Consultation on Changes to Licensing Requirements and Conditions of Licence on Space Debris Mitigation

2. The Minister, under the Department of Industry Act, the Radiocommunication Act and the Radiocommunication Regulations, and in alignment with the objectives of the Telecommunications Act, is responsible for spectrum management in Canada. This includes developing national policies and goals for spectrum utilization and ensuring the effective management and use of the radio frequency spectrum resource and associated orbital resources.

3. ISED is committed to ensuring that Canadian consumers, businesses and public institutions continue to benefit from the latest wireless telecommunications services across the country. A robust wireless telecommunications industry drives the adoption and use of digital technologies, boosting the productivity of the Canadian economy and enhancing its international competitiveness. Satellites play a crucial role in the Canadian wireless telecommunications industry, enabling the provision of high-quality and innovative wireless services to Canadians, especially those living in rural and remote areas.

4. The rapid deployment of satellite constellations in non-geostationary satellite orbits (NGSO), including low-Earth orbit (LEO; an altitude range below of 2,000 kilometers) and medium Earth orbit (MEO; an altitude range between 2,000 kilometers and 35,786 kilometers) holds great promise for improving access to low-latency broadband connectivity in rural and remote regions of Canada and around the world. However, the proliferation of NGSO systems is increasing congestion, raising the risk of collisions that could impact current and future services and threaten space sustainability. As highlighted in the United Nations Office for Outer Space Affairs' Guidelines for the Long-term Sustainability of Outer Space Activities, "The proliferation of space debris, the increasing complexity of space operations, the emergence of large constellations and the increased risks of collision and interference with the operation of space objects may affect the long-term sustainability of space activities."

5. In this context, it is increasingly important for all satellite operators to minimize the risks of space debris through careful construction, operation and timely de-orbiting of their satellites. It is equally essential for national regulatory frameworks to keep pace with the rapidly changing orbital environment.

6. ISED's proposals in this Consultation are guided by the policy objectives of the Telecommunications Act and the Spectrum Policy Framework for Canada (SPFC), which emphasizes that the radio frequency spectrum is a unique resource that should be utilized to maximize the economic and social benefits for Canadians. In the context of satellite spectrum, the Minister's responsibility under the Radiocommunication Act for the orderly development and use of the spectrum resource cannot be separated from the management of associated orbital resources.

7. Given the global nature of satellite operations and Canada's obligations as a Member State of the International Telecommunication Union (ITU), ISED also notes Article 44 of the International Telecommunications Union (ITU)'s Constitution, which states that Member States that use frequency bands for radio services "…shall bear in mind that radio frequencies and any associated orbits, including the geostationary-satellite orbit, are limited natural resources and that they must be used rationally, efficiently and economically."

8. In recent years, there has been significant growth in the deployment of NGSO satellite systems for broadband connectivity. As more satellite systems are deployed in LEO, the orbit becomes more congested, raising concerns about the increasing risk of space debris, which the Inter-Agency Debris Committee (IADC) defines as "all human made objects including fragments and elements thereof, in Earth orbit or re-entering the atmosphere, that are non-functional." In such a congested space environment, operators have less time to assess and respond to potential collision risks, increasing the likelihood of accidental collisions and the subsequent creation of more debris. The rising number of space objects also necessitates more frequent course corrections, which require the expenditure of onboard fuel and dedicated personnel, and disrupts operations.

9. Even small debris fragments can lead to catastrophic collisions, potentially destroying operational satellites and creating new debris fields. Space debris can remain in orbit for extended periods, posing risks not only to current satellites but to crewed spacecraft such as the International Space Station and future space activities. Based on figures cited in the National Aeronautics and Space Administration (NASA) report Cost and Benefit Analysis of Mitigating, Tracking, and Remediating Orbital Debris, the amount of debris greater than 1mm in size in LEO is estimated at being between 30 million and 1.8 billion objects.

10. According to the ESA Space Environment Report 2024, extrapolating current trends in orbital usage and launch activities, combined with ongoing fragmentation and the limited success rate of post-mission disposal, suggests that a cascade of collision events could be triggered over the coming centuries. Even without the launch of additional satellites, collisions among existing space debris are expected to continue contributing to its growth.

