Radiocommunication Regulations (SOR/96-484)

51 A determination under section 50 does not apply to a determination under paragraph 5(1)(l) of the Act.

Determination of Interference other than Harmful Interference

• 52 (1) If the Minister, taking into account the factors referred to in subsection (2), determines that a radio apparatus causes or suffers from interference other than harmful interference or adverse effects of electromagnetic energy, the Minister shall, if it is necessary for the purpose of ensuring the orderly development and efficient operation of radiocommunication in Canada, order the persons in possession or control of the radio apparatus to cease or modify operation of the radio apparatus until it can be operated without causing or being affected by that interference or those adverse effects.

• (2) A determination pursuant to subsection (1) shall consider the following factors:

  • (a) the electromagnetic environment in which the radio apparatus 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.

• 53 (1) A determination under section 52 does not apply to a determination under paragraph 5(1)(l) of the Act.

• (2) No person shall operate radio apparatus contrary to an order made under subsection 52(1).

PART VIIPrivacy of Communications

Prescribed Exceptions

• 54 (1) The exceptions set out in subsection (2) apply to

  • (a) a person who makes use of or divulges a radio-based telephone communication; and

  • (b) a person who intercepts and makes use of or intercepts and divulges any radiocommunication.

• (2) The persons referred to in subsection (1) are excepted from the prohibitions set out in subsections 9(1.1) and (2) of the Act where the use or divulgation, or interception and use or interception and divulgation, as the case may be, is made

  • (a) for the purpose of preserving or protecting any property, or the prevention of serious harm to any person, including the bringing of emergency assistance to any person;

  • (b) in the course of or for the purposes of giving evidence in any criminal or civil proceeding or in any other proceeding in which the persons may be required to give evidence on oath;

  • (c) by a peace officer, prosecutor, officer of the court or other public official, or by a person who discloses the communication to such an official, for the purpose of the investigation or prosecution of an alleged contravention of any law of Canada or a province or in the interests of the administration of justice; or

  • (d) on behalf of Her Majesty in right of Canada for the purposes of international affairs or national defence or security.

• (3) In addition to being excepted where appropriate under the circumstances referred to in subsection (2), the following persons are also excepted from the prohibitions referred to in that subsection in the following circumstances:

  • (a) an officer or servant of Her Majesty in right of Canada, where the officer or servant makes use of or divulges a radio-based telephone communication, or intercepts and makes use of, or intercepts and divulges, a radiocommunication, as the case may be, in the course of radio frequency spectrum management for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission; or

  • (b) an officer or servant of Her Majesty in right of Canada or a person providing a communication service, where the officer, servant or person makes use of or divulges a radio-based telephone communication, intercepts and makes use of, or intercepts and divulges, a radiocommunication, as the case may be, in the course of monitoring radiocommunications for the purpose of ensuring the security and integrity of communications and communication systems.

PART VIIIFees

Interpretation

55 For the purposes of this Part,

broadband personal communications services radio frequencies

broadband personal communications services radio frequencies[Repealed, SOR/2021-40, s. 5]

cellular mobile radio frequencies

cellular mobile radio frequencies[Repealed, SOR/2021-40, s. 5]

congestion zone

congestion zone means the geographical area where a station is located and is described as a low congestion zone, a medium congestion zone or a high congestion zone; (zone d’encombrement)

coverage area

coverage area means the geographic area over which a radio signal is propagated as is determined by the terrain, antenna height, effective radiated power, frequency, or other technical characteristics that may affect the path or field strength level of the signal; (zone de couverture)

high congestion zone

high congestion zone means, in respect of a regional area set out in column I of an item of Schedule V, the area bounded by the geographical coordinates set out in columns II to X of that item; (zone d’encombrement intense)

link

link means the spectrum dedicated to an assigned radio frequency that is used to communicate between two stations; (liaison)

low congestion zone

low congestion zone means any area that is not a medium congestion zone or a high congestion zone; (zone d’encombrement faible)

medium congestion zone

medium congestion zone means, in respect of a regional area set out in column I of an item of Schedule VI, the area bounded by the geographical coordinates set out in columns II to XI of that item, but does not include any area that is included in a high congestion zone; (zone d’encombrement moyen)

metropolitan area

metropolitan area means, in respect of a metropolitan area set out in column I of an item of Schedule IV, the geographical area bounded by the north latitude in the range between the limits set out in columns II and III of that item and the west longitude in the range between the limits set out in columns IV and V of that item; (région métropolitaine)

narrowband personal communications services radio frequencies

narrowband personal communications services radio frequencies means the transmit and receive frequencies in the radio frequency bands 901 MHz to 902 MHz, 930 MHz to 931 MHz and 940 MHz to 941 MHz; (radiofréquences des services de communications personnelles à bande étroite)

necessary bandwidth

necessary bandwidth means the width of a radio frequency band required to ensure accurate and optimum transmission of information; (largeur de bande nécessaire)

other area

other area means a geographical area in Canada other than a metropolitan area; (autre région)

public cordless telephone radio frequencies

public cordless telephone radio frequencies[Repealed, SOR/2014-34, s. 7]

radio licence fee

radio licence fee[Repealed, SOR/2014-34, s. 7]

remote area

remote area means any area not identified as an “Urban area” or “Rural area” on the Map of Radiocommunication Areas, published by the Department of Industry in February, 2021; (région éloignée)

rural area

rural area means any area identified as a “Rural area” on the Map of Radiocommunication Areas, published by the Department of Industry in February, 2021; (région rurale)

urban area

urban area means any area identified as an “Urban area” on the Map of Radiocommunication Areas, published by the Department of Industry in February, 2021. (région urbaine)

