Radiocommunication Act (R.S.C., 1985, c. R-2)

Act current to 2018-07-05 and last amended on 2017-09-21. Previous Versions

Marginal note:Powers of inspectors
  •  (1) An inspector who is appointed under paragraph 5(1)(j) may, subject to subsection (2),

    • (a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, and examine the document, information or thing or remove it for examination or reproduction;

    • (b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;

    • (c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

    • (d) use any copying equipment or means of communication in the place.

  • Marginal note:Certificate

    (1.1) An inspector shall be provided with a certificate of appointment which is to be presented at the request of any person appearing to be in charge of any place entered by the inspector.

  • Marginal note:Dwelling-houses

    (2) Where a place referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except

    • (a) under the authority of a warrant issued under subsection (3), or

    • (b) where, by reason of exigent circumstances, it would not be practical for the inspector to obtain a warrant

    and, for the purposes of paragraph (b), exigent circumstances include circumstances in which the delay necessary to obtain a warrant would result in danger to human life or safety or the loss or destruction of evidence.

  • Marginal note:Authority to issue warrant

    (3) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions spec­ified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place described in paragraph (1)(a);

    • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act; and

    • (c) entry has been refused by, or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

  • Marginal note:Use of force

    (4) In executing a warrant issued under subsection (3), an inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

  • Marginal note:Assistance to inspectors

    (5) The owner or person in charge of a place entered by an inspector shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Act, and shall give the inspector any information that the inspector reasonably requests.

  • Marginal note:Information requirement

    (5.1) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

  • Marginal note:Obstruction, false information

    (6) Where an inspector is carrying out duties under this Act, no person shall

    • (a) resist or wilfully obstruct the inspector; or

    • (b) knowingly make a false or misleading statement, either orally or in writing, to the inspector.

  • 1989, c. 17, s. 6;
  • 2014, c. 39, s. 178.
Marginal note:Seizure
  •  (1) An inspector may seize and detain any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer that they have reasonable grounds to believe is or was used to contravene any provision of this Act or the regulations or is related to the contravention of a provision of the Act or the regulations.

  • Marginal note:Detention

    (2) Any thing that is seized under subsection (1) is not to be detained

    • (a) after the applicable provisions of this Act or the regulations have, in the opinion of an inspector, been complied with; or

    • (b) after the expiry of 60 days after the day on which the thing is seized, unless before that time

      • (i) the seized thing has been forfeited under section 8.3 or 13,

      • (ii) proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are concluded, or

      • (iii) notice of an application for an order extending the time during which the seized thing may be detained has been given in accordance with subsection 8.2(1).

  • Marginal note:Storing of seized things

    (3) Any thing seized under subsection (1) may, at the option of an inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by or at the direction of an inspector.

  • Marginal note:Prohibition

    (4) No person shall, without the permission of an inspector, remove, alter or interfere in any way with any thing seized under this section.

  • 2014, c. 39, s. 179.
Marginal note:Application to extend period of detention
  •  (1) If proceedings have not been instituted, the Minister may, before the expiry of 60 days after the day on which the thing is seized and after giving notice to the owner of the seized thing or to the person in whose possession it was at the time of seizure, apply to any superior court of competent jurisdiction for an order extending the time during which the seized thing may be detained.

  • Marginal note:Order of extension granted

    (2) If, on the hearing of an application made under subsection (1), the court is satisfied that the thing seized should continue to be detained, the court shall order that it be detained for the additional period that the court considers appropriate and that, on the expiry of that period, it be restored to the person from whom it was seized or to any other person entitled to its possession unless before the expiry of that period, subparagraph 8.1(2)(b)(i) or (ii) applies.

  • 2014, c. 39, s. 179.
Marginal note:Forfeiture on consent

 The owner or the last person in lawful possession of any radio apparatus, interference-causing equipment, radio-sensitive equipment or jammer may, at any time, consent in writing to its forfeiture to Her Majesty.

  • 2014, c. 39, s. 179.

Offences and Punishment

Marginal note:Prohibitions
  •  (1) No person shall

    • (a) knowingly send, transmit or cause to be sent or transmitted any false or fraudulent distress signal, message, call or radiogram of any kind;

    • (b) without lawful excuse, interfere with or obstruct any radiocommunication;

    • (c) decode an encrypted subscription programming signal or encrypted network feed otherwise than under and in accordance with an authorization from the lawful distributor of the signal or feed;

    • (d) operate a radio apparatus so as to receive an encrypted subscription programming signal or encrypted network feed that has been decoded in contravention of paragraph (c); or

    • (e) retransmit to the public an encrypted subscription programming signal or encrypted network feed that has been decoded in contravention of paragraph (c).

  • Marginal note:Prohibition

    (1.1) Except as prescribed, no person shall make use of or divulge a radio-based telephone communication

    • (a) if the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made; and

    • (b) unless the originator, or the person intended by the originator to receive the communication consents to the use or divulgence.

  • Marginal note:Idem

    (2) Except as prescribed, no person shall intercept and make use of, or intercept and divulge, any radiocommunication, except as permitted by the originator of the communication or the person intended by the originator of the communication to receive it.

  • Marginal note:Exceptions

    (3) Subsection (2) does not apply in respect of radiocommunication that consists of broadcasting, a subscription programming signal or a network feed.

  • 1989, c. 17, s. 6;
  • 1991, c. 11, s. 83;
  • 1993, c. 40, s. 24.
 
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