Radiocommunication Act Exemption Order (Jammers — Department of National Defence and Canadian Forces) (SOR/2024-7)

Marginal note:Persons to whom exemption applies

• 2 (1) Subject to any applicable conditions set out in sections 4 to 11, the following persons are exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act:

  • (a) His Majesty in right of Canada as represented by the Minister of National Defence as well as any employee of the Department of National Defence and any officer or non-commissioned member of the Canadian Forces who is required in the course of their duties or training to install, use, possess, manufacture, import, distribute or lease a jammer for a purpose referred to in subsection (2);

  • (b) His Majesty in right of Canada as represented by any other officer or servant of His Majesty who is required in the course of their duties or training, under the supervision of a person referred to in paragraph (a), to carry out an activity referred to in that paragraph for a purpose referred to in subsection (2);

  • (c) His Majesty in right of Canada as represented by the Minister of Public Works and Government Services as well as any employee of the Department of Public Works and Government Services who is required in the course of their duties to import a jammer on behalf of the Department of National Defence for a purpose referred to in subsection (2); and

  • (d) any member of a foreign military force present in Canada under an international arrangement who is required in the course of their duties or training, under the supervision of a person referred to in paragraph (a), to install, use, possess, import or distribute a jammer for a purpose referred to in subsection (3).

• Marginal note:Purposes — paragraph (1)(a), (b) or (c)

  (2) The exemption is granted under paragraph (1)(a), (b) or (c) for the following purposes:

  • (a) national security;

  • (b) public safety, including with respect to penitentiaries and prisons;

  • (c) national defence;

  • (d) international relations;

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

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

• Marginal note:Purposes — paragraph (1)(d)

  (3) The exemption is granted under paragraph (1)(d) for the following purposes:

  • (a) national defence;

  • (b) international relations; or

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