Remote Sensing Space Systems Act - Operating licence application guide

Version 1.1 – March 8th, 2021

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

Version Remark

GAC has recently approved a “version 2” of the RSSSA Operating Licence Application Guide and it is undergoing translation. The updated version will be published on our webpage once the translation is completed. As an interim solution, please request a PDF version by contacting the Space Regulatory Section at: RSSSA-LSTS@international.gc.ca.

Disclaimer

This document is intended to guide potential and existing Licensees and System Participants in understanding the licensing process and facilitating the submission of complete applications for a licence. This guide is not intended to replace the Remote Sensing Space Systems Act and the Remote Sensing Space Systems Regulations, and in case of any conflict, the Act and Regulations will supersede the guide.

Executive summary

With space becoming more easily accessible and with space having transitioned from a “nice to have” resource to an “essential” resource, there is greater demand for Earth observation images.

Such images are obtained through the operation of remote sensing space systems, which are regulated in Canada pursuant to the Remote Sensing Space Systems Act (S.C. 2005, c. 45) (RSSSA, the Act) and the Remote Sensing Space Systems Regulations (SOR 2007-66) (RSSSR, the Regulations).

This document will guide an applicant in submitting an application for a RSSSA Operating Licence. Detailed within the guide are information on the following:

• Applying for a licence: What is required from the applicant;
• The Remote Sensing Space System: Space Segment, Ground Segment, and Data;
• Required documentation; and
• Appendices with further details.

The Space Section of the Non-Proliferation, Disarmament and Space Division of the International Security Bureau at Global Affairs Canada (GAC) is the author of this document. Any questions, clarification or concerns can be directed to RSSSA-LSTS@international.gc.ca

We recommend that the applicant read both the Act and the Regulations, before proceeding with this guide.

1. Introduction

Submitting an application for a licence to operate a Remote Sensing Space System can be extremely challenging considering the complexity and the volume of information required, pursuant to the Remote Sensing Space Systems Act^{Footnote 1} (S.C. 2005, c. 45) (RSSSA; “the Act”) .  This document provides guidelines on the licensing procedure to clarify the application process, while a future document will explore other aspects of the Act and the Regulations.

The Space Section of the Non-Proliferation, Disarmament and Space Division of the International Security Bureau at Global Affairs Canada (GAC) administers the Act on behalf of the Minister of Foreign Affairs (referred to as the Minister within this document). Additionally, GAC is the regulatory body of the Act and the Regulations.

GAC encourages a potential applicant to engage in early consultations before submitting a licence application by contacting RSSSA-LSTS@international.gc.ca. GAC will review initial information from the applicant and advise if modifications are required. The early consultations also provide an 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.

2. Applying for a licence

Sections 2 through 7 of the Remote Sensing Space Systems Regulations^{Footnote 2} (SOR/2007-66) (RSSSR; “the Regulations”) list the required documentation to support an application for a licence, an amendment to a licence, or its renewal. The application must be in writing, dated and signed by an authorized representative to affirm that the information contained in the application is true, complete and correct. A copy of the application must be sent electronically. Copies of any proposed agreements with System Participants and final versions of such agreements are also to be included. After the applicant has provided all the 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 also include Schedule 1 Information and Documents to Support an Application^{Footnote 4}. Sections 1 to 8 of Schedule 1 list the details of the business information and documents required in an application. If an affiliated entity is involved in the operation of the system, it must be identified and its business information provided, as indicated in Section 31 of Schedule 1. Information is also required regarding the satellite and its operation.

The application must include a “System Disposal Plan”, a “Command Protection Plan”, and a “Data Protection Plan” or a combined “Command and Data Protection Plan”. In addition, if an application requests GAC to designate 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.

The applicant is required to notify the Minister via GAC’s Space Section of any subsequent changes to the design affecting the system's operational capabilities after an application is submitted or a licence is already awarded. In compliance with the established timelines, GAC will coordinate the review process within the Government of Canada.

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

An overview of the process for review of an application can be visualised in the following flowchart (Figure 2‑1).

Figure 2-1: Licence application review process

Text version

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

2.1 Licence application process

GAC strongly encourages a potential applicant to initiate early consultations to help assess whether proposed operations of a remote sensing space system require a licence under the Act.
In the case of a required license, if the information in an application is incomplete or becomes inaccurate due to an operational change (or due to another situations that caused the change) prior to issuance of the licence, the applicant must submit the new or corrected information with GAC as soon as possible.^{Footnote 6}

A complete application provides detailed information related to all elements of Sections 2 through 7 and Schedule 1 of the Regulations.

