Radiocommunication Act

This Act may be cited as the Radiocommunication Act.

In this Act,

broadcasting means any radiocommunication in which the transmissions are intended for direct reception by the general public; (radiodiffusion)

broadcasting certificate means a certificate issued by the Minister under subparagraph 5(1)(a)(ii); (certificat de radiodiffusion)

broadcasting undertaking includes any distribution undertaking, programming undertaking and network operation to which the Broadcasting Act applies; (entreprise de radiodiffusion)

distribution undertaking has the same meaning as in the Broadcasting Act; (entreprise de distribution)

encrypted means treated electronically or otherwise for the purpose of preventing intelligible reception; (encodage)

harmful interference means an adverse effect of electromagnetic energy from any emission, radiation or induction that

endangers the use or functioning of a safety-related radiocommunication system, or

significantly degrades or obstructs, or repeatedly interrupts, the use or functioning of radio apparatus or radio-sensitive equipment; (brouillage préjudiciable)

interference-causing equipment means any device, machinery or equipment, other than radio apparatus, that causes or is capable of causing interference to radiocommunication; (matériel brouilleur)

jammer means any device or combination of devices that transmits, emits or radiates electromagnetic energy and that is designed to cause, causes or is capable of causing interference or obstruction to radiocommunication, other than a device or combination of devices for which standards have been established under paragraph 5(1)(d) or 6(1)(a) or for which a radio authorization has been issued. (brouilleur)

lawful distributor, in relation to an encrypted subscription programming signal or encrypted network feed, means a person who has the lawful right in Canada to transmit it and authorize its decoding; (distributeur légitime)

Minister means the Minister of Industry; (ministre)

network has the same meaning as in the Broadcasting Act; (réseau)

network feed means any radiocommunication that is transmitted

by a network operation to its affiliates,

to a network operation for retransmission by it to its affiliates, or

by a lawful distributor to a programming undertaking; (alimentation réseau)

operator[Repealed, 1989, c. 17, s. 3]

prescribed means prescribed by regulations; (Version anglaise seulement)

programming undertaking has the same meaning as in the Broadcasting Act; (entreprise de programmation)

public includes persons who occupy apartments, hotel rooms or dwelling units situated in multi-unit buildings; (public)

public switched telephone network means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation; (réseau téléphonique public commuté)

radio apparatus means a device or combination of devices intended for, or capable of being used for, radiocommunication; (appareil radio)

radio authorization means a licence, certificate or authorization issued by the Minister under paragraph 5(1)(a); (autorisation de radiocommunication)

radio-based telephone communication means any radiocommunication that is made over apparatus that is used primarily for connection to a public switched telephone network; (communication radiotéléphonique)

radiocommunication or radio means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by means of electromagnetic waves of frequencies lower than 3 000 GHz propagated in space without artificial guide; (radiocommunication ou radio)

radio licence means a licence issued by the Minister under subparagraph 5(1)(a)(i); (licence radio)

radio operator certificate means a certificate issued by the Minister under subparagraph 5(1)(a)(iii); (certificat d’opérateur radio)

radio-sensitive equipment means any device, machinery or equipment, other than radio apparatus, the use or functioning of which is or can be adversely affected by radiocommunication emissions; (matériel radiosensible)

radio station or station means a place in which radio apparatus is located; (station de radiocommunication ou station)

spectrum licence means a licence issued by the Minister under subparagraph 5(1)(a)(i.1); (licence de spectre)

subscription programming signal means radiocommunication that is intended for reception either directly or indirectly by the public in Canada or elsewhere on payment of a subscription fee or other charge; (signal d’abonnement)

technical acceptance certificate means a certificate issued by the Minister under subparagraph 5(1)(a)(iv). (certificat d’approbation technique)

telecommunication[Repealed, 1993, c. 38, s. 91]

Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer and on Her Majesty in right of a province.

The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in respect of a department or other body named in the order;

either absolute or qualified; and

of either general or specific application.

