Remote Sensing Space Systems Act (S.C. 2005, c. 45)

Marginal note:System disposal plan and arrangements

• 9. (1) The Minister may not issue a licence without having approved

  • (a) a system disposal plan for the licensed system satisfactory to the Minister that, among other things, provides for the protection of the environment, public health and the safety of persons and property; and

  • (b) arrangements satisfactory to the Minister relating to the guarantee of the performance of the licensee’s obligations under the system disposal plan.

• Marginal note:Obligations regarding plan and arrangements

  (2) A licensee and, in the case of a licence that has terminated, the former licensee, shall

  • (a) ensure that the following things are disposed of in accordance with the system disposal plan approved by the Minister:

    • (i) every system satellite,

    • (ii) the things used in connection with the cryptography and information assurance measures of the system,

    • (iii) any raw data and remote sensing products from the system that are under the control of the licensee or former licensee, and

    • (iv) anything else prescribed; and

  • (b) put into effect the guarantee arrangements approved by the Minister under paragraph (1)(b) and keep them in effect until the system disposal plan has been carried out.

• Marginal note:Amendment of system disposal plan or arrangements

  (3) The Minister may, if the Minister is satisfied that it is desirable to do so, having regard to national security, the defence of Canada, the safety of Canadian Forces, Canada’s conduct of international relations, Canada’s international obligations and the protection of the environment, public health and the safety of persons and property and any prescribed factors,

  • (a) on application, amend a system disposal plan or the guarantee arrangements approved by the Minister under paragraph (1)(b); or

  • (b) on the Minister’s own initiative, on first giving notice to the licensee or former licensee that provides a reasonable opportunity to make representations, amend a system disposal plan.

Amendment, Suspension and Cancellation of Licences

Marginal note:Amendment of conditions on Minister’s initiative

• 10. (1) The Minister may on the Minister’s own initiative, if the Minister is satisfied that the amendment is desirable, having regard to national security, the defence of Canada, the safety of Canadian Forces, Canada’s conduct of international relations, Canada’s international obligations and any prescribed factors, amend a licence with respect to any condition contemplated by any of subsections 8(5) to (7).

• Marginal note:Amendment — s. 8(5)

  (2) If the amendment concerns a condition contemplated by subsection 8(5), the Minister must first give to the licensee notice of the proposed amendment and a reasonable opportunity to make representations regarding it.

• Marginal note:Amendment — s. 8(6) or (7)

  (3) An amendment concerning a condition contemplated by subsection 8(6) or (7) may be effective immediately on notice to the licensee, but the Minister shall give to the licensee an opportunity — during a period of 15 days after the notice or any longer period that the Minister specifies — to make representations regarding it.

Marginal note:Suspension of licence

• 11. (1) The Minister may suspend a licence in whole or in part for a period of up to 90 days if the Minister is satisfied that the continued operation of a licensed system is likely to be

  • (a) injurious to national security, the defence of Canada, the safety of Canadian Forces or Canada’s conduct of international relations; or

  • (b) inconsistent with Canada’s international obligations.

  The suspension may be effective immediately on notice to the person, but the Minister shall, in the notice, set out the reasons for the suspension and give to the person an opportunity — during a period of 15 days after the notice or any longer period that the Minister specifies — to make representations regarding it.

• Marginal note:Extension of suspension

  (2) If the licence is suspended for less than 90 days, the Minister may extend the suspension for any further period or periods to a maximum total of 90 days if the Minister is satisfied that there continues to be a reason for the suspension under subsection (1).

• Marginal note:Further automatic extension of suspension

  (3) If the Minister gives notice of a proposed cancellation before the suspension expires, the suspension continues, unless the Minister earlier ends it, until the end of the period for making representations regarding the proposed cancellation.

Marginal note:Cancellation of licence

12. The Minister may cancel a licence if it is suspended and a reason for the suspension continues to exist or if, at any time, the Minister is otherwise satisfied, having regard to national security, the defence of Canada, the safety of Canadian Forces, Canada’s conduct of international relations, Canada’s international obligations and any prescribed factors, that the licence ought to be cancelled. But the Minister shall first give to the licensee notice of the reasons for the proposed cancellation and an opportunity — during a period of 45 days after the notice or any longer period that the Minister specifies — to make representations regarding it.

