Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1

SOR/2015-36

RADIOCOMMUNICATION ACT

Registration 2015-02-06

Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1

The Minister of Industry, pursuant to subsection 14(1)Footnote a of the Radiocommunication ActFootnote b, makes the annexed Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1.

Ottawa, February 3, 2015

JAMES MOORE
Minister of Industry

Interpretation

Definition of Act

 In this Order, Act means the Radiocommunication Act.

Exemption

Marginal note:RCMP employees

 Subject to sections 3 to 7, employees of the Royal Canadian Mounted Police Technical Investigation Services Branch, as well as other employees of the Royal Canadian Mounted Police who are required, as part of their duties or training, to install, use, possess, manufacture or import a jammer and to follow any applicable directives from that Branch in relation to jammers, are exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act during the period beginning on the day on which this Order comes into force and ending five years after that day in respect of their installation, use, possession, manufacturing or importation of any jammer, if they are trained in relation to those activities or are in the process of receiving such training.

Conditions

Marginal note:Permitted purposes
  •  (1) The exemption applies only if, in the case of an exemption from the application of subsection 4(4) of the Act, the jammer is installed, used, possessed, manufactured or imported or, in the case of an exemption from the application of paragraph 9(1)(b) of the Act, the radiocommunication is interfered with or obstructed, for any of the following purposes:

    • (a) national security;

    • (b) public safety;

    • (c) international relations;

    • (d) the investigation or prosecution of offences in Canada, including the preservation of evidence; or

    • (e) the protection of property or the prevention of serious harm to any person.

  • Marginal note:Limitation

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

Marginal note:Jammer characteristics

 The jammer must allow for adjustments to power levels and affected frequencies.

Marginal note:Installation and use

 An employee who installs or uses a jammer must do so in a manner that minimizes unwanted emissions and radio interference as well as the exposure of any person to radiofrequency fields.

Marginal note:Possession

 An employee who possesses a jammer must

  • (a) ensure that it is turned off and stored in a secure location when it is not in use, including when it is being transported; and

  • (b) at all times prevent access to it by a person who is not exempt from the application of subsection 4(4) of the Act.

Marginal note:Information to Industry Canada

 The Royal Canadian Mounted Police must

  • (a) maintain records of when and where jammers are used by its employees and allow those records to be examined on request by Industry Canada; and

  • (b) provide to Industry Canada, on request, any information that Industry Canada requires for the purpose of investigating any cases of radio interference that may be the result of jammer use by Royal Canadian Mounted Police employees.

Coming into Force

Marginal note:Registration

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

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