11. According to the European Space Agency's (ESA's) report, there has been a total of 645 confirmed fragmentation events in Earth's orbit since the beginning of the space age to the end of 2023. These events represent instances where objects in space have broken apart, either intentionally or accidentally.

12. These findings, among others, have contributed to a viewpoint that is increasingly shared among spacefaring nations that more stringent practices for mitigating space debris must be established on a global scale.

13. Debris in LEO can also impact access to higher orbits, such as MEO, highly elliptical orbits (HEO), and geostationary orbits (GSO). That affects all types of critical satellite systems and services, including navigation systems, aviation, maritime, rail, road, mass transit, land surveying, law enforcement, emergency response, precision agriculture, mining, finance, scientific research, and more.

14. For Canadians, the potential loss of satellite services due to debris impacts could severely disrupt communication services nationwide, hindering economic development, educational opportunities, and emergency response capabilities.

5.1 International framework

15. Various voluntary, consensus-based principles, best practices and guidelines at the international level address space debris mitigation.

16. The United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) was established "to govern the exploration and use of space for the benefit of all humanity: for peace, security and development." UNCOPUOS also studies the prevention and minimization of space debris and facilitates discussions between states and organizations. The Committee has published a compendium of space debris mitigation standards, which has been adopted by countries and international organizations, and has published Guidelines for the Long-term Sustainability of Outer Space Activities. As these guidelines note, the proliferation of space debris is but one aspect affecting the long-term sustainability of space activities.

17. In October 2021, the United Nations General Assembly adopted The "Space2030" Agenda: Space as a Driver of Sustainable Development. The "Space2030" agenda includes four overarching objectives, one of which is focused on enhancing the safety and long-term sustainability of outer space activities while facilitating the development of the space industry. One of the means of ensuring the long-term sustainability of outer space is the "exchange of information on space objects and events, as well as the discussion on the prediction and prevention of potential collisions."

18. The Inter-Agency Space Debris Coordination Committee (IADC) is an international forum consisting of space agencies, authorized governmental agencies or inter-governmental entities for the coordination of activities related to the issues of human-made and natural debris in space. The primary purpose of the IADC is to exchange information on space debris research activities between members, to facilitate opportunities for cooperation in space debris research, to review the progress of ongoing cooperative activities and to identify debris mitigation options. The Inter-Agency Debris Committee (IADC) first published its Space Debris Mitigation Guidelines (the Guidelines) in 2002 and has since updated these Guidelines three times, with the most recent version published in 2021. The Guidelines is a technical document that addresses mission planning, design and operation (launch, mission and disposal) for spacecraft. The IADC operates by consensus and is not a regulatory body. Additionally, the IADC publishes statements on space-related issues, such as the IADC Statement on Large Constellations of Satellites in Low Earth Orbit.

19. The International Organization for Standardization (ISO) has also developed a set of guidelines concerning space debris, outlined in the ISO 24113: 2023 standard. This standard provides recommendations and best practices for space missions to mitigate the creation of space debris and minimize their impact on the space environment. ISO 24113 covers various key aspects related to space debris mitigation, including design considerations for spacecraft and launch vehicles, operational practices during the mission, post-mission disposal, risk management and mitigation, and record keeping. The guidelines aim to reduce the generation of debris during satellite launches, deployments, and operations, as well as at the end of a satellite's operational life.

20. The International Telecommunications Union (ITU) is a specialized agency of the United Nations responsible for managing the radio frequency spectrum and associated satellite orbits. The primary objective of the ITU Radio Regulations is the avoidance of harmful radio interference through managing the use of radio frequencies. While the ITU does not regulate physical objects such as satellites once they are in space, it has published Recommendation ITU-R S.1003-2, Environmental protection of the Geostationary-Satellite Orbit, which provides guidance about the disposal orbits for GSO satellites to ensure so that they do not block the radio frequency links of active satellites, through collisions or drifting, at end-of-life.

