Remote Sensing Space Systems Act – Operating licence application guide

Version 2.1 – October 16, 2023

IGN-3530
Global Affairs Canada
Non-Proliferation, Disarmament and Space Division
Space Regulatory Section

Disclaimer

This guide is intended to provide Licensees and System Participants an understanding of the licensing process and facilitate the submission of a complete licence applications. This guide is not intended to replace the Remote Sensing Space Systems Act (RSSSA) and its Regulations, which supersede the guide in the event of any conflict.

Executive summary

Space has become increasingly accessible, having transitioned from a desirable resource to an essential resource. There is more demand than ever for Earth observation images, obtained through the operation of remote sensing space systems.

Such systems are regulated in Canada pursuant to the Remote Sensing Space Systems Act (S.C. 2005, c. 45) (“the Act”) and the Remote Sensing Space Systems Regulations (SOR 2007-66 ) (“the Regulations”).

It is recommended that the Applicant read the Act and the Regulations before consulting this guide. The latter is intended to provide the Applicant with a complete understanding of the licensing process and facilitate the application for an operating licence under the Act.

In this guide, information can be found on the following:

• Application for a licence: Requirements
• The Remote Sensing Space System: Space Segment, Ground Segment, and Data
• Required documentation
• Appendices containing further details.

Global Affairs Canada (Division for Non-Proliferation , Disarmament and Space) is the author of this document. Questions or comments can be sent to RSSSA-LSTS@international.gc.ca

Table of contents

• 1. Introduction
  • 1.1 Acronyms
• 2. Applying for a licence
  • 2.1 Licence application process
• 3. The applicant
  • 3.1 The applicant - Key information and documents
• 4. The system participant
  • 4.1 The system participants - Key information and documents
• 5. The space segment
  • 5.1 Space segment Key information and documents
• 6. The ground segment facilities
  • 6.1 Protection plans
    • 6.1.1 Command protection plan
    • 6.1.2 Data protection plan
    • 6.1.3 Physical security
    • 6.1.4 Information Technology (IT) security
  • 6.2 System disposal plan
  • 6.3 Regular review by the licensee
  • 6.4 Ground segment - Key information and documents
• 7. The data
  • 7.1 The data - Key information and documents
• 8. Application to the Minister
  • 8.1 Provisional approval
• 9. Authorizations to carry out testing operations

Annexes

• Annex A - Application documents list
• Annex B - Protection plans
• Annex C - Guidelines on application
• Annex D - Multi-stage application process
• Annex E - RSSSA operating licence outline
• Annex F - Frequently asked questions

1. Introduction

The application process for a licence to operate a Remote Sensing Space System can appear daunting given the complexity and information required, pursuant to the Remote Sensing Space Systems Act^{Footnote 1} (S.C. 2005, c. 45) (“the Act”).  This document is intended to facilitate the application process by outlining guidelines on the licensing procedure. A separate document will address other aspects of the Act and the Regulations.

The Division for Non-Proliferation , Disarmament and Space at Global Affairs Canada (GAC) administers the Act on behalf of the Minister of Foreign Affairs (hereinafter the Minister). Additionally, GAC is the regulatory body of the Act and the Regulations.

GAC encourages potential Applicants to engage in preliminary consultations before submitting a licence application, by contacting RSSSA-LSTS@international.gc.ca. GAC will review initial application information and advise if modifications are required. Such consultations provide an early opportunity to identify any potential issues associated with the development of a proposed system and the licence application.

Who is required to apply for a RSSSA licence?

In Canada, no person may operate a remote sensing space system, except under authority of a licence. Any Canadian who owns and/or operates remote sensing-capable space system(s) anywhere and foreign owners and/or operators operating such systems in Canada are required to apply for a licence under the Act.

As per Section 2 of the Act, a “person” includes partnerships, a government, a government agency and an unincorporated organization.

1.1 Acronyms

EULA

End-User Licence Agreement

GAC

Global Affairs Canada

IT

Information Technology

Minister

the Minister of Foreign Affairs

RCMP

Royal Canadian Mounted Police

RSSSA

Remote Sensing Space Systems Act or the Act

RSSSR

Remote Sensing Space Systems Regulations or the Regulations

SPA

System Participant Agreement

2. Applying for a Licence

Sections 2 through 7 of the Remote Sensing Space Systems Regulations^{Footnote 2} (SOR/2007-66 ) (“the Regulations”) outline the documentation required to support a license application, amendment, or renewal. The written application must be dated, signed, and attested to by an authorized representative in order to affirm that the information contained in the application is true, complete and correct. A copy of the application must be submitted electronically. Copies of any proposed agreements with System Participants and the final versions of such agreements are to be included. Upon submission by the Applicant of all required information and documents, the Minister has 180 days to respond to an initial application and 90 days to respond to any amendment.^{Footnote 3}

The Regulations include Schedule 1 Information and Documents to Support an Application^{Footnote 4}. Sections 1 to 8 outline the business information and documents required in an application. If an affiliated entity is involved in the operations of the system, it must be identified and its business information provided, as indicated in Section 31. Information is also required regarding the satellite and its operation.

The application must include the following: a System Disposal Plan, Command Protection Plan, and Data Protection Plan (or a combined Command and Data Protection Plan).

If seeking designation of a System Participant, the application must provide detailed business information of the proposed System Participant(s), along with a copy of an agreement between the Applicant and the System Participant (see Section 4 of this guide). Depending on its role, the System Participant(s) must also provide a System Disposal Plan, Command Protection Plan and a Data Protection Plan. The System Participant Agreement must include conditions that oblige the System Participant(s) to comply with the Act, its Regulations, and all licence conditions.

Once an application has been submitted or a licence granted, the Applicant is required to notify the Minister (via GAC’s Space Regulatory Section) of any subsequent changes to the design affecting the system's operational capabilities. GAC will coordinate the review process within the Government of Canada.

As the regulator, GAC has the obligation to treat proprietary information submitted by the Applicant and subsequent Licensee^{Footnote 5} as confidential.

The licence application review process is illustrated in Figure 2-1 below.

Figure 2-1: Licence application review process

Text version

Figure 2-1 is a flowchart that presents an overview of the following process and steps used in the review of a RSSSA application. This figure summarises the information presented in this guide.

Step 1 (Start) – The Applicant contacts GAC Licensing Officer.

Is the Applicant requesting an inquiry?

• Step 1.1 - If yes, conduct an information session and/or a preliminary consultation, then proceed to step 2.
• Step 1.2 - If no, then proceed directly to step 2.

Step 2 – Determine system’s eligibility threshold.

Step 3 – The Applicant is to complete the application submission as per the eligibility threshold (see Annex C for a complete application or Annex D for a reduced application).

Step 4 – The GAC Licensing Officer will conduct a review of the application. This review covers the following parts of a Remote Sensing Space System, which are described within the application:

• Information regarding the Applicant (see Section 3 of the application guide)
• Information regarding the System Participant(s) (see Section 4 of the application guide)
• Information regarding the Space Segment (see Section 5 of the application guide)
• Information regarding the Ground Segment (see Section 6 of the application guide)
• Information regarding the Data (see Section 7 of the application guide)

Step 5 – During the review, has the system’s sensitivity changed?

• Step 5.1 - If yes, GAC requires additional information. Update the application from Step 3 or clarify details as requested by GAC. GAC’s Licensing Officer will need to conduct Step 4’s review again.
• Step 5.2 - If no, is the review complete? If not, the Applicant must update the application from Step 3 with the missing details as requested by GAC. GAC’s Licensing Officer will need to conduct Step 4’s review again.
  If complete continue to step 6.

Step 6 – Once the Application is complete, the Application is sent to the Minister for a licence approval.

Step 7 – The Minister approves the Licence, and the Licence is granted.

2.1 Licence application process

Wherever possible, GAC encourages a potential Applicant to initiate preliminary consultations to help determine whether proposed operations of a remote sensing space system require a licence under the Act.

If an application for a required license is incomplete or becomes inaccurate due to an operational change or other situation prior to the license being issued, the Applicant must promptly submit the updated or corrected information to GAC as soon as possible.^{Footnote 6}

A complete application contains detailed information related to all elements covered in the Regulations’ Schedule 1.

