Vol. 149, No. 4 — February 25, 2015
SOR/2015-36 February 6, 2015
Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1
The Minister of Industry, pursuant to subsection 14(1) (see footnote a) of the Radiocommunication Act (see footnote b), makes the annexed Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1.
Ottawa, February 3, 2015
Minister of Industry
RADIOCOMMUNICATION ACT (SUBSECTION 4(4) AND PARAGRAPH 9(1)(B)) EXEMPTION ORDER, NO. 2015-1
Definition of “Act”
1. In this Order, “Act” means the Radiocommunication Act.
2. Subject to sections 3 to 7, employees of the Royal Canadian Mounted Police Technical Investigation Services Branch, as well as other employees of the Royal Canadian Mounted Police who are required, as part of their duties or training, to install, use, possess, manufacture or import a jammer and to follow any applicable directives from that Branch in relation to jammers, are exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act during the period beginning on the day on which this Order comes into force and ending five years after that day in respect of their installation, use, possession, manufacturing or importation of any jammer, if they are trained in relation to those activities or are in the process of receiving such training.
3. (1) The exemption applies only if, in the case of an exemption from the application of subsection 4(4) of the Act, the jammer is installed, used, possessed, manufactured or imported or, in the case of an exemption from the application of paragraph 9(1)(b) of the Act, the radiocommunication is interfered with or obstructed, for any of the following purposes:
- (a) national security;
- (b) public safety;
- (c) international relations;
- (d) the investigation or prosecution of offences in Canada, including the preservation of evidence; or
- (e) the protection of property or the prevention of serious harm to any person.
(2) Every reasonable effort must be made to restrict the jammer’s interference with or obstruction of radiocommunications to the smallest physical area, the fewest number of frequencies, the appropriate power level and the minimum duration required to accomplish the intended purpose.
4. The jammer must allow for adjustments to power levels and affected frequencies.
Installation and use
5. An employee who installs or uses a jammer must do so in a manner that minimizes unwanted emissions and radio interference as well as the exposure of any person to radiofrequency fields.
6. An employee who possesses a jammer must
- (a) ensure that it is turned off and stored in a secure location when it is not in use, including when it is being transported; and
- (b) at all times prevent access to it by a person who is not exempt from the application of subsection 4(4) of the Act.
Information to Industry Canada
7. The Royal Canadian Mounted Police must
- (a) maintain records of when and where jammers are used by its employees and allow those records to be examined on request by Industry Canada; and
- (b) provide to Industry Canada, on request, any information that Industry Canada requires for the purpose of investigating any cases of radio interference that may be the result of jammer use by Royal Canadian Mounted Police employees.
COMING INTO FORCE
8. This Order comes into force on the day on which it is registered.
(This note is not part of the Order.)
This is an Order in respect of jammers, which are prohibited in Canada under the Radiocommunication Act (the Act). This Order will exempt the classes of employees of the Royal Canadian Mounted Police (RCMP) noted below from these prohibitions.
In order to meet its lawful mandate and ensure the safety of its employees and the general public, the RCMP requires the ability to use jammers lawfully in its operations in certain situations.
Jammers are devices that transmit, emit or radiate electromagnetic energy and are designed to cause, or are capable of causing, interference or obstruction of radiocommunication, other than devices for which standards have been established under paragraph 5(1)(d) or 6(1)(a) of the Act or for which an authorization has been issued. Subsection 4(4) of the Act prohibits the installation, use, possession, manufacture, import, distribution, leasing, offering for sale or selling of jammers. Paragraph 9(1)(b) of the Act prohibits the interference with or obstruction of radiocommunication. Subsection 14(1) of the Act allows the minister to exempt persons, classes of persons and entities from these prohibitions for a limited number of purposes.
This Order will exempt the following classes of persons from certain prohibitions under the Act relating to jammers: (a) employees of the RCMP Technical Investigation Services Branch; and (b) RCMP employees who have a need to conduct jamming-related activities as part of their duties or training and are obligated to follow any directives in relation to jammers from the Technical Investigation Services Branch.
Under this Order, jammers may be installed, used, possessed, manufactured or imported only for the purposes identified in the Act under subsection 14(1), specifically national security, public safety, international relations, the investigation or prosecution of offences in Canada, including the preservation of evidence and the protection of property, or the prevention of serious harm to any person.
In order to ensure that unintended interference to the radiofrequency spectrum is minimized and that Industry Canada retains the ability to effectively manage the spectrum for the benefit of all Canadians, this Order is subject to a number of specific conditions relating to the jammers that will be used and persons operating them.
Public consultations on the general use of radiocommunication jamming devices were held in March 2001. The results of those consultations demonstrated clear public support for restricting the use of jammers in Canada. At that time, Industry Canada indicated that it would support public safety needs with respect to the use of jammers.
Regulatory and Program Planning
Spectrum Management Operations Branch
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Vancouver, British Columbia