (i) where it obtains the data from a Canadian government agency, the United States Department of Defense or an agency of the United States Department of Defense, with the permission of the Canadian government agency, the United States Department of Defense or the agency of the United States Department of Defense, as the case may be, or

  • (ii) in accordance with paragraph 9(6)(b) or Directive 5230.25, whichever is applicable;

• (e) that no person employed by it or acting on its behalf who will have access to unclassified technical data

  • (i) is debarred or suspended from performing, or is otherwise ineligible to perform, on Canadian or United States Government contracts,

  • (ii) has contravened the export control laws of the United States,

  • (ii.1) has been convicted of a contravention of the export control laws of Canada, or

  • (iii) has had a certification revoked under section 8 or under Directive 5230.25; and

• (f) that it

  • (i) is not debarred or suspended from performing, and is not otherwise ineligible to perform, on Canadian or United States government contracts,

  • (ii) has not contravened the export control laws of the United States,

  • (ii.1) has not been convicted of a contravention of the export control laws of Canada, and

  • (iii) has not had a certification revoked under section 8 or under Directive 5230.25.

(2) A Canadian contractor referred to in subsection (1) shall disclose on the form referred to in that subsection any business activity of the contractor in relation to which the contractor will or may wish to obtain unclassified technical data, described sufficiently so that, in the event that the contractor subsequently makes a request for unclassified technical data, an evaluation can be made of whether the unclassified technical data requested by the contractor properly relates to any such business activity.

(3) Where a Canadian contractor referred to in subsection (1) cannot truthfully certify as required by paragraph (1)(e) or (f), the contractor may request that the application for certification be accepted on the basis of extenuating circumstances set forth by the contractor in writing and submitted to the Joint Certification Office with the application for certification.

(4) Where a Canadian contractor applies for certification pursuant to subsection (1), the contractor shall attest, on the form on which the application is made and in the manner indicated in the form, that the information and attestations are true, complete and accurate to the best of the knowledge and belief of the contractor and are provided in good faith.

(5) Where, for the purpose of determining whether a Canadian contractor who has submitted a completed form to the Joint Certification Office should be certified as a certified contractor, the Joint Certification Office requires information additional to that provided on or in conjunction with the form, the contractor shall provide such additional information as the Joint Certification Office may reasonably request.