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;
[...]
(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
(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.
(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.
2 In these Regulations,
certified Canadian contractor means a Canadian contractor
(a) who has been certified as a certified contractor in accordance with section 6, and
Crown corporation has the same meaning as in the Financial Administration Act; (société d’État)
department has the same meaning as in the Financial Administration Act; (ministère)
departmental corporation has the same meaning as in the Financial Administration Act; (établissement public)
other legitimate business activity means
(e) acting as a subcontractor to a concern engaged in any activity described in any of paragraphs (a) to (d). (autres activités commerciales admissibles)
permanent resident has the same meaning as in the Immigration Act, 1976; (résident permanent)
(5) A Canadian government agency to which a request for unclassified technical data is made by a certified contractor pursuant to subsection (1) may
(a) in the interest of the national security of Canada, refuse to authorize the release of the data if the agency deems that the purpose for which the data are sought is such as may possibly jeopardize the development or maintenance of a defence industrial base in Canada or an important technological or operational military advantage of Canada or the agency may in such circumstance authorize the release of the data subject to such restricitons or limitations as the agency considers advisable;
(7) A certified contractor who wishes to disclose unclassified technical data other than as permitted by subsection (6) may do so only if authorized by the Canadian government agency that administers and controls the data and only in accordance with that authorization.
(8) Where a request by a certified contractor to a Canadian government agency
(b) pursuant to subsection (7) for authorization to disclose unclassified technical data other than as permitted by subsection (6),
(4) Where, within 20 working days after the date of the notice sent pursuant to subsection (1), the contractor has not shown as described in paragraph (3)(a) or (b), the Minister may revoke the contractor’s certification as a certified Canadian contractor.
(5) Where the Minister revokes a contractor’s certification as a certified Canadian contractor pursuant to subsection (4), the Minister shall give written notice of the revocation to the contractor.
(6) Within thirty days after a notice of revocation is given in accordance with subsection (5), a Canadian contractor whose certification has been revoked may submit to the Minister new or additional information showing why the revocation should not have been made and, in such a case, the Minister shall
(b) give written notice to the contractor as to whether or not the contractor’s certification will be restored.
(4) Where an application is accepted pursuant to this section, the Canadian contractor is thereby certified as a certified contractor for a period commencing on the date that the application is accepted and ending five years after that date, unlesss the certification is sooner revoked under section 8.
