Radiocommunication Regulations (SOR/96-484)

35 The holder of a radio operator certificate set out in column I of an item of Schedule I has the same operating privileges as the holder of a radio operator certificate set out in column II of that item.

36 The holder of a radio operator certificate set out in column I of an item of Schedule II may operate radio apparatus that forms part of a radio station set out in column II of that item.

37 [Repealed, SOR/2014-34, s. 5]

Proof of Radio Authorization

38 The holder of a radio authorization shall, at the request of an inspector appointed pursuant to the Act, show the radio authorization or a copy thereof to the inspector within 48 hours after the request.

Operation, Repair and Maintenance of Radio Apparatus on behalf of Another Person

39 A person may install, place in operation, modify, repair, maintain or permit the operation of radio apparatus on behalf of another person only where, if a radio licence is required,

• (a) that other person has obtained a radio licence; and

• (b) the person does so in accordance with the terms of the radio licence.

Assignment of Frequencies

40 The assignment of a frequency or frequencies to a holder of a radio authorization does not confer a monopoly on the use of the frequency or frequencies, nor shall a radio authorization be construed as conferring any right of continuing tenure in respect of the frequency or frequencies.

Identification

41 The holder of a radio licence shall identify the radio station in respect of which the licence was issued in accordance with the Technical Requirements Respecting Identification of Radio Stations, issued by the Minister, as amended from time to time.

Operation in the Amateur Radio Service

Operating Qualifications

42 An individual may operate radio apparatus in the amateur radio service if the individual is the holder of one or more of the following certificates or licences:

• (a) an Amateur Radio Operator Certificate with Basic Qualification;

• (b) [Repealed, SOR/2020-278, s. 4]

• (c) [Repealed, SOR/2020-278, s. 4]

• (d) [Repealed, SOR/2020-278, s. 4]

• (e) a Radiotelephone Operator’s General Certificate (Aeronautical);

• (f) a Radiotelephone Operator’s General Certificate (Maritime);

• (g) a Radiotelephone Operator’s General Certificate (Land);

• (h) [Repealed, SOR/2020-278, s. 4]

• (i) a radio licence in the amateur radio service and an amateur radio operator authorization, issued by the responsible administration of a country other than Canada, if

  • (i) the individual is a citizen of that country, and

  • (ii) a reciprocal arrangement that allows similar privileges to Canadians exists between that other country and Canada; and

• (j) a radio licence for a radio station in the amateur radio service issued to a citizen of the United States by the Government of the United States.

Installation and Operating Restrictions

43 [Repealed, SOR/2000-78, s. 4]

44 A person who operates radio apparatus in the amateur radio service must hold an Amateur Radio Operator Certificate with Advanced Qualification in order to

• (a) install or operate a transmitter or a radio frequency amplifier that is not commercially manufactured, for use in the amateur radio service; or

• (b) install any radio apparatus to be used specifically

  • (i) for receiving and automatically retransmitting radiotelephone communications within the same frequency band, or

  • (ii) for an amateur radio club station.

Technical Requirements

45 A person shall operate radio apparatus in the amateur radio service in accordance with the technical requirements set out in the Standards for the Operation of Radio Stations in the Amateur Radio Service, issued by the Minister, as amended from time to time.

Participation in Communications

• 46 (1) Any person may participate in the operation of radio apparatus in the amateur radio service under the supervision and in the presence of an individual referred to in section 42.

• (2) A holder of a certificate or licence referred to in section 42 may

  • (a) permit any person who does not hold such a certificate or licence to operate radio apparatus, subject to compliance with the terms and conditions of that holder’s certificate or licence; and

  • (b) permit the participation in the operation referred to in paragraph (a) by any person only in accordance with subsection (1).

Communications with Radio Apparatus in the Amateur Radio Service

47 A person who operates radio apparatus in the amateur radio service may only

• (a) communicate with a radio station that operates in the amateur radio service;

• (b) use a code or cipher that is not secret; and

• (c) be engaged in communication that does not include the transmission of

  • (i) music,

  • (ii) commercially recorded material,

  • (iii) programming that originates from a broadcasting undertaking, or

  • (iv) radiocommunications in support of industrial, business or professional activities.

Emergency Communications

48 In a real or simulated emergency, a person operating radio apparatus in the amateur radio service may only communicate with a radio station that is in the amateur radio service in order to transmit a message that relates to the real or simulated emergency on behalf of a person, government or relief organization.

Remuneration

49 A person who operates radio apparatus in the amateur radio service shall do so without demanding or accepting remuneration in any form in respect of a radiocommunication that the person transmits or receives.

PART VIInterference

Determination of Interference for a Model of Equipment

• 50 (1) This section applies to

  • (a) equipment whether or not it complies with applicable standards; and

  • (b) equipment for which no applicable standard exists.

• (2) Where the Minister, taking into account the factors mentioned in subsection (5), determines that a model or several models of equipment cause or are likely to cause interference to radiocommunication or suffer from or are likely to suffer from adverse effects of electromagnetic energy, the Minister shall give notice of the determination to persons who are likely to be affected thereby.

• (3) No person shall manufacture, import, distribute, lease, offer for sale, sell, install or use equipment in respect of which a notice referred to in subsection (2) has been given.

• (4) Subsection (3) does not apply in respect of equipment that is manufactured or imported solely for export purposes.

• (5) A determination pursuant to subsection (2) shall include the consideration of the following factors:

  • (a) the electromagnetic environment in which the equipment is being used;

  • (b) the circumstances under which it is being used;

  • (c) the technical characteristics of the devices being interfered with or being adversely affected by electromagnetic energy; and

  • (d) the technical characteristics of the devices causing interference or the adverse effects of electromagnetic energy.

