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

Act current to 2017-09-27 and last amended on 2017-09-21. Previous Versions

Marginal note:Penalties

 Every person who contravenes subsection 9(1.1) or (2) is guilty of an offence punishable on summary conviction and liable

  • (a) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year, or to both; and

  • (b) in the case of a person other than an individual, to a fine not exceeding seventy-five thousand dollars.

  • 1993, c. 40, s. 25.
Marginal note:Offences
  •  (1) Every person who

    • (a) contravenes section 4 or paragraph 9(1)(a) or (b),

    • (b) without lawful excuse, manufactures, imports, distributes, leases, offers for sale, sells, installs, modifies, operates or possesses any equipment or device, or any component thereof, under circumstances that give rise to a reasonable inference that the equipment, device or component has been used, or is or was intended to be used, for the purpose of contravening section 9,

    • (c) contravenes or fails to comply with an order issued by the Minister under paragraph 5(1)(l),

    • (c.1) contravenes subsection 5(1.5), or

    • (d) contravenes or fails to comply with a regulation, where no punishment is prescribed by regulations made under paragraph 6(1)(r) for that contravention or failure to comply,

    is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both, or, in the case of a corporation, to a fine not exceeding twenty-five thousand dollars.

  • Marginal note:Offences

    (2) Every person is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars, who

    • (a) contravenes or fails to comply with subsection 8(5) or (6) or 8.1(4); or

    • (b) does not submit the information required by the inspector under subsection 8(5.1).

  • Marginal note:Idem

    (2.1) Every person who contravenes paragraph 9(1)(c) or (d) is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months, or to both, or, in the case of a corporation, to a fine not exceeding twenty-five thousand dollars.

  • Marginal note:Idem

    (2.2) Every person who contravenes paragraph 9(1)(e) is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding one year, or to both, or, in the case of a corporation, to a fine not exceeding two hundred thousand dollars.

  • Marginal note:Exception

    (2.3) No person who decodes an encrypted subscription programming signal in contravention of paragraph 9(1)(c) shall be convicted of an offence under that paragraph if the lawful distributor had the lawful right to make the signal available, on payment of a subscription fee or other charge, to persons in the area where the signal was decoded but had not made the signal readily available to those persons.

  • Marginal note:Not lawful excuse

    (2.4) Nothing in subsection (2.3) shall constitute a lawful excuse for any person to manufacture, import, distribute, lease, offer for sale or sell any equipment or device, or any component thereof, in contravention of paragraph (1)(b).

  • Marginal note:Due diligence

    (2.5) No person shall be convicted of an offence under paragraph 9(1)(c), (d) or (e) if the person exercised all due diligence to prevent the commission of the offence.

  • Marginal note:Continuing offence

    (3) Where an offence under this section is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

  • Marginal note:Injunctions

    (4) Where a court of competent jurisdiction is satisfied, on application by the Minister, that an offence under paragraph (1)(a) is being or is likely to be committed, the court may grant an injunction, subject to such conditions as the court considers appropriate, ordering any person to cease or refrain from any activity related to that offence.

  • Marginal note:Federal Court

    (5) For the purposes of subsection (4), the Federal Court is a court of competent jurisdiction.

  • Marginal note:Limitation

    (6) A prosecution for an offence under this Act may be commenced within, but not after, three years after the day on which the subject-matter of the offence arose.

  • 1989, c. 17, s. 6;
  • 1991, c. 11, s. 84;
  • 2014, c. 39, s. 180.
Marginal note:Liability of directors, etc.

 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to or acquiesced or participated in the commission of the offence is a party to and guilty of the offence, and is liable to the punishment provided for that offence in respect of an individual, whether or not the corporation has been prosecuted or convicted.

  • 1989, c. 17, s. 6.
Marginal note:Ticket offences
  •  (1) The Governor in Council may make regulations designating any offence under this Act as an offence in respect of which

    • (a) any person appointed as an inspector may issue and serve a summons by completing a ticket in the prescribed form, signing it and

      • (i) delivering it to the accused at the time the offence is alleged to have been committed, or

      • (ii) mailing it to the accused at the accused’s latest known address, and

    • (b) the information may be laid after the ticket is delivered or mailed,

    and any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each such offence.

  • Marginal note:Fines

    (2) A fine prescribed by regulations made under subsection (1) in respect of an offence may be lower for a first offence than for a subsequent offence, but in no case shall it be greater than one thousand dollars.

  • Marginal note:Failure to respond to ticket

    (3) Where a person to whom a ticket is delivered or mailed does not enter a plea within the prescribed time, a justice shall examine the information referred to in subsection (1) and

    • (a) if the information is complete and regular on its face, the justice shall enter a conviction in the person’s absence and impose a fine of the prescribed amount; or

    • (b) if the information is not complete and regular on its face, the justice shall quash the proceedings.

  • 1989, c. 17, s. 6.
Marginal note:Forfeiture of radio apparatus
  •  (1) In the case of a conviction for an offence under paragraph 10(1)(a), any radio apparatus in relation to which or by means of which the offence was committed may be forfeited to Her Majesty in right of Canada by order of the Minister for such disposition, subject to subsections (2) to (6), as the Minister may direct.

  • Marginal note:Notice of forfeiture

    (2) Where a radio apparatus is ordered to be forfeited under subsection (1), the Minister shall cause a notice of the forfeiture to be published in the Canada Gazette.

  • Marginal note:Application by person claiming interest

    (3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest in the apparatus as owner, mortgagee, lien holder or holder of any like interest may, within thirty days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), whereupon the court shall fix a day for the hearing of the application.

  • Marginal note:Notice

    (4) An applicant for an order under subsection (6) shall, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest in the apparatus that is the subject-matter of the application as owner, mortgagee, lien holder or holder of any like interest of whom the applicant has knowledge.

  • Marginal note:Notice of intervention

    (5) Every person, other than the Minister, who is served with a notice under subsection (4) and who intends to appear at the hearing of the application to which the notice relates shall, at least ten days before the day fixed for the hearing, file an appropriate notice of intervention in the record of the court and serve a copy thereof on the Minister and on the applicant.

  • Marginal note:Order declaring nature and extent of interests

    (6) Where, on the hearing of an application under this section, the court is satisfied that the applicant, or the interveners, if any, or any of them,

    • (a) are innocent of any complicity and collusion in any conduct that caused the apparatus to be subject to forfeiture, and

    • (b) in the case of owners, exercised all reasonable care in respect of the persons permitted to obtain possession and use of the apparatus to satisfy themselves that it was not likely to be used in the commission of an offence under paragraph 10(1)(a),

    any applicant or intervener in respect of whom the court is so satisfied is entitled to an order declaring that his interest is not affected by the forfeiture and declaring the nature and extent of his interest and the priority of his interest in relation to other interests recognized pursuant to this subsection, and the court may, in addition, order that the apparatus to which the interests relate be delivered to one or more of the persons found to have an interest therein, or that an amount equal to the value of each of the interests so declared be paid to the persons found to have those interests.

  • 1989, c. 17, s. 6.
 
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