- 1.1 Acronyms
- 2.1 Licence application process
- 3.1 The applicant - Key information and documents
- 4.1 The system participants - Key information and documents
- 5.1 Space segment Key information and documents
- 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
- 7.1 The data - Key information and documents
- 8.1 Provisional approval
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
Benefits of preliminary consultations with GAC prior to submitting an application:
- GAC is familiarized at an early stage with the Applicant’s mission
- Applicant obtains clarity on whether a license is required and information expected for the application
- GAC can advise if modifications are required to the application
- The development of a proposed system and the license application provide an opportunity for both sides to identify potential issues
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:
- System Disposal Plan
- Command Protection Plan
- Data Protection Plan
The Applicant and System Participant(s) must acknowledge the obligation to maintain records and allow inspectors access to their facilities.
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 0G2Schedule 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.
Did you know?
In an effort to streamline the process, GAC has developed two application streams based on the system’s Eligibility Threshold to determine if the applicant can complete the Multi-Stage Application Process.
A system capable of producing high-grade remote sensing data will require the application, as per Annex C.
A system that is eligible can follow the Multi-Stage Application approach, starting with the completion of Stage-1 . During GAC’s review, additional information may be requested, possibly prompting the completion of Stage-2 . Refer to Annex D for full details.
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:
- Entities identified and listed from time to time under Canada’s Anti-Terrorism ActFootnote 11 and the Criminal CodeFootnote 12 , and listed on the Public Safety Canada Footnote 13 website.
- 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:
- Current sanctions imposed by Canada Footnote 14 ; and
- 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.
- Identification and contact information of the Applicant.
- Identification and contact information of the “contact person” for the Applicant.
- Security documents for the contact person, as per Schedule 1, Section 3 of the Regulations:
- Personnel screening form; Security screening certificate; Security clearance form; and
- 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.
- 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:
- a certified copy of its instrument of incorporation or continuance or its business registration in its jurisdiction of operation, as the case may be;
- the name, identifying information and contact information of the chief executive officer and each of the Applicant’s directors, if any;
- 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;
- 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
- the name, identifying information and contact information of each person who exercises control over the Applicant.
4. The system participant
Controlled activities
(The Act, Section 2):- formulating or giving a command
- receiving raw data
- storing, processing or distributing raw data
- establishing or using
- cryptography in communications
- information assurance measures
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.
- Identification and contact information for each System Participant (as per the Applicant’s requirements listed in Section 3.1 above).
- 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.
- Security documents for the contact person for each System Participant (as per the Applicant’s requirements listed in Section 3.1 above).
- Names and security information for persons performing Controlled Activities.
- Final draft or signed copy of the System Participant Agreement, attaching other required documents such as:
- General Site Description;
- Individual or consolidated Data and Command Protection Plans; and
- 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.
5. The space segment
A Remote Sensing System consists of three parts:
- Space Segment (satellite(s) and sensors)
- Ground Segment (ground stations, networks, mission control centre and other facilities used to operate the system, as well as related facilities)
- Data (the facilities used to receive, store, process and/or distribute raw data from the satellites)
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:
- Launch and Early Operational Phase
- Ongoing Telemetry, Tracking and Control
- Data download that is “ bent-piped ” Footnote 22 to a location outside of Canada
- 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.
Satellite Registration Reminder
The Government of Canada is required to register all Canadian space objects with the United Nations, including those from industry and academia. Please contact the Canadian Space Agency about registering your satellite as soon as possible to begin the process at asc.enregistrementobjetsspatiaux-spaceobjectsregistration.csa@canada.ca
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.
- Identification and contact information for the satellite owner/operator (if different from the Applicant)
- Identification and contact information on the contact person for the satellite owner and/or operator (if different from the Applicant)
- Preliminary design review and critical design review reports
- General description of the satellite
- Satellite technical details
- Data and Command Protection Plans
- Encryption Methodology
- System Disposal Plan (disposal of satellites(s))
- End-User Licence Agreement, if applicable
- 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
The Government of Canada is liable for space activities conducted by Canadian persons that are involved in launching satellites, whether the activities are conducted in Canada or involving Canadians abroad.
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.
RSSSA Section 9 (1):
The Minister may not issue a licence without having approved- system disposal plan for the licensed system satisfactory to the Minister that, among other things, provides for the protection of the environment, public health and the safety of persons and property; and
- arrangements satisfactory to the Minister relating to the guarantee of the performance of the licensee’s obligations under the system disposal plan.
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
If any changes or amendments are needed for any of the plans (or other documentation), the licensee must inform the Minister without delay.
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.
- 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
- End-User Licence Agreement
- 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.
- General description of the data, raw data, imaging type, and/or remote sensing products
- End-User Licence Agreement
- 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 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
RSSSA, Section 2
Controlled Activities:- formulating or giving a command;
- receiving raw data;
- storing, processing or distributing raw data; and
- establishing or using
- cryptography in communications
- information assurance measures
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
- Identification and contact information of the Applicant
- Identification and contact information of the “contact person”
- Security documents for the contact person, as per Schedule 1 Section 3 of the Regulations:
- Personnel Screening, Consent and Authorization Form (TBS/SCT 330-23 ) of the Treasury Board Secretariat
- Security Screening Certificate and Briefing Form (TBS/SCT 330-47 ) of the Treasury Board Secretariat
- Security Clearance Form (TBS/SCT 330-60 ) of the Treasury Board Secretariat
- 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.