Applications and related documents should be submitted to:

Global Affairs Canada
Division for Non-Proliferation, Disarmament & Space (IGN)
Space Regulatory Section
125 Sussex Drive
Ottawa, Ontario K1A 0G2

Or emailed to: RSSSA-LSTS@international.gc.ca

Schedule 1 of the Regulations outlines the requisite documentation to be included in the application. This is also detailed in Annex C and Annex D of this guide. These annexes are laid out in such a way that they can be used as a basis for an application. If any of the information required is not applicable, the Applicant must indicate “N/A” and provide a rationale. The completed application should be dated and signed by an authorized principal executive officer attesting that the information contained therein is complete and correct. Thereafter, a copy of the application should be sent by electronic mail.^{Footnote 7} Copies of any proposed agreements (including final versions) with System Participants should also be included.

3. The applicant

The Applicant is the person who submits the application for a licence under the Act. This may be an individual or an entity, including: a government or government agency, a corporation, or an unincorporated organization. A designated “contact person” acts as the primary contact for all future communications with GAC, which can the Applicant or another individual.

All required documentation for the Applicant should be complete and in order. Subsequently, GAC consults lists of prohibited entities to ensure that the Applicant, the contact person, and proposed System Participant(s) are not on United Nations and Canadian sanction lists or any specific prohibition lists (for example, the United Nations Act^{Footnote 8} and the Special Economic Measures Act^{Footnote 9}). Regarding the data and remote sensing products, some provisions of the Export and Import Permits Act^{Footnote 10} may apply. Additionally, GAC cross-checks other lists, such as the following:

1. Entities identified and listed from time to time under Canada’s Anti-Terrorism Act^{Footnote 11} and the Criminal Code^{Footnote 12}, and listed on the Public Safety Canada^{Footnote 13} website.
2. Other entities and persons identified and listed on the “Foreign Policy, Economic Issues and Canadian Economic Sanctions” listings, which are located at the following links:
   1. Current sanctions imposed by Canada^{Footnote 14} ; and
   2. Listed Persons^{Footnote 15}.

3.1. The applicant - Key information and documents

Data on the Applicant's proposed remote sensing space system must be sufficiently detailed to enable GAC to determine whether it meets the requirements of the Act and the Regulations. A list of all key documents is found in Annex A of this guide.

1. Identification and contact information of the Applicant.
2. Identification and contact information of the “contact person” for the Applicant.
3. Security documents for the contact person, as per Schedule 1, Section 3 of the Regulations:
   1. Personnel screening form; Security screening certificate; Security clearance form; and
   2. Royal Canadian Mounted Police (RCMP) fingerprint form.

• Please note that GAC is not responsible for administering these forms. They can be obtained directly from the Treasury Board Secretariat (for forms under 3(a) above) and the RCMP (for the form under 3(b) above). The Applicant’s security officer should contact relevant government departments, such as Public Services and Procurement Canada,^{Footnote 16} for information on obtaining the required security clearance.
• The minimum required security clearance is “reliability,” but this can be higher depending on the complexity and sensitivity of the remote sensing space system.

4. If the Applicant is an entity other than a government or government agency, as per Schedule 1, Section 4 of the Regulation, the following financial information is required: 
   1. a certified copy of its instrument of incorporation or continuance or its business registration in its jurisdiction of operation, as the case may be;
   2. the name, identifying information and contact information of the chief executive officer and each of the Applicant’s directors, if any;
   3. the name, identifying information and contact information of each of the Applicant’s officers who will be responsible for the operation of the remote sensing space system;
   4. the name, identifying information and contact information of each owner with an interest equal to or greater than 10% in the Applicant entity, and the interest held by that owner; and
   5. the name, identifying information and contact information of each person who exercises control over the Applicant.
5. The name, identifying information and contact information of each of the Applicant’s secured creditors, as per Schedule 1, Section 5 of the Regulations.
6. The name, identifying information, contact information and amount of indebtedness for every person to whom the Applicant is indebted for more than 5% of the Applicant’s total indebtedness, as per Schedule 1, Section 6 of the Regulations.
7. The name, identifying information and contact information of each affiliate that will be involved in the operation of the system are also required, as per Schedule 1, Section 31 of the Regulations.

4. The system participant

A System Participant is an individual or entity participating in the operation of the licensed remote sensing space system, through the performance of Controlled Activities. The Minister may designate any person or entity as a System Participant and authorize the Licensee to permit that person to carry out any specified Controlled Activity in the operation of the system. A System Participant Agreement is negotiated between the Applicant/Licensee and the System Participant(s), and must be approved by GAC.

It is essential to include all information outlined in Section 32 of the Regulations’ Schedule 1 in a System Participant Agreement. For the purpose of the licence application, a final draft of the System Participant Agreement agreed to by both parties and approved by GAC is acceptable. The final signed copy can be provided after the licence is issued.

4.1 The system participants - Key information and documents

Data on the System Participant should be sufficiently detailed to enable GAC to determine whether the proposal meets the requirements of the Act and the Regulations. A list of all key documents is found in Annex A of this guide.

1. Identification and contact information for each System Participant (as per the Applicant’s requirements listed in Section 3.1 above).
2. Description of the Remote Sensing Space System, identifying the individual roles played by the Applicant and System Participant(s), particularly relating to the performance of Controlled Activities with regard to the Remote Sensing Space System.
3. Security documents for the contact person for each System Participant (as per the Applicant’s requirements listed in Section 3.1 above).
4. Names and security information for persons performing Controlled Activities.
5. Final draft or signed copy of the System Participant Agreement, attaching other required documents such as:
   1. General Site Description;
   2. Individual or consolidated Data and Command Protection Plans; and
   3. System Disposal Plans, as they relate to the operations of the System Participant, where the same information has not been presented elsewhere by the Applicant.
6. Any related documentation under the three components of a remote sensing space system (see Sections 5, 6 and 7 of this guide) for which the System Participant contributes.

5. The space segment

All satellites capable of remotely sensing the Earth through the use of electromagnetic waves fall within the jurisdiction of the Act. Satellites may be considered as private, public, scientific or dual-use .^{Footnote 17} The supporting documents submitted with the application will be reviewed and analyzed by GAC together with other departments or agencies.^{Footnote 18} Once a decision is reached on whether the satellite is acceptable for use in Canada or by Canadians abroad, GAC will verify that the satellite is approved for use under the Radiocommunication Act.^{Footnote 19}

Preliminary design and critical design review reports for “each type of remote sensing sensor” and “each type of satellite platform of each type of remote sensing satellite” are required by the Minister.^{Footnote 20} These reports are to be provided within 45 days following completion of the design reviews. As well, identifying information details for the satellite are required for registration of the satellite with the United Nations.^{Footnote 21}

For any satellite, four operational tasks may be considered:

1. Launch and Early Operational Phase
2. Ongoing Telemetry, Tracking and Control
3. Data download that is “bent-piped ”^{Footnote 22} to a location outside of Canada
4. Data download and/or archiving and/or processing and/or distribution from within Canada

In addition to a general description of the satellite, as described in the Regulations, each proposed satellite operation comes with its unique documentation requirements. The information required is outlined in the documents referred to in the following section.

5.1 Space segment - Key information and documents

Data on the remote sensing space system’s space segment must be sufficiently detailed to enable GAC to determine whether the proposal meets the requirements of the Act and the Regulations. A list of all key documents is found in Annex A of this guide.

1. Identification and contact information for the satellite owner/operator (if different from the Applicant)
2. Identification and contact information on the contact person for the satellite owner and/or operator (if different from the Applicant)
3. Preliminary design review and critical design review reports
4. General description of the satellite
5. Satellite technical details
6. Data and Command Protection Plans
7. Encryption Methodology
8. System Disposal Plan (disposal of satellites(s))
9. End-User Licence Agreement, if applicable
10. Copy of the International Communication Union Registration and Radiocommunication Licence.

6. The ground segment facilities

The Act governs the ground stations or facilities, from the planning stage to its final disposal. The Applicant is required to submit reports on the preliminary and critical design review for the ground stations and/or facilities “including its reception, storage, processing, delivery and information assurance subsystems”^{Footnote 23} for a ground station/facility under construction. GAC further requires:

• A copy of all permits and authorisations obtained from the various authorities (e.g., the Municipal Building Permit and environmental approval);
• Structural design drawings of the facilities; and
• Engineering drawings showing the location of the ground station, the complete perimeter of the lot and the location of external security devices.

6.1 Protection plans

Two protection plans are required to accompany an application: A Command Protection Plan and a Data Protection Plan. These two plans may be combined into a single document as long as it addresses all the requirements (see Annex B of this guide).