21. In 2023, the ITU-R adopted Resolution 74, titled Activities related to the sustainable use of radio-frequency spectrum and associated satellite-orbit resources used by space services, which focuses on continuing activities, including those on interference assessment and mitigation techniques among NGSO systems, in support of long-term sustainability. The Resolution also invites the ITU-R to develop and approve a handbook on best practices for the sustainable use of frequencies and associated NGSO orbits by space radiocommunication services and to conduct studies towards the development of a new recommendation providing guidance on safe and efficient deorbit and/or disposal strategies and methodologies for NGSO space stations involved in radiocommunication services after the end of their life, focusing on the radio-frequency spectrum and associated satellite-orbit resources used by space services. The work on this handbook began in May 2024.

22. ESA recently released its ESA - The Zero Debris Charter approach, for which the goal is to "significantly limit the production of debris in Earth and Lunar orbits by 2030 for all of its future missions, programmes and activities." The document contains eight recommendations that focus on areas such as reducing the time an object is in orbit to below five years from the current 25 years; ensuring the safe disposal of space objects through atmospheric re-entry or re-orbiting to a safe altitude; and protecting LEO to ensure its long-term sustainability. ESA recommends that Zero Debris recommendations be formulated and applied beyond low-Earth orbit and the Geostationary orbit.

23. The Federal Communications Commission (FCC) has consulted on mitigating space debris over the past number of years and published decisions in 2020, 2022 and 2024. Its rules aim to mitigate the growth of space debris without creating undue regulatory obstacles for new satellite ventures.

24. The Report and Orders cover a broad range of issues related to collisions with large and small objects, disclosure of planned orbits, maximum orbital variance and selection, protection of inhabitable spacecraft, maneuverability and disposal reliability metrics both for single satellites and large constellations. These decisions also address issues related to satellite tracking ability and data sharing and the creation of debris during operation and post-mission disposal.

25. As the FCC determined that it is not sustainable to leave satellites in LEO to de-orbit over decades, it adopted a rule requiring all NGSO satellite operators in LEO to deorbit their satellites within five years of end of operation, to minimise the risk of collisions that would create debris. This five-year de-orbit rule applies to both U.S. licensed spacecraft and non-U.S. spacecraft that seek market access in the U.S.

26. Currently, ISED addresses space debris through licence application requirements and conditions of licence.

27. For all Canadian-licensed satellites (both GSO and NGSO), a plan must be submitted to ISED at the time of spectrum licence application. This plan must describe, in operational detail, how the satellite(s) will be de-orbited, and outline other measures to mitigate the creation of space debris. These requirements are defined in Client Procedures Circular CPC-2-6-02, Procedure for the Submission of Applications for Spectrum Licences for Space Stations.

28. Once a licence is issued, conditions are applied in accordance with CPC 2-6-02. For GSO satellites, licensees remove a satellite at the end of its life from the GSO region in a manner consistent with Recommendation ITU–RS.1003-2, Environmental Protection of the Geostationary Satellite Orbit. The licensee must also notify the Department of the removal and provide the information requested in CPC-2-6-02. For NGSO satellites, ISED currently requires licensees to implement space debris mitigation measures in accordance with the guidelines established by the IADC, including de-orbiting satellites within 25 years of end of operational life.

29. Although not within the scope of this consultation, ISED notes that the Canadian Remote Sensing Space Systems Act (RSSSA), which governs the activities of any remote sensing space system operating from Canada or by Canadians worldwide, also requires a system disposal plan for a Remote Sensing Satellite Licence to be issued.

30. As mentioned in section 6, ISED requires licensees of NGSO satellites to submit a space debris mitigation plan that is consistent with the guidelines issued by the IADC, including the requirement for the satellite(s) to de-orbit within 25 years of end of operational life. However, ISED's current procedures do not define metrics or detailed measures that should be included in the space debris plan, with the exception of the de-orbit timeline. Similarly, the related condition of licence is worded in general terms.

31. In order to reflect the changing NGSO environment and evolving practices, ISED is proposing updates to existing requirements, including adding specific requirements in the areas of reducing the probability of accidental collisions and conducting timely post-mission disposal.

32. ISED is also proposing new measures concerning propulsion systems as a means of protecting the International Space Station (ISS) and other crewed missions from space debris, and on the disposal of satellites in MEO and HEO orbits. Unless otherwise noted, proposals apply to all types of NGSO systems (LEO, MEO, and HEO).

