Radiocommunication Regulations (SOR/96-484)

1 [Repealed, SOR/2021-40, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Radiocommunication Act; (loi)

aeronautical service

aeronautical service means a radiocommunication service that provides for the safety and navigation and other operations of aircraft, and that may also include the exchange of air-to-ground messages on behalf of the public; (service aéronautique)

amateur radio service

amateur radio service means a radiocommunication service in which radio apparatus are used for the purpose of self-training, intercommunication or technical investigation by individuals who are interested in radio technique solely with a personal aim and without pecuniary interest; (service de radioamateur)

applicable standard

applicable standard[Repealed, SOR/2001-533, s. 1]

developmental service

developmental service means a radiocommunication service that provides for research and development, experimentation or demonstration of radio apparatus, or the assessment of the marketability of radio apparatus, new technology or telecommunication services; (service de développement)

equipment

equipment means radio apparatus, interference-causing equipment and radio-sensitive equipment; (matériel)

fixed point-to-point service

fixed point-to-point service means a radiocommunication service that provides for communications on radio frequencies above 30 MHz between two fixed stations that are each authorized to operate at a specific point, other than fixed stations that also operate within the land mobile service on the same radio frequency as the one assigned to the land mobile service; (service point à point fixe)

fixed service

fixed service means a radiocommunication service that provides for communications between fixed stations or between fixed stations and space stations; (service fixe)

fixed station

fixed station means a radio station authorized to operate at a fixed point; (station fixe)

interconnected radio-based transmission facility

interconnected radio-based transmission facility means any radio apparatus that is used for the transmission or reception of intelligence to or from anywhere on a public switched network; (installation de transmission radio d’interconnexion)

intersatellite service

intersatellite service means a radiocommunication service that provides for communications between space stations; (service intersatellite)

joint venture

joint venture means an association of two or more persons, if the relationship among those associated persons does not, under the laws in Canada, constitute a corporation, a partnership or a trust, and if all the undivided ownership interests in the assets of the radiocommunication user and radiocommunication service provider or in the voting interests of the radiocommunication user and radiocommunication service provider are or will be owned by all the persons that are so associated; (coentreprise)

land mobile service

land mobile service means a radiocommunication service that provides for communications between mobile stations and

• (a) fixed stations,

• (b) space stations, or

• (c) other mobile stations; (service mobile terrestre)

manufacturer

manufacturer means

• (a) the person specified as the manufacturer in the applicable standard, or

• (b) where no applicable standard exists or where the manufacturer is not specified in any applicable standard, the person, other than a person whose function is solely to install equipment, who

  • (i) with respect to radio apparatus and interference-causing equipment, carries out the last assembly of or last modification to the model of equipment which could affect its capacity to cause interference to radiocommunication, or

  • (ii) with respect to radio-sensitive equipment, carries out the last assembly of or last modification to the model of equipment which could affect its sensitivity to electromagnetic energy; (fabricant)

maritime service

maritime service means a radiocommunication service that provides for the safety and navigation and other operations of ships or vessels, and that may also include the exchange of ship-to-shore messages on behalf of the public; (service maritime)

Minister

Minister[Repealed, SOR/2021-40, s. 3]

mobile station

mobile station means a radio station intended to be used while in motion and during stops; (station mobile)

model

model means equipment identified by, and permanently marked with, a unique brand, trade name, symbol or logo and an identification code, comprised of letters, numbers or a combination thereof; (modèle)

person

person includes a corporation, partnership, trust and joint venture; (personne)

public information service

public information service means a radiocommunication service that provides for communications in which the transmissions are intended for the public, but does not include transmissions by a broadcasting undertaking; (service d’information publique)

radiocommunication carrier

radiocommunication carrier[Repealed, SOR/2014-34, s. 1]

radiocommunication service provider

radiocommunication service provider means a person who operates radio apparatus used by that person or another person to provide radiocommunication services for compensation; (fournisseur de services radio)

radiocommunication user

radiocommunication user means a person who operates radio apparatus for personal or government use or for a business other than the business of a radiocommunication service provider; (usager radio)

radiodetermination service

radiodetermination service means a radiocommunication service that provides for the determination of the position, velocity or other characteristics of an object or physical phenomenon, or for the obtaining of information relating to these parameters, by means of the propagation properties of radio waves; (service de radiorepérage)

renewable radio licence

renewable radio licence means a radio licence that is issued for a period of one year or less, that expires on March 31 and that can be renewed for a period of one year; (licence radio renouvelable)

space station

space station means a radio station where radio apparatus that is used for any radiocommunication service is installed in a place located outside the major portion of the earth’s atmosphere or is intended to travel beyond the major portion of the earth’s atmosphere; (station spatiale)

TAC

TAC means a technical acceptance certificate; (CAT)

temporary radio licence

temporary radio licence means a radio licence that is issued for a period of 11 months or less and that cannot be renewed. (licence radio temporaire)

Applicable Standards

2.1 The applicable standards for equipment or any class of equipment are those established by the Minister pursuant to paragraph 5(1)(d) of the Act and that are set out in the Category I Equipment Standards List, as amended from time to time, and the Category II Equipment Standards List, as amended from time to time, both published by the Department of Industry.