6.1.1 Command protection plan

The detailed components of a Command Protection Plan are listed in the Regulations.^{Footnote 24} Items to be reviewed by GAC in respect of a ground station/facility include, but are not limited to: encryption and other protective measures in place that fall under Information Technology, and physical and personnel security for satellite commands.

6.1.2 Data protection plan

The detailed components of the Data Protection Plan are listed in the Regulations.^{Footnote 25} Items to be reviewed by GAC in respect of a ground station/facility include, but are not limited to: encryption and other protective measures in place that fall under Information Technology, physical and personnel security for satellite data reception, and Information Technology infrastructure for data transmission, distribution, processing and archiving.

6.1.3 Physical security

Physical security is part of the GAC review of documentation regarding the ground station and/or facility. Physical security describes security measures that are designed to deny unauthorized access to facilities, equipment and resources and to protect personnel and property from damage or harm (such as espionage, theft, or attacks). A list of possible considerations include:

• What is the material used for fencing around the facilities?
• Is there fencing around antennas as required by the Radiocommunication Act?^{Footnote 26}
• Do first responders have access to buildings in an emergency?
• Is there an Access Log in place and sign in requirement at the site?

6.1.4 Information Technology (IT) security

IT security is a set of cybersecurity strategies that prevents unauthorized access to assets such as computers, networks and data. It maintains the integrity and confidentiality of sensitive information by blocking the access of sophisticated hackers. Types of IT security include network, internet, endpoint, cloud and application securities.^{Footnote 27}

GAC requires that all satellite commands be encrypted to ensure positive control of the satellite(s).^{Footnote 28} The level of encryption is determined by the sensitivity and capability of the remote sensing space systems.

6.2 System disposal plan

Article I of the United Nations Liability Convention defines the term "launching State" as: “a State which launches or procures the launching of a space object” or “a State from whose territory or facility a space object is launched.”^{Footnote 29}

Article II of the Convention further states: A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft flight.”^{Footnote 30}

This means that the Government of Canada is liable for damage on the surface of the earth caused by space activities conducted by Canadians involved in launching satellites, whether the activities are conducted in Canada or involving Canadians abroad.

The disposal plan is a means for the Government to ensure that a Licensee meets these obligations. A System Disposal Plan required under Section 9 of the Act must meet the Space Debris Mitigation Guidelines of the UN Committee on the Peaceful Uses of Outer Space.^{Footnote 31} The plan must describe the disposal of the equipment, data, and other relevant components of the licensed system. In the event a ground station/facility ceases to be part of the licensed system, the plan will also describe the procedures to restore the physical site to a state required by environmental laws. Content related to satellite disposal is described in the Regulations.^{Footnote 32}

6.3 Regular review by the licensee

To ensure that information supplied to GAC is current, the Licensee and its System Participant(s) are required to regularly review^{Footnote 33} the information in the Command Protection Plan, the Data Protection Plan and the System Disposal Plan. Currently, GAC requires this review to be done annually. The Licensee must notify GAC without delay of any changes to those plans.

6.4 Ground segment - Key information and documents

Data on the ground segment of remote sensing space system must be sufficiently detailed to enable GAC to determine whether the proposal meets the requirements of the Act and the Regulations. A list of key documents is outlined in Annex A of this guide.

1. Ground Station Engineering Drawings
2. Ground Station Structural Drawings
3. Municipal Building Permit
4. Command Protection Plan
5. Data Protection Plan
6. Encryption Methodology
7. Network Plan
8. Equipment List
9. System Disposal Plan
10. End-User Licence Agreement
11. Environmental approval

7. The Data

The Act places importance on the data, which includes the remote sensing images and related products. As data is considered one of the three components of a remote sensing space system, particular consideration must be placed on the nature of the data, where it is processed (space or ground facility), where it is kept (archived), how it is accessed, and how the end user gains access to it.

Since data is often associated with ground facilities, the required documents and aspects of data are described in the preceding Section 6 of this guide.

7.1 The data - Key information and documents

Information on the remote sensing space system’s images/data must be sufficiently detailed to enable GAC to determine whether the proposal meets the requirements of the Act and the Regulations. A list of key documents is outlined in Annex A of this guide.

1. General description of the data, raw data, imaging type, and/or remote sensing products
2. End-User Licence Agreement
3. Data Protection Plan (can be part of a combined Data & Command Protection Plan)
4. Data Disposal Plan (can be combined with a System Disposal Plan)

8. Application to the Minister

When the analysis of the application reaches a positive conclusion, a licence is prepared by GAC based on the template described in Annex E of this guide. If the licence contains any exemptions, it must be signed by the Minister as the Act stipulates that only the Minister may authorize exemptions to the requirements of the Act, as per Section 4(3). The submission to the Minister will provide the rationale for each exemption as recommended by the GAC review. If the licence does not contain exemptions, it may be issued by a person delegated by the Minister.

8.1 Provisional Approval

While awaiting the approval of the Minister, the Applicant may be granted provisional approval of the application with necessary conditions, but without exemptions, as per Section 8(1)(a) of the Act. This allows the Applicant to finalize contracts and operate, provided there is no substantive change in the information previously submitted and on which approval was based, as per Sections 8(2) of the Act.

9. Authorizations to carry out testing operations

As per the Act, performance of any Controlled Activity requires an authorization.^{Footnote 34} At times, operations to test any component of a remote sensing space system may become necessary. Two examples include:

• testing of new antenna in a ground station by transmitting commands to an operational remote sensing satellite; or
• downlinking of data from an operating satellite to simulate and test.

Any testing operation amounting to a Controlled Activity requires prior authorization from GAC, regardless of the limited time duration. Generally, data received and processed in such operations are not authorized for distribution.

Annexes

Annex A - Application documents list

In addition to the Schedule 1 Application, as found in the Regulations, the following lists additional documents related to the licensing process.

With the Act and the Regulations covering different aspects of a remote sensing space system, the supporting documentation are required to cover these aspects.

Applicant

1. Identification and contact information of the Applicant
2. Identification and contact information of the “contact person”
3. Security documents for the contact person, as per Schedule 1 Section 3 of the Regulations:
   1. Personnel Screening, Consent and Authorization Form (TBS/SCT 330-23 ) of the Treasury Board Secretariat
   2. Security Screening Certificate and Briefing Form (TBS/SCT 330-47 ) of the Treasury Board Secretariat
   3. Security Clearance Form (TBS/SCT 330-60 ) of the Treasury Board Secretariat
   4. Royal Canadian Mounted Police (RCMP) fingerprint form C216-C

The Applicant’s security officer should obtain these forms from their sources and apply for security clearance from the Public Services and Procurement Canada.

4. If the Applicant is an entity, other than a government or government agency:
   1. The entity’s financial information is required, which includes:
      1. certified copy of its instrument of incorporation or continuance or its business registration in its jurisdiction of operation, as the case may be;
      2. the name, identifying information and contact information of the chief executive officer and each of the Applicant’s directors, if any;
      3. the name, identifying information and contact information of each of the Applicant’s officers who will be responsible for the operation of the remote sensing space system;
      4. the name, identifying information and contact information of each owner with an interest equal to or greater than 10% in the Applicant, and the interest held by that owner; and
      5. the name, identifying information and contact information of each person who exercises control over the Applicant.
5. The name, identifying information and contact information of each of the Applicant’s secured creditors.
6. The name, identifying information, contact information and amount of indebtedness for every person to whom the Applicant is indebted for more than 5% of the Applicant’s total indebtedness.
7. Financial information for each affiliate that is involved in the operation of the system.

