On Tuesday, April 26 the government tabled a “Notice of Ways and Means Motion” that would implement draft legislation included in this years budget. This includes the new Civil Lunar Gateway Agreement Implementation Act.
The tabled document which runs 443 pages in length includes legal changes to many Acts of which the Civil Lunar Gateway Agreement Implementation Act is but 5 pages.
The new legislation puts into law the memorandum of understanding signed between Canada and the United States related to the cooperation on the “Civil Lunar Gateway” and serves to “fulfil Canada’s obligations under the Agreement.”
The interpretation includes the following definitions:
- Agreement means the Memorandum of Understanding between the Government of Canada and the Government of the United States of America concerning Cooperation on the Civil Lunar Gateway, entered into on December 15, 2020, as amended from time to time under article 22 of the Agreement. (Accord).
- Minister, in respect of any provision of this Act, means the member or members of the Queen’s Privy Council for Canada designated as the Minister or Ministers for the purpose of that provision. (ministre).
The Act also includes some changes in the Criminal Code. The changes would extend the range of the Criminal Code to include the Lunar Gateway and the surface of the Moon.
The changes to the Criminal Code include the definition of a Space Station (subsection 7(2.34)) which is now defined as follows:
“Space Station means the civil international Space Station that is a multi-use facility in low-earth orbit, with flight elements and dedicated ground elements provided by, or on behalf of, Canada or the Partner States. (station spatiale).”
It currently reads as:
“Space Station means the civil international Space Station that is a multi-use facility in low-earth orbit, with flight elements and dedicated ground elements provided by, or on behalf of, the Partner States. (station spatiale).”
Of note, at first glance, it appears the Act does not cover any future private space stations unless Canada or Partner States (should Canada be a partner) have contributed “flight elements and dedicated ground elements.”
The same subsection (7) of the Criminal Code will now include the following new language:
Lunar Gateway — Canadian crew members
- (2.35) Despite anything in this Act or any other Act, a Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission is committed
- (a) on, or in relation to, a flight element of the Lunar Gateway;
- (b) on any means of transportation to or from the Lunar Gateway; or
- (c) on the surface of the Moon.
Lunar Gateway — crew members of Partner States
- (2.36) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Lunar Gateway, on any means of transportation to and from the Lunar Gateway or on the surface of the Moon that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission.
- (a) threatens the life or security of a Canadian crew member; or
- (b) is committed on or in relation to, or damages, a flight element provided by Canada.
Other notable additions to subsection 7 include:
- (2.38) The definitions in this subsection apply in this subsection and in subsections (2.35) and (2.36).
- Agreement has the same meaning as in section 2 of the Civil Lunar Gateway Agreement Implementation Act. (Accord)
- Canadian crew member means a crew member of the Lunar Gateway who is
- (a) a Canadian citizen; or
- (b) a citizen of a foreign state, other than a Partner State, who is authorized by Canada to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage canadien)
- crew member of a Partner State means a crew member of the Lunar Gateway who is
- (a) a citizen of a Partner State; or
- (b) a citizen of a state, other than Canada or a Partner State, who is authorized by a Partner State to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage d’un État partenaire)
- flight element means a Lunar Gateway element provided by Canada or by a Partner State under the Agreement and under any memorandum of understanding or implementing arrangement entered into to carry out the Agreement. (élément de vol)
- Lunar Gateway means the civil Lunar Gateway that is a multi-use facility in orbit around the Moon, with flight elements and dedicated ground elements provided by, or on behalf of, Canada or the Partner States. (station lunaire Gateway)
- Partner State means a State, other than Canada, that is a Gateway Partner as defined in Article 3.1 of the Agreement. (État partenaire)
- space flight means a flight that spans the period beginning with the launching of a crew member of the Lunar Gateway, continuing during their stay in orbit around or on the surface of the Moon and ending with their landing on earth. (vol spatial)