This Act applies within Canada and on board

any ship, vessel or aircraft that is

registered or licensed under an Act of Parliament, or

owned by, or under the direction or control of, Her Majesty in right of Canada or a province;

any spacecraft that is under the direction or control of

Her Majesty in right of Canada or a province,

a citizen or resident of Canada, or

a corporation incorporated or resident in Canada; and

any platform, rig, structure or formation that is affixed or attached to land situated in the continental shelf of Canada.

Any power, duty or function of the Minister under this Act or the regulations may be exercised or performed by any person authorized by the Minister to do so and, if so exercised or performed, shall be deemed to have been exercised or performed by the Minister.

No person shall, except under and in accordance with a radio authorization, install, operate or possess radio apparatus, other than

radio apparatus exempted by or under regulations made under paragraph 6(1)(m); or

radio apparatus that is capable only of the reception of broadcasting and that is not a distribution undertaking.

No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate.

No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment for which technical standards have been established under paragraph 6(1)(a), unless the apparatus or equipment complies with those standards.

No person shall install, use, possess, manufacture, import, distribute, lease, offer for sale or sell a jammer.

Subject to subsection 5.01(2), no person shall manufacture, import, distribute, lease, offer for sale, sell or possess any radio apparatus, or equipment or device, or component of any equipment or device, or any class of radio apparatus, or equipment or device, or component of any equipment or device, specified by the Minister under subsection 5.01(1).

Subject to any regulations made under section 6, the Minister may, taking into account all matters that the Minister considers relevant for ensuring the orderly establishment or modification of radio stations and the orderly development and efficient operation of radiocommunication in Canada,

issue and may fix the terms and conditions of any such licence, certificate or authorization including, in the case of a radio licence and a spectrum licence, terms and conditions as to the services that may be provided by the holder thereof;

radio licences in respect of radio apparatus,

spectrum licences in respect of the utilization of specified radio frequencies within a defined geographic area,

broadcasting certificates in respect of radio apparatus that form part of a broadcasting undertaking,

radio operator certificates,

technical acceptance certificates in respect of radio apparatus, interference-causing equipment and radio-sensitive equipment, and

any other authorization relating to radiocommunication that the Minister considers appropriate,

amend the terms and conditions of any licence, certificate or authorization issued under paragraph (a);

make available to the public any information set out in radio licences or broadcasting certificates;

establish technical requirements and technical standards in relation to or any class thereof;

radio apparatus,

interference-causing equipment, and

radio-sensitive equipment,

plan the allocation and use of the spectrum;

approve each site on which radio apparatus, including antenna systems, may be located, and approve the erection of all masts, towers and other antenna-supporting structures;

test radio apparatus for compliance with technical standards established under this Act;

require holders of, and applicants for, radio authorizations to disclose to the Minister such information as the Minister considers appropriate respecting the present and proposed use of the radio apparatus in question and the cost of installing or maintaining it;

require holders of radio authorizations to inform the Minister of any material changes in information disclosed pursuant to paragraph (h);

appoint inspectors for the purposes of this Act;

take such action as may be necessary to secure, by international regulation or otherwise, the rights of Her Majesty in right of Canada in telecommunication matters, and consult the Canadian Radio-television and Telecommunications Commission with respect to any matter that the Minister deems appropriate;

make determinations as to the existence of harmful interference and issue orders to persons in possession or control of radio apparatus, interference-causing equipment or radio-sensitive equipment that the Minister determines to be responsible for the harmful interference to cease or modify operation of the apparatus or equipment until such time as it can be operated without causing or being affected by harmful interference;

undertake, sponsor, promote or assist in research relating to radiocommunication, including the technical aspects of broadcasting; and

do any other thing necessary for the effective administration of this Act.

In exercising the powers conferred by subsection (1), the Minister may have regard to the objectives of the Canadian telecommunications policy set out in section 7 of the Telecommunications Act.

