Lunar Gateway implementing legislation in force

Summary#

This is an order that sets October 26, 2022 as the day a piece of the Budget Implementation Act, 2022, No. 1 (Division 18 of Part 5) comes into force. In practice, that brings into force laws needed for Canada to meet its commitments under the Canada–U.S. memorandum of understanding on the Lunar Gateway space project.

What it does#

• Brings Division 18 of Part 5 of the Budget Implementation Act, 2022, No. 1 into force on October 26, 2022.
• Activates the Civil Lunar Gateway Agreement Implementation Act, which is meant to protect confidential information shared under the Lunar Gateway agreement.
• Amends the Criminal Code so certain criminal law provisions can apply to crew members while carrying out activities related to the Lunar Gateway.
• Amends the Government Employees Compensation Act to put in place the cross‑waiver of liability agreed to in the treaty (this is like the arrangement used for the International Space Station).
• Once this implementing legislation is in force and the treaty is ratified, Canada and the United States will exchange diplomatic notes to bring the international agreement fully into force.

Who's affected#

• The Canadian Space Agency and the Canadian space industry firms that will design and build equipment such as Canadarm3.
• Canadian astronauts and other Canadians who may work on or travel to the Lunar Gateway.
• Organizations or individuals who will receive confidential technical or program information under the Lunar Gateway agreement.
• Courts and law enforcement in cases involving crew members on the Lunar Gateway, because of the changes to the Criminal Code.
• The general public indirectly, through expected economic effects (see next section).

Why it matters#

• It legally enables Canada to participate in the Lunar Gateway partnership with the Government of the United States of America, including providing the robotic system Canadarm3 and securing two astronaut flights (including on Artemis II).
• The government says Canada's participation was funded through Budget 2019 at $1.9 billion, and is expected to add about $71 million a year to Canada’s GDP and support about 630 jobs over a 12‑year period.
• The measures protect shared confidential information and sort out liability and legal jurisdiction issues so Canadian personnel and companies can work on the project.
• If you work in Canada’s space sector, in related science or engineering fields, or follow Canada–U.S. space cooperation, this change removes a legal barrier to active Canadian involvement in the Lunar Gateway.