7.1 Reducing the probability of accidental collisions

33. ISED is proposing requirements in four key areas for limiting the risk of accidental collisions: knowledge of planned orbits; space situational awareness; an assessment of the possibility of collisions with objects, both large and small; and manoeuvrability. Specific wording for proposed conditions of licence is included in Annex A.

7.1.1 Knowledge of planned orbits

34. Knowing the planned orbits of satellites allows satellite operators to coordinate manoeuvres, avoid close approaches between satellites, thereby preventing unintentional collisions, and minimizing the risk of debris. It also allows for better environmental modeling of specific orbits and coordination among the growing number of space actors, especially in certain congested low-Earth orbits.

35. In addition to information already required about orbital parameters, ISED proposes to require licence applicants to provide a detailed assessment of the environment in terms of the number of planned and operating satellites at or within + / - 100 km of any of their orbits. The assessment should include any collision risks; measures taken to coordinate with other systems; any other measures that could be implemented to avoid collisions; and the impact to other operating systems in adjacent orbits. This would further reduce the risk of collisions between satellites and help with the planning of future systems. This analysis would allow the Department to determine whether the applicant has adequately considered all of the risks associated with the requested orbit, including those posed by its own satellites.

36. ISED's spectrum licences are defined, in part, by the orbital location of the satellite(s), with operations limited to those authorized parameters. Consequently, current licensing procedures require that a licence amendment application be submitted for Departmental approval before the satellite or system can operate at different orbital parameters from those described and filed with the ITU at the time of licence application and issuance.

37. ISED requires that, with the exception of temporary collision avoidance manoeuvres, any variance from authorized and filed orbital parameters must be reported immediately in writing to the Department. ISED will make a determination, on a case-by-case basis, as to whether a licence amendment application is required and/or whether the associated ITU filing must be modified, taking into account RESOLUTION 8 (WRC-23) Tolerances for certain orbital characteristics of space stations deployed as part of non-geostationary-satellite orbit systems in the fixed satellite, broadcasting-satellite or mobile-satellite service".

7.1.2 Space situational awareness

38. Having up-to-date information on the space environment is key for operators, who need to constantly monitor debris and satellite movements, assess risks, and take preventive action to avoid collisions with other satellites and space debris. Space situational awareness (SSA), which can be defined as "the knowledge, characterization, and practice of tracking space objects and their operational environment," generally relies on various methods to track objects in space, including ground-based radars, telescopes, and, in some cases, space-based sensors. These methods generate data on the space environment, which in turn allow for the generation of notifications. Satellite operators rely on these notifications to prevent collisions and potential close conjunctions with other objects in orbit.

39. Several private and public organisations undertake SSA activities. Notable examples include the U.S. Department of Defense's TraCSS system, which provides satellite operators with conjunction alerts, the European Space Agency's Space Debris Office, the European Unions' Space Surveillance and Tracking program, and commercial providers such as LeoLabs and the Aerospace Corporation, among others.

40. In Canada, the Canadian Space Agency has developed a service called Conjunction Risk Assessment and Mitigation System (CRAMS) to help manage space debris by assessing collision risks with other objects and computing avoidance manoeuvres when appropriate. The data provided by CRAMS allows satellite operators to quickly react to possible danger. The use of this service is voluntary.

41. Given the increasing congestion in earth's orbits and the number of new operators launching satellites in LEO, ISED is of the view that it is vital for these operators to be aware of the environment in which they operate and to be able to respond to notifications of possible conjunction events. ISED is proposing a condition of licence to require the licensee to register with, and use, an SSA service, to receive SSA alerts during the life of its satellite(s).

7.1.3 Possibility of collisions with large and small objects

42. Regarding collision prevention with space debris, the IADC guidelines focus on estimating and minimizing the probability of accidental collisions with known objects during the spacecraft or orbital stage's orbital lifetime, as well as limiting the probability of collision with small debris, which could prevent post-mission disposal. The Inter-Agency Debris Committee (IADC) does not provide a definition for small debris.

43. The National Aeronautics and Space Administration (NASA) defines large objects as those with a size greater than 10 cm in size, while objects smaller than 10 cm are categorized as small debris. NASA also defines metrics that address the overall collision risk of a satellite during its total orbital lifetime.