In exercising the power under paragraph (1)(a) to issue radio authorizations, the Minister may use a system of competitive bidding to select the persons to whom radio authorizations will be issued.

Where the Minister accepts a bid for a radio authorization under a system of competitive bidding, any moneys payable to Her Majesty pursuant to the bid are in lieu of any fees fixed under this or any other Act for the radio authorization.

The Minister may establish procedures, standards and conditions, including, without limiting the generality of the foregoing, bidding mechanisms, minimum bids, bidders’ qualifications, acceptance of bids, application fees for bidders, deposit requirements, withdrawal penalties and payment schedules, applicable in respect of a system of competitive bidding used under subsection (1.2) in selecting the person to whom a radio authorization will be issued.

Any person who is subject to the procedures, standards and conditions applicable in respect of a system of competitive bidding used under subsection (1.2) shall comply with all of them.

The Minister may suspend or revoke a radio authorization

with the consent of the holder thereof;

after giving written notice to the holder and giving the holder a reasonable opportunity to make representations to the Minister with respect thereto, where the Minister is satisfied that

the holder has contravened this Act, the regulations or the terms or conditions of the radio authorization, or

the radio authorization was obtained through misrepresentation; or

on giving written notice of suspension or revocation to the holder, without having to give the holder an opportunity to make representations to the Minister with respect thereto, where the holder has failed to comply with a request to pay fees or interest due under paragraph 6(1)(l).

For the purposes of subsection 4(5), the Minister may, by order, specify any radio apparatus, or equipment or device, or component of any equipment or device, or any class of radio apparatus, or equipment or device, or component of any equipment or device, that the Minister is of the opinion, having regard to the circumstances, is likely used, or intended to be used, to intercept and make use of, or to intercept and divulge, any radiocommunication for a purpose that the Minister specifies in the order.

For the purposes of subsection 4(5), the Minister may also, by order, exempt any person, or class of persons, in whole or in part, on the conditions that the Minister may specify, from the application of that subsection.

An order made under subsection 5.01(1) or (2) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

The Minister shall ensure that any document that is incorporated by reference in the order is accessible.

A person is not liable to be found guilty of an offence or subjected to an administrative monetary penalty for any contravention in respect of which a document that is incorporated by reference in the order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

For greater certainty, a document that is incorporated by reference in the order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

For greater certainty, the express power in this section to incorporate a document by reference does not limit the power that otherwise exists to incorporate a document by reference in a regulation made under this Act.

Information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister to a federal department, a provincial or municipal government in Canada, or an agency of that federal, provincial or municipal government, to the extent that the disclosure is necessary for the administration of this Act.

The information may also be disclosed by the Minister under an agreement, a memorandum of understanding or an arrangement in writing between the Government of Canada and the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of that government or organization, if the Minister believes that the information may be relevant to an investigation or proceeding in respect of a contravention under this Act or of the laws of that foreign state that address conduct that is substantially similar to conduct that would be in contravention of this Act.

The agreement, memorandum of understanding or arrangement must

restrict the use of the information to purposes relevant to an investigation or proceeding in respect of a contravention of the laws of the foreign state that address conduct referred to in subsection (2);

stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the person responsible for disclosing the information; and

only be in respect of contraventions of the laws of a foreign state that have consequences that would not be considered penal under Canadian law.

The Governor in Council may make regulations

respecting technical requirements and technical standards in relation to or any class thereof;

radio apparatus,

interference-causing equipment, and

radio-sensitive equipment,

prescribing the eligibility of persons to whom radio authorizations, or any class thereof, may be issued, including eligibility criteria based on

in the case of an individual, citizenship or permanent residence, or

in the case of a corporation, residence, ownership or control of the corporation, and the citizenship or permanent residence status of the directors and officers of the corporation;

prescribing the qualifications of persons to whom radio authorizations, or any class thereof, may be issued, including examinations to be administered;

