Drafting legislation to regulate commercial remote sensing satellites: A how-to guide from Canada
- Paper number
IAC-06-E6.3.12
- Author
Mr. Bruce Mann, Government of Canada, Canada
- Year
2006
- Abstract
When the Canadian Space Agency (CSA) and MacDonald, Dettwiler and Associates Ltd. (MDA) proposed a jointly funded, but commercially operated RADARSAT-2 remote sensing satellite, the Government of Canada announced that it would regulate commercial remote sensing systems operated from Canada, in order to address Canadian security, defence and foreign policy issues that were bound to arise with increasingly higher performance satellites. The announcement included a 20 point Canadian Access Control Policy that, among other things, reserved the government’s right to review and approve satellite systems, invoke shutter control over any satellite, and obtain priority access to satellite data.
A year later, the June 16, 2000 Agreement Between the Government of Canada and the Government of the United States of America Concerning the Operation of Remote Sensing Satellite Systems, referring specifically to the RARARSAT-2 project, called on Canada to enact the Access Control Policy into law, and at the same time ensure that Canadian commercial satellites would be controlled in a “comparable manner” to United States systems. The lawyers in the Department of Justice knew that a challenging legislative drafting task lay ahead of them.
Canada’s Remote Sensing Space Systems Act is examined from the perspective of its drafters, explaining why it is written as it is. The Act reflects concerns about national security, defence, environmental protection, public safety and foreign policy interests, including the desirability of sensed states being able to obtain data about their own territory as set out in the U.N. Principles Relating to Remote Sensing of the Earth from Outer Space. The final product, which became law on November 25, 2005, meets Canada’s needs by incorporating all aspects of the Canadian Access Control Policy, and at the same time meeting the comparability commitment in the Canada-US Agreement. This latter consideration is very important to the success of RADARSAT-2 because of the high degree of international cooperation involved, notably in obtaining US export permits for certain components of the satellite. Unexpected difficulties and pleasant surprises arising from the export control regime are described.
This paper can serve as a “how to” guide for jurists from like-minded countries contemplating the regulation of commercial remote sensing satellite systems.
- Abstract document
- Manuscript document
IAC-06-E6.3.12.pdf (🔒 authorized access only).
To get the manuscript, please contact IAF Secretariat.