44. The FCC adopted NASA's definitions and metrics, requiring applicants to state whether the probability that their spacecraft will collide with a large or small object during the orbital lifetime of the spacecraft will be less than 0.001 (1 in 1000 or 0.1%) and 0.01 (1 in 100 or 1%) respectively.

45. Canadian licensees are currently required to detail their efforts to reduce the probabilities of accidental collisions, as per the IADC Guidelines. ISED is proposing to require that specific information be submitted on the probability of collisions with large or small objects during the lifetime of the spacecraft, as part of the space debris mitigation plan at the time of licence application. ISED further proposes to adopt the same probability as the FCC, as stated in paragraph 44.

7.1.4 Manoeuvrability

46. The Inter-Agency Debris Committee (IADC) guidelines on manoeuvrability note that a critical element in the prevention of accidental collisions is the ability to implement avoidance manoeuvres for spacecraft during all operational phases. Orbital manoeuvrability refers to a deliberate change in the trajectory of a satellite in order to avoid a collision and can be achieved using propulsion technologies, which NASA has generally categorized as: chemical, electric, or propellant-less (e.g. solar sails, tethers, electric sails, and aerodynamic drag devices).

47. The European Space Agency (ESA) highlights that one of the most effective short-term means of reducing the space debris growth rate is the prevention of collisions via avoidance manoeuvres while objects are still active. In the U.S., the FCC requires applicants to disclose the extent of manoeuvrability of the planned space stations. This may include details on the expected number of collision avoidance manoeuvres the satellites could be expected to make, and/or any other means the satellites may have to avoid conjunction events, including the period both during the satellite's operational lifetime and during the remainder of its time in space prior to disposal.

48. ISED is proposing that applicants provide details on the number of expected collision avoidance manoeuvres and/or any other means that satellites may have to avoid conjunction events, over the course of their operational lifetime and de-orbit phases. ISED also proposes that applicants describe the process by which they will assess conjunctions and execute the required avoidance measures.

7.2 Post-mission disposal

49. Post-mission disposal is an essential element of mitigating the increase in space debris. Spacecraft that are unable to complete post-mission disposal in a timely fashion will contribute to increased congestion in the space environment over the long-term. The European Space Agency (ESA) has noted that satellites that remain in their operational orbit at the end of their mission are at risk of fragmenting into dangerous clouds of debris that linger in orbit for many years. Requiring satellites to de-orbit more quickly, especially those in congested altitudes, would contribute to mitigating the growth of debris.

50. The Inter-Agency Debris Committee (IADC) guidelines recommend that spacecraft or orbital stages that are terminating their operational phases in orbits that pass through the LEO region, or have the potential to interfere with the LEO region, should be deorbited (direct re-entry is preferred) or where appropriate, manoeuvred into an orbit within 25 years of the end of its operational life with a probability of success of the disposal of at least 90%. For large constellations, the IADC considers that a probability of successful disposal should be significantly above 90%, while de-orbit should occur well before 25 years.

51. Most of the proposals in this consultation apply to all NGSO systems, regardless of orbit type or altitude. However, ISED recognizes that LEO, MEO and HEO, are qualitatively different, not only in altitude but also in the operation of satellites in those orbits, the number of satellites being launched and de-orbited, etc. For example, space debris objects in MEO do not experience a natural sink mechanism such as atmospheric drag. As such, any discussions on the timeframe for the disposal of objects must consider these factors.

7.2.1 Post-mission disposal in LEO

52. Regarding post-mission disposal in LEO, as previously noted, the FCC's recent changes require NGSO LEO applicants to provide a demonstration that the probability of successful post-mission disposal is 90% or greater for an individual space station and 99% or better for large systems consisting of multiple space stations. The FCC defines successful post-mission disposal for space stations ending their missions or passing through the low-earth orbit region as a re-entry into the Earth's atmosphere in 5 years or less following completion of the spacecraft mission.

53. Currently, ISED requires all NGSO licensees to de-orbit their satellite(s) within 25 years of end of operational life. However, ISED believes that a 25-year period for the disposal of satellites in LEO at the end of their missions is no longer appropriate or sustainable.