prescribing the procedure governing the making of applications for radio authorizations, or any class thereof, including form and manner, and prescribing the processing and disposition of those applications and the issuing of radio authorizations by the Minister;

prescribing the terms and conditions of radio authorizations, including, in the case of a radio licence, terms and conditions as to the services that may be provided by the holder thereof;

prescribing conditions and restrictions applicable in respect of any prescribed radio service;

prescribing radio apparatus, interference-causing equipment and radio-sensitive equipment, or classes thereof, in respect of which a technical acceptance certificate is required;

respecting the inspection, testing and approval of radio apparatus, interference-causing equipment and radio-sensitive equipment in relation to technical acceptance certificates;

prohibiting or regulating, in relation to the manufacture, importation, installation, distribution, lease, offering for sale, sale or use of radio apparatus, interference-causing equipment and radio-sensitive equipment;

interference to radiocommunication, or

adverse effects of electromagnetic energy from any emission, radiation or induction,

prescribing the eligibility and qualifications of persons who may be appointed as inspectors, and the duties of inspectors;

for giving effect to international agreements, conventions or treaties respecting radiocommunication to which Canada is a party;

prescribing fees and respecting interest payable on unpaid fees so prescribed;

for radio authorizations, applications therefor and examinations or testing in relation thereto, and

for services provided by the Department of Communications relating to spectrum management,

prescribing radio apparatus, or any class thereof, that is exempt, either absolutely or subject to prescribed qualifications, from the application of subsection 4(1);

prohibiting or regulating the further telecommunication, other than by persons operating broadcasting undertakings, of radiocommunications;

for requiring, in a manner set out in the regulations, the reception or transmission of radiocommunication by any radio apparatus, or the exchange of radiocommunication by any radio apparatus with another radio apparatus;

prescribing the manner in which radiocommunication is carried on in relation to any class of radio apparatus or radio service;

prescribing the procedure to be followed with respect to the making of determinations under paragraph 5(1)(l), and prescribing the factors, including signal quality requirements, that the Minister shall take into account when making those determinations;

prescribing maximum fines or maximum terms of imprisonment, or both, not exceeding those set out in subsection 10(1), for contravening or failing to comply with a regulation;

prescribing anything that by this Act is to be prescribed; and

generally for carrying out the purposes and provisions of this Act.

A regulation made under subsection (1) incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time.

Her Majesty may assume and, for any length of time, retain possession of any radio station and all things necessary to the sufficient working of it and may, for the same time, require the exclusive service of the operators and other persons employed in working the station.

The person who owns or controls the station of which possession is assumed pursuant to subsection (1) shall give up possession of it and the operators and other persons employed as described in that subsection shall, during the time of possession thereunder, diligently and faithfully obey such orders, and transmit and receive such signals, calls and radiograms, as they are required to receive and transmit by any duly authorized officer of the Government of Canada.

Where the Minister and the person who owns or controls any radio station taken possession of by the Crown under this section cannot agree on the compensation to be paid by the Crown for the taking of possession, the Minister shall refer the matter to the Federal Court for adjudication and the Expropriation Act is, with such modifications as the circumstances require, applicable for the purpose of determining the amount of the compensation, if any, and the amount of any judgment on proceedings instituted under this subsection is payable out of the Consolidated Revenue Fund.

Notwithstanding subsection (3), any dispute as to the compensation to be paid for the taking of possession of a radio station on settlement land as defined in section 2 of the Yukon Surface Rights Board Act or on Tetlit Gwich’in Yukon land may be heard and determined only by the Yukon Surface Rights Board under and in accordance with that Act.

If the Yukon first nation concerned does not consent thereto, no interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be taken possession of under this section without the consent of the Governor in Council.

If the Gwich’in Tribal Council does not consent thereto, no interest in Tetlit Gwich’in Yukon land may be taken possession of under this section without the consent of the Governor in Council.

