Technical Data Control Regulations

The Technical Data Control Regulations are a set of regulations that govern the control of unclassified technical data disclosing critical technology in Canada. These Regulations were made under section 26 of the Defence Production Act and came into force on March 20, 1986. The Regulations aim to protect national security interests by controlling access to technical data that could be used to harm Canada's defence capabilities.

The Regulations define "critical technology" as technology that consists of design or manufacturing know-how, keystone manufacturing inspection and test equipment, keystone materials, or goods accompanied by sophisticated know-how. These technologies are considered critical because they could provide a significant military advantage to one or more countries if disclosed without proper control.

The Regulations apply to unclassified technical data that is administered and controlled by a Canadian government agency. The regulations also cover other legitimate business activities such as providing equipment or technology to foreign governments, bidding on sales of surplus government property, selling products for the commercial marketplace, engaging in scientific research, or acting as a subcontractor to a concern engaged in any activity described above.

The Regulations establish a certification process for Canadian contractors who wish to access unclassified technical data. Contractors must apply for certification through the Joint Certification Office and provide information about their business activities, export control obligations, and other relevant factors.

The Regulations also outline procedures for suspending or revoking a contractor's eligibility to obtain unclassified technical data if they contravene any provision of the Regulations or export control laws of Canada. Contractors who have their certification revoked may submit new information to support their case, and the Minister shall reconsider the revocation in light of the new information.

The Regulations require Canadian government agencies to authorize release of unclassified technical data to certified contractors unless certain conditions are met, such as if the data could jeopardize a technological or operational military advantage of Canada.