Remote Sensing Space Systems Act — R-5.4 8
Issuance, amendment or renewal of licences 8 (1) On application, the Minister may, having 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, (a) issue a provisional approval of a licence application; (b) issue a licence; or (c) amend or renew a licence. Provisional approval binding (2) A provisional approval is binding on the Minister for so long as the material facts on which it was based remain substantially unchanged. Reasons for refusal of application (3) The Minister shall, without delay, provide reasons to the applicant for any refusal of an application. Conditions of licences (4) Every licence is subject to the conditions referred to in subsections (5) to (7), any prescribed conditions and the following conditions: (a) that the licensee keep control of the licensed system; (b) that the licensee not permit any other person to carry on a controlled activity in the operation of the system except in accordance with the licence; (c) that raw data and remote sensing products from the system about the territory of any country — but not including data or products that have been enhanced or to which some value has been added — be made available to the government of that country within a reasonable time, on reasonable terms and for so long as the data or products have not been disposed of, but subject to any licence conditions under subsection (6) or (7) applicable to their communication or provision; (d) that the licensee keep control of raw data and remote sensing products from the system until they are disposed of in accordance with this Act; (e) that raw data from the system be communicated only to a government referred to in paragraph (c), the licensee, a system participant or a person to whom they may be communicated under subsection (6); (f) that the licensee encourage a recipient of raw data or a remote sensing product who has entered into an agreement referred to in paragraph (6)(b) or (7)(b) to comply with the agreement; and (g) that any prescribed fees be paid when due. Conditions specified by Minister (5) In a licence, the Minister may specify any other condition that the Minister considers appropriate, including any condition (a) relating to the use of cryptography or information assurance measures; or (b) designating any person as a system participant and authorizing the licensee to permit that person to carry on any controlled activity in the operation of the licensed system that the Minister specifies. Conditions specified by Minister — raw data (6) In a licence, the Minister may authorize the communication of raw data or classes of raw data from the licensed system to any persons or classes of persons other than the licensee or system participants on any conditions that the Minister considers appropriate. The conditions may include requirements that, in specified cases or circumstances, the communication of the raw data (a) be subject to the Minister’s prior approval; or (b) be done only under a legally enforceable agreement, entered into in good faith, that includes measures respecting their security or their further communication. The receipt, communication, processing or storage of raw data by such persons is not a controlled activity. Conditions specified by Minister — remote sensing products (7) In a licence, the Minister may restrict the provision of remote sensing products or classes of such products from the licensed system to persons or classes of persons other than the licensee or system participants on any conditions that the Minister considers appropriate. The conditions may include requirements that, in specified cases or circumstances, the provision of the remote sensing products (a) be subject to the Minister’s prior approval; or (b) be done only under a legally enforceable agreement, entered into in good faith, that includes measures respecting their security