51 A determination under section 50 does not apply to a determination under paragraph 5(1)(l) of the Act.

Determination of Interference other than Harmful Interference

• 52 (1) If the Minister, taking into account the factors referred to in subsection (2), determines that a radio apparatus causes or suffers from interference other than harmful interference or adverse effects of electromagnetic energy, the Minister shall, if it is necessary for the purpose of ensuring the orderly development and efficient operation of radiocommunication in Canada, order the persons in possession or control of the radio apparatus to cease or modify operation of the radio apparatus until it can be operated without causing or being affected by that interference or those adverse effects.

• (2) A determination pursuant to subsection (1) shall consider the following factors:

  • (a) the electromagnetic environment in which the radio apparatus is being used;

  • (b) the circumstances under which it is being used;

  • (c) the technical characteristics of the devices being interfered with or being adversely affected by electromagnetic energy; and

  • (d) the technical characteristics of the devices causing interference or the adverse effects of electromagnetic energy.

• 53 (1) A determination under section 52 does not apply to a determination under paragraph 5(1)(l) of the Act.

• (2) No person shall operate radio apparatus contrary to an order made under subsection 52(1).

PART VIIPrivacy of Communications

Prescribed Exceptions

• 54 (1) The exceptions set out in subsection (2) apply to

  • (a) a person who makes use of or divulges a radio-based telephone communication; and

  • (b) a person who intercepts and makes use of or intercepts and divulges any radiocommunication.

• (2) The persons referred to in subsection (1) are excepted from the prohibitions set out in subsections 9(1.1) and (2) of the Act where the use or divulgation, or interception and use or interception and divulgation, as the case may be, is made

  • (a) for the purpose of preserving or protecting any property, or the prevention of serious harm to any person, including the bringing of emergency assistance to any person;

  • (b) in the course of or for the purposes of giving evidence in any criminal or civil proceeding or in any other proceeding in which the persons may be required to give evidence on oath;

  • (c) by a peace officer, prosecutor, officer of the court or other public official, or by a person who discloses the communication to such an official, for the purpose of the investigation or prosecution of an alleged contravention of any law of Canada or a province or in the interests of the administration of justice; or

  • (d) on behalf of Her Majesty in right of Canada for the purposes of international affairs or national defence or security.

• (3) In addition to being excepted where appropriate under the circumstances referred to in subsection (2), the following persons are also excepted from the prohibitions referred to in that subsection in the following circumstances:

  • (a) an officer or servant of Her Majesty in right of Canada, where the officer or servant makes use of or divulges a radio-based telephone communication, or intercepts and makes use of, or intercepts and divulges, a radiocommunication, as the case may be, in the course of radio frequency spectrum management for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission; or

  • (b) an officer or servant of Her Majesty in right of Canada or a person providing a communication service, where the officer, servant or person makes use of or divulges a radio-based telephone communication, intercepts and makes use of, or intercepts and divulges, a radiocommunication, as the case may be, in the course of monitoring radiocommunications for the purpose of ensuring the security and integrity of communications and communication systems.

PART VIIIFees

Interpretation

55 For the purposes of this Part,

broadband personal communications services radio frequencies

broadband personal communications services radio frequencies[Repealed, SOR/2021-40, s. 5]

cellular mobile radio frequencies

cellular mobile radio frequencies[Repealed, SOR/2021-40, s. 5]

congestion zone

congestion zone means the geographical area where a station is located and is described as a low congestion zone, a medium congestion zone or a high congestion zone; (zone d’encombrement)

coverage area

coverage area means the geographic area over which a radio signal is propagated as is determined by the terrain, antenna height, effective radiated power, frequency, or other technical characteristics that may affect the path or field strength level of the signal; (zone de couverture)

high congestion zone

high congestion zone means, in respect of a regional area set out in column I of an item of Schedule V, the area bounded by the geographical coordinates set out in columns II to X of that item; (zone d’encombrement intense)

link

link means the spectrum dedicated to an assigned radio frequency that is used to communicate between two stations; (liaison)

low congestion zone

low congestion zone means any area that is not a medium congestion zone or a high congestion zone; (zone d’encombrement faible)

medium congestion zone

medium congestion zone means, in respect of a regional area set out in column I of an item of Schedule VI, the area bounded by the geographical coordinates set out in columns II to XI of that item, but does not include any area that is included in a high congestion zone; (zone d’encombrement moyen)

metropolitan area

metropolitan area means, in respect of a metropolitan area set out in column I of an item of Schedule IV, the geographical area bounded by the north latitude in the range between the limits set out in columns II and III of that item and the west longitude in the range between the limits set out in columns IV and V of that item; (région métropolitaine)

narrowband personal communications services radio frequencies

narrowband personal communications services radio frequencies means the transmit and receive frequencies in the radio frequency bands 901 MHz to 902 MHz, 930 MHz to 931 MHz and 940 MHz to 941 MHz; (radiofréquences des services de communications personnelles à bande étroite)

necessary bandwidth

necessary bandwidth means the width of a radio frequency band required to ensure accurate and optimum transmission of information; (largeur de bande nécessaire)

other area

other area means a geographical area in Canada other than a metropolitan area; (autre région)

public cordless telephone radio frequencies

public cordless telephone radio frequencies[Repealed, SOR/2014-34, s. 7]

radio licence fee

radio licence fee[Repealed, SOR/2014-34, s. 7]

remote area

remote area means any area not identified as an “Urban area” or “Rural area” on the Map of Radiocommunication Areas, published by the Department of Industry in February, 2021; (région éloignée)

rural area

rural area means any area identified as a “Rural area” on the Map of Radiocommunication Areas, published by the Department of Industry in February, 2021; (région rurale)

urban area

urban area means any area identified as an “Urban area” on the Map of Radiocommunication Areas, published by the Department of Industry in February, 2021. (région urbaine)