PART IRadio Licences

Radiocommunication Services and Stations

3 It is a term of a radio licence that the holder of the licence may

• (a) install, operate or possess radio apparatus to perform any of the following services, as authorized by the radio licence, namely,

  • (i) aeronautical service,

  • (ii) amateur radio service,

  • (iii) public information service,

  • (iv) developmental service,

  • (v) fixed service,

  • (vi) intersatellite service,

  • (vii) land mobile service,

  • (viii) maritime service,

  • (ix) radiodetermination service, and

  • (x) fixed point-to-point service; and

• (b) install, operate or possess radio apparatus at a fixed station, mobile station or space station as authorized by the radio licence.

Restriction Relating to Holders of Radio Licences

4 It is a term of a radio licence that the holder of the radio licence shall restrict the activities of the station to those radiocommunication services referred to in paragraph 3(a) that are specified in the licence.

5 It is a term of a radio licence that the holder of the radio licence who is a radiocommunication service provider shall provide its radiocommunication services without unjust discrimination.

Restrictions Relating to the Aeronautical Service

6 Use of radio apparatus in the aeronautical service is restricted to communications relating to

• (a) the safety and navigation of aircraft;

• (b) the general operation of aircraft; and

• (c) the exchange of messages on behalf of the public.

Restrictions Relating to the Developmental Service

7 Use of radio apparatus licensed in the developmental service is restricted to experiments, tests, research or demonstrations being carried out in relation to that service.

Restrictions Relating to the Maritime Service

8 Use of radio apparatus in the maritime service is restricted to communications relating to

• (a) the safety and navigation of ships or vessels;

• (b) the general operation of ships or vessels; and

• (c) the exchange of messages on behalf of the public.

Eligibility

• 9 (1) The following persons are eligible to be issued radio licences or spectrum licences as radiocommunication users or radiocommunication service providers in all services except the amateur radio service:

  • (a) an individual who is

    • (i) a citizen within the meaning of subsection 2(1) of the Citizenship Act,

    • (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration Act, or

    • (iii) a non-resident who has been issued an employment authorization under the Immigration and Refugee Protection Act;

  • (b) a corporation that is incorporated or continued under the laws of Canada or a province;

  • (c) a partnership, joint venture or trust if each partner, co-venturer or trustee is eligible to be issued a radio licence under this subsection;

  • (d) a Canadian government, whether federal, provincial or local, or an agency thereof;

  • (e) the Government of a country other than Canada, which is a signatory to the Vienna Convention on Diplomatic Relations, done at Vienna, April 18, 1961;

  • (f) any person who is the registered owner of an aircraft that is registered in Canada, for the establishment and operation of a station on board the aircraft;

  • (g) any person who is the registered or licensed owner of a ship or vessel that is registered under the Canada Shipping Act or licensed under the Coasting Trade Act, for the establishment and operation of a station on board the ship or vessel; and

  • (h) any person who is a resident of a country other than Canada, who

    • (i) seeks to establish and operate a radio station designed for interconnection with a public switched network, or

    • (ii) requires a radio licence for radio apparatus used for a special event of a limited duration.

• (2) [Repealed, SOR/2000-78, s. 1]

10 [Repealed, SOR/2014-34, s. 3]

10.1 [Repealed, SOR/2014-34, s. 3]

Non-Assignability of Radio Licences

11 It is a term of a radio licence that the licence not be transferred or assigned without the authorization of the Minister.

Stations Licensed or Exempted in Another Country

12 Radio apparatus used in a mobile station that is licensed or exempted by the responsible administration of another country is exempt from the application of subsection 4(1) of the Act if the mobile station is used for communications with stations licensed or exempted in Canada or that other country and if

• (a) the operator is a citizen of that other country; and

• (b) a reciprocal agreement that allows similar privileges to Canadians exists between that other country and Canada.

Radio Licences of Radiocommunication Service Providers

• 13 (1) It is a term of a radio licence of a radiocommunication service provider that a subscriber to the services or a lessee of radio apparatus of the radiocommunication service provider may install, operate or possess radio apparatus to communicate with other radio apparatus to which that licence applies.

• (2) Use of the services or radio apparatus of a radiocommunication service provider is restricted to communications with radio apparatus to which the radio licence referred to in subsection (1) applies.

• 14 (1) Every radiocommunication service provider shall provide to each of its subscribers and lessees of its radio apparatus a copy of the terms and conditions of its radio licence that are applicable to those subscribers or lessees, as the case may be.

• (2) [Repealed, SOR/2011-47, s. 3]

Exemption

15 Radio apparatus that is set out in and meets a standard set out in the Licence-exempt Radio Apparatus Standards List, April 2020 is exempt from the application of subsection 4(1) of the Act in respect of a radio licence.