Transfer of Remote Sensing Satellites

Marginal note:Prohibition on transfer of control

• 16. (1) No licensee or former licensee shall permit a command to a remote sensing satellite of the remote sensing space system for which the licence was issued to be given from outside Canada or by any other person unless the licensee or former licensee

  • (a) can override the command from Canada; or

  • (b) has obtained the approval of the Minister.

• Marginal note:Factors for approval

  (2) In deciding whether to give an approval, the Minister shall have 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.

INSPECTION

Marginal note:Designation of inspectors

• 17. (1) The Minister may designate as inspectors for the purposes of this Act persons or classes of persons that the Minister considers qualified.

• Marginal note:Certificate

  (2) Every inspector is to be provided with a certificate attesting to their designation, and shall, at the request of any person appearing to be in charge of any place entered by the inspector, present the certificate to the person.

Marginal note:Powers of inspectors

• 18. (1) Inspectors may, in carrying out their duties and functions,

  • (a) subject to subsection (2), enter and inspect, at any reasonable time, any place owned by or under the control of a licensee, a system participant or any other person who the inspector reasonably believes may be carrying on a controlled activity in the operation of a remote sensing space system, and in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the administration or enforcement of this Act;

  • (b) examine any document, information or thing at the place or remove it for examination or copying;

  • (c) inspect any equipment at the place related to the operation of a remote sensing space system and perform tests of it;

  • (d) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

  • (e) reproduce any record from those data or cause it to be reproduced from them in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and

  • (f) use or cause to be used any copying equipment or means of communication located at the place.

• Marginal note:Warrant required to enter dwelling-place

  (2) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (3).

• Marginal note:Authority to issue warrant

  (3) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing an inspector named in the warrant to enter a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-place is a place described in paragraph (1)(a);

  • (b) entry to the dwelling-place is necessary for any purpose relating to the administration or enforcement of this Act; and

  • (c) entry has been refused, there are reasonable grounds for believing that entry will be refused or consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (4) An inspector executing a warrant issued under subsection (3) shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Assistance to inspector

  (5) The owner or other person in charge of a place entered by an inspector under this section shall give the inspector all reasonable assistance in the power of that person and furnish the inspector with any information that the inspector reasonably requires.

• Marginal note:Obstruction and false information

  (6) No person shall, with respect to an inspector engaged in carrying out their duties and functions,

  • (a) wilfully obstruct or hinder the inspector; or

  • (b) knowingly make or provide to the inspector any false or misleading statement or information.

REQUESTS FOR INFORMATION

Marginal note:Notice for disclosure of information

• 19. (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has any information or document relevant to the administration or enforcement of this Act, requesting the person to provide that information or document, within any reasonable period that the Minister specifies, to the Minister or any person whom the Minister designates.

• Marginal note:Application for court order

  (2) If a person objects to providing or fails to provide the Minister or a designated person, as the case may be, with any requested information or document within the specified period, the Minister may apply to a judge of a superior court of a province or of the Federal Court for an order requiring the person to provide it.

• Marginal note:Notice of hearing

  (3) The Minister shall give the person at least seven days notice of the hearing of the application.

• Marginal note:Order

  (4) On hearing the application, the judge may order the person to provide the information or documents if the judge concludes that providing them is necessary for any purpose relating to the administration or enforcement of this Act and that the public interest in having the information or documents provided outweighs in importance any other interest, including privacy interest, of the person.

REGULATIONS

Marginal note:Regulations

• 20. (1) On the recommendation of the Minister, the Governor in Council may make regulations

  • (a) prescribing a process or series of processes that is or is not to be considered to transform raw data;

  • (b) prescribing classes of persons for the purpose of paragraph 6(d);

  • (c) respecting the issuance, amendment and renewal of licences, including

    • (i) prescribing the manner and form of making applications,

    • (ii) respecting information, documents or undertakings — including the system disposal plan and arrangements referred to in subsection 9(1) — to be provided in support of applications,

    • (iii) prescribing fees for applications or the manner of calculating them,

    • (iv) respecting security assessments of proposed or actual licensees or system participants, and

    • (v) prescribing conditions of licences;

  • (d) requiring notice of any change — of which the licensee has knowledge — in any information that has been provided in connection with an application;

  • (e) respecting the suspension or cancellation of licences;

  • (f) respecting the operation of licensed systems;

  • (g) requiring periodic or special reports concerning licensed systems;

  • (g.1) respecting the archiving of raw data, including the public access to the archived data;

  • (h) respecting the keeping of records;

  • (i) prescribing fees, including periodic fees, for a licence, or the manner of calculating those fees, and when they are to be paid;

  • (j) respecting the determination of amounts that may be paid under subsection 22(2);

  • (k) for carrying out sections 23 and 25, including

    • (i) designating any provision of this Act or of any regulation, order or direction made under this Act or any requirement of such a provision or any condition or class of conditions of a licence or provision or class of provisions of a system disposal plan as a provision, requirement or condition whose contravention may be proceeded with as a violation,

    • (ii) prescribing the maximum administrative monetary penalty for a particular violation, which maximum may not exceed $5,000, in the case of an individual, and $25,000, in any other case,

    • (iii) prescribing criteria to be taken into account in determining the amount of a proposed penalty,

    • (iv) respecting compliance agreements, and

    • (v) respecting appeals;

  • (l) respecting the giving or service of notices under this Act;

  • (m) respecting the making of representations under this Act;

  • (n) prescribing anything that is to be prescribed under this Act; and

  • (o) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Regulations may vary

  (2) Regulations made under subsection (1) may vary according to any criterion or combination of criteria or by class of remote sensing space system, operator or activity.

• Marginal note:Incorporation by reference

  (3) For greater certainty, a regulation made under subsection (1) incorporating by reference any classifications, standards, procedures, spec­ifications or rules may incorporate them as they are amended from time to time.

DELEGATION

Marginal note:Minister

• 21. (1) The Minister

  • (a) may not delegate the exercise of the Minister’s powers under subsection 4(3) or 14(1);

  • (b) may delegate only to his or her deputy minister the exercise of the Minister’s powers under subsection 15(1); and

  • (c) may delegate to any officer or class of officers — or, with the consent of the Minister of National Defence, a member or class of members of the Canadian Forces — the exercise of any other powers of the Minister under this Act.

• Marginal note:Minister of National Defence

  (2) The Minister of National Defence

  • (a) may not delegate the exercise of that minister’s powers under subsection 14(2); and

  • (b) may delegate only to his or her deputy minister or the Chief of the Defence Staff the exercise of that minister’s powers under subsection 15(2).

• Marginal note:Solicitor General

  (3) The Solicitor General of Canada may delegate only to

  • (a) the Commissioner of the Royal Canadian Mounted Police the exercise of that minister’s powers under paragraph 15(3)(a);

  • (b) the Director of the Canadian Security Intelligence Service the exercise of that minister’s powers under paragraph 15(3)(b); and

  • (c) the Deputy Solicitor General of Canada the exercise of that minister’s powers under paragraph 15(3)(c).

NO LIABILITY

Marginal note:No right to compensation

• 22. (1) No person is entitled to financial compensation from Her Majesty in right of Canada for any financial losses resulting from any of the following actions taken in good faith: the amendment of a system disposal plan or arrangements under subsection 9(3); the amendment of a licence under section 10; the suspension of a licence under section 11; the cancellation of a licence under section 12; or, the making of an order under section 13, 14 or 15.

• Marginal note:Authority to make payment

  (2) A minister may pay a licensee an amount determined in accordance with the regulations for the service provided as a result of an order made by that minister under section 15.