Radiocommunication Regulations (SOR/96-484)

Restriction Relating to Holders of Radio Licences

4 It is a term of a radio licence that the holder of the radio licence shall restrict the activities of the station to those radiocommunication services referred to in paragraph 3(a) that are specified in the licence.

5 It is a term of a radio licence that the holder of the radio licence who is a radiocommunication service provider shall provide its radiocommunication services without unjust discrimination.

Restrictions Relating to the Aeronautical Service

6 Use of radio apparatus in the aeronautical service is restricted to communications relating to

• (a) the safety and navigation of aircraft;

• (b) the general operation of aircraft; and

• (c) the exchange of messages on behalf of the public.

Restrictions Relating to the Developmental Service

7 Use of radio apparatus licensed in the developmental service is restricted to experiments, tests, research or demonstrations being carried out in relation to that service.

Restrictions Relating to the Maritime Service

8 Use of radio apparatus in the maritime service is restricted to communications relating to

• (a) the safety and navigation of ships or vessels;

• (b) the general operation of ships or vessels; and

• (c) the exchange of messages on behalf of the public.

Eligibility

• 9 (1) The following persons are eligible to be issued radio licences or spectrum licences as radiocommunication users or radiocommunication service providers in all services except the amateur radio service:

  • (a) an individual who is

    • (i) a citizen within the meaning of subsection 2(1) of the Citizenship Act,

    • (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration Act, or

    • (iii) a non-resident who has been issued an employment authorization under the Immigration and Refugee Protection Act;

  • (b) a corporation that is incorporated or continued under the laws of Canada or a province;

  • (c) a partnership, joint venture or trust if each partner, co-venturer or trustee is eligible to be issued a radio licence under this subsection;

  • (d) a Canadian government, whether federal, provincial or local, or an agency thereof;

  • (e) the Government of a country other than Canada, which is a signatory to the Vienna Convention on Diplomatic Relations, done at Vienna, April 18, 1961;

  • (f) any person who is the registered owner of an aircraft that is registered in Canada, for the establishment and operation of a station on board the aircraft;

  • (g) any person who is the registered or licensed owner of a ship or vessel that is registered under the Canada Shipping Act or licensed under the Coasting Trade Act, for the establishment and operation of a station on board the ship or vessel; and

  • (h) any person who is a resident of a country other than Canada, who

    • (i) seeks to establish and operate a radio station designed for interconnection with a public switched network, or

    • (ii) requires a radio licence for radio apparatus used for a special event of a limited duration.

• (2) [Repealed, SOR/2000-78, s. 1]

10 [Repealed, SOR/2014-34, s. 3]

10.1 [Repealed, SOR/2014-34, s. 3]

Non-Assignability of Radio Licences

11 It is a term of a radio licence that the licence not be transferred or assigned without the authorization of the Minister.

Stations Licensed or Exempted in Another Country

12 Radio apparatus used in a mobile station that is licensed or exempted by the responsible administration of another country is exempt from the application of subsection 4(1) of the Act if the mobile station is used for communications with stations licensed or exempted in Canada or that other country and if

• (a) the operator is a citizen of that other country; and

• (b) a reciprocal agreement that allows similar privileges to Canadians exists between that other country and Canada.

Radio Licences of Radiocommunication Service Providers

• 13 (1) It is a term of a radio licence of a radiocommunication service provider that a subscriber to the services or a lessee of radio apparatus of the radiocommunication service provider may install, operate or possess radio apparatus to communicate with other radio apparatus to which that licence applies.

• (2) Use of the services or radio apparatus of a radiocommunication service provider is restricted to communications with radio apparatus to which the radio licence referred to in subsection (1) applies.

• 14 (1) Every radiocommunication service provider shall provide to each of its subscribers and lessees of its radio apparatus a copy of the terms and conditions of its radio licence that are applicable to those subscribers or lessees, as the case may be.

• (2) [Repealed, SOR/2011-47, s. 3]

Exemption

15 Radio apparatus that is set out in and meets a standard set out in the Licence-exempt Radio Apparatus Standards List, April 2020 is exempt from the application of subsection 4(1) of the Act in respect of a radio licence.

Exemption of Radio Apparatus on Board an Aircraft

• 15.1 (1) This section applies in respect of an aircraft that is

  • (a) registered or licensed under an Act of Parliament; or

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

• (2) A radio apparatus that is operated on board an aircraft in the performance of the aeronautical service or the radiodetermination service is exempt from subsection 4(1) of the Act, in respect of a radio licence, if

  • (a) the operation of the radio apparatus occurs when

    • (i) the aircraft is within Canada,

    • (ii) the aircraft is outside Canada and the territory of another country, or

    • (iii) the aircraft is in the territory of another country with which Canada has entered into a reciprocal agreement that confers similar privileges on Canadians; and

  • (b) the operation of the radio apparatus is in accordance with the technical requirements for mobile stations operating in the aeronautical service that are specified in section 34.1.

  • (c) [Repealed, SOR/2011-47, s. 5]

Exemption of Radio Apparatus on Board a Ship or Vessel

• 15.2 (1) This section applies in respect of a ship or vessel that is

  • (a) registered or licensed under an Act of Parliament; or

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

• (2) A radio apparatus that is operated on board a ship or vessel in the performance of the maritime service or the radiodetermination service is exempt from subsection 4(1) of the Act, in respect of a radio licence, if

  • (a) the operation of the radio apparatus occurs when

    • (i) the ship or vessel is within Canada,

    • (ii) the ship or vessel is outside Canada and the territory of another country, or

    • (iii) the ship or vessel is in the territory of another country with which Canada has entered into a reciprocal agreement that confers similar privileges on Canadians; and

  • (b) the operation of the radio apparatus is in accordance with the technical requirements for mobile stations operating in the maritime service specified in section 34.2.

  • (c) [Repealed, SOR/2011-47, s. 6]