Canada's new licensing regime for remote sensing
- Paper number
IAC-06-E6.3.13
- Author
Mrs. Vicky Chouinard, ART Advanced Research Technologies Inc., Canada
- Year
2006
- Abstract
Despite its active participation in the space remote sensing sector, Canada did not have, until recently, a specific and comprehensive regulatory framework to implement its international obligations and to govern all aspects of its private industry endeavors in outer space. Since Canada's space activities have always been undertaken as cooperative projects with foreign partners, the regulatory aspect of Canadian remote sensing activities was dispersed in a series of international and national documents containing the applicable norms and policies. The world’s continuing trends towards commercialization and privatization of remote sensing satellites lead several governments to change direction in space policy by leaving to a certain extent commercial objectives to private industry. Starting with its two Radarsat projects, Canada have always been taking steps to ensure a strong position for its private remote sensing sector. For the Radarsat-2 program, a unique public-private partnership between the Government of Canada and the private sector was established, which brought challenges to Canada and its remote sensing industry. In fact, political pressures from the United State concerning the Radarsat-2 program and the absence of any licensing regime led the Canadian Government to reconsider its remote sensing space policy in light of national security or foreign policies issues. At the end of 2005, Canada has finally developed suitable legislation for the commercial licensing process of remote sensing satellites. The first Act Governing the Operation of Remote Sensing Space Systems (Bill C-25) in Canada is about to be implemented by the Government of Canada. The aim of our paper is to analyze, in light of the recent regulatory changes, the current licensing regime for private commercial remote sensing systems in Canada. An analytical and comparative approach will be used. A brief review of what led to the present body of Canada’ remote sensing legal framework will be done and we will identify the main policies and laws relevant to Canadian remote sensing activities. In parallel, we will also highlight how the general aspects of the international legal regime set forth in the United Nations Remote Sensing Principles of 1986 apply to domestic remote sensing activities within Canada. We will present in more detail the legal obligations of Canadian commercial firms that receive government’s licenses to operate their imaging satellites. We will further see the impact of national security issues and foreign affair concerns on Canada’s domestic legal framework. Finally, we will see how the development of the Canadian regulatory structure remains greatly influenced by the American legal framework on remote sensing. Our conclusions shall led to a preview of the the potentials impacts of these new changes on the private industry. The original aspect of our paper resides in the provision of a professional and early analysis of the newly enacted legislation.
- Abstract document