Where an interest in land referred to in subsection (5) or (6) is to be taken possession of without the consent of the Yukon first nation or Gwich’in Tribal Council, as the case may be,

a public hearing in respect of the location and extent of the land to be taken possession of or occupied shall be held in accordance with the following procedure:

notice of the time and place for the public hearing shall be given to the Yukon first nation or Gwich’in Tribal Council and the public,

at the time and place fixed for the public hearing, an opportunity shall be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard,

costs incurred by any party in relation to the hearing are in the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and

a report on the hearing shall be prepared and submitted to the Minister; and

notice of intention to obtain the consent of the Governor in Council shall be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report thereon to the Minister.

In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.

An inspector who is appointed under paragraph 5(1)(j) may, subject to subsection (2),

enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, and examine the document, information or thing or remove it for examination or reproduction;

make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;

reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

use any copying equipment or means of communication in the place.

An inspector shall be provided with a certificate of appointment which is to be presented at the request of any person appearing to be in charge of any place entered by the inspector.

Where a place referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except and, for the purposes of paragraph (b), exigent circumstances include circumstances in which the delay necessary to obtain a warrant would result in danger to human life or safety or the loss or destruction of evidence.

under the authority of a warrant issued under subsection (3), or

where, by reason of exigent circumstances, it would not be practical for the inspector to obtain a warrant

On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions spec­ified in the warrant, if the justice is satisfied by information on oath that

the dwelling-house is a place described in paragraph (1)(a);

entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act; and

entry has been refused by, or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

In executing a warrant issued under subsection (3), an inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

The owner or person in charge of a place entered by an inspector shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Act, and shall give the inspector any information that the inspector reasonably requests.

An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

Where an inspector is carrying out duties under this Act, no person shall

resist or wilfully obstruct the inspector; or

knowingly make a false or misleading statement, either orally or in writing, to the inspector.

An inspector may seize and detain any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer that they have reasonable grounds to believe is or was used to contravene any provision of this Act or the regulations or is related to the contravention of a provision of the Act or the regulations.

Any thing that is seized under subsection (1) is not to be detained

after the applicable provisions of this Act or the regulations have, in the opinion of an inspector, been complied with; or

after the expiry of 60 days after the day on which the thing is seized, unless before that time

the seized thing has been forfeited under section 8.3 or 13,

proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are concluded, or

notice of an application for an order extending the time during which the seized thing may be detained has been given in accordance with subsection 8.2(1).

Any thing seized under subsection (1) may, at the option of an inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by or at the direction of an inspector.

No person shall, without the permission of an inspector, remove, alter or interfere in any way with any thing seized under this section.

If proceedings have not been instituted, the Minister may, before the expiry of 60 days after the day on which the thing is seized and after giving notice to the owner of the seized thing or to the person in whose possession it was at the time of seizure, apply to any superior court of competent jurisdiction for an order extending the time during which the seized thing may be detained.

If, on the hearing of an application made under subsection (1), the court is satisfied that the thing seized should continue to be detained, the court shall order that it be detained for the additional period that the court considers appropriate and that, on the expiry of that period, it be restored to the person from whom it was seized or to any other person entitled to its possession unless before the expiry of that period, subparagraph 8.1(2)(b)(i) or (ii) applies.

The owner or the last person in lawful possession of any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer may, at any time, consent in writing to its forfeiture to Her Majesty.

No person shall

knowingly send, transmit or cause to be sent or transmitted any false or fraudulent distress signal, message, call or radiogram of any kind;

without lawful excuse, interfere with or obstruct any radiocommunication;

decode an encrypted subscription programming signal or encrypted network feed otherwise than under and in accordance with an authorization from the lawful distributor of the signal or feed;

operate a radio apparatus so as to receive an encrypted subscription programming signal or encrypted network feed that has been decoded in contravention of paragraph (c); or

retransmit to the public an encrypted subscription programming signal or encrypted network feed that has been decoded in contravention of paragraph (c).