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

Marginal note:Subsection 4(5) — devices

• 5.01 (1) 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.

• Marginal note:Subsection 4(5) — exemption

  (2) 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.

Marginal note:Incorporation by reference

• 5.02 (1) 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.

• Marginal note:Accessibility of incorporated documents

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

• Marginal note:No finding of guilt or administrative penalty

  (3) 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.

• Marginal note:No registration or publication required

  (4) 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.

• Marginal note:Existing power not limited

  (5) 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.

Marginal note:Information sharing — Canada

• 5.1 (1) 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.

• Marginal note:Information sharing — Government of foreign state and international organization

  (2) 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.

• Marginal note:Contents

  (3) The agreement, memorandum of understanding or arrangement must

  • (a) 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);

  • (b) 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

  • (c) 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.

Powers of Governor in Council and Others

Marginal note:Regulations

• 6 (1) The Governor in Council may make regulations

  • (a) respecting technical requirements and technical standards in relation to

    • (i) radio apparatus,

    • (ii) interference-causing equipment, and

    • (iii) radio-sensitive equipment,

    or any class thereof;

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

    • (i) in the case of an individual, citizenship or permanent residence, or

    • (ii) 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;

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

  • (d) 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;

  • (e) 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;

  • (f) prescribing conditions and restrictions applicable in respect of any prescribed radio service;

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

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

  • (i) prohibiting or regulating, in relation to

    • (i) interference to radiocommunication, or

    • (ii) adverse effects of electromagnetic energy from any emission, radiation or induction,

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

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

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

  • (l) prescribing fees

    • (i) for radio authorizations, applications therefor and examinations or testing in relation thereto, and

    • (ii) for services provided by the Department of Communications relating to spectrum management,

    and respecting interest payable on unpaid fees so prescribed;

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

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

  • (o) 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;

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

  • (q) 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;

  • (r) 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;

  • (s) prescribing anything that by this Act is to be prescribed; and

  • (t) generally for carrying out the purposes and provisions of this Act.

• Marginal note:Incorporation by reference

  (2) 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.

Marginal note:Possession by Her Majesty

• 7 (1) 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.

• Marginal note:Control by Government

  (2) 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.

• Marginal note:Compensation

  (3) 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.

• Marginal note:Exception

  (4) 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.

• Marginal note:Settlement land

  (5) 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.

• Marginal note:Tetlit Gwich’in Yukon land

  (6) 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.

• Marginal note:Notice of intention

  (7) 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) 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:

    • (i) 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,

    • (ii) 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,

    • (iii) 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

    • (iv) a report on the hearing shall be prepared and submitted to the Minister; and

  • (b) 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.

• Marginal note:Definition of “Tetlit Gwich’in Yukon land”

  (8) 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.

Marginal note:Powers of inspectors

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

  • (a) 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;

  • (b) 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;

  • (c) 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

  • (d) use any copying equipment or means of communication in the place.

• Marginal note:Certificate

  (1.1) 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.

• Marginal note:Dwelling-houses

  (2) 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

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

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

  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.

• Marginal note:Authority to issue warrant

  (3) 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

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

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

  • (c) 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.

• Marginal note:Use of force

  (4) 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.

• Marginal note:Assistance to inspectors

  (5) 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.

• Marginal note:Information requirement

  (5.1) 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.

• Marginal note:Obstruction, false information

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

  • (a) resist or wilfully obstruct the inspector; or

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