Canada Gazette, Part I, Volume 153, Number 22: Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police)

June 1, 2019

Statutory authority
Radiocommunication Act

Sponsoring department
Department of Industry

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

To meet its lawful mandate and ensure the safety of its employees and the general public, the Royal Canadian Mounted Police (RCMP) requires the ability to use radiocommunication jammers lawfully. The Radiocommunication Act (the Act) prohibits jammer-related activities in Canada, but provides the Minister of Industry with the authority to exempt persons or entities from these prohibitions.

Background

Jammers are devices that transmit, emit or radiate electromagnetic energy and are designed to cause, cause or are capable of causing interference or obstruction of radiocommunication, other than devices for which technical standards have been established under paragraph 5(1)(d) or 6(1)(a) of the Act or for which an authorization has been issued.

In December 2014, amendments were made to the Act, which included the addition of a prohibition specific to radiocommunication jammers. As a result, the installation, use, possession, manufacture, import, distribution, leasing, offering for sale or the sale of jammers is now clearly prohibited under subsection 4(4). However, recognizing that in some instances, a legitimate need for the use of a jammer may exist, the amendments also provided the Minister of Industry with the authority under subsection 14(1) of the Act to issue orders to exempt any person, class of persons or entity from the jammer-related prohibitions for such purposes as the preservation of public safety and national security.

In February 2015, the Minister of Industry issued Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1, which ordered employees of the RCMP Technical Investigation Services Branch, as well as other employees of the RCMP, to be exempt from the jammer-related prohibitions found in the Act as per the purposes and the conditions of that Order. This exemption is for the period beginning on February 3, 2015, and ending five years after that day, meaning that it expires on February 4, 2020.

Objective

The objective of this proposal is to exempt, subject to conditions, employees of the RCMP Technical Investigation Services, as well as any other employees of the RCMP who are required to install, use, possess, manufacture or import jammers from jammer-related prohibitions found in the Act. This Order will replace the Order previously granted to the RCMP in February 2015.

Description

In accordance with subsection 14(1) of the Act, the Order will exempt persons from the application of prohibitions in relation to jammers found under subsection 4(4) and paragraph 9(1)(b) of the Act. In this case, the exemption will apply to employees of the RCMP Technical Investigation Services, as well as other employees of the RCMP who are required, as part of their duties or training, to install, use, possess, manufacture or import jammers.

The Order will allow for the installation, use, possession, manufacture or import of jammers, but only for certain of the purposes identified in subsection 14(1) of the Act: specifically national security, public safety, including penitentiaries and prisons, 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.

Moreover, to ensure that unintended interference with the radiofrequency spectrum is minimized and that Innovation, Science and Economic Development Canada (ISED) retains the ability to effectively manage the spectrum for the benefit of all Canadians, this exemption Order provides that employees of the RCMP must meet conditions in order to benefit from the exemption it provides.

Among these conditions are those that require employees to be trained in relation to the exempted activities or be in the process of receiving such training and to follow any of the RCMP’s applicable directives in relation to jammers.

In addition, there is a requirement for the RCMP to provide ISED with the contact information (e.g. address, telephone number, email) of the individual responsible for its jammers. Having this information will allow ISED inspectors to know who to contact in the context of (a) radio interference investigations; and (b) verifications of compliance with the conditions set out in the Order.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Consultation

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, the Department indicated it would support public safety needs with respect to the use of jammers.

Rationale

The Order is required to enable the RCMP to carry out its mandate while continuing to comply with Canadian laws and regulations. It applies only for the purposes of national security, public safety, including penitentiaries and prisons, 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.

Implementation, enforcement and service standards

Apart from the classes of persons identified in the Order who will be exempted from the application of subsection 4(4) and paragraph 9(1)(b) of the Act as per the purposes and the conditions of the Order, jammer-related activities remain a contravention of the Act and subject to the applicable enforcement provisions provided for in the Act.

The exemption Order will come into force on the day on which it is registered and will cease to have effect on the fifth anniversary of the day on which it comes into force. The exemption Order will repeal the Order previously granted to the RCMP, Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1.

Contact

Director
Broadcast, Coordination and Planning
Spectrum Management Operations Branch
Innovation, Science and Economic Development Canada
235 Queen Street, 6th Floor
Ottawa, Ontario
K1A 0H5
Telephone: 343‑291‑3441
Email: ic.spectrumregulatory-reglementationduspectre.ic@canada.ca

PROPOSED REGULATORY TEXT

Notice is given that the Minister of Industry, pursuant to subsection 14(1) footnote a of the Radiocommunication Act footnote b, proposes to make the annexed Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police).

Interested persons may make representations concerning the proposed Order within 15 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Director, Broadcast, Coordination and Planning Directorate, Spectrum Management Operations Branch, Innovation, Science and Economic Development Canada, 235 Queen Street, 6th Floor, Ottawa, Ontario K1A 0H5 (tel.: 343‑291‑3441; fax: 343‑291‑3492; email: ic.spectrumregulatory-reglementationduspectre.ic@canada.ca).

Ottawa, May 22, 2019

Navdeep Singh Bains
Minister of Industry

Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police)

Interpretation

Definition of Act

1 In this Order, Act means the Radiocommunication Act.

Exemption

Persons to whom the exemption applies

2 (1) Subject to sections 3 to 10, employees of the Royal Canadian Mounted Police Technical Investigation Services, as well as any other employees of the Royal Canadian Mounted Police who are required to install, use, possess, manufacture or import jammers, are exempted from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in the course of their duties or training.

Purposes

(2) The exemption is granted for the following purposes:

Conditions

Information to be provided to Minister

3 (1) Before an employee referred to in subsection 2(1) installs, uses, possesses, manufactures or imports a jammer, the Minister must receive from the Royal Canadian Mounted Police a notice in relation to this Order that is signed by an authorized person and contains the following information:

Requirement to update

(2) If any of the information provided under subsection (1) changes, the Royal Canadian Mounted Police must provide updated information to the Minister as soon as feasible.

Training

4 An employee referred to in subsection 2(1) must have received or be receiving training in relation to each activity referred to in that subsection that they undertake.

Follow directives

5 An employee referred to in subsection 2(1) must follow the Technical Investigation Services directives that apply to jammers.

Restriction of interference or obstruction

6 Every reasonable effort must be made to restrict a jammer’s interference with or obstruction of radiocommunication to the smallest physical area, the fewest number of radio frequencies, the appropriate power level and the minimum duration required to accomplish the intended purpose.

Minimize emissions and exposure

7 The installation or use of a jammer must be done in a manner that minimizes unwanted emissions and the exposure of any person to radiofrequency fields.

Jammer characteristics

8 A jammer must allow for adjustments to power levels and to the radiofrequencies that it can interfere with or obstruct.

Storage and prevention of unauthorized access

9 An employee referred to in subsection 2(1) must ensure that any jammer for which they are responsible

Records relating to use

10 The Royal Canadian Mounted Police must maintain records indicating, for each use of a jammer by one of its employees,

Cessation of Effect

Five years after coming into force

11 This Order ceases to have effect on the fifth anniversary of the day on which it comes into force.

Repeal

12 The Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1 footnote 1 is repealed.

Coming into Force

Registration

13 This Order comes into force on the day on which it is registered.