System participants

According to Section 32 of Schedule 1 of the Regulations, the System Participants must provide:

1. Identification and contact information for each System Participant
2. Description of Remote Sensing Space System, identifying individual roles played by the Applicant and System Participant(s), particularly relating to the performance of Controlled Activities
3. Security documents on the contact person for each System Participant
4. Names and security information for persons performing Controlled Activities
5. Final draft and/or signed copy of the System Participant Agreement, attaching other required documents^{Footnote 35}
6. Depending on the role of the System Participant(s):
   1. System Disposal Plan
   2. Command Protection Plan
   3. Data Protection Plan
7. Any related documentation on the three components of a remote sensing space system for which the System Participant contributes

Space Segment – Satellite(s)

1. Identification and contact information on the satellite owner/operator (if different from the Applicant)
2. Identification and contact information on the contact person for the satellite owner and/or operator (if different from the Applicant)
3. Preliminary design review and critical design review reports
4. Common description of the satellite
5. Satellite & sensor technical details
6. Data and Command Protection Plan
7. Encryption Methodology
8. Satellite Disposal Plan (can be combined with a System Disposal Plan)
9. End-User Licence Agreement (if different than for the data component)
10. Copy of International Communication Union Registration and Radiocommunication Licence

Ground Segment – Ground Station(s)/Facility(ies)

1. Ground Station Engineering Drawings
2. Ground Station Structural Drawings^{Footnote 36}
3. Municipal Building Permit
4. Command Protection Plan
5. Data Protection Plan
6. Encryption Methodology
7. Network Plan
8. Ground Station Equipment List
9. Ground Segment Disposal Plan (can be combined with a System Disposal Plan)
10. End-User Licence Agreement (if different than for the data component)
11. Environmental approval
12. Canadian Radio-Television and Telecommunications Commission Licence (if applicable)

Data

1. Common description of the data and/or raw data and/or imaging type and/or remote sensing products
2. End-User Licence Agreement
3. Data Protection Plan
4. Data Disposal Plan (can be combined with a System Disposal Plan)

Annex B - Protection plans

1. Overview

Schedule 1 of the Regulations lists the required information pertaining to a “Command Protection Plan” (Sections 14 through 21), and a “Data Protection Plan” (Sections 22 through 29).  The information required is similar for telecommands transmitted up to the satellites via the ground stations and for the data relayed by the satellite(s) downward to the ground station for further processing and distribution.  Depending on the complexity of the mission, these two plans may be combined and submitted as one single document: “Command and Data Protection Plan” (Section 30).

These plans should provide information addressing the following elements:

• Physical Security
• Personnel Security and
• Information Technology (IT) Security.

This document identifies baseline protection measures and specific measures for each security aspect that will be undertaken to mitigate the assessed risks that a Licensee or System Participant may face.  Certain operations may encounter different risks because of their nature, their location and the appeal of their assets. Examples include facilities dealing with classified operations, facilities located in high-crime areas, and overseas facilities.

The Licensee and System Participant(s) are responsible for selecting, implementing, monitoring, and maintaining sustainable security controls to achieve security control objectives. Security controls may be administrative, managerial, operational, technical or procedural. If required, additional security controls may be stipulated by GAC as conditions within the licence to reflect the sensitivity of the mission.

2. General protection measures

2.1 Security awareness

The plan(s) should elaborate how a security awareness program covering all aspects of security is established, managed, delivered and maintained. Issues or questions to consider include:

• How are relevant individuals kept informed of security issues and concerns related to their security responsibilities?
• How do they comply with their security responsibilities in order not to inadvertently compromise security?

2.2 Security training

The plan(s) should elaborate how security training is covered. Issues or questions to consider:

• What type of specific training do individuals with security responsibilities receive to ensure they have the necessary knowledge and competencies to effectively perform their role and avoid inadvertently compromising security?

• How are these security based training obtained and made available to the staff?

2.3 Security incident management

The plan(s) should elaborate on the security incident management. Issues or questions to consider:

• What measures are taken to ensure preparedness and timely mitigation, response to, or recovery from security incidents and prevent or minimize effects and potential losses?
• How are incidents that affect or have the potential to affect mitigation, response or recovery from threats and vulnerabilities identified and reported to the law enforcement authorities?
• How are post-incident analysis and follow-up conducted?

2.4 Security inspections

The plan(s) should elaborate on how security inspections are conducted. Issues or questions to consider:

• How are routine inspections conducted of sites or systems where sensitive information and assets are processed or stored to ensure compliance with security requirements and regulatory frameworks (e.g., monitoring office areas during limited-access hours)?
• Are security inspections conducted by assigned persons with adequate training to do the job? How are such inspections made known to employees in advance of being performed?
• How would suspected violations or breaches of security be reported without delay and investigated to inform remedial action or reporting to the responsible authorities, as appropriate?

2.5 Security in emergency and increased threat situations

The plan(s) should elaborate on the management of security in emergency and increased risk scenarios. Issues or questions to consider:

• What plans and procedures are in place to move to heightened security levels in case of emergency and increased risk?
• What coordination exists with other emergency prevention and response plans (e.g., fire, bomb threats, hazardous materials, power failures, evacuations or civil emergencies) in the event of an emergency or increased risk?

2.6 Emergency and business continuity planning

The plan(s) should elaborate on the emergency and business continuity planning. Issues or questions to consider:

• What plans for business continuity and contingencies exist to support the recovery and restoration of critical business services and functions and their associated assets and resources for uninterrupted minimum service delivery?
• How are services and assets analyzed, identified and prioritized in terms of criticality?

• How are business continuity plans tested and readiness exercises conducted to ensure efficient and effective response and recovery?

3. Specific protection measures

3.1 Physical Security

The plan(s) must elaborate on how the following aspects are managed within an operational environment.

• How are information, assets and facilities protected from unauthorized access, disclosure, modification, or destruction, in accordance with their level of sensitivity, criticality and value?
• How is access to licensed assets and facilities limited to authorized individuals who have been security-screened at the appropriate level and who have a legitimate need for access?
• How are custodian-tenant relationships defined to ensure that shared and individual responsibilities are clearly addressed to achieve optimum security outcomes?
• How are security considerations fully integrated into the process of planning, selecting, designing, modifying, building, implementing, operating and maintaining all the facilities and equipment that form part of the Remote Sensing Space System for which a licence is sought?
• How are external and internal environments of each facility managed to create conditions that, together with specific physical security controls: reduce the risk of security-related incidents, protect against unauthorized access, detect attempted or actual unauthorized access and activate an effective response?
• What processes and procedures are implemented for the transport, transmittal or destruction of information and assets?

The following is a list of physical security features that can be elaborated, as appropriate, in the document:

• Identity authentication
• Guards and patrols
• Locksets and hardware for doors and windows – e.g., mechanical locksets for doors and windows in buildings and management of security keys
• Closed-circuit television suite
• Intruder alarm systems suite, which includes:
  • Design, installation, commissioning and maintenance
  • Monitoring centres
  • Detection devices for internal use
  • Alarm transmission systems
• Chain-link fabric security fencing and gates
• Electrical installations (e.g., electric security fences)
• Safes and strongrooms
• Building elements, such as testing and rating for intruder resistance – e.g., intruder-resistant panels
• Mailroom security
• Secure storage units (e.g., requirements, classifications and methods of testing for resistance to burglary)
• Fences (e.g., specifications of steel palisade fences)
• Building hardware such as controlled door closing devices and requirements and test methods (e.g., thickness of materials and resistance to hammers, fire and firearms)

3.2 Personnel Security

Adequate personnel security measures facilitate the effective utilization of resources and are an essential mitigation tool to address a potential insider threat. Possession of the appropriate level of security clearance issued by Public Services and Procurement Canada^{Footnote 37} is required for the key person within the Applicant organization in whose name the licence will be issued, and all other personnel (employees and contractors) who will have access to the licensed facilities. In specific cases, equivalencies may be considered for representatives from foreign organizations, based on the rigour of the process adopted by such organizations at the time of recruitment and selection of their employees.

To achieve desired personnel security outcomes, three personnel security core methods are usually implemented to ensure employees and contractors are authorized to access the licensed facilities throughout all stages of their engagement with the licensed entity. These methods ensure personnel demonstrate integrity and honesty, specifically by, for instance:

• conducting relevant checks before gaining access to resources (e.g., verification of identity, confirmation of security clearance status, background check, reference checks, digital footprint check, police records check, financial history check, security interview and psychological assessment);
• managing their ongoing suitability to access resources throughout their engagement; and
• having processes in place to ensure continued protection of resources after personnel leave the licensed entity.