General

56 The radio licence fee payable in respect of a radio licence that is issued in respect of radio apparatus installed in a station and that authorizes the use of certain frequencies is

• (a) in the case of a renewable radio licence, the annual fee for the period from April 1 to March 31 of the following year, that is payable in advance on March 31 of each year and that is the fee set out in section 61.1 or 65.1 or in column IV of Parts I to IV, V and VI of Schedule III;

• (b) in the case of either a renewable radio licence or a temporary radio licence that is valid for a period of more than 30 days, the monthly fee set out in section 61.1 or 65.1 or in column III of Parts I to IV, V and VI of Schedule III multiplied by the number of months for which the licence is valid; or

• (c) in the case of either a renewable radio licence or a temporary radio licence that is valid for a period of 30 days or less, the monthly fee set out in section 61.1 or 65.1 or in column III of Parts I to IV, V and VI of Schedule III.

Radio Licence Fee Exemption for Foreign Governments

57 The radio licence fees do not apply in respect of a radio licence issued to a foreign government that grants a reciprocal radio licence fee exemption to Her Majesty in right of Canada.

Telephone Channel Equivalencies

58 For the purpose of calculating the radio licence fees payable for a radio licence authorizing operation on certain frequencies for radio apparatus installed in a fixed station or space station referred to in section 61 or 65 or 73,

• (a) one television channel, including the associated sound channels,

  • (i) where the necessary bandwidth is 6 MHz or less, is equivalent to 300 telephone channels,

  • (ii) where the necessary bandwidth is greater than 6 MHz and less than or equal to 12.7 MHz, is equivalent to 600 telephone channels, and

  • (iii) where the necessary bandwidth is greater than 12.7 MHz, is equivalent to 960 telephone channels;

• (b) one sound channel is equivalent to three telephone channels; and

• (c) one digitally modulated channel is equivalent to the number of telephone channels calculated by dividing the modulation bit rate by 64 kilobits per second.

59 [Repealed, SOR/2000-78, s. 12]

Mobile Stations

• 60 (1) The radio licence fee payable in respect of radio apparatus installed in a mobile station that operates in the aeronautical service or maritime service is the applicable fee set out in item 2 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (2) The radio licence fee payable in respect of radio apparatus installed in a mobile station that operates in the public information service is the applicable fee set out in item 3 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (3) The radio licence fee payable in respect of radio apparatus installed in a mobile station that operates in the developmental service or radiodetermination service is the applicable fee set out in item 4 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (4) The radio licence fee payable in respect of radio apparatus installed in a mobile station that operates in the land mobile service is the applicable fee set out in item 5 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (5) In addition to any applicable fee prescribed pursuant to subsection (1), (2), (3) or (4), the radio licence fee payable in respect of radio apparatus installed in a mobile station that communicates with a space station is the applicable fee set out in item 6 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (6) The radio licence fee payable in respect of radio apparatus installed in a mobile station, other than a mobile station referred to in subsections (1) to (5), is the applicable fee set out in item 7 of Part I of Schedule III for all authorized transmit and receive frequencies.

Fixed Stations — Radiocommunication Users

Fixed Stations Communicating with other Fixed Stations or Space Stations

• 61 (1) Subject to subsection (2), the radio licence fee payable by a radiocommunication user in respect of radio apparatus installed in a fixed station, other than a fixed station that operates in the land mobile service or a fixed station described in section 61.1 or 62, is for each transmitter and each receiver installed at the station the sum of the applicable fees set out in Part II of Schedule III that corresponds to the number of telephone channels per radio frequency assigned to that transmitter or receiver.

• (2) If a fixed station, other than a fixed station described in section 61.1, 62 or 63, communicates solely on one transmit radio frequency and one receive radio frequency that are not manually selected with another fixed station, other than a fixed station in the land mobile service, operated for the automatic reception and retransmission of radiocommunications within a communication system that does not accept traffic from or deliver traffic to external points by means other than radio, the radio licence fee payable is the sum of

  • (a) in respect of all assigned transmit radio frequencies, the applicable radio licence fee for the assigned transmit radio frequency with the greatest number of telephone channels set out in Part II of Schedule III, and

  • (b) in respect of all assigned receive radio frequencies, the applicable radio licence fee for the assigned receive radio frequency with the greatest number of telephone channels set out in Part II of Schedule III.