- If the Applicant is an entity, other than a government or government agency:
- The entity’s financial information is required, which includes:
- certified copy of its instrument of incorporation or continuance or its business registration in its jurisdiction of operation, as the case may be;
- the name, identifying information and contact information of the chief executive officer and each of the Applicant’s directors, if any;
- 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;
- 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
- the name, identifying information and contact information of each person who exercises control over the Applicant.
System participants
According to Section 32 of Schedule 1 of the Regulations, the System Participants must provide:
- Identification and contact information for each System Participant
- 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
- Security documents on the contact person for each System Participant
- Names and security information for persons performing Controlled Activities
- Final draft and/or signed copy of the System Participant Agreement, attaching other required documents Footnote 35
- Depending on the role of the System Participant(s):
- System Disposal Plan
- Command Protection Plan
- Data Protection Plan
Space Segment – Satellite(s)
- Identification and contact information on the satellite owner/operator (if different from the Applicant)
- Identification and contact information on the contact person for the satellite owner and/or operator (if different from the Applicant)
- Preliminary design review and critical design review reports
- Common description of the satellite
- Satellite & sensor technical details
- Data and Command Protection Plan
- Encryption Methodology
- Satellite Disposal Plan (can be combined with a System Disposal Plan)
- End-User Licence Agreement (if different than for the data component)
- Copy of International Communication Union Registration and Radiocommunication Licence
Ground Segment – Ground Station(s)/Facility(ies)
- Ground Station Engineering Drawings
- Ground Station Structural Drawings Footnote 36
- Municipal Building Permit
- Command Protection Plan
- Data Protection Plan
- Encryption Methodology
- Network Plan
- Ground Station Equipment List
- Ground Segment Disposal Plan (can be combined with a System Disposal Plan)
- End-User Licence Agreement (if different than for the data component)
- Environmental approval
- Canadian Radio-Television and Telecommunications Commission Licence (if applicable)
Data
- Common description of the data and/or raw data and/or imaging type and/or remote sensing products
- End-User Licence Agreement
- Data Protection Plan
- 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
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.
While endeavouring to answer these IT security questions, the following aspects may also be addressed in the Plan, as appropriate.
Information security documentation
Preparing relevant documentation supports implementation of planned security measures.
Information security monitoring
Vulnerability management includes monitoring and managing vulnerabilities in, and changes to, a system that can provide valuable information about exposure to threats.
Change management includes implementing routine and urgent changes to software or systems to maintain security (including if the change triggers the need for re-accreditation ).
Infrastructure security includes good cable management and emanations security regimes that help entities maintain the integrity and availability of communications infrastructure, in addition to the confidentially of information:
- a. Cable management practices can protect information from deliberate or inadvertent access.
- b. Countermeasures reduce the risk of information being intercepted and systems compromised.
Systems and devices security includes measures that minimise data spills or unauthorised disclosure of information as data flows in and out of digital gateways.
Entities need assurance that products with a security function perform as claimed by the vendor and provide the necessary security to mitigate security threats. Assurance is achieved through formal and impartial evaluation.
Implementing sound security practices when connecting, storing, transferring, sanitising, destroying or disposing of media plays a major role in preventing classified or sensitive data spills and avoiding malicious attacks.
Media security is critical when decommissioning an IT system.
It is important to implement and maintain measures to protect against software vulnerabilities that may be used to undermine the integrity or availability of systems or information.
Well-structured and robust IT systems allow necessary access for personnel to undertake their work, while protecting information, technology and intellectual property.
Restricting administrative privileges is one of the most effective ways to safeguard IT systems.
Network management practices and procedures assist in identifying and addressing network structure or configuration vulnerabilities.
Cryptography is primarily used to restrict access to information to authorised users. It provides confidentiality, integrity, authentication and non-repudiation of information. Encryption protects the confidentiality of data by making it unreadable to unauthorised users.
Mitigating risks by securely managing data flows between different domains includes:
- deploying and configuring gateways to manage information flow paths (ingress and egress of traffic) across approved systems on entity networks;
- implementing gateway firewalls to protect against intrusions, particularly for sensitive networks;
- using diodes to protect against data spills and malicious actors seeking to use information flow paths to intrude or attack information;
- allowing web access while protecting against the execution and spread of malicious software; and
- prohibiting the sharing of peripherals between IT components and ensuring unauthorised information does not pass between security domains.
Data transfers and content filtering
These pertain to implementation of procedures to ensure that content leaves a security domain in a secure manner. It also includes application of content-filtering techniques to reduce the risk of unauthorised or malicious content crossing a security boundary.
Cyber threat mitigation
Usual measures include: application control, patching applications, restricting administrative privileges, patching operating systems, user application hardening, multi-factor authentication and daily backups.
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).
Business information and documents
General system information
- The entity’s financial information is required, which includes: