Radiocommunication Regulations (SOR/96-484)

PART IVRadio Operator Certificates

Application

• 26 (1) This Part applies in respect of radio operator certificates set out in this subsection and in Schedule I:

  • (a) Restricted Operator Certificate with one or more of the following qualifications:

    • (i) Aeronautical Qualification, and

    • (ii) [Repealed, SOR/2020-278, s. 2]

    • (iii) Maritime Qualification;

  • (b) General Operator Certificate; and

  • (c) [Repealed, SOR/2020-278, s. 2]

  • (d) [Repealed, SOR/2020-278, s. 2]

  • (e) Amateur Radio Operator Certificate with one or more of the following qualifications:

    • (i) Basic Qualification,

    • (ii) Morse Code (5 w.p.m.) Qualification,

    • (iii) Basic Qualification with Honours, and

    • (iv) Advanced Qualification.

• (2) A radio operator certificate set out in column I of an item of Schedule I is equivalent to the radio operator certificate set out in column II of that item.

• (3) For the purposes of this Part, an Amateur Radio Operator Certificate with a Morse Code (12 w.p.m.) Qualification is equivalent to an Amateur Radio Operator Certificate with a Basic Qualification with Honours.

Eligibility for Radio Operator Certificates

27 The following persons are eligible to be issued a radio operator certificate set out in subsection 26(1):

• (a) an individual who has passed the examinations set by the Minister in respect of the radio operator certificate being applied for;

• (b) an individual who has met reissuance requirements or the requirements for the issuance of an equivalent certificate, set out in section 28; or

• (c) an individual who is a citizen of a country other than Canada if

  • (i) the individual is the holder of an authorization that is issued by the responsible administration of that country and that corresponds with the applicable radio operator certificate set out in subsection 26(1), and

  • (ii) a reciprocal arrangement that establishes correspondence between radio operator certificates is in effect between the responsible administrations of Canada and that country.

Requirements for Reissuance of Certificates and Issuance of Equivalent Certificates

28 If a radio operator certificate set out in paragraph 26(1)(b) or items 4 and 5 of Schedule I in column I has expired or is about to expire, the holder may apply to the Minister for the reissuance of the radio operator certificate or the issuance of an equivalent certificate, and the Minister shall reissue or issue the certificate if the holder

• (a) has accumulated, during the preceding five years, at least one year of service as

  • (i) a radio operator holding a radio operator certificate, and is engaged in radiocommunications at the level commensurate with that certificate, or

  • (ii) a radio technician engaged in the maintenance of modern radio apparatus; or

• (b) has passed the examinations set by the Minister in respect of the certificate being applied for.

29 [Repealed, SOR/2011-47, s. 9]

PART VRequirements for the Operation of Radio Apparatus

Operation of Radio Apparatus

30 [Repealed, SOR/2011-47, s. 10]

31 A person may operate or permit the operation of radio apparatus only where the apparatus is maintained within the tolerances set out in the applicable standards.

32 [Repealed, SOR/2011-47, s. 11]

33 A person may operate radio apparatus in the aeronautical service, maritime service or amateur radio service only where the person holds an appropriate radio operator certificate as set out in column I of any of items 1 and 3 to 15 of Schedule II.

• 34 (1) A person who holds a radio licence authorizing the operation of any radio apparatus in the aeronautical service or maritime service may permit another person to operate the radio apparatus only if the other person holds the appropriate radio operator certificate set out in column I of any of items 1 and 3 to 14 of Schedule II.

• (2) A person who operates any radio apparatus that is exempt from licensing in accordance with section 15.1 in the case of the aeronautical service, or section 15.2 in the case of the maritime service, may permit another person to operate the radio apparatus only if the other person holds the appropriate radio operator certificate set out in column I of any of items 1 and 3 to 14 of Schedule II.

Operation in the Aeronautical Service

34.1 A person shall operate any radio apparatus on board an aircraft in the aeronautical service in accordance with the Technical Requirements for the Operation of Mobile Stations in the Aeronautical Service, issued by the Minister, as amended from time to time.

Operation in the Maritime Service

34.2 A person shall operate any radio apparatus on board a ship or vessel in the maritime service in accordance with the Technical Requirements for the Operation of Mobile Stations in the Maritime Service, issued by the Minister, as amended from time to time.

35 The holder of a radio operator certificate set out in column I of an item of Schedule I has the same operating privileges as the holder of a radio operator certificate set out in column II of that item.

36 The holder of a radio operator certificate set out in column I of an item of Schedule II may operate radio apparatus that forms part of a radio station set out in column II of that item.

37 [Repealed, SOR/2014-34, s. 5]

Proof of Radio Authorization

38 The holder of a radio authorization shall, at the request of an inspector appointed pursuant to the Act, show the radio authorization or a copy thereof to the inspector within 48 hours after the request.

Operation, Repair and Maintenance of Radio Apparatus on behalf of Another Person

39 A person may install, place in operation, modify, repair, maintain or permit the operation of radio apparatus on behalf of another person only where, if a radio licence is required,

• (a) that other person has obtained a radio licence; and

• (b) the person does so in accordance with the terms of the radio licence.

Assignment of Frequencies

40 The assignment of a frequency or frequencies to a holder of a radio authorization does not confer a monopoly on the use of the frequency or frequencies, nor shall a radio authorization be construed as conferring any right of continuing tenure in respect of the frequency or frequencies.

Identification

41 The holder of a radio licence shall identify the radio station in respect of which the licence was issued in accordance with the Technical Requirements Respecting Identification of Radio Stations, issued by the Minister, as amended from time to time.

Operation in the Amateur Radio Service

Operating Qualifications

42 An individual may operate radio apparatus in the amateur radio service if the individual is the holder of one or more of the following certificates or licences:

• (a) an Amateur Radio Operator Certificate with Basic Qualification;

• (b) [Repealed, SOR/2020-278, s. 4]

• (c) [Repealed, SOR/2020-278, s. 4]

• (d) [Repealed, SOR/2020-278, s. 4]

• (e) a Radiotelephone Operator’s General Certificate (Aeronautical);

• (f) a Radiotelephone Operator’s General Certificate (Maritime);

• (g) a Radiotelephone Operator’s General Certificate (Land);

• (h) [Repealed, SOR/2020-278, s. 4]

• (i) a radio licence in the amateur radio service and an amateur radio operator authorization, issued by the responsible administration of a country other than Canada, if

  • (i) the individual is a citizen of that country, and

  • (ii) a reciprocal arrangement that allows similar privileges to Canadians exists between that other country and Canada; and

• (j) a radio licence for a radio station in the amateur radio service issued to a citizen of the United States by the Government of the United States.

Installation and Operating Restrictions

43 [Repealed, SOR/2000-78, s. 4]

44 A person who operates radio apparatus in the amateur radio service must hold an Amateur Radio Operator Certificate with Advanced Qualification in order to

• (a) install or operate a transmitter or a radio frequency amplifier that is not commercially manufactured, for use in the amateur radio service; or

• (b) install any radio apparatus to be used specifically

  • (i) for receiving and automatically retransmitting radiotelephone communications within the same frequency band, or

  • (ii) for an amateur radio club station.

Technical Requirements

45 A person shall operate radio apparatus in the amateur radio service in accordance with the technical requirements set out in the Standards for the Operation of Radio Stations in the Amateur Radio Service, issued by the Minister, as amended from time to time.

Participation in Communications

• 46 (1) Any person may participate in the operation of radio apparatus in the amateur radio service under the supervision and in the presence of an individual referred to in section 42.

• (2) A holder of a certificate or licence referred to in section 42 may

  • (a) permit any person who does not hold such a certificate or licence to operate radio apparatus, subject to compliance with the terms and conditions of that holder’s certificate or licence; and

  • (b) permit the participation in the operation referred to in paragraph (a) by any person only in accordance with subsection (1).

Communications with Radio Apparatus in the Amateur Radio Service

47 A person who operates radio apparatus in the amateur radio service may only

• (a) communicate with a radio station that operates in the amateur radio service;

• (b) use a code or cipher that is not secret; and

• (c) be engaged in communication that does not include the transmission of

  • (i) music,

  • (ii) commercially recorded material,

  • (iii) programming that originates from a broadcasting undertaking, or

  • (iv) radiocommunications in support of industrial, business or professional activities.

Emergency Communications

48 In a real or simulated emergency, a person operating radio apparatus in the amateur radio service may only communicate with a radio station that is in the amateur radio service in order to transmit a message that relates to the real or simulated emergency on behalf of a person, government or relief organization.

Remuneration

49 A person who operates radio apparatus in the amateur radio service shall do so without demanding or accepting remuneration in any form in respect of a radiocommunication that the person transmits or receives.

PART VIInterference

Determination of Interference for a Model of Equipment

• 50 (1) This section applies to

  • (a) equipment whether or not it complies with applicable standards; and

  • (b) equipment for which no applicable standard exists.

• (2) Where the Minister, taking into account the factors mentioned in subsection (5), determines that a model or several models of equipment cause or are likely to cause interference to radiocommunication or suffer from or are likely to suffer from adverse effects of electromagnetic energy, the Minister shall give notice of the determination to persons who are likely to be affected thereby.

• (3) No person shall manufacture, import, distribute, lease, offer for sale, sell, install or use equipment in respect of which a notice referred to in subsection (2) has been given.

• (4) Subsection (3) does not apply in respect of equipment that is manufactured or imported solely for export purposes.

• (5) A determination pursuant to subsection (2) shall include the consideration of the following factors:

  • (a) the electromagnetic environment in which the equipment is being used;

  • (b) the circumstances under which it is being used;

  • (c) the technical characteristics of the devices being interfered with or being adversely affected by electromagnetic energy; and

  • (d) the technical characteristics of the devices causing interference or the adverse effects of electromagnetic energy.