Some of the aspects that should be addressed in detail are as follows:

• How do personnel requiring access to information, assets or facilities undergo an examination of their trustworthiness, loyalty and reliability prior to being granted access to such information, assets or sites?
• What is the protocol through which individuals are formally briefed on access privileges and prohibitions attached to their screening level before the commencement of their duties?
• What is the process for periodic updates of existing clearances and whenever a change occurs in their screening level?
• Are such individuals required to sign appropriate briefing forms?
• How are security screenings conducted in a manner that meets Government of Canada standards? ^{Footnote 38} For example, consider the following criteria:
  • review of documentation 
  • verification of identity
  • verification of antecedents
  • verification of educational and professional credentials
  • personal and professional reference check
  • credit and financial check
  • law enforcement and criminal background check through fingerprinting
  • open source check in respect of personnel or company profile
  • suitability interview

3.3 Information Assurance

The plan(s) should elaborate on the approach and techniques used to guarantee information assurance. Issues or questions to consider include:

• How is sensitive information protected from unauthorized access, use, disclosure, modification, disposal, transmission, or destruction?
• What is the protocol for identifying and categorizing information based on the degree of injury that could be expected to result from the compromise of its confidentiality, availability, or integrity?
• How is access to classified and protected information limited to authorized individuals who have been security-screened at the appropriate level and who have an express need for access?
• How are modification and destruction of information limited to authorized individuals?
• How are the appropriate security measures for accessing, storing, transmitting and disposing of information conducted?
• How is the security of information addressed through all phases of its life cycle or the life cycle of the information system to ensure security requirements are identified early, security controls are reviewed, management authorization is provided before operation and authorization is maintained through continuous monitoring of the security status?

3.4 Information Technology (IT) Security

This section of the Protection Plan describes how the Applicant can safeguard IT systems to support the secure and continuous conduct of business. Secure IT systems protect the integrity and facilitate the availability of the information that entities process, store and communicate.

Detailed answers to the following questions will help develop this portion of the document.

• How are IT security considerations fully integrated to meet business objectives at each stage of the IT system's life cycle, including definition, design, development, operations, maintenance and decommissioning?
• What is the procedure for identifying and authenticating users before granting access to IT systems?
• How is access to electronic information and IT systems limited to authorized users, including the types of transactions and functions that authorized users are permitted to exercise, based on business and security requirements?
• What procedures are implemented to continuously assure confidence in the security of IT systems, such as the following:
  • assessment of security controls;
  • reduction or elimination of deficiencies;
  • authorization before operation; and
  • maintenance of authorization.
• What procedures are implemented to continuously maintain the IT security posture, such as monitoring threats and vulnerabilities; detecting malicious activity and unauthorized access; and taking both pre-emptive and response actions to minimize effects?
• How are IT system audit logs and records created, protected, and retained to enable monitoring, analysis and investigation so that users are held accountable for their actions?
• How is data on all portable electronic media and devices protected and sanitized or destroyed before disposal or reuse of the equipment?
• What steps are in place to protect electronic communications such as network security zones and perimeter defence at network boundaries?
• How are computer systems and networks protected from theft or damage to their hardware, software or electronic data, as well as from the disruption or misdirection of the services they provide?

While endeavouring to answer these IT security questions, the following aspects may also be addressed in the Plan, as appropriate.

3.5 Security in Contracting

The plan(s) should elaborate on the security implemented for the contracted support utilised for the remote sensing space system. Issues or questions to consider:

• How are security requirements identified, addressed, formally documented, implemented, and monitored in all phases of the procurement and throughout the life cycle of the contract?
• How do information, assets, systems and facilities meet the industrial security requirements (where applicable) and integrate an appropriate level of protection throughout their life cycle?

Annex C - Guidelines on the application

This annex provides guidelines and clarifications on the information and documents required under the Regulations’ Schedule – 1 to support an Application form.

This form is intended for system capable of producing high-grade remote sensing data.

All sections of the application form need to be completed (when it is applicable to your system) that is, if the system is capable of producing high grade remote sensing data according to the Eligibility Threshold Table (refer to Annex D for more details).

Clarifications on the Schedule 1 application (The table below provides clarifications on the information required under Schedule-1 for a submission under the Application Process.)^{Footnote 39}

Business information and documents

Section 1 - Provisions: The Applicant’s name, identifying information and contact information.

Recommendations

Section 2 - Provisions: The name, identifying information and contact information of the individual proposed to be the contact person for the Applicant.

Recommendations

Section 3 - Provisions: The following completed forms for the individual proposed to be the Applicant’s contact person.

Recommendations

Section a) - Provisions: Personnel Screening, Consent and Authorization Form (TBS/SCT 330-23) of the Treasury Board Secretariat, as amended from time to time.

Recommendations

Section b) - Provisions: Security Screening Certificate and Briefing Form (TBS/SCT 330-47) of the Treasury Board Secretariat, as amended from time to time.

Recommendations

Section c) - Provisions: Security Clearance Form (TBS/SCT 330-60 ) of the Treasury Board Secretariat, as amended from time to time.

Recommendations

Section d) - Provisions: Royal Canadian Mounted Police fingerprint form C216-C , as amended from time to time.

Recommendations

Section 4 - Provisions: If the Applicant is an entity, other than a government or government agency.

Recommendations

Section a) - Provisions: a certified copy of its instrument of incorporation or continuance or its business registration in its jurisdiction of operation, as the case may be.

Recommendations

Section b) - Provisions: the name, identifying information and contact information of the chief executive officer and each of the Applicant's directors, if any.

Recommendations

Section c) - Provisions: the name, identifying information, and contact information of each of the Applicant’s officers who will be responsible for the operation of the remote sensing space system.

Recommendations

Section d) - Provisions: the name, identifying information and contact information of each owner of an interest equal to or greater than 10% in the Applicant, and the interest held by that owner.

Recommendations

Section e) - Provisions: the name, identifying information and contact information of each person who exercises control over the Applicant.

Recommendations

Section 5 - Provisions: The name, identifying information, and contact information of each of the Applicant’s secured creditors.

Recommendations

Section 6 - Provisions: The name, identifying information, contact information and amount of indebtedness for every person to whom the Applicant is indebted for more than 5% of the Applicant’s total indebtedness.

Recommendations

Section 7 - Provisions: The Applicant’s plans for communicating raw data or providing remote sensing products, including:

Recommendations

Section a) - Provisions: making the data or products available to governments whose territories have been sensed by the remote sensing space system.

Recommendations

Section b) - Provisions: providing preferred or exclusive access to the data or products.

Recommendations

Section 8 - Provisions: The address where the Applicant’s records will be maintained.

Recommendations

General system information

Section 9 - Provisions: The name and a short description of the remote sensing space system, including the number of remote sensing satellites of the system, the planned date that each satellite will become operational and the anticipated mission life of each satellite.

Recommendations

Section 10 - Provisions: The proposed launch date, vehicle and site.

Recommendations

Orbit information

Section 11 - Provisions: The nominal orbit and tolerances of each remote sensing satellite of the remote sensing space system, including:

a) the semi-major axis, eccentricity, inclination, longitude of right ascension, argument of periapsis, argument of mean anomaly and epoch.

Recommendations

b) the period, repeat cycle and any sub-cycle.

Recommendations

c) the equator crossing time of the ascending node of any sun-synchronous orbit.

Recommendations

Remote sensing satellite disposal

Estimated duration of the satellite disposal operation:

• Nominal orbital height:
• Local Time Ascending Node (LTAN):
• Spacecraft mass:
• Drag Area:  m2
• Solar Pressure Area:  m2
• Solar Flux:
• Period:
• Time for orbit perigee to reach 100km:

Notes: GAC will also require a Ground Segment disposal plan and a Data disposal plan.

At a minimum, the Applicant must describe the long-term plans of the Ground Segment and the Data. Refer to Sections 17 and 18 of the Regulations for specifics on data disposal.

Section 12 - Provisions: The potential hazard from space debris and the strategy to mitigate that hazard for each remote sensing satellite of the remote sensing space system, including:

Recommendations

Section a) - Provisions: the method of disposal that is proposed for each satellite and the reliability of that method.

Recommendations

Section b) - Provisions: the estimated duration of the satellite disposal operation.

Recommendations

Section c) - Provisions: the probability of loss of human life and how it was calculated.

Recommendations

Section d) - Provisions: the amount of debris expected to reach the surface of the Earth, the size of the impact area expressed in square metres, and how they were calculated.

Recommendations

Section e) - Provisions: the geographic boundaries of the likely debris re-entry impact area, the confidence level of the determination of the boundaries and how the boundaries and confidence level were calculated.

Recommendations

Section f) - Provisions: the identity and quantity of hazardous material and dangerous goods contained in each satellite at the end of its mission life, the quantity expected to reach the surface of the Earth on re-entry and how the quantities were calculated.

Recommendations

Section g) - Provisions: the orbital elements and epochs of the proposed disposal orbits for each satellite.