54. ISED recognizes that most, if not all, of the satellite operators planning or operating large constellations have extensive space debris plans that include timely de-orbiting for their satellites, both as sound stewards of the resource as well as to protect their investments. Nevertheless, it is essential for ISED's effective management of spectrum that a consistent, and updated, regulatory requirement be placed on all constellations operating in LEO.

55. ISED is therefore proposing that NGSO licensees in LEO be required to de-orbit their satellite as soon as practicable, but no later than five years following the end of operational life of the satellite. ISED considers the end of operational life of a satellite as the date of completion of its primary function, such as handling client traffic, or providing telecommunication services.

56. ISED further proposes that the five-year de-orbit requirement be supported by a reliability metric for successful post-mission disposal of a minimum of 90% for an individual spacecraft and 99% for each spacecraft that is part of a constellation. ISED considers a constellation as two or more satellites in the same mission. ISED is of the view that together, these measures would significantly mitigate the increase in long-term debris generation.

7.2.2 Post-mission disposal in MEO and HEO

57. Given the different characteristics of MEO and HEO, ISED is not proposing to apply the five-year de-orbit requirement to systems operating in MEO and HEO. Current IADC guidelines for post-mission disposal states that spacecraft or orbital stages that are terminating their operational phases in other orbital regions should be manoeuvred to reduce their orbital lifetime, commensurate with LEO lifetime limitations, or relocated if they cause interference with highly utilised orbit regions. The Inter-Agency Debris Committee (IADC) has identified four main disposal strategies for satellites in MEO and is conducting studies to quantify the risks and benefits of each of these strategies. These strategies are: passivation in the operational orbit; manoeuvre to stable / minimum eccentricity growth disposal orbit; manoeuvre to unstable / maximum eccentricity growth for long-term re-entry; and directed de-orbit.

58. The Federal Communications Commission (FCC) assesses the disposal of spacecraft operating in MEO and HEO on a case-by-case basis. Applicants for such spacecraft should identify the planned method of disposal and explain their rationale and plans with consideration given to limiting collision risk, limiting time spent by the spacecraft in certain zones and other issues described in the U.S Government Orbital Debris Mitigation Standard Practices (ODMSP). The Federal Communications Commission (FCC) further suggests that the removal of satellites from orbit using eccentricity growth reduces the risk of debris generation over the long-term and suggests this strategy should be seriously considered by mission designers.

59. ISED is not currently proposing to change the existing NGSO de-orbit requirement for MEO and HEO satellites. ISED is seeking views on what would be appropriate post-mission disposal approaches and required probabilities of success for satellites operating in MEO and HEO, as well as challenges posed by those approaches.

7.3 Protecting the ISS and other crewed missions

60. The increasing amount of space debris poses a threat to the International Space Station (ISS) and other spacecraft with humans aboard. According to NASA, as of 2024 the ISS has conducted 38 debris avoidance manoeuvres since 1999. In 2023 alone, the ISS performed five such manoeuvres. In 2021, a piece of space debris damaged the ISS's robotic Canadarm2, and every-day operations of the ISS could be disrupted or constrained by collision avoidance manoeuvres that would need to be performed to avoid satellites transiting through its orbit.

61. The Inter-Agency Debris Committee (IADC) does not have guidelines with respect to the protection of human spaceflight or crewed missions, nor does it have guidelines on how space stations should minimize disruptions to, and reduce constraints on, crewed spacecrafts. Moreover, the IADC does not require satellites orbiting above the ISS to have propulsion.

62. Propulsion, with redundancy, is key to station keeping and collision avoidance with other satellites. Different types of systems and technologies are designed for different types of functions and mission requirements. For example, chemical propulsion systems may be used when high thrust or rapid manoeuvres are required. Chemical systems rely on the combustion of propellants to generate significant force over a short period. However, their fuel consumption is high, which may limit their utility in long-duration missions. On the other hand, electric propulsion systems, such as ion or hall-effect thrusters, are designed for gradual but highly efficient orbital adjustments over extended periods. Electric propulsion uses electrical energy to ionize and accelerate a propellant, generating thrust. Although the thrust is comparatively lower than that of chemical propulsion, these systems consume much less fuel, making them ideal for long-term missions, deep space exploration, and sustained station-keeping.

