GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Remote Sensing Space Systems Act — R-5.4 14
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. 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. Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under this section. 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. 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.
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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. 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. Order of Minister of Public Safety and Emergency Preparedness (3) The Minister of Public Safety and Emergency Preparedness 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. 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. Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply to an order made under this section. 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. 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. 2005, c. 45, ss. 15, 46
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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. 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.
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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. 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.
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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. 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). 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. 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. 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. 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.
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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. 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. Notice of hearing (3) The Minister shall give the person at least seven days notice of the hearing of the application. 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.
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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. 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. 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.
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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. 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). Minister of Public Safety and Emergency Preparedness (3) The Minister of Public Safety and Emergency Preparedness 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 Minister of Public Safety and Emergency Preparedness the exercise of that minister’s powers under paragraph 15 (3)(c). 2005, c. 45, ss. 21, 46
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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 . 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 .
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Violations 23 Every person who contravenes a provision, requirement or condition designated under subparagraph 20 (1)(k)(i) commits a violation and is liable to an administrative monetary penalty not exceeding the maximum prescribed or, if no maximum has been prescribed, to a penalty not exceeding $5,000, in the case of an individual, and $25,000, in any other case.
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Designation of enforcement officers 24 (1) The Minister may designate as enforcement officers for the purposes of this Act persons or classes of persons that the Minister considers qualified. Certification of designated persons (2) Enforcement officers are to receive a certificate attesting to their designation and shall, on demand, present the certificate to any person from whom they request information in the course of their duties or functions. Status of inspector (3) Every enforcement officer is, in carrying out their duties and functions, an inspector.
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Issuance and service 25 (1) If an enforcement officer believes on reasonable grounds that a person has committed a violation, the officer may issue, and shall cause to be served on the person, a notice of violation. Contents of notice (2) The Minister may establish the form and content of notices of violation, but each notice of violation must (a) name the person believed to have committed a violation; (b) identify the violation; (c) set out the penalty that the enforcement officer proposes to impose; (d) inform the person that they may, within 30 days after the notice is served or within any longer period specified in the notice, either pay the penalty set out in the notice or make representations to the officer with respect to the alleged violation or proposed penalty — including any representations about entering into a compliance agreement — and set out the manner for doing so; and (e) inform the person that, if they do not pay the penalty or make representations in accordance with the notice, they will be considered to have committed the violation and the officer may impose a penalty in respect of it. Criteria for penalty (3) The amount of a proposed penalty is, in each case, to be determined taking into account the following matters: (a) the degree of intention or negligence on the part of the person who committed the violation; (b) the harm done by the violation; (c) the person’s history of prior violations or convictions under this Act during the five-year period immediately before the violation; (d) any prescribed criteria; and (e) any other relevant matter.
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Payment 26 If the person pays the penalty proposed in the notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.
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Making of representations 27 (1) If the person alleged to have committed a violation makes representations, the enforcement officer shall either (a) enter into a compliance agreement with the person on behalf of the Minister; or (b) decide on a balance of probabilities whether the person committed the violation and, if so, impose the penalty proposed, a lesser penalty or no penalty, taking into account the matters mentioned in subsection 25 (3). The enforcement officer shall cause notice of any decision made under paragraph (b) to be issued and served on the person together with notice of the person’s right of appeal under subsection 29 (1). Compliance agreements (2) In the course of the making of representations, an enforcement officer may, on behalf of the Minister, enter into a compliance agreement with the person alleged to have committed a violation on any terms that the officer considers satisfactory. The terms (a) must provide for payment by the person to the Receiver General of a specified amount not greater than the penalty proposed in the notice of violation if the person does not comply with the agreement; and (b) may provide for the giving of reasonable security, in a form and an amount that the officer considers satisfactory, for the person’s performance of the agreement. Agreement ends proceedings (3) Entry into a compliance agreement ends the violation proceedings and precludes any further violation or offence proceedings in relation to the act or omission in question. If agreement not complied with (4) The Minister may issue and serve a notice of default on a person who has entered into a compliance agreement but has not complied with it. On service of the notice, the person is liable to pay without delay the amount provided for in the agreement, failing which, the Minister may realize or enforce any security for the person’s performance of the agreement.
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Failure to act 28 A person who neither pays the penalty nor makes representations in accordance with the notice of violation is considered to have committed the violation, and the enforcement officer shall impose the penalty proposed and notify the person of it.
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Right of appeal 29 (1) A person served with notice of a decision made under paragraph 27 (1)(b) may, within 30 days after the notice is served, or within any longer period that the Minister allows, appeal the decision to the Minister. Powers of Minister (2) On an appeal, the Minister may confirm, set aside or vary the decision of the enforcement officer.
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Vicarious liability — acts of employees, agents and mandataries 30 A person is liable for a violation that is committed by the person’s employee acting in the course of the employment or the person’s agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against.
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Due diligence 31 Due diligence is a defence in a proceeding in relation to a violation.
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Continuing violation 32 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
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Limitation period 33 Any proceedings in respect of a violation may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.
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Violation or offence 34 (1) If it is possible to proceed with any act or omission as a violation and it is also possible to proceed with it as an offence, proceeding in one manner precludes proceeding in the other. Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of one.
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Admissibility of documents 35 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 25 (1) or 27 (1) or (4) or given under section 28 or a certificate issued under subsection 37 (1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation or a prosecution for an offence.
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Debts to Her Majesty 36 (1) A penalty imposed under this Act and an amount referred to in subsection 27 (4) each constitute a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction. Time limit (2) No proceedings to recover such a debt may be commenced later than seven years after the debt became payable. Proceeds payable to Receiver General (3) Each such debt is payable to the Receiver General.
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Certificate 37 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 36 (1). Registration in Federal Court (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.
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Contravention — section 5 , 13 or 14 or subsection 16 (1) 38 (1) Every person who contravenes section 5 or subsection 16 (1) or an order made under section 13 or 14 is guilty of an offence and liable on summary conviction (a) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 18 months, or to both; and (b) in any other case, to a fine not exceeding $250,000. Contravention — section 15 or subsection 18 (5) or (6) (2) Every person who contravenes subsection 18 (5) or (6) or an order made under section 15 is guilty of an offence and liable on summary conviction (a) in the case of an individual, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months, or to both; and (b) in any other case, to a fine not exceeding $125,000.