Applications and all related documents must be submitted to:

Space Policy and Regulatory Affairs Section
Non-Proliferation, Disarmament and Space Division
International Security Policy Bureau
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario K1A 0G2

The Regulations’ Schedule 1 sets out a list of required information and documents, which must be part of an applicant’s application. Appendix C of this document provides guidance to an applicant regarding the information and documents required which could be used as a basis for an application. Each application must be completed in writing, include all of the information set out in Schedule 1 of the Regulations. If any of the information required is not applicable, the applicant must indicate “N/A” and provide reasons why. The application must be dated and signed by an authorized principal executive officer that affirms that the information contained in the application is true, complete and correct. Thereafter, a copy of the application is sent by electronic mail.^{Footnote 7} Copies of any proposed agreements with System Participants and final versions of such agreements are also to be included.

3. The applicant – General information

The applicant is the “person” that submits the application for a licence under the Act. This person may be an individual or an entity, including a government or government agency, a corporation, or an unincorporated organization. A contact person for the applicant needs to be identified for all future communications.

All required documentation for the applicant must 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 (UN) and Canadian sanction lists or any specific prohibition lists (see, 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 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 website^{Footnote 13}. 
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
   2. Listed Persons

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 the proposal meets the requirements of the Act and the Regulations. A list of all key documents is found in Appendix 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 administrating 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 14} for information on obtaining the required security clearance.
      
      The minimum required security clearance is “reliability”, but 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, 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 – General information

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

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

4.1 The system participants – Key information and documents

Data on the System Participant 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  Appendix 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, clearly 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 on 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/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 Section 5, Section 6 and Section 7 of this guide) for which the System Participant contributes.

5. The space segment – General information

All satellites with the capability 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 15} The supporting documents submitted with the application will be reviewed and analyzed by GAC together with other departments or agencies.^{Footnote 16} Once a decision is reached that 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 17}

Preliminary design review 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 18}The reports are to be provided within 45 days after the completion of the design reviews. As well, identifying information details for the satellite are required for registration of the satellite with the UN.^{Footnote 19}

For any satellite four possible operational tasks may be considered:

1. Launch and Early Operational Phase (LEOP)
2. Ongoing Telemetry, Tracking and Control (TT&C)
3. Data download that is “bent-piped”^{Footnote 20} 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 usually found within 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 Appendix A of this guide.

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. 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 (EULA); if applicable
10. Copy of the International Communication Union Registration and the Radiocommunication Licence

6. The ground segment facilities – General information

The Act governs the ground stations/facilities from the planning stage to its final disposal. The applicant is required to submit reports on the preliminary design review and critical design review for the ground stations/facilities “including its reception, storage, processing, delivery and information assurance subsystems”^{Footnote 21} for a ground station/facility under construction. GAC further requires:

• A copy of all permits and authorisations obtained from the various authorities (for example, 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 Appendix B of this guide).

6.1.1 Command protection plan

The detailed components of a Command Protection Plan are listed in the Regulations.^{Footnote 22} 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 (IT), 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 23} 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 IT, physical and personnel security for satellite data reception, IT 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/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 terrorist attacks). A list of possible questions to be considered could include:

• What is the material used for fencing around the facilities?
• Is there fencing around antennas as required by the Radiocommunication Act?^{Footnote 24}
• Do first responders have access to buildings in an emergency?
• Is there an Access Log in place and are people entering the site required to sign in and out?

6.1.4 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 25}

GAC requires that all satellite commands be encrypted to ensure positive control of the satellite(s).^{Footnote 26} 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 27}.  Article II of the Convention 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 28} This means that the Government of Canada could be liable for space activities conducted by Canadians that are 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 29} As well, the plan must also 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 30}

6.3 Regular review by the licensee

As part of the process of ensuring that the information supplied to GAC is current, the Licensee and its System Participant(s) are required to regularly review^{Footnote 31} the information in the Command Protection Plan, the Data Protection Plan and the System Disposal Plan. Currently, GAC requires the 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 remote sensing space system’s ground 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 Appendix A of this guide.

• Ground Station Engineering Drawings
• Ground Station Structural Drawings
• Municipal Building Permit
• Command Protection Plan
• Data Protection Plan
• Encryption Methodology
• Network Plan
• Equipment List
• System Disposal Plan
• EULA
• Environmental approval

7. The data – General information

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 is it processed (space or ground facility), where it is kept (archived), how is it accessed and how the end user gains access to it.

Since data is often associated with the 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

Data 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 all key documents is found in Appendix A of this guide.

