Order Fixing October 26, 2022 as the Day on Which Division 18 of Part 5 of the Budget Implementation Act, 2022, No. 1 Comes into Force: SI/2022-51
Canada Gazette, Part II, Volume 156, Number 22
SI/2022-51 October 26, 2022
BUDGET IMPLEMENTATION ACT, 2022, NO. 1
Order Fixing October 26, 2022 as the Day on Which Division 18 of Part 5 of the Budget Implementation Act, 2022, No. 1 Comes into Force
P.C. 2022-1060 October 7, 2022
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, under section 298 of the Budget Implementation Act, 2022, No. 1, chapter 10 of the Statutes of Canada, 2022, fixes October 26, 2022 as the day on which Division 18 of Part 5 of that Act comes into force.
(This note is not part of the Order.)
An order to bring into force Part 5, Division 18, of the Budget Implementation Act, 2022, No. 1, on October 26, 2022.
The objective of this Order is to bring implementing legislation into force to enable Canada to fulfill its legal obligations under 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 (the Lunar Gateway treaty).
In December 2020, Canada signed a treaty-level memorandum of understanding (MOU) with the United States (U.S.) to enable Canada’s participation in the Lunar Gateway — a small space station that will orbit the Moon. Canada’s contribution to this partnership includes Canadarm3, a cutting-edge smart robotic system.
The Lunar Gateway represents the next phase of space exploration and the treaty secures a number of benefits for Canadians, including the ability to advance innovative technology and conduct pioneering science. This treaty also provides two human space flights to the Moon for Canadian astronauts, including a historic mission with the U.S. on Artemis II — the first human mission to the Moon since 1972.
Implementing legislation is required for Canada to fulfill its legal obligations under the Lunar Gateway treaty. Division 18 of Part 5 of the Budget Implementation Act, 2022, No. 1 established the Civil Lunar Gateway Agreement Implementation Act to protect confidential information shared under the treaty. This division also amended the Criminal Code to extend its application to crew members conducting activities related to the Lunar Gateway. Lastly, the Government Employees Compensation Act was also amended to implement the cross-waiver of liability contained within the treaty. This is similar to the legislation put in place to enable Canada’s participation in the International Space Station partnership.
The Budget Implementation Act, 2022, No. 1 received royal assent on June 23, 2022. Division 18 of Part 5 will come into force on a day to be fixed by order of the Governor in Council.
Once the implementing legislation is in force, and the treaty is ratified, steps will be taken to exchange diplomatic notes to bring the treaty fully into force.
The following implications were taken into consideration to develop this Order.
Canada’s participation in the Lunar Gateway was funded through Budget 2019 ($1.9 billion). The current Order relates to the implementing legislation, which has no financial implications.
Canada’s participation in the Lunar Gateway will contribute an estimated $71 million annually to Canada’s gross domestic product (GDP), and create and maintain some 630 high-quality jobs for Canadians over a 12-year period.
Participation in the Lunar Gateway aligns with the Government’s objective of strengthening Canada’s relationship with the U.S. and provides an ongoing positive outlet for Canada–U.S. relations. Specifically, it delivers on the Prime Minister’s February 2019 commitment, further elaborated in the 2019 Space Strategy, for Canada to join the Lunar Gateway program.
In 2017, the Space Advisory Board, comprised of industry, academic, research and non-for-profit experts, was mandated by the Minister of Innovation, Science and Economic Development to conduct roundtable consultations across Canada. As part of its findings, the Board highlighted the need to grow the Canadian space industry by fostering international cooperation and partnerships that support the development and growth of domestic capacity in space technology, enhance Canadian science, and further Canadian foreign policy objectives. The Lunar Gateway treaty aligns with these objectives.
Senior Policy Analyst
Canadian Space Agency