Technical Data Control Regulations (SOR/86-345)

Disposition of Application for Certification

• 7 (1) Where an application for certification is made under subsection 6(1) by a Canadian contractor, the Joint Certification Office may accept the application or refer it to an officer of the Department of Supply and Services designated by the Minister.

• (2) Where an application is referred to an officer pursuant to subsection (1), the officer shall review the application and either accept or reject it.

• (3) Where an application is rejected pursuant to subsection (2), the Canadian contractor may, within 20 working days after being notified of the rejection, request that the application be reviewed by the Deputy Minister of Supply and Services and, on the review, the Deputy Minister may accept the application or confirm its rejection.

• (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.

Suspension and Revocation of Certification

• 8 (1) Where the Minister receives credible information from which he determines that a certified Canadian contractor

  • (a) has contravened any provision of these Regulations,

  • (b) has contravened any export control laws of Canada,

  • (c) has not complied with anything that the contractor certified in the application made by the contractor pursuant to subsection 6(1),

  • (d) omitted from the application referred to in paragraph (c) any material fact or mis-stated any material fact therein, or

  • (e) certified in bad faith to anything in the application referred to in paragraph (c),

  the Minister may, by notice in writing to the contractor, suspend the contractor’s eligibility to obtain unclassified technical data.

• (2) A notice of suspension sent pursuant to subsection (1) shall state the reason for the suspension in sufficient detail to enable the contractor to make representations to the Minister pursuant to subsection (3).

• (3) A certified Canadian contractor to whom a notice is sent pursuant to subsection (1) may make representations in writing to the Minister in respect of the suspension and, where the contractor shows the Minister

  • (a) that the reason for the suspension no longer exists, or

  • (b) that the decision to suspend the contractor ought not to have been made,

  the Minister shall remove the suspension.

• (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

  • (a) reconsider the revocation in light of the new or additional information; and

  • (b) give written notice to the contractor as to whether or not the contractor’s certification will be restored.

Access to and Control of Unclassified Technical Data

• 9 (1) A certified contractor may request unclassified technical data by submitting to the Canadian government agency that administers and controls the data a request in writing therefor.

• (2) A request made pursuant to subsection (1) shall include a statement of the use that the contractor intends to make of the unclassified technical data.

• (3) Subject to subsections (4) and (5), a Canadian government agency to which a request for unclassified technical data is made by a certified contractor pursuant to subsection (1) shall authorize release of the data to the contractor unless

  • (a) the certification of the contractor stands suspended;

  • (b) the agency is of the opinion that the data requested are not properly related to any business activity disclosed by the contractor in the course of becoming a certified contractor; or

  • (c) the data are requested for a purpose other than to permit the contractor to bid or perform on a contract with any other Canadian government agency or any other agency of the Government of Canada, and the Canadian government agency determines that the purpose for which the data are being sought is one that may jeopardize a technological or operational military advantage of Canada.

• (4) Where a Canadian government agency to which a request is made by a certified contractor pursuant to subsection (1) is unable, on the information provided by the contractor, to determine whether paragraph (3)(b) applies, the agency may request the contractor to provide additional information with respect to the use that the contractor intends to make of the unclassified technical data or, if the agency considers it appropriate, may request the contractor to submit, pursuant to section 6, a new application in which the business activity of the contractor to which the data relates is disclosed by the contractor pursuant to subsection 6(2).

• (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;

  • (b) impose special conditions or safeguards on the use of the data in order to prevent the data from becoming available to persons who are not authorized to obtain it; and

  • (c) require the contractor to enter into an agreement governing the use of the data by the contractor, providing for payment by the contractor and generally setting forth the rights and obligations of the contractor and the agency with respect to the unclassified technical data.

• (6) A certified contractor who receives unclassified technical data pursuant to these Regulations

  • (a) shall use the data only for purposes that are consistent with the matters to which it has certified pursuant to subsection 6(1);

  • (b) subject to subsection (7), shall not disclose the data to any person other than another certified contractor in relation to a business activity disclosed by the other contractor in the course of becoming a certified contractor; and

  • (c) shall comply with any restrictions, limitations, conditions or safeguards imposed pursuant to subsection (5).

• (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

  • (a) pursuant to subsection (1) for unclassified technical data, or

  • (b) pursuant to subsection (7) for authorization to disclose unclassified technical data other than as permitted by subsection (6),

  is denied by the agency, the agency shall, in writing, give its reason for the denial to the contractor and inform the contractor of any procedures that have been established to which the contractor may have recourse if the contractor wishes the agency to reconsider the request.