• General description of the data / raw data / imaging type / remote sensing products
• EULA
• Data Protection Plan [can be part of a combined Data & Command Protection Plan]
• 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 Appendix D of this document. If the licence contains any exemptions, it must be signed by the Minister as the Act directs 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 that is recommended by the GAC review. If no exemptions are contained in the licence, 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 given provisional approval of the application with necessary conditions, but without any exemption, as per Section 8(1)(a) of the Act. This allows the applicant to finalize contracts and operate as the provisional approval is binding on the Minister, as long as there is no substantive change in the facts 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 32}At times, operations to test any component of a remote sensing space system may become necessary. Two examples include:

• the testing a new antenna that has been built in a ground station by transmitting commands to an already operational remote sensing satellite; or
• to downlink data from an operating satellite to simulate and test.

Any testing operation amounting to a Controlled Activity requires a prior authorization from GAC, despite the fact that it is for a limited time duration. Usually data received and processed in such operations are not allowed for distribution.

10. Acronyms

EULA

End-User Licence Agreement

GAC

Global Affairs Canada

IT

Information Technology

RCMP

Royal Canadian Mounted Police

RSSSA

Remote Sensing Space Systems Act; the Act

RSSSR

Remote Sensing Space Systems Regulations; the Regulations

SPA

System Participant Agreement

Appendices

Appendix A - Application documents list

In addition to the Schedule 1 Application, as found in the Regulations, the following lists are 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 on each System Participant.
2. Description of the Remote Sensing Space System, clearly 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 on the contact person for each System Participant.
4. Names and security information for persons performing Controlled Activities.
5. Final draft/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 has not been presented elsewhere by the applicant.
6. Depending on the role of the System Participant(s):
   1. System Disposal Plan;
   2. Command Protection Plan; and
   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 in a System Disposal Plan].
9. End-User Licence Agreement (EULA) [if different than for the data component].
10. Copy of the International Communication Union Registration and the Radiocommunication Licence.

Ground segment – Ground Station(s)/Facility(ies):

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. Ground Station Equipment List.
9. Ground Segment Disposal Plan (can be combined in a System Disposal Plan)
10. EULA (if different than for the data component)
11. Environmental approval

*These drawings must show the location of the ground station, the complete perimeter of the area and the location of external security devices.

Data

1. Common description of the data / raw data / imaging type / remote sensing products
2. EULA
3. Data Protection Plan
4. Data Disposal Plan (can be combined in a System Disposal Plan)

Appendix B - Protection plans

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 in question, these two plans may be combined and submitted as one single document: “Command and Data Protection Plan” (Section 30).

These plans should provide information from the following perspectives:

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

This document identifies general baseline protection measures and specific measures for each of the three perspectives that will be undertaken to address the threats and risks that a Licensee or System Participant can face or reasonably anticipate.  Certain operations may face different threats because of their very 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.

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

General protection measures

Security awareness

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

• How are concerned individuals informed and regularly reminded of security issues and concerns of their security responsibilities?
• How do they comply with their security responsibilities in order not to inadvertently compromise security?

Security training

The plan(s) should elaborate how the security training is covered. Issues/questions to take into consideration include:

• What kind of specific security training do individuals concerned with specific security responsibilities receive to ensure they have the necessary knowledge and competencies to effectively perform their responsibilities and avoid inadvertently compromising security?
• How is such training obtained?

Security incident management

The plan(s) should elaborate on the security incident management. Issues/questions to take into consideration include:

• 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?

Security inspections

The plan(s) should elaborate on how security inspections are conducted. Issues/questions to take into consideration include:

• 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 (for example, checking office areas during limited-access hours)?
• Would security inspections be conducted by assigned persons who are adequately trained to do the job and 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?

Security in emergency and increased threat situations

The plan(s) should elaborate on the management of security in emergency and increased threat situations. Issues/questions to take into consideration include:

• What plans and procedures are in place to escalate to heightened security levels in case of emergency and increased threat?
• What kind of coordination exists with other emergency prevention and response plans (for example, fire, bomb threats, hazardous materials, power failures, evacuations or civil emergencies) in the event of an emergency or increased threat situation?

Emergency and business continuity planning

The plan(s) should elaborate on the emergency and business continuity planning. Issues/questions to take into consideration include:

• 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?