Recommendations

Section h) - Provisions: an assessment of space debris expected to be released from each satellite during normal operations by explosions, by intentional break-ups and by on-orbit collisions, and the measures proposed to mitigate the production of space debris.

Recommendations

Remote sensing satellite information and documents

Section 13 - Provisions: A technical description of each remote sensing satellite of the remote sensing space system, including:

Recommendations

Section a) - Provisions: a drawing of the satellite in its on-orbit configuration.

Recommendations

Section b) - Provisions: its command and data handling subsystem capabilities, including its data storage technology and capacity, data transfer rate, method of access to stored data and directionality of its command, telemetry and downlink antennas.

Recommendations

Section c) - Provisions: its navigation, guidance and control capabilities, including the accuracy of position, velocity, acceleration and time, and the type of technology used for those capabilities.

Recommendations

Section d) - Provisions: its attitude control subsystem capabilities, including the jerk and jitter, and the type of technology used for those capabilities.

Recommendations

Section e) - Provisions: its propulsion subsystem capabilities, including the amount of propellant allocated for the disposal of the satellite.

Recommendations

Section f) - Provisions: its sensor technology for each sensor, including:

Recommendations

Section (i) - Provisions: the sensor modes.

Recommendations

Section (ii) - Provisions: the spatial resolution capability of each sensor mode, and how it was calculated.

Recommendations

Section (iii) - Provisions: the centre frequency or wavelength, bandwidth and sweep, if any, of the transmitted and received spectral bands used in each sensor mode indicating which sensor modes are co-registered by common sensor elements and which sensor modes are independent.

Recommendations

Section (iv) - Provisions: the polarization of transmitted and received signals with respect to each sensor mode.

Recommendations

Section (v) - Provisions: the fields of view or beam widths for each sensor mode.

Recommendations

Section (vi) - Provisions: for each sensor mode, the range of viewing angles or angles of incidence, and their increments of change.

Recommendations

Section (vii) - Provisions: for each sensor mode, the slew and squint angles and their rates of change, and a description of the scan mechanisms employed.

Recommendations

Section (viii) - Provisions: the ground distance from nadir and the instantaneous swath width and potential swath width for each sensor mode.

Recommendations

Section (ix) - Provisions: the image motion compensation parameters, including those for linear motion and drift.

Recommendations

Section (x) - Provisions: if applicable, the characteristics of the time-delayed integration mode used within the sensor focal plane.

Recommendations

Section (xi) - Provisions: spatial, spectral and temporal oversampling, aggregation and resampling capabilities.

Recommendations

Section (xii) - Provisions: sensitivity, including noise-equivalent  spectral-radiance for electro-optic sensors, noise-equivalent -sigmas for synthetic aperture radar sensors and noise-equivalent  temperature-differences for thermal infrared sensors.

Recommendations

Section (xiii) - Provisions: for each sensor mode, the signal to-noise ratio, dynamic range and quantization.

Recommendations

Section (xiv) - Provisions: if applicable, the range of solar illumination angles on the surface of the Earth over which the sensor can operate.

Recommendations

Section (xv) - Provisions: the absolute and relative geolocation accuracy of the raw data and remote sensing products and how they were calculated.

Recommendations

Section (xvi) - Provisions: calibration methods, including absolute calibration accuracy.

Recommendations

Section g) - Provisions: the minimum time in hours between the acquisition of raw data by the satellite and the communication of the data, or the provision of remote sensing products to a recipient.

Recommendations

Command Protection Plan

Additional clarifications are presented in Annex B of this Guide, which covers requirements on physical security, personnel security, and Information Technology (IT) security (includes cybersecurity).

Note regarding Sales Orders:

Information regarding the Sales Orders within this section (section 14 through 21) are only required if they drive or serve as the basis for the Commands to a satellite.

Section 14 - Provisions: The general strategy with respect to command protection.

Recommendations

Section 15 - Provisions: The location and function of all facilities, including mobile facilities, to be used to process sales orders or to give commands in the operation of the remote sensing space system.

Recommendations

Section 16 - Provisions: A general description and block diagram of all facilities to be used to process sales orders or to give commands, including the longitude and latitude and station mask of each telemetry, tracking and command station.

Recommendations

Section 17

Section 1 - Provisions: A general description and block diagram of the communication architecture that includes descriptions of:

Recommendations

Section a) - Provisions: each system supporting the facilities that are to be used to process sales orders or to give commands to the remote sensing satellite.

Recommendations

Section b) - Provisions: links between the facilities and the satellite.

Recommendations

Section c) - Provisions: links for relaying sales orders or satellite commands between facilities on the ground.

Recommendations

Section d) - Provisions: crosslinks between satellites.

Recommendations

Section 2 - Provisions: The radio-frequency link information for command uplinks, including the characterization of each link and the type of information carried by each communication channel.

Recommendations

Section 3 - Provisions: The protocols to be used in the communication architecture.

Recommendations

Section 4 - Provisions: A description of the encryption to be used on all communication channels, including keying and rekeying schemes.

Recommendations

Section 5 - Provisions: Management plans for the keys to be used in satellite uplinks, in command relays and in facilities for command generation and the processing of sales orders.

Recommendations

Section 18 - Provisions: A general description of:

Recommendations

Section a) - Provisions: the content and format of the proposed sales orders and the commands to be given in the operation of the remote sensing space system.

Recommendations

Section b) - Provisions: the process used to determine the commands given to the remote sensing satellite that sets out the priority of conflicting sales orders requiring the same resources of the satellite.

Recommendations

Section 19 - Provisions: A diagram that:

Recommendations

Section a) - Provisions: shows each step to be taken by the Applicant or proposed System Participant from the placement of a sales order for raw data or a remote sensing product to the communication of the raw data to a recipient or the provision of the remote sensing product to a recipient.

Recommendations

Section b) - Provisions: indicates the command protection measures proposed for each step.

Recommendations

Section 20 - Provisions: A description of the command protection measures proposed for each step of the business process, including:

Recommendations

Section a) - Provisions: the measures proposed for each facility to be used to process sales orders or to give commands to the remote sensing satellite, including measures relating to:

Recommendations

Section (i) - Provisions: the security screening of personnel.

Recommendations

Section (ii) - Provisions: the physical security of the facility.

Recommendations

Section (iii) - Provisions: the information assurance, within the facility, of sales orders and satellite commands.

Recommendations

Section b) - Provisions: the measures proposed for the communication of sales orders and satellite commands between the facilities of the remote sensing space system, including measures relating to physical and electronic protection and information assurance.

Recommendations

Section c) - Provisions: the measures proposed for the communication of commands to remote sensing satellites, including measures relating to electronic protection and information assurance.

Recommendations

Section 21 - Provisions: Proposed measures to comply with:

Recommendations

Section a) - Provisions: the conditions in paragraphs 8(4)(a) to (f) of the Act.

Recommendations

Section b) - Provisions: an order that may be made under section 14 or 15 of the Act.

Recommendations

Section c) - Provisions: section 16 of the Act.

Recommendations

Data Protection Plan

Section 22 - Provisions: The general strategy with respect to data protection.

Recommendations

Section 23 - Provisions: The location and function of all facilities, including mobile facilities, to be used to handle raw data and remote sensing products in the operation of the remote sensing space system.

Recommendations

Section 24 - Provisions: A general description and block diagram of all facilities to be used to handle raw data and remote sensing products, including the longitude and latitude and station mask of each ground station.

Recommendations

Section 25 - Provisions: A general description and block diagram of the proposed communication architecture that includes descriptions of:

Recommendations

Section a) - Provisions: each system supporting the facilities that are to be used to handle raw data and remote sensing products.

Recommendations

Section b) - Provisions: links between the facilities and the remote sensing satellite.

Recommendations

Section c) - Provisions: links for the relaying of raw data and remote sensing products between facilities on the ground.

Recommendations

Section d) - Provisions: crosslinks between remote sensing satellites.

Recommendations

Section 2 - Provisions: The radio-frequency downlink information, including the characterization of each link and the type of information carried by each communication channel.

Recommendations

Section 3 - Provisions: The protocols to be used in the communication architecture.

Recommendations

Section 4 - Provisions: A description of the encryption to be used on all communication channels including keying and rekeying schemes.

Recommendations

Section 5 - Provisions: Management plans for the keys to be used in satellite downlinks and relays and in facilities used to handle raw data and remote sensing products.

