Marginal note:Power of Governor in Council

3. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

Marginal note:Binding on Crown

• 4. (1) This Act binds Her Majesty in right of Canada or a province.

• Marginal note:Order modifying application of Act to certain systems

  (2) The Governor in Council may make an order with respect to a remote sensing space system operated by the Department of National Defence or the Canadian Space Agency providing that this Act and the regulations apply to that system only in the manner and to the extent provided for in the order. The order may adapt any of the provisions of this Act or the regulations for the purposes of that application.

• Marginal note:Exemption by order

  (3) The Minister may, by order, exempt any person or remote sensing space system — or any class of person, system or data — from the application of any provisions of this Act or the regulations. The exemption order may be limited in scope or made subject to conditions. It may be made only if the Minister is satisfied that

  • (a) the exemption is neither injurious to national security, to the defence of Canada, to the safety of Canadian Forces or to Canada’s conduct of international relations nor inconsistent with Canada’s international obligations;

  • (b) adequate provision will be made for the protection of the environment, public health and the safety of persons and property; and

  • (c) the interests of the provinces are protected.

Marginal note:System operator requires licence

5. No person shall operate a remote sensing space system in any manner, directly or indirectly, except under the authority of a licence.

Marginal note:Activities outside Canada

6. Section 5 applies also to the following persons with respect to their activities outside Canada:

• (a) Canadian citizens;

• (b) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

• (c) corporations that are incorporated or continued under the laws of Canada or a province; and

• (d) members of any prescribed class of persons having a substantial connection to Canada related to remote sensing space systems.

Marginal note:Applications regarding licences

7. An application to the Minister to issue, amend or renew a licence must be made in the prescribed form and manner, be supported by a proposed system disposal plan, proposed guarantee arrangements referred to in paragraph 9(1)(b) and any other prescribed information, documents and undertakings and be accompanied by any prescribed application fee.