Radiocommunication Act (R.S.C., 1985, c. R-2)

Short Title

Marginal note:Short title

1 This Act may be cited as the Radiocommunication Act.

Interpretation

Marginal note:Definitions

2 In this Act,

broadcasting

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

broadcasting certificate

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

broadcasting undertaking

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

distribution undertaking

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

encrypted

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

harmful interference

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

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

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

interference-causing equipment

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

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

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

Minister means the Minister of Industry; (ministre)

network

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

network feed

network feed means any radiocommunication that is transmitted

• (a) by a network operation to its affiliates,

• (b) to a network operation for retransmission by it to its affiliates, or

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

operator

operator[Repealed, 1989, c. 17, s. 3]

prescribed

prescribed means prescribed by regulations; (Version anglaise seulement)

programming undertaking

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

public

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

public switched telephone network

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

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

radio authorization

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

radio-based telephone communication

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

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

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

radio operator certificate

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

radio-sensitive equipment

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

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

spectrum licence

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

subscription programming signal

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

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

telecommunication

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

Application

Marginal note:Application to Her Majesty and Parliament

• 3 (1) 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.

• Marginal note:Exemptions

  (2) 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

  • (a) 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;

  • (b) either absolute or qualified; and

  • (c) of either general or specific application.

• Marginal note:Geographical application

  (3) This Act applies within Canada and on board

  • (a) any ship, vessel or aircraft that is

    • (i) registered or licensed under an Act of Parliament, or

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

  • (b) any spacecraft that is under the direction or control of

    • (i) Her Majesty in right of Canada or a province,

    • (ii) a citizen or resident of Canada, or

    • (iii) a corporation incorporated or resident in Canada; and

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

• Marginal note:Powers, duties and functions of Minister

  (4) 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.

Prohibitions

Marginal note:Prohibitions

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

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

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

• Marginal note:Idem

  (2) 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.

• Marginal note:Idem

  (3) 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.

• Marginal note:Other prohibitions

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

• Marginal note:Other prohibitions — subsection 5.01(1)

  (5) 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).

Minister’s Powers

Marginal note:Minister’s powers

• 5 (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,

  • (a) issue

    • (i) radio licences in respect of radio apparatus,

    • (i.1) spectrum licences in respect of the utilization of specified radio frequencies within a defined geographic area,

    • (ii) broadcasting certificates in respect of radio apparatus that form part of a broadcasting undertaking,

    • (iii) radio operator certificates,

    • (iv) technical acceptance certificates in respect of radio apparatus, interference-causing equipment and radio-sensitive equipment, and

    • (v) any other authorization relating to radiocommunication that the Minister considers appropriate,

    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;

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

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

  • (d) establish technical requirements and technical standards in relation to

    • (i) radio apparatus,

    • (ii) interference-causing equipment, and

    • (iii) radio-sensitive equipment,

    or any class thereof;

  • (e) plan the allocation and use of the spectrum;

  • (f) 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;

  • (g) test radio apparatus for compliance with technical standards established under this Act;

  • (h) 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;

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

  • (j) appoint inspectors for the purposes of this Act;

  • (k) 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;

  • (l) 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;

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

  • (n) do any other thing necessary for the effective administration of this Act.

• Marginal note:Canadian telecommunications policy

  (1.1) 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.

• Marginal note:Bidding system for radio authorizations

  (1.2) 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.

• Marginal note:Payments pursuant to bids

  (1.3) 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.

• Marginal note:Procedures for bidding system

  (1.4) 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.

• Marginal note:Obligation

  (1.5) 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.

• Marginal note:Suspension or revocation of radio authorization

  (2) The Minister may suspend or revoke a radio authorization

  • (a) with the consent of the holder thereof;

  • (b) 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

    • (i) the holder has contravened this Act, the regulations or the terms or conditions of the radio authorization, or

    • (ii) the radio authorization was obtained through misrepresentation; or

  • (c) 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).