Specific protection measures

Physical security

The plan(s) must elaborate on how the following aspects are dealt 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 an express need for access?
• How have custodian-tenant relationships been 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 that is sought to be licensed?
• 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 – for example, mechanical locksets for doors and windows in buildings and management of security keys

• Closed-circuit television (CCTV) 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 (for example, electric security fences)
• Safes and strongrooms
• Building elements, such as testing and rating for intruder resistance – for example, intruder-resistant panels
• Mailroom security
• Secure storage units – for example, requirements, classifications and methods of testing for resistance to burglary
• Fences – for example, specifications of steel palisade fences
• Building hardware such as controlled door closing devices and requirements and test methods – for example, thickness of materials and resistance to hammers, fire and firearms

Personnel security

Adequate personnel security measures facilitate the effective utilization of resources and is an essential mitigation tool to address threats posed by trusted insiders. Possession of an appropriate level of security clearance issued by Public Service and Procurement Canada^{Footnote 33} 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. Occasionally, 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 they gain access to resources (for example, 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 dealt with detail are as follows:

• How do personnel who require access to information, assets or facilities undergo an examination of their trustworthiness and honesty and, as appropriate, loyalty or reliability before 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 periodical 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 34}For example, consider the following criteria:
  • review of documentation
  • verification of identity
  • antecedents verification
  • 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

Information assurance

The plan(s) should elaborate on the approach and techniques used to guarantee information assurance. Issues/questions to take into consideration include:

• How are 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?

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 in order 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.

Security in contracting

The plan(s) should elaborate on the security implemented of contracted support for the remote sensing space system. Issues/questions to take into consideration include:

• 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 afforded an appropriate level of protection throughout their life cycle?

Appendix C - Clarifications on the schedule - 1 application

This appendix provides clarifications on the information and documents required to support an application under the Regulations’ Schedule – 1, which is the Remote Sensing Space Systems Act (RSSSA, the “Act”) Application form.

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

Appendix D - RSSSA operating licence outline

This section provides a high-level description of what to expect when you receive 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 being licensed, 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) (for example, 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 42}
  2. Providing a report on the delivery of the flight sensors^{Footnote 43}
  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

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

Annex B: Schedule 3: System participant designations and agreements

Annex B: Schedule 4:  Customer Access Profiles (CAPS) (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)

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

Annex B: Schedule 8: Satellites of the system

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.

Appendix E - 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) (RSSSA; 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 recommended to contact GAC as early as possible in the process. It will allow GAC to assign an Officer to your project. Future applicants may contact GAC at the stage of the planning of a remote sensing space system. GAC may then advise more precisely on the documentation requirements and identify elements requiring special attention.

Future applicants are also welcome 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 RSSSA.

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

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

A Canadian organization performing controlled activities for a foreign organization needs to obtain a licence under the RSSSA.

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

7. How am I to determine if a contractor needs a System Participant Agreement or not?

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 will 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 will enable GAC as regulator to review or make changes, if needed, to all official documents provided by the applicant requesting a remote sensing licence, and time for the internal administrative process to get the Minister’s approve.

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 time for approval might also be shorter.

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

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

11. If I have a licence from the United States (or other foreign country), is that good enough?

If you will conduct remote sensing activities in Canada, including such activities as storage and processing remote sensing data, a RSSSA licence is required. The RSSSA Licensing Team at GAC has regular exchanges with its international counterparts to ensure some level of harmonisation and to avoid contradictions in our respective licenses. Providing information from the foreign licence will be helpful in the review of the 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 needs to be explained (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:

1. can override the command from Canada; or
2. 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 you as an applicant will exercise control over the operations of the remote sensing space system as a whole for which the licence is being sought. Among others, this information is required to demonstrate how orders passed under Sections 14 and 15 of the Act (as they respectively relate to Interruptions of Service and Priority Access) will be executed.

16. What efforts are being made to ensure competitiveness of the Canadian Space Industry?

GAC engages bilaterally and multilaterally with other regulators to ensure that Canadian regulations are in line with those of like-minded countries and to reduce bureaucratic red tape in efforts to make it easier for Canadian space operators to compete. The Licensing Team at GAC is available for early discussions about your project. The Licensing Team makes presentations on the RSSSA and status updates at most major Canadian and international space and remote sensing conferences. These presentations are used to highlight the ease with which industry can operate in Canada and explains the regulatory environment in Canada that is conducive to space operators.

17. Will 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 made up of different foreign satellites? Will it have a different licensing arrangement than a system controlled by one “owner” / operator?

A constellation would typically be 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 first encourage dialogue with the Licensing Team at GAC. If an applicant is displeased with the outcome of a decision on its licence application, the applicant can 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 44}

Two questions typically asked by a foreign entity planning to operate in Canada:

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

The Canadian regulation will only exercise jurisdiction and control over any control activities occurring in Canada.

The Act applies to all activities that take 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 to operate in Canada. However, this is something that may be considered in the future. As each situation is unique, we recommend that you directly contact RSSSA-LSTS@international.gc.ca.