Recommendations

Section 26 - Provisions: A general description of:

Recommendations

Section a) - Provisions: the content and format of raw data and remote sensing products.

Recommendations

Section b) - Provisions: the processes to be employed to alter image quality and information content at each step from the acquisition of raw data to the provision of a remote sensing product, including such processes as spatial or spectral pixel aggregation — discarding low order analog to-digital bits — and data compression.

Recommendations

Section 27 - Provisions: A diagram that:

Recommendations

Section a) - Provisions: shows each step to be taken by the Applicant or proposed system participant from the placement of a sales order for raw data or a remote sensing product to the communication of raw data to a recipient or the provision of the remote sensing product to a recipient.

Recommendations

Section b) - Provisions: indicates the data protection measures proposed for each step.

Recommendations

Section 28 - Provisions: A description of the data protection measures proposed for each step of the business process, including:

Recommendations

Section a) - Provisions: the measures proposed for each facility to be used to handle raw data and remote sensing products, including measures relating to:

Recommendations

Section i) - Provisions: the security screening of personnel.

Recommendations

Section ii) - Provisions: the physical security of the facility.

Recommendations

Section iii) - Provisions: the information assurance, within the facility, in respect of raw data and remote sensing products.

Recommendations

Section b) - Provisions: the measures proposed for the transfer of raw data and remote sensing products between the facilities of the remote sensing space system, including measures relating to physical and electronic protection and information assurance.

Recommendations

Section c) - Provisions: the measures proposed for the communication of raw data and the provision of remote sensing products to recipients, including measures relating to physical and electronic protection and information assurance.

Recommendations

Section 29 - Provisions: Proposed measures to comply with any conditions of the licence that restrict the communication of raw data or the provision of remote sensing products related to:

Recommendations

Section a) - Provisions: recipients or classes of recipients of raw data or remote sensing products.

Recommendations

Section b) - Provisions: sensor modes.

Recommendations

Section c) - Provisions: types of raw data or remote sensing products.

Recommendations

Section d) - Provisions: the time between the acquisition of raw data by the remote sensing satellite and the communication of the raw data or the provision of a remote sensing product to a recipient.

Recommendations

Section e) - Provisions: the sensed territory.

Recommendations

Section f) - Provisions: the location of the recipients.

Recommendations

Section g) - Provisions: any agreements entered into under paragraph 8(6)(b) or (7)(b) of the Act.

Recommendations

Command and Data Protection Plan

Recommendations

Section 30 - Provisions: In lieu of a separate command protection plan and data protection plan, a combined command and data protection plan that contains the information and documents set out in sections 14 to 29 of this Schedule.

Recommendations

Affiliated entities

Section 31 - Provisions: The name, identifying information and contact information of each entity affiliated with the Applicant that will be involved in the operation of the licensed system, a description of their involvement and the name, identifying information and contact information of each person who exercises control over the affiliated entity.

Recommendations

System participant information

Section 32 - Provisions: If the application includes a request to designate a person to be a system participant.

Recommendations

Section a) - Provisions: the proposed system participant’s name, identifying information and contact information.

Recommendations

Section b) - Provisions: the address of each facility to be used by the proposed system participant for carrying on controlled activities, including the location and station mask of each ground station and telemetry, tracking and command station.

Recommendations

Section c) - Provisions: a copy of an agreement or proposed agreement between the Applicant and the proposed system participant that specifies.

Recommendations

Section (i) - Provisions: the territory from which the proposed system participant will communicate raw data and provide remote sensing products or will give commands to the remote sensing satellite.

Recommendations

Section (ii) - Provisions: the proposed system participant’s data protection plan that contains the information and documents referred to in sections 22 to 29 of this Schedule as modified to relate to the proposed system participant’s operations, and, if the Applicant intends to permit the proposed system participant to formulate or give a command to a remote sensing satellite of the system, its command protection plan that contains the information and documents referred to in sections 14 to 21 of this Schedule as modified to relate to the proposed system participant’s operations.

Recommendations

Section (iii) - Provisions: how the proposed system participant will make raw data and remote sensing products available to the governments of countries whose territories have been sensed by the system.

Recommendations

Section (iv) - Provisions: how the proposed system participant will make raw data available to the Applicant before the data is disposed of.

Recommendations

Section (v) - Provisions: how the proposed system participant will assist the Applicant to provide service pursuant to an order under section 15 of the Act.

Recommendations

Section (vi) - Provisions: the proposed system participant’s obligation to maintain records, the address where the records will be maintained and the proposed system participant’s obligation to allow the Applicant access to them.

Recommendations

Section (vii) - Provisions: the proposed system participant’s obligation to make periodic or other reports to the Applicant.

Recommendations

Section (viii) - Provisions: the proposed system participant’s obligation to allow the Applicant or an inspector access to their facilities in order to monitor compliance with the proposed system participant’s data protection plan and the proposed system participant’s command protection plan, if any.

Recommendations

Section (ix) - Provisions: the obligation of the proposed system participant to allow the Applicant or an inspector access to their facilities in order to monitor compliance on the part of the Applicant with the Applicant’s command protection plan and data protection plan and the Applicant’s requirements under the Act, these Regulations and the conditions of the licence.

Recommendations

Note: The applicant must include a list all documents provided as part of the application.

Annex D - Multi-stage application process

Note: Annex D is currently under review and will be published once completed.

The intent of this annex is to provide guidance and clarification on required information and documents under the Regulations’ Schedule 1 to support an Application.

For the purpose of the application, please refer to the Eligibility Threshold Table to determine if your system is eligible for the multi-stage application process.

Applicants who are not eligible for the multi-stage application process shall complete the Application (see Annex C).

Applicants who are eligible for the multi-stage application process start with the completion of Stage-1 (see Annex D Appendix 1). As GAC regulators review the Stage-1 application, additional information may be required; in which case, the completion of Stage-2 may be required (see Annex D Appendix 2).

Appendices to Annex D:

• Annex D Appendix D1: Multi-Stage Application, Stage-1 (to be promulgated)
• Annex D Appendix D2: Multi-Stage Application, Stage-2 (to be promulgated)

Annex E - RSSSA operating licence outline

This section provides a high-level description of what to expect upon receipt of a Remote Sensing Space Systems Operating Licence, along with its annexes and schedules. The intent of this document is to describe each section that forms part of a licence. Please be advised that licences are tailored from this generic model based on the specifics of the system, and, as a result, will not look the same.

Official letter signed by the Minister of Foreign Affairs or at the appropriate authority level

• Identifies under what Law/Statute this licence is granted;
• Refers to documents of the Licensee that have been approved by Global Affairs Canada (GAC) (e.g., System Disposal Plan);
• Identifies any exemption(s) granted within Annex A;
• Establishes the term of the licence (usually the designed mission life); and
• Contains the Minister of Foreign Affairs’ official signature or signature at the appropriate level within GAC (depending on whether there are exemption orders or not).

Annex A: Exemption orders

• Identifies the part of the Act that deals with Exemptions, Section 4(3); and
• Provides a set of exemptions to the operation of specific provisions of the Act or Regulations, while subjecting them to fulfilment of conditions, if required.
• Following are examples of requirements that an Applicant may be exempted from meeting:
  1. Providing contract details about the launch^{Footnote 48}
  2. Providing a report on the delivery of the flight sensors^{Footnote 49}
  3. Specific value-added products that should not be considered as Raw Data or remote sensing Products and should be exempted from the Act and Regulations (interferometric product with interval not smaller than 24 days (1cycle))
  4. Maintaining certain records as well as when deemed non-applicable
  5. Providing certain reports as well as when deemed non-applicable
  6. Archiving raw data or other information as well as when deemed non-applicable

Annex B: Licence Conditions

As per Interpretation section of the Regulations

• A listing of definitions
  1. Administrative Control and Operation Control of the System
  2. System Disposal Plan and Guarantee
  3. General Operating Conditions
  4. Command and Data Protection Plan
  5. Authorized System Participants
  6. Recipient Authorizations under Section 8(6) and Restrictions under Section 8(7) of the Act
  7. Authorized Ground Stations
  8. Records
  9. Reports

Eight main schedules

Annex B: Schedule 1: Command and data protection plans

• Applicant’s key security documents detailing physical, personnel and Information Technology security for the entire Remote Sensing Space System.

Note: This schedule is not to be confused with the Regulations’ Schedule 1 – the Application.

