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Industry committee  Well, we haven't seen the contracts that Canada has with MDA. But under Canadian law, Canada has the right, as the U.S. will, to assert priority access to certain information. It's important that you understand that right now, under Canadian law—and U.S. law is very much the sam

April 3rd, 2008Committee meeting

Steven Shrybman

Industry committee  The U.S. has its own satellites, including remote sensing satellites. This is legislation that applies to commercial satellites and simply applies to all commercial satellites that are owned by U.S. companies. Perhaps I misunderstood your question.

April 3rd, 2008Committee meeting

Steven Shrybman

Industry committee  It is because of the provisions we've been reading from, including section 5622 in the Land Remote Sensing Policy Act, which says, “No person who is subject to the jurisdiction or control of the United States”, which would mean ATK, as the rule goes on to stipulate, “may, directl

April 3rd, 2008Committee meeting

Steven Shrybman

Industry committee  Yes, the company will require a U.S. licence.

April 3rd, 2008Committee meeting

Steven Shrybman

Industry committee  I think your reading of the U.S. regulations—and I referred to them earlier—is quite accurate. It is conceivable that the Canadian legislation would apply as well to this satellite. I think it's unlikely, but it's possible. To the degree that Canada can claim jurisdiction under

April 3rd, 2008Committee meeting

Steven Shrybman

Industry committee  Yes. Is that directed at me?

April 3rd, 2008Committee meeting

Steven Shrybman

Industry committee  Yes, it is my legal opinion, and of course the basis for it is set out in the opinion, and the statutory provisions that apply are there.

April 3rd, 2008Committee meeting

Steven Shrybman

Industry committee  Ms. Brunelle, the short answer to your question is yes, that's true. U.S. law applies, and it would trump any agreement that MDA or any successor corporation would have with the Government of Canada. The regulations from which Professor Stojak was reading are quite explicit in th

April 3rd, 2008Committee meeting

Steven Shrybman

Industry committee  I think both departments have a critical role to play, though the statutory mandates they have are quite different. MDA has to maintain control of the licence of the satellite and control over its satellite unless it seeks a transfer of the licence to another company, and that

April 3rd, 2008Committee meeting

Steven Shrybman

Industry committee  The provision Dr. Stojak refers to is also set out in the authorizing legislation under which the regulations are promulgated. As she indicated, that's the Land Remote Sensing Policy Act. So it's not simply a regulatory proviso that stipulates that you need a licence under the U.

April 3rd, 2008Committee meeting

Steven Shrybman