Vol. 145, No. 5 — March 2, 2011
SOR/2011-47 February 17, 2011
ARCHIVED — Regulations Amending the Radiocommunication Regulations (Miscellaneous Program)
P.C. 2011-249 February 17, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 6 (see footnote a) of the Radiocommunication Act (see footnote b), hereby makes the annexed Regulations Amending the Radiocommunication Regulations (Miscellaneous Program).
REGULATIONS AMENDING THE RADIOCOMMUNICATION REGULATIONS (MISCELLANEOUS PROGRAM)
1. The portion of section 6 of the Radiocommunication Regulations (see footnote 1) before paragraph (a) is replaced by the following:
6. Use of radio apparatus in the aeronautical service is restricted to communications relating to
2. The portion of section 8 of the Regulations before paragraph (a) is replaced by the following:
8. Use of radio apparatus in the maritime service is restricted to communications relating to
3. Subsection 14(2) of the Regulations is repealed.
4. Section 15 of the Regulations is replaced by the following:
15. Radio apparatus that is set out in and meets a standard set out in the Licence-exempt Radio Apparatus Standards List, October 2010 is exempt from the application of subsection 4(1) of the Act in respect of a radio licence.
5. Subsection 15.1(2) of the Regulations is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).
6. Subsection 15.2(2) of the Regulations is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).
7. Sections 16 and 17 of the Regulations are replaced by the following:
16. Radio apparatus that is set out in and meets a standard set out in the Broadcasting Certificate-exempt Radio Apparatus List, October 2010 is exempt from the application of subsection 4(1) of the Act in respect of a broadcasting certificate.
8. Subsections 24(4) and (5) of the Regulations are replaced by the following:
(4) When the testing done under subsection (3) shows that the Category I or Category II equipment tested does not comply with the applicable standard, the Minister shall give notice of the test results to those persons who are likely to be affected by them.
9. Section 29 of the Regulations and the heading before it are repealed.
10. Section 30 of the Regulations is repealed.
11. Section 32 of the Regulations is repealed.
12. Schedule I to the Regulations is amended by replacing “(Sections 26 and 28, subsection 29(1) and section 35)” after the heading “SCHEDULE I” with “(Sections 26, 28 and 35)”.
13. The portion of item 1 of Schedule VI to the Regulations in column IV is replaced by the following:
COMING INTO FORCE
14. These Regulations come into force on the day on which they are registered.
(This statement is not part of the Regulations.)
Issue and objectives
A review by the Standing Joint Committee for the Scrutiny of Regulations (the Committee) indicates that a number of sections in the Radiocommunication Regulations (the Regulations) are redundant to, or do not reflect the legislative intent of, the Radiocommunication Act (the Act). In addition, a provision of the Regulations is, in the opinion of the Committee, inconsistent with the terms of the Canadian Charter of Rights and Freedoms (the Charter). Redundant regulations reduce the transparency of the regulatory regime, while those inconsistent with the Act or the Charter may be open to legal challenge. This regulatory initiative addresses these concerns and, consistent with the terms of both the Cabinet Directive on Streamlining Regulation and Advantage Canada, will improve the regulatory regime. It will be more transparent and effective, and will serve to foster a competitive radiocommunications marketplace.
Description and rationale
These amendments will repeal those sections of the Regulations identified as redundant, as well as the provision which is considered to be inconsistent with the Charter. Also, sections which do not reflect the legislative intent of the Act will be repealed or amended so as to conform to the authorities provided.
Specifically, the following items are repealed, as each is redundant to subsection 4(1) of the Act, which prohibits operation of radio apparatus except under the terms of an authorization:
- Subsection 14(2) requiring a subscriber to a radiocommunication service to comply with the terms of an authorization;
- Section 17 requiring certain broadcasting undertakings to comply with the terms of an authorization; and
- Section 30 stating that radio apparatus must be operated in accordance with an authorization.
Additionally, the following items are repealed:
- Paragraph 24(4)(b) and subsection 24(5), which require the Minister to revoke a Technical Acceptance Certificate for non-compliant radio apparatus. These sections are both inconsistent with the discretionary power of the Minister to suspend or revoke an authorization provided for in subsection 5(2) of the Act and redundant to these powers;
- Subsections 29(1) and (2), providing the Minister with the power to suspend an operator’s certificate based on mental or physical incapacity, as these powers are not provided for in the Act;
- Section 32, which prohibits profane, obscene and superfluous radio signals. This provision may be inconsistent with the Charter; and
- Paragraphs 15.1(2)(c), 15.2(2)(c) providing that the exemption referred to in the section is conditional to compliance with technical standards established by the Minister. These conditions are redundant to other obligations to comply with technical standards provided in the Act and Regulations.
Sections 15 and 16 are also amended. Both sections exempt the operation of certain equipment, listed on various equipment lists published by the Department of Industry, and amended under the Minister’s authority, from requiring a licence. The power to provide exemptions from the provisions of the Act resides exclusively with the Governor-in-Council. It is the opinion of the Standing Joint Committee for the Scrutiny of Regulations that providing an exemption based on a list that may be changed by the Minister without the consent of the Governor-in-Council effectively sub-delegates this power to the Minister. Accordingly, the proposal will amend sections 15 and 16 to reference a static, rather than an ambulatory, list of equipment.
Finally, the initiative also takes the opportunity to make corrections and clarifications to the Regulations unrelated to the Committee’s concerns. Specifically, the initiative
- amends Schedule VI of the Regulations in order to correct a typographical error in the indication of the North latitude of the Geographical Coordinates set out in Column IV for Calgary, Alberta. This reference should read “5051”; and
- removes the word “licensed” from each of sections 6 and 8. This amendment clarifies that all use of radio apparatus in the aeronautical and maritime services, respectively, is restricted as set out in those sections, whether the apparatus is authorized by a radio licence or exempted from this requirement.
The Department has corresponded extensively with the Standing Joint Committee in respect of their concerns. The amendments are of a strictly technical nature and are expected to have no impact on the Canadian public. Therefore, no other consultation has been undertaken with respect to these amendments.
These amendments will come into force on the day on which they are registered.
Ms. Line Perron
Regulatory and Program Planning
Spectrum Management Operations Branch
300 Slater Street
S.C. 1989, c. 17, s. 4
R.S., c. R-2; S.C. 1989, c. 17, s. 2