WASHINGTON -- A bill that would align Canadian remote
sensing laws with those of the United States has made its first steps through
the Canadian parliament.
The legislation, co-sponsored by four Canadian
ministries with purview over imagery satellite interests, is designed to promote
the development of the commercial remote sensing industry in Canada but also
provide the government the power to curb satellite operations to protect
national security, a process referred to in the industry as shutter
control.
The bill, "C-25: An Act Governing the Operation of
Remote Sensing Space Systems," was introduced in the Canadian House of Commons
in November and received its first hearing before the Standing Committee on
Foreign Affairs and International Trade Feb. 1.
"This act will regulate the operation of Canadian
remote sensing satellites and ensure these instruments and the information they
produce are not used against the interests of Canadians," Pierre Pettigrew,
Minister of Foreign Affairs, said while introducing the bill in the House of
Commons. "The legislation will serve to protect the safety of Canadians and our
allies."
The legislation, sponsored by the Minister of Foreign
Affairs; the Minister of Public Safety and Emergency Preparedness; the Minister
of National Defence and the Minister of Industry, who oversees the Canadian
Space Agency (CSA), grants the minister of Foreign Affairs the ability to
license the operation of spacecraft and ground stations as well as regulate the
distribution of data and products.
In a speech before the House of Commons, Dan
McTeague, parliamentary secretary to the minister of foreign affairs, said the
bill is intended to modernize Canada's remote sensing laws. "We hope that our
thinking on this bill will continue to be productive and will not interfere with
the interests of the private sector while understanding the realities of the
world in which we live," he said.
The legislation also fulfills Canada's obligations
under a treaty signed with the United States in 2000. The treaty, the "Agreement
Concerning Operation of Commercial Remote Sensing Satellite Systems," is
intended to promote development of a commercial industry in each country while
ensuring the privately owned imagery satellites would not be used to harm the
two nations.
The treaty specifically mentioned Radarsat-2, a
next-generation radar imagery satellite scheduled to be launched by Canada in
late 2005 or early 2006. Most of the funding for the satellite, which is being
built by MacDonald Dettwiler of Richmond, British Columbia, is being provided by
the Canadian Space Agency, but Radarsat-2 will be the first imagery satellite to
be owned by a Canadian company and not the government.
"We realize this system can be used in the context of
national security and that the data also has commercial value," Marc Garneau,
president of the CSA, said in an interview. "... We are trying to make Earth
observation a viable commercial undertaking."
MacDonald Dettwiler provided input on the bill,
company spokeswoman Liza Aboud said.
"With new high resolution satellites, and other
satellite capabilities, licensing makes sense," she said in a written reply to
questions.
Besides the shutter control provision, the
legislation also grants the government priority access to the
satellite.
Such control prompted some legislators to raise
concerns about whether the legislation may promote military use of imagery
satellites, especially in conjunction with missile defense systems, and whether
the privacy of Canadian citizens will be protected.
Francine Lalonde, vice-chair of the Foreign Affairs
Committee, said the Bloc Quebecois party supports the bill, but that the
language would be scrutinized heavily in committee.
"This is, in fact, the first time we have had to deal
with a device that has military capacities and international capabilities,"
Lalonde said. "It will be managed by a private owner, but the government wants
to regulate it so that it does not contravene its international commitments, and
also so that it is not at odds with what would be good for national defense and
security."
In testimony before the Foreign Affairs Committee
Feb. 1, Paul Chapin, director general of the International Security Bureau
within Foreign Affairs Canada, tried to alleviate such concerns.
"It is clear that this bill is entirely unrelated to
any decision as to Canada's participation in ballistic missile defense," Chapin
said. "Bill C-25 in fact would not facilitate such participation. The radars or
other sensors on remote sensing satellites of the type expected to be licensed
under Bill C-25 would be designed to produce detailed images of the surface of
the Earth and would not be optimized to provide the range and bearing for
objects in flight above the Earth, such as ballistic missiles."
Chapin also noted that privacy concerns are
unwarranted because Radarsat-2 will not have the capability to gather
information on individuals.
More committee hearings are scheduled before the
legislation goes back to the full House of Commons, Stephen Knowles, clerk of
the Foreign Affairs Committee, said. The bill then would be sent to the
senate.
Neither Knowles or Garneau would estimate how long it
might take the bill to make its way through both houses of
parliament.