# Presentation: 662636

## Canadian Commercial Remote Sensing Data PolicyThe Remote Sensing Space Systems Act 

- Phillip J. Baines
- Non-Proliferation and Disarmament
-  (Chemical, Biological, Conventional) Division
- September 20, 2007

## Introduction

- Context
- Chronology of Milestones
*Remote Sensing Space Systems Act*
*Remote Sensing Space Systems Regulations*
- Operating Licences
- Conclusions
- References

## Context

- Civil, Private and Military satellite remote sensing technology has made significant advances
- High capability remote sensing satellites have raised national security, defence and foreign policy concerns
- States must meet their international obligations and should honour their voluntary commitments to regulate the space activities of their nationals
- Governments all promote national social, economic and developmental interests without compromising national security, defence and foreign policy interests
- All legal and regulatory regimes must be effective and efficient

## Chronology of Milestones

- 1995	 RADARSAT-1 is launched (GoC)
- 1998	 RADARSAT-2 programme begins (Private)
- 1999	 Canada’s “Access Control” Policy announced
- 2000	 A CANADA-US Agreement is signed
- 2003	 Government decision for a new law
- 2005	 Bill C-25 is introduced into Parliament
- 2006	 Bill C-25 receives Royal Assent
- 2006	 Regulations are proposed
- 2007	 Regulations gain approval
- 2007	 The Act and Regulations enter into force
- 2007	 RADARSAT-2 on eve of being licensed
- 2007	 RADARSAT-2 is set to be launched

## The Remote Sensing Space Systems Act

- Applies to public, private and public-private systems
- Applies to systems operating within Canada and for Canadians operating systems outside of Canada
- Operators need a licence from the Minister of Foreign Affairs
- Exemptions from the Act are possible for persons, systems and data
- Primary factors for consideration in granting a licence: national security, defence of Canada, protection of Canadian Forces, international relations and international obligations
- Applicants must also commit to dispose of the system, including the satellite

## Licensee-System Participant Agreements and Licensee’s End-User Licence Agreements (EULAs)

**LICENSEE**

**SYSTEM **
**PARTICIPANT(S)**

- EULA

- EULA

- Communication of SLC Data and provision
- of Remote Sensing Products rules are
- both specified in the operating licence

**- Single-Look Complex Data**
**- Remote Sensing Products**

- (a) formulating or giving a command
- to a remote sensing satellite of
- the system;
- (*b*) receiving raw data from a
- remote sensing satellite of the system;
- storing, processing or  distributing raw
- data from the system;
- (*c*) establishing or using
- cryptography in communications
- with a remote sensing satellite of
- the system, or information
- assurance measures
-  for  the system.

**CONTROLLED ACTIVITIES**

**END USERS**

**END USERS**

- Contract with Command
- or Data Protection Plan

**- Raw Data other than SLC**
- - Single-Look Complex (SLC) Data
- - Remote Sensing Products

**ACCESS PROFILES**

**Notes:**
Controlled Activities are in the satellite’s command, data handling and its Information Assurance systems
Approval of the Minister is needed to allow the Licensee have System Participants perform Controlled Activities
Contracts with the Licensee enable domestic and foreign System Participants to meet similar standards for the security of Data and Products with their facilities
Raw Data and transformed Remote Sensing Products are controlled within and released from these facilities
Command and/or Data Protection Plans address, physical, personnel and information assurance security measures for these aspects of the licensed operation
Once released, the Licensee’s own End-User Licence Agreements (EULAs) define the conditions for the security of released Data and Products

## The Remote Sensing Space Systems Act (3)

- Extraordinary powers:
- Priority Access to Services
- Department of National Defence
- Department of Foreign Affairs and International Trade
- National intelligence agency and the national police service
- Interruption of Service
- Department of National Defence
- Department of Foreign Affairs and International Trade
- The Act defines a compliance regime that includes criminal offences, violations and alternate compliance agreements
- The Act also specifies the powers for inspectors and compliance officers within Canada

**Notes:**
Contracts between the Licensee and System Participants enable access to facilities performing Controlled Activities for compliance monitoring
Contracts between the Licensee and System Participants enable access to facilities performing Controlled Activities for compliance monitoring

## The Remote Sensing Space System Regulations

- Contains the procedural details for the administration of the Act
- Defines the information required for application, amendment and the renewal of licences
- System Requirements Review to Preliminary Design Review quality is expected for application submissions
- Command and Data Protection Plans for Controlled Activities are key documents in the regime
- Raw Data must be put on offer for the public good before disposal by the Licensee

**Notes:**
- Licensees and System Participants must declare what they do, do what they declare, and implement a continuous improvement business process to accommodate corrective actions
Interdepartmental arrangements will govern public access to data made available by such means and the Licensee will be exempted from the Act for any such data
-Interdepartmental arrangements will govern public access to data made available by such means and the Licensee will be exempted from the Act for any such data

## The Remote Sensing Space System Regulations (2)

- Specifies the records that must be kept by the Licensee
- Specifies the notices that must be given to the Minister
- Defines the violations and the monetary value of penalties for any such violations

**Notes:**
The legislative and regulatory regime directly influences the behaviour of only one person - the Licensee.  The behaviour of the System Participants and the End-Users is a going concern of the Licensee, as their actions can adversely affect its own business interests.

## Operating Licences

- Identifies persons that exercise control over the Licensee and the System Participants
- Identifies persons that operate the system and perform Controlled Activities
- Specifies any performance restrictions and operating conditions for the system
- Specifies the access profiles for Raw Data and Remote Sensing Products by class of persons, by region imaged, by residency of the End-User and by latency
- Specific End-Users may also be assigned an individual access profile
- Fixes the Command and Data Protection Plans for the Licensee and System Participants
- Also fixes approved End-User Data Licences as requirements of the licence

## Conclusions

- Canada has implemented the *Remote Sensing Space Systems Act*
- Canada is on the eve of issuing its first operating licence for RADARSAT-2
- The Government of Canada has negotiated agreements with the US Government to facilitate access to sensitive US controlled goods and technology by Canadian companies
- Canada is open for business in this exciting new domain of public and private endeavours

## Questions?

## References

*Remote Sensing Space Systems Act*, (2005, c.45), Assented to November 25, 2005 is available at:
- _[http://laws.justice.gc.ca/en](http://laws.justice.gc.ca/en)_
*Remote Sensing Space Systems Regulations*, SOR/2007-66, Registration March 29, 2007 is available at:
- _[http://laws.justice.gc.ca/en](http://laws.justice.gc.ca/en)_
- RADARSAT-1 and -2 information is available at:
- _[http://www.space.gc.ca/asc/eng/satellites/radarsat1/default.asp](http://www.space.gc.ca/asc/eng/satellites/radarsat1/default.asp)_
- _[http://www.space.gc.ca/asc/eng/satellites/radarsat2/default.asp](http://www.space.gc.ca/asc/eng/satellites/radarsat2/default.asp)_
- Contact Information:
- Phillip J. Baines, Senior S&T Advisor, Non-Proliferation and Arms Control (Chemical, Biological, Conventional) Division (IDA), Department of Foreign Affairs and International Trade, Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario Canada K1A 0G2 Phone: (613) 992-5039, Fax (613) 944-3105, E-Mail: _[phillip.baines@international.gc.ca](mailto:phillip.baines@international.gc.ca)_