Technical Data Control Regulations (SOR/86-345)

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after a notice of revocation is given in accordance with subsection (5), a Canadian contractor whose certification has been revoked may submit to the Minister new or additional information showing why the revocation should not have been made and, in such a case, the Minister shall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.