63. In addition to chemical and electric propulsion systems, sails could also be used as a propulsion method. However, sail-based propulsion, such as drag sails, solar sails, or electric sails, are generally slow. These systems rely on the continuous but gentle force of solar radiation or solar wind to generate thrust, making them suitable for long-duration missions where gradual acceleration is acceptable. While they do not require fuel, the time needed to achieve significant speeds makes them less practical for rapid manoeuvres or short-term missions.

64. While it is possible to manoeuvre a satellite without propulsion, such as changing the orientation of the satellite to increase drag and slow the satellite, these methods are less precise and responsive.

65. The Federal Communications Commission (FCC) requires satellites orbiting above 400 km, which is the average altitude of the ISS, to incorporate manoeuvrability or propulsion capabilities while the World Economic Forum and ESA recommend that satellites be manoeuvrable, with onboard propulsion if possible, when operating at altitudes above 375 kilometers.

66. Protecting the astronauts on the ISS and other crewed stations must be the top priority of spacefaring countries. Satellites that operate close to the ISS and those that transit through the ISS orbit (either to reach their final orbit or to de-orbit) can pose threats not only to the astronauts but to the operations of the research laboratory itself. Satellite operators must therefore take care to minimise operational constraints on the ISS or other inhabitable spacecraft.

67. ISED proposes that operators provide detailed information on their strategies and efforts to avoid collision with such spacecraft, including whether their satellites incorporate active collision avoidance measures.

68. ISED is aware that incorporating a propulsion system could add cost and complexity to some small satellite designs and may be prohibitive for some operators such as academic missions. ISED is also aware that, according to the ESA Space Environment Report 2024, propulsion-related fragmentation events currently account for around 25% of all fragmentation incidents. It is therefore important to find a balance between the need for active collision avoidance and the risks posed by propulsion systems themselves. Effective risk management, including minimising the likelihood of propulsion failures, is crucial, as they have a significant impact on the long-term sustainability of the debris environment in space.

69. ISED believes that the benefits of these missions need to be balanced against the risks posed by propulsion-less satellites moving in a crowded LEO, especially above the ISS. Additionally, requiring satellites to have propulsion for orbiting and de-orbiting would support long-term space sustainability by reducing the chances of collisions and debris in LEO.

70. ISED also proposes to mandate active propulsion, with redundancy, for all spacecraft operating at and above 400 km, which is the average altitude at which the ISS operates, as doing so would help to reduce the number of collision avoidance manoeuvres that it would need to undertake.

71. ISED has authorized over 100 foreign-licensed satellites to provide services in Canada, with many others authorized to communicate only with specific earth stations for downloading data or for telemetry, telecommand and control. ISED's requirements for foreign-licensed satellites to operate in Canada are outlined in Client Procedures Circular CPC-2-6-04, Procedure for the Submission of Applications to Approve the Use of Foreign-Licensed Satellites in Canada. Applications for a foreign satellite approval (FSA) can only be submitted once the satellite frequencies have been licensed to the operator by its "home" administration (the administration under which it holds its ITU filing and is authorized). In most cases, the satellites have already been launched and are operational before approval is requested to operate in Canada.

72. The FSA process is distinct from the process by which ISED grants satellite licences to Canadian satellite operators. Foreign-licensed operators are already subject to the regulatory frameworks in their home licensing administrations, and it is those administrations that are responsible for the satellite(s) under international regulatory frameworks. Consequently, ISED's requirements for foreign satellites are largely focussed on general compliance with ITU filing and coordination requirements, and with Canadian spectrum policies and technical rules.

73. Although discussions on space sustainability are ongoing at both UNCOPUOS and the ITU-R, there is currently no international regulatory standard or recommendation related to the environmental protection of NGSO, as there is for GSO with Recommendation ITU-R S.1003-2, Environmental protection of the Geostationary-Satellite Orbit. Space debris mitigation requirements therefore vary widely between countries.

74. ISED is not currently proposing to require applicants for FSAs to submit a space debris mitigation plan as part of the FSA process. However, given the importance of space sustainability and the exponential increase in the number of satellites in orbit, ISED is proposing to require, as part of the application process, that applicants for NGSO FSAs attest that they have a space debris mitigation plan in place for the constellation, and that they indicate whether that plan was required by the applicant's licensing/filing administration. ISED further proposes to reserve the right to require submission of the plan on a case-by-case basis for information, at its discretion.

