Radiocommunication Regulations (SOR/96-484)

Regulations are current to 2018-07-05 and last amended on 2014-04-01. Previous Versions

Communications with Radio Apparatus in the Amateur Radio Service

[SOR/2000-78, s. 8]

 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.

  • SOR/2000-78, s. 9.

Emergency Communications

 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.

  • SOR/2000-78, s. 10.

Remuneration

 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.

  • SOR/2000-78, s. 11.

PART VIInterference

Determination of Interference for a Model of Equipment

  •  (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.

 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

  •  (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 may, for the purpose of ensuring the orderly development and efficient operation of radio communication 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.

  • SOR/2014-34, s. 6.
  •  (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

  •  (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

 For the purposes of this Part,

broadband personal communications services radio frequencies

broadband personal communications services radio frequencies means the transmit and receive frequencies in the radio frequency band 1850 MHz to 1990 MHz; (radiofréquences des services de communications personnelles à large bande)

cellular mobile radio frequencies

cellular mobile radio frequencies means the transmit and receive frequencies in the radio frequency band 869.040 MHz to 893.970 MHz and the transmit and receive frequencies in the radio frequency band 824.040 MHz to 848.970 MHz; (radiofréquences du service mobile cellulaire)

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)

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]

  • Err.(F), Vol. 140, No. 12;
  • SOR/2014-34, s. 7.
 
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