Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police): SOR/2019-269
Canada Gazette, Part II, Volume 153, Number 15
Registration
SOR/2019-269 July 2, 2019
RADIOCOMMUNICATION ACT
The Minister of Industry, pursuant to subsection 14(1) footnote a of the Radiocommunication Act footnote b, makes the annexed Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police).
Ottawa, June 25, 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:
- (a) national security;
- (b) public safety, including with respect to penitentiaries and prisons;
- (c) international relations;
- (d) the investigation or prosecution of offences in Canada, including the preservation of evidence; and
- (e) protection of property, or the prevention of serious harm to any person.
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:
- (a) the postal and electronic addresses, telephone number and fax number of the headquarters or centre of operations where responsibility for jammers will principally be exercised; and
- (b) the name, title, postal and electronic addresses, telephone number and fax number of the resource person who is responsible for jammers.
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
- (a) is accessible only to persons who are exempted from the prohibition in subsection 4(4) of the Act; and
- (b) when not in use, is turned off and stored in a secure location, including when it is being transported.
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,
- (a) the place and date and, if possible, the time at which the jammer was used;
- (b) the radiofrequencies that were interfered with or obstructed; and
- (c) the purposes listed in subsection 2(2) for which the jammer was used.
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.
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, 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 the 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 exempted 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 6, 2015, and ending five years after that day.
Objective
The objective of this Order 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 replaces the Order previously granted to the RCMP in February 2015.
Description
In accordance with subsection 14(1) of the Act, the Order exempts 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 applies 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 allows 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 allows 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 Order, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this Order, 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.
This Order was prepublished in the Canada Gazette, Part I, on June 1, 2019, for a 15-day public comment period, and no comments were received.
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 are 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 repeals 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