Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police): SOR/2024-94

Canada Gazette, Part II, Volume 158, Number 12

Registration
SOR/2024-94 May 23, 2024

RADIOCOMMUNICATION ACT

The Minister of Industry makes the annexed Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) under subsection 14(1)footnote a of the Radiocommunication Act footnote b.

Ottawa, May 17, 2024

François-Philippe Champagne
Minister of Industry

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

Definition

Definition of Act

1 In this Order, Act means the Radiocommunication Act.

Exemptions

Employees of Royal Canadian Mounted Police

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

His Majesty in right of Canada

(2) His Majesty in right of Canada, as represented by any employee referred to in subsection (1), is exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in respect of the activities referred to in subsection (1).

Public Works and Government Services

(3) The Minister of Public Works and Government Services and employees of the Department of Public Works and Government Services who are required to import jammers on behalf of the Royal Canadian Mounted Police in the course of their duties are exempt from the application of subsection 4(4) of the Act in respect of that importation.

His Majesty in right of Canada

(4) His Majesty in right of Canada, as represented by the Minister of Public Works and Government Services and any employee referred to in subsection (3), is exempt from the application of subsection 4(4) of the Act in respect of the importation referred to in subsection (3).

Response to solicitation of bids

(5) A person or entity is exempt from the application of subsection 4(4) of the Act in respect of the offering for sale of a jammer if the offer is in response to a solicitation of bids in relation to the provision of jammers to the Royal Canadian Mounted Police.

Suppliers — Royal Canadian Mounted Police

(6) Subject to sections 6 to 11, any person or entity that has entered into a contract with the Government of Canada for the provision of jammers, or services related to jammers, to the Royal Canadian Mounted Police or that performs any part of the work under that contract or any related subcontract — and that is required to install, use, possess, manufacture, import, distribute, offer for sale or sell a jammer in accordance with the terms of that contract — is exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in respect of those activities.

Purposes

(7) The exemptions under subsections (1) to (6) are granted for the following purposes:

Conditions

Notice

3 (1) Before the exemption under subsection 2(1) is invoked, the Royal Canadian Mounted Police must provide a written notice to the Minister that contains the following information:

Information — update and confirm

(2) The Royal Canadian Mounted Police must

Training

4 An employee who carries out an activity under the exemption set out in subsection 2(1) must have received or be receiving specialized training in relation to that activity.

Access to directives

5 The Royal Canadian Mounted Police must ensure that

Restriction of interference or obstruction

6 An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(6) must make every reasonable effort 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 An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(6) that installs or uses a jammer must do so in a manner that minimizes unwanted emissions and the exposure of any person to radiofrequency fields.

Jammer characteristics

8 Any jammer that is used for the purposes of the exemption under subsection 2(1) or (6) must allow for adjustments to power levels and to the radiofrequencies that it can interfere with or obstruct.

Prevention of unauthorized access and storage

9 An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(6) 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 or by a person or entity referred to in subsection 2(6),

Suppliers — Royal Canadian Mounted Police

11 A person or entity referred to in subsection 2(6) must not use a jammer except in the following circumstances:

Repeal

12 The Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) 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 to 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 a radio authorization has been issued.

In 2014, amendments were made to the Act, which defined jammers and 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 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 purposes such as public safety and national security.

In July 2019, the Minister of Industry issued Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) (SOR/2019-269), which exempted employees of the RCMP’s Technical Investigation Services Branch, as well as other employees of the RCMP, from the jammer-related prohibitions found in the Act in accordance with the purposes and the conditions of that order.

Objective

The objective of this Exemption Order (the Order) is to exempt from the jammer-related prohibitions in the Act, subject to conditions, employees of the RCMP’s Technical Investigation Services and other employees of the RCMP who are required to install, use, possess, manufacture, import, or distribute jammers. Additionally, the exemption extends to employees of the Department of Public Works and Government Services (PWGSC) in situations where they are required to import jammers, as well as suppliers and subcontracted suppliers of goods and services related to jammers for the RCMP in certain situations. This Order is replacing the order previously granted to the RCMP in July 2019.

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’s Technical Investigation Services and employees of the RCMP who are required to install, use, possess, manufacture, import, or distribute jammers in the course of their duties or training which may include testing of jammers. The exemption will also apply to the Minister and employees of PWGSC in situations where they are required to import jammers on behalf of the RCMP. The exemption will also extend to suppliers and subcontracted suppliers who provide jammers, or services related to jammers to the RCMP. Lastly, the exemption will apply to His Majesty in Right of Canada in certain cases where RCMP or PWGSC employees mentioned above may be acting on the Crown’s behalf. There is no specific expiry associated with this Order, noting that it can be amended or repealed at any time.

The Order only allows jammer-related activities to be carried out for certain of the purposes identified in subsection 14(1) of the Act, specifically national security, public safety, including with respect to 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, as well as suppliers and subcontracted suppliers, must meet conditions in order to benefit from the exemption it provides. These conditions include a requirement that every reasonable effort be made to restrict the jammer’s interference with or obstruction of radiocommunication in specific ways. There are also conditions that require the minimization of emissions and exposure from jammer use and the secure storage of jammers. In addition, there is a requirement for the RCMP to provide ISED with the contact information of the individuals responsible for its jammers. Having this information will allow ISED inspectors and staff to know whom to contact in the context of (a) radio interference investigations; and (b) verifications of compliance with the conditions set out in the Order.

The manufacturing of jammers in Canada by suppliers and subcontracted suppliers of jammers and related services, as well as other jammer-related activities, are exempted under this Order only in relation to specific contracts with the RCMP or any related subcontract. ISED continues to investigate associated considerations and will work with stakeholders to develop a framework for jammer-related activities, such as manufacturing, outside of such contracts.

Regulatory development

Consultation

Public consultations on the general use of radiocommunication jamming devices were held in 2001. The consultation elicited over 200 submissions from individual Canadians and some 30 submissions by Canadian companies and industry associations. The comments received 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. The results of those consultations supported the amendments to the Act in 2014, which provide clear prohibitions of jammers in Canada and the current framework for limited, regulated exemptions from these prohibitions.

The need to effectively regulate technologies that may adversely affect the use of spectrum, such as jammers, was also highlighted in a recommendation developed following an expansive Broadcasting and Telecommunications Legislative Review held between 2018 and 2020. The recommendation noted that the Minister of Industry should have the authority to set conditions of use, to limit the use of, or prohibit some technologies if their use unduly impacted the use of spectrum. The recommendation also included that the definitions and prohibitions in the Act should be reviewed to ensure that all types of apparatus, systems, or any other thing that affect safe, secure, reliable, and interference-free radiocommunication in Canada are included in the Act’s scope.

The RCMP was consulted on this regulatory exemption to ensure that the Order continues to enable it to fulfill its lawful duties and includes the appropriate safeguards to minimize unwanted interference, recognizing the importance that Canadians attribute to having interference-free wireless communications.

The proposal for an updated exemption order for the RCMP was prepublished in the Canada Gazette, Part I, on December 30, 2023, for a 30-day comment period. Comments were received from only one respondent, which outlined concerns falling outside the intent and scope of the Order and were addressed separately with the respondent.

Following the 30-day comment period, the RCMP informed ISED of an operational requirement to include exemptions for PWGSC, as well as suppliers and subcontracted suppliers in certain situations for the procurement of goods and services related to jammers for the RCMP, similar to those that were included in the exemption order for the Department of National Defence, which was registered on January 25, 2024. The exemption order incorporates exemptions, with applicable conditions, to account for these operational requirements.

It was also determined, subsequent to the 30-day comment period, that there would be no benefit to specifying an expiry for this exemption given that this is the third consecutive jammer exemption order issued to the RCMP, there were no substantive comments received during the prepublication period, and the Minister has the authority and discretion to repeal or amend the Exemption Order at any time under subsection 14(1) of the Act. Not having an expiry associated with the exemption order ensures that the RCMP continues to benefit from an exemption to carry out their duties and provides flexibility with respect to the timing of future updates or discontinuation of the Order, as needed, based on requirements by ISED or the RCMP.

Modern treaty obligations and Indigenous engagement and consultation

The initial assessment examined the geographical scope and subject matter of the Order in relation to modern treaties in effect and did not identify any potential modern treaty impacts. The Order will take effect in modern treaty areas, but does not pertain to the key rights areas. As a result, a detailed assessment is not required.