Marginal note:Measures ordered on suspension or termination of licence

• 13. (1) The Minister may make an order requiring a person whose licence is suspended or cancelled or has expired to take any measures related to the operation of the remote sensing space system that the Minister considers advisable, having regard to

  • (a) national security, the defence of Canada, the safety of Canadian Forces, Canada’s conduct of international relations and Canada’s international obligations; and

  • (b) the system disposal plan, including its provisions for the protection of the environment, public health and the safety of persons and property.

  The order may be effective immediately on notice to the person, but the Minister shall give to the person an opportunity — during a period of 15 days after the notice or any longer period that the Minister specifies — to make representations regarding it.

• Marginal note:Non-application of Statutory Instruments Act

  (2) The Statutory Instruments Act does not apply to an order made under this section.

Interruptions of Service

Marginal note:Minister’s order

• 14. (1) The Minister may make an order requiring a licensee to interrupt or restrict, for the period specified in the order, any operation, including the provision of any service, of the licensed system if the Minister believes on reasonable grounds that the continuation of that operation would be injurious to Canada’s conduct of international relations or inconsistent with Canada’s international obligations.

• Marginal note:Order of Minister of National Defence

  (2) The Minister of National Defence may make an order requiring a licensee to interrupt or restrict, for the period specified in the order, any operation, including the provision of any service, of the licensed system if the Minister of National Defence believes on reasonable grounds that the continuation of that operation would be injurious to the defence of Canada or the safety of Canadian Forces.

• Marginal note:Non-application of Statutory Instruments Act

  (3) The Statutory Instruments Act does not apply to an order made under this section.

• Marginal note:Non-disclosure direction

  (4) If the minister making an order under subsection (1) or (2) is satisfied that the substance of the order ought not to be disclosed for the same reasons as those on which the order is founded, that minister may include in the order a direction that no person shall disclose its substance to any other person except as required by law or as necessary to give it effect.

• Marginal note:Notice and opportunity to make representations

  (5) An order made under this section may take effect immediately on notice to the licensee, but the minister making the order shall give to the licensee an opportunity — during a period of 15 days after the notice or any longer period that the minister specifies — to make representations regarding it.

Priority Access

Marginal note:Minister’s order for priority access

• 15. (1) The Minister may make an order requiring a licensee to provide to Her Majesty in right of Canada any service through the licensed system that the Minister believes on reasonable grounds is desirable for the conduct of international relations or the performance of Canada’s international obligations.

• Marginal note:Order of Minister of National Defence

  (2) The Minister of National Defence may make an order requiring a licensee to provide to Her Majesty in right of Canada any service through the licensed system that that minister believes on reasonable grounds is desirable for the defence of Canada or the safety of Canadian Forces.

• Marginal note:Order of Solicitor General

  (3) The Solicitor General of Canada may make an order requiring a licensee to provide any service through the licensed system

  • (a) to the Royal Canadian Mounted Police that that minister believes on reasonable grounds is desirable for the fulfilment of its members’ responsibilities under subsection 6(1) of the Security Offences Act;

  • (b) to the Canadian Security Intelligence Service that that minister believes on reasonable grounds is desirable for the fulfilment of its duties and functions under the Canadian Security Intelligence Service Act; or

  • (c) to Her Majesty in right of Canada that that minister believes on reasonable grounds is desirable for critical infrastructure protection or emergency preparedness.

• Marginal note:Details of orders

  (4) An order made under this section must specify the period during which the service is to be provided and may specify how and with what priority it is to be provided.

• Marginal note:Non-application of Statutory Instruments Act

  (5) The Statutory Instruments Act does not apply to an order made under this section.

• Marginal note:Non-disclosure direction

  (6) If the minister making an order is satisfied that the substance of the order ought not to be disclosed for the same reasons as those on which the order is founded, that minister may include in the order a direction that no person shall disclose its substance to any other person except as required by law or as necessary to give it effect.

• Marginal note:Notice and opportunity to make representations

  (7) An order made under this section may take effect immediately on notice to the licensee, but the minister making the order shall give to the licensee an opportunity — during a period of 15 days after the notice or any longer period that the minister specifies — to make representations regarding it.