The government of Canada is mandated by law to conduct an independent review of the Remote Sensing Space Systems Act (RSSSA), Canada’s de facto “space law,” every five years. This time, the Ottawa based consulting company Space Strategies Consulting Ltd. (SSCL) has been selected. The previous two reviews were conducted by the Institute of Air and Space Law at McGill University.
With the current growth of the space sector a review of the RSSSA is timely, though the same could be said at the time of the last review and the government has been slow to act on those recommendations.
In a press release SSCL stated that “In light of rapid and ongoing advances in satellite and remote sensing technologies, GAC (Global Affairs Canada) is also seeking a more thorough examination of the impact of the Act on technological development, whether technological developments have rendered any aspects of the Act out of date, and what, if any, amendments to the Act and/or Regulations may be needed to reflect technological development.”
SpaceQ had an exclusive story on the previous review which was released in early 2017. The report included several findings and recommendations and in part stated that “although the objective of the Act is to balance the public interests of Canada with the private interests of commercial remote sensing operators, the Act leans more in favour of protecting Canadian national security interests at the expense of technological development and commercial interests.”
Making changes to an Act of law can be complicated and time consuming. Many within the space community argue that government has been too slow to respond to changes in the space sector, and view Canada’s space regulations as being outdated and putting industry at a competitive disadvantage.
Since the 2017 review there have been several space regulatory symposia including the Space Regulatory Roundtable, the last in-person event. That event was organized by SpaceQ and brought stakeholders and government together for an open exchange of thoughts on the RSSSA and other space related regulations. Taking into account the feedback from the community over the last four years, GAC released a new RSSSA regulatory guide earlier this year as a first step.
Of note, one of the co-authors of the 2017 review, Aram Daniel Kerkonian, has recently had published a book on the topic titled Space Regulation in Canada: Past, Present and Potential – The Case for a Comprehensive Canadian Space Law. At the time of the review Kerkonian was at McGill University’s Institute of Air and Space Law. He now works in policy at the department of Innovation, Science and Economic Development Canada.
The review that SSCL is about to undertake will be conducted through the summer into the fall with the report due later this fall. At that point the government will review the report before it is tabled in Parliament next spring.
Andre Dupuis, Colonel (Retired), President SSCL told SpaceQ they will be reaching out to stakeholders and that an online survey should be available very shortly. In the meantime, stakeholders can contact SSCL by email at rsssa@sscl.solutions with any questions.
Maria Rey, SSCL’S Chief Technology Officer, also stated in the SSCL press release that “This review comes at an important time for Canada’s remote sensing space industry, as it experiences dramatic changes in technology, business models and international competition, as part of the ongoing revolution in the global space economy. Our Independent Review of the RSSSA will provide Government and legislators with the information and recommendations needed to ensure Canada meets its space remote sensing regulatory responsibilities while realizing key opportunities in space for Canada’s economic future.”