Annex B: Schedule 2: Sensors and sensor modes

• An overview of the system’s remote sensing capabilities.

Annex B: Schedule 3: System participant designations and agreements

• Listing all authorised System Participants, their contact information, as well as which Controlled Activities they are authorised to perform.

Annex B: Schedule 4: Authorizations and restrictions

• Legend and terminology
• Access for specific entities
• General access
• Special Cases: areas subject to specific restrictions, with maps and geographical coordinates, disputed territories and agglomerations of areas

Annex B: Schedule 5: End user licence agreements (EULAs)

• Applicable when data is distributed from Canada.
• This annex has the authorised example(s) of an end user licence agreement to all recipients of the remote sensing data.

Annex B: Schedule 6: Prohibited entities

• This schedule references prohibited countries and entities under Canada’s Anti-Terrorism Act, the Criminal Code, United Nations Act, the Special Economic Measures Act and relevant provisions of the Export and Import Permits Act.

Annex B: Schedule 7: Satellite and system disposal plan

• An overview of the approved system disposal plan, which covers the Space Segment, the Ground Segment and the Data.

Annex B: Schedule 8: Satellites of the system

• An overview of the approved satellites operating under the licence.

Annex B: Schedule 9: Resource sharing (for ground station-centric licence)

• This schedule covers the approvals for use of other ground station components, where appropriate.

Annex F - Frequently asked questions

1. Why do I need a licence?

Remote Sensing Space Systems are regulated in Canada pursuant to the Remote Sensing Space Systems Act (S.C. 2005, c. 45) (the Act) and the Remote Sensing Space Systems Regulations (SOR 2007-66 ) (the Regulations).

The Act is the national implementation of international obligations derived from various treaties and agreements that Canada has ratified in the past. The Act, as per its name, is focused on the regulation and licensing of Remote Sensing Space Systems.

The Act also takes into account the implications of national security, the defence of Canada, the safety of Canadian Armed Forces, Canada’s conduct of international relations and Canada’s international obligations. The Regulations also contains prescribed factors related to the ability of the Applicant to comply with the Act and the Regulations, as well as the enhancement of the competitiveness, at the national and international levels, of the Canadian remote sensing industry.

2. What is considered part of a Remote Sensing Space System?

Any satellite system that has the capability, directly or indirectly, of observing the Earth through the use of electromagnetic waves is considered a Remote Sensing Space System, as per the Act.

A Remote Sensing Space System consists of three parts:

• Space Segment (satellite(s) and sensor(s));
• Ground Segment (ground stations, mission control centre and other facilities used to operate the system, networks and related facilities); and
• Data (the facilities used to receive, store, process and/or distribute raw data from the satellites, even after the satellites themselves are no longer in operation).

3. When should I first contact Global Affairs Canada (GAC)?

It is beneficial to contact GAC as early as possible in the process (ideally during the stage of planning a Remote Sensing Space System), so that the Department can assign an Officer to your project. GAC may then advise more precisely on the documentation requirements and identify elements requiring special attention. Applicants are also encourages to contact GAC at all phases of the process of developing a remote sensing system.

4. How do I make contact with GAC to discuss a possible application?

You can contact GAC by e-mail at RSSSA-LSTS@international.gc.ca

5. What types of satellites are regulated by the RSSSA?

A satellite that is capable of sensing the surface of the Earth through the use of electromagnetic waves requires to be licensed under the Act.

6. I am a Canadian working as an employee of a foreign organization operating a remote sensing space system. Do I need to obtain a licence?

As an employee of a foreign organization operating a remote sensing space system, you do not need to obtain a licence.

A Canadian organization performing Controlled Activities for a foreign organization must obtain a licence under the Act.

If in doubt, please email RSSSA-LSTS@international.gc.ca

7. How do I determine if a contractor needs a System Participant Agreement?

An affirmative answer to the question, “is my contractor performing any Controlled Activity”, as defined under Section 2 of the Act, is the litmus test to determine if a contractor needs a System Participant Agreement or not.

8. What if the contractor refuses to sign a System Participant Agreement?

If a contractor is to perform any Controlled Activity, the application for a licence must include a request to have such contractor designated as a System Participant along with a copy or a proposed copy of the System Participant Agreement and other information required as contemplated under Section 2 of the Regulations. Please note that it is a punishable offence to operate a remote sensing space system in any manner, directly or indirectly, except under the authority of a licence.

9. What is the significance of the 180 days of processing time to obtain a licence?

Once a complete licence application is received by GAC, 180 days is the maximum time allotted to approve or refuse a licence application, as per the Regulations, Section 7. This period enables GAC as the regulator to review or make any changes to official documents provided by the Applicant and provides the necessary internal time for approval.

When the licensing team is involved early in the process, depending on the complexity of the project, this processing time may be shorter. Additionally, if the Applicant does not require exemptions, the approval may be more expedient.

10.  Is there a list of all the documents I need for an application?

A list of all required documentation for the remote sensing application can be found in Annex A of this document.

11.  Is a licence from the United States or another foreign country sufficient?

If you seek to conduct remote sensing activities in Canada, including such activities as storage and processing remote sensing data, a RSSSA licence is required. GAC has regular exchanges with its international regulatory counterparts to ensure a degree of harmonization. Providing information about the foreign licence will be helpful in the review of your application.

12. What other approvals are required for operations in Canada?

Innovation, Science and Economic Development Canada is responsible for radio communications and has the mandate for licensing satellite radio frequency communications for all satellites, national or foreign for use in Canada, as per the Radiocommunication Act (R.S.C., 1985, c. R-2 ).

13. Do companies that provide telecommunications services need a System Participant Agreement (SPA)?

Telecommunications services are only required to have a SPA if they contribute to the remote sensing space system in any of the Controlled Activities. Otherwise, their involvement can be detailed (typically within the Data and Command Protection Plan) without the need of a SPA.

14. What if I sell a satellite prior to launch? What if I sell it sometime after launch?

The key consideration is if the satellite in question, and the remote sensing space system to which it belongs, was licensed under the Act at the time of the sale. Transfer of control of a satellite is regulated under Section 16 (1) of the Act by prohibiting transmission of a command to a remote sensing satellite for which the licence was issued, 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.

15. What if my satellite is part of a foreign constellation?

Please ensure that the application reflects how the Applicant will exercise control over the operations of the remote sensing space system as a whole, for which the licence is sought. Such information is required to demonstrate how orders passed under Sections 14 and 15 of the Act (relate to Interruptions of Service and Priority Access, respectively) will be implemented.

16. What efforts are made to ensure that the Canadian space industry is competitive?

Global Affairs Canada engages regularly with other regulators to ensure that Canadian regulations are on par with those of partner countries and to ensure a regulatory environment conducive to space operators. Our space regulatory team at Global Affairs Canada is available for discussions about your project at an early stage. We also conduct activities, such as outreach and presentations on the Act, and provide status updates at major space and remote sensing conferences.

17. Do systems with more than one ground station have different licensing arrangements than a system with only one ground station?

No, such systems are treated in a similar manner. Each ground station needs to be analyzed and will be listed in the licence and/or in System Participant Agreement(s).

18. What about a constellation comprising different foreign satellites? Will it have a different licensing arrangement than a system controlled by one “owner” / operator?

A constellation is typically covered by one licence. The licence has provisions for multiple operators conducting Controlled Activities, as required. They are normally called System Participants (refer to Section 32 of the Regulations’ Schedule 1).

19. Can an Applicant appeal a denied licence application?

We encourage engaging with GAC’s Space Regulatory Section. If an Applicant disagrees with the outcome of a decision on its licence application, the Applicant may request to the Minister a review of the decision. Alternatively, the Applicant has the right to seek judicial review with the Federal Court within 30 days of receiving the decision, pursuant to Section 18.1 of the Federal Courts Act.^{Footnote 50}

20. Is a foreign entity subject to Canadian regulations when performing remote sensing activities outside Canada?

Canadian regulations have jurisdiction and control over any Control Activities occurring in Canada.

The Act applies to all activities taking place in Canada that are part of the system. For example, building an antenna station is not a Controlled Activity, but it is covered under the law.

21. Is there a need for a foreign entity to have a Canadian subsidiary to operate in Canada?

Presently, it is not mandatory for a foreign entity to have a Canadian subsidiary in order to operate in Canada. As each situation is unique, we recommend that you email RSSSA-LSTS@international.gc.ca.