75. While not part of the FSA assessment process, ISED will review the information received from applicants regarding this requirement and will continue to engage in international discussions on space sustainability at the ITU-R. Based on these developments, ISED may consider imposing specific space debris mitigation requirements in the future for FSAs.

76. To ensure a smooth and timely transition and to allow satellite stakeholders sufficient time for adjustments, ISED proposes implementing the new rules as outlined below.

77. ISED proposes that the updated spectrum licence application requirements for new licence applications for space stations be effective as of the date of the publication of the decision resulting from this consultation.

78. ISED proposes to apply the updated conditions of licence to all existing and new NGSO space station spectrum licences, effective on the date the decision is published.

79. ISED proposes that for existing licences, the updated conditions of licence would only apply to satellites launched two years after the publication of the decision. ISED further proposes that existing licences include licences issued up to 126 days after the decision is published in order to account for ISEDs service standard to assess applications.

80. This approach is intended to allow the rules to be implemented in a timely manner and allow satellite operators to adequately prepare for the changes, particularly for existing licensees whose satellite design are finalized and/or satellites are under construction.

81. Respondents are requested to provide their comments in electronic format (Microsoft Word or Adobe PDF), along with a note specifying the software, version number and operating system used, by email to spectrumengineering-genieduspectre@ised-isde.gc.ca

82. In addition, respondents are asked to specify the paragraph or proposal number for ease of referencing and to provide a supporting rationale for each response.

83. Paper submissions should be mailed to the following address:

Innovation, Science and Economic Development Canada
Engineering, Planning and Standards Branch
Senior Director, Space Services and International
235 Queen Street (6th Floor, East Tower)
Ottawa ON  K1A OH5

84. All submissions should cite the Canada Gazette, Part I, the publication date, the title, and the notice reference number (SMSE-013-24). Parties should submit their comments no later than February 26^th, 2025, to ensure consideration. Soon after the close of the comment period, all comments received will be posted on ISED's Spectrum Management and Telecommunications website.

85. ISED will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until April 7^th, 2025.

86. Following the initial comment period, ISED may, at its discretion, request additional information if needed to clarify significant positions or new proposals. In such a case, the reply comment deadline may be extended.

87. All ISED publications related to spectrum management and telecommunications are available on the Spectrum Management and Telecommunications website.

88. For further information concerning the process outlined in this consultation or related matters, contact:

Innovation, Science and Economic Development Canada
Senior Director, Space Services and International
Engineering, Planning and Standards Branch
235 Queen Street (6th Floor, East Tower)
Ottawa ON  K1A OH5

Email: spectrumengineering-genieduspectre@ised-isde.gc.ca

1. The proposed conditions of licence for spectrum licences for NGSO space stations are listed below.

A1. Space debris mitigation (modified)

2. Licensees of NGSO satellites must implement space debris mitigation measures according to the post-mission disposal plan submitted with their spectrum licence application.

3. NGSO satellites in LEO must undergo controlled re-entry as soon as practicable and no later than five years after the end of operational life with a success rate greater than 90% for individual satellites and over 99% for each satellite that is part of a constellation (defined as systems with 2 or more satellites).

4. If the licence for the NGSO satellites in LEO was issued before [date of decision + 126 days], for new satellites launched two years or more after the decision date [date of decision], the licensee must comply with all requirements outlined in Condition 3.

5. Licensees of NGSO satellites in MEO and HEO must implement space debris mitigation measures following the guidelines established by the Inter-Agency Space Debris Coordination Committee. The licensee must also include the requirement for the satellite(s) to de-orbit within 25 years of end of operational life.

6. For all NGSO satellites, the licensee must notify ISED once its removal from orbit is complete and provide the information requested in CPC-2-6-02.

A2. Space situational awareness (new)

7. The licensee must register its satellite(s) with a space situational awareness organization to receive conjunction alerts throughout the operational life of the satellite(s) and during the active de-orbit period.

A3. Propulsion requirement (new)

8. Licensees operating systems above altitudes of 400 km must have, and maintain, an active propulsion system, with redundancy, for station-keeping and collision avoidance maneuvers.