Space Regulation in Canada: Past, Present and Potential: The Case for a Comprehensive Canadian Space Law

Non-governmental organizations are now carrying out a significant portion of space activities, leading to the rapid advancement of space technologies and their applications. However, governments still play a crucial role in regulating the space industry. This book examines how the Canadian government has adapted to the new commercial space landscape and whether it is prepared to fulfill its authorisation and supervision responsibilities as the regulator of Canada's space industry. It provides a doctrinal analysis of Canada's historical space policy and current space laws, an empirical survey of the perspectives of those currently interacting with the regulatory framework, and a comparative exploration of how other jurisdictions oversee commercial space activities. The book recommends that Canada enact a comprehensive national space law and provides an annotated draft law for this purpose.

Format: Paperback / softback
Length: 436 pages
Publication date: 29 March 2022
Publisher: Springer Nature Switzerland AG

The realm of space has undergone a remarkable transformation in recent years, with a significant shift in the landscape of space activities. Gone are the days when national space agencies dominated the space domain; today, a vast majority of space activities are carried out by non-governmental entities. This operational shift has led to an unprecedented acceleration in the development and application of space technologies. While this transition from public to private ownership may suggest that governments are no longer relevant in the era of New Space, the reality is quite different. In fact, as the operational role of the state diminishes, its regulatory role has grown correspondingly.

Recognizing the dynamic nature of the commercial space landscape, this book aims to explore how the Canadian government has adapted to this new commercial space environment and assess whether it is adequately equipped to fulfill its authorisation and supervision responsibilities as the regulator of Canada's space industry. The central research question at the heart of this book is whether Canada's regulatory framework is appropriate given the increasing commercialization of space. To answer this question, the book provides a comprehensive doctrinal analysis of Canada's historical space policy and current space laws. It conducts an empirical survey of the perspectives of those currently interacting with Canada's regulatory framework, including industry stakeholders, policymakers, and legal experts. Additionally, the book conducts a comparative exploration of how other jurisdictions oversee commercial space activities.

Motivated by legal, moral, and economic considerations, the book recommends that Canada enact a comprehensive national space law. It presents an annotated draft law for this purpose, aimed at sparking a meaningful conversation on how Canada should fulfill its regulatory responsibilities in this rapidly evolving field. By addressing this topic that has previously been overlooked in public and academic discourse, the book seeks to contribute to the ongoing discussions on space policy and regulation.

In conclusion, the shift towards commercialization of space has transformed the space domain, and governments must adapt to this new reality. While non-governmental entities play a pivotal role in space activities, governments retain their regulatory responsibilities. This book provides valuable insights into how the Canadian government has responded to this shift and assesses whether its regulatory framework is sufficient to meet the challenges of the commercial space era. By advocating for the enactment of a comprehensive national space law, the book aims to contribute to the ongoing discussions on space policy and regulation and ensure that Canada remains a leader in this rapidly evolving field.

Weight: 694g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030686949
Edition number: 1st ed. 2021