Instrument choice

A ministerial order under subsection 14(1) of the Act is the mechanism used to exempt persons and entities from the jammer-related prohibitions under subsection 4(4) and paragraph 9(1)(b) of the Act. Therefore, it is the most appropriate instrument to achieve the objective of exempting certain RCMP employees, PWGSC employees, as well as suppliers and subcontracted suppliers from the jammer-related prohibitions found in the Act for the specified purposes and subject to prescribed conditions.

An Order by the Governor in Council (GIC) under subsection 3(2) of the Act is another instrument that could be used to exempt the RCMP from the jammer-related provisions in the Act. This type of GIC Order was used for similar purposes prior to 2014, at which time Parliament established an exemption framework explicitly for jammers, prescribing the purposes for which an exemption could be granted, and empowered the Minister to administer the framework.

Regulatory analysis

Benefits and costs

This exemption facilitates the ability of the RCMP to continue carrying out their lawful mandates while continuing to comply with Canadian laws and regulations. All Canadians are expected to benefit from this exemption’s contribution to RCMP’s ability to carry out their lawful mandates.

This Order is cost neutral as this exemption is replacing an existing order previously granted to the RCMP in July 2019.

Businesses acting as suppliers or subcontracted suppliers that provide goods and services related to jammers to the RCMP would be affected by this Order. There is a lack of readily available information related to the potential costs and benefits that could be experienced by these businesses. Quantitative estimates on the magnitude of these costs and benefits and the number or type of businesses that could be impacted are unavailable at this time. This lack of information is in part because the extent of the costs or benefits would depend on the goods or services that would be provided by the supplier or subcontracted supplier, which could vary depending on the contract that they are entering into. The number of businesses impacted could also vary depending on the RCMP’s needs with respect to jammer-related goods and services.

Suppliers and subcontracted suppliers may experience costs to comply with the conditions of the Order. ISED expects that costs experienced by suppliers will be minor compared to the financial benefits they may derive from an ability to provide specific jammer-related goods and services that they would otherwise not be able to engage in.

Small business lens

Analysis under the small business lens concluded that the Order has the potential for low-cost impacts to small businesses. Small businesses in Canada may be impacted should they provide goods or services related to jammers to the RCMP pursuant to this Exemption Order. Associated costs would be as a result of compliance with certain conditions of the Exemption Order, such as the requirement to store jammers securely. Estimates of the number of small businesses in Canada that may be impacted is unavailable at this time and may depend on the RCMP’s needs with respect to jammer-related goods and services and the extent to which they participate in related solicitations. The needs of small businesses have been accounted for in the design of this Order by crafting straightforward conditions and avoiding the imposition of complex record keeping or reporting requirements.

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.

Regulatory cooperation and alignment

Canada is not a party to any international agreement whose obligations would need to be satisfied as part of implementing the Order. This Order is not related to a work plan or commitment under a formal regulatory cooperation forum.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary review concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

All Canadians are expected to benefit from this exemption’s contribution to the RCMP’s ability to carry out their mandates. No generational or income-distributional impacts are expected as a result of this exemption, and no direct barriers to access and participation in the benefits of this exemption, or negative impacts, are expected.

Information is unavailable with respect to suppliers or subcontracted suppliers that may provide jammer-related goods and services to the RCMP pursuant to this exemption because they could be domestic or international businesses and have differing circumstances. No generational or income-distributional impacts are expected as a result of this exemption and no direct barriers to access and participation in the benefits of this exemption, or negative impacts, are expected.

Implementation, compliance and enforcement, and service standards

The Order will come into force on the day on which it is registered and will repeal the Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) (SOR/2019-269).

Apart from the classes of persons and entities 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 its purposes and conditions, jammer-related activities will remain a contravention of the Act and subject to the applicable enforcement provisions provided for in the Act. Compliance activities related to this Order will be incorporated into ISED’s existing compliance and enforcement strategies. Further information on the prohibition on jammers in Canada can be found on the Jammers are Prohibited in Canada: That’s the Law webpage, while information on compliance and enforcement can be found on ISED’s website.

There are no service standards with respect to exemption orders related to jammers under the Act.

Contact

Suzanne Macdonald
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: 613‑608‑1645
Email: spectrumregulatory-reglementationduspectre@ised-isde.gc.ca