Radiocommunication Act (R.S.C., 1985, c. R-2)

Act current to 2019-06-20 and last amended on 2017-09-21. Previous Versions

Radiocommunication Act

R.S.C., 1985, c. R-2

An Act respecting radiocommunication in Canada

Short Title

Marginal note:Short title

 This Act may be cited as the Radiocommunication Act.

  • R.S., 1985, c. R-2, s. 1
  • 1989, c. 17, s. 2

Interpretation

Marginal note:Definitions

 In this Act,

broadcasting

broadcasting means any radiocommunication in which the transmissions are intended for direct reception by the general public; (radiodiffusion)

broadcasting certificate

broadcasting certificate means a certificate issued by the Minister under subparagraph 5(1)(a)(ii); (certificat de radiodiffusion)

broadcasting undertaking

broadcasting undertaking includes any distribution undertaking, programming undertaking and network operation to which the Broadcasting Act applies; (entreprise de radiodiffusion)

distribution undertaking

distribution undertaking has the same meaning as in the Broadcasting Act; (entreprise de distribution)

encrypted

encrypted means treated electronically or otherwise for the purpose of preventing intelligible reception; (encodage)

harmful interference

harmful interference means an adverse effect of electromagnetic energy from any emission, radiation or induction that

  • (a) endangers the use or functioning of a safety-related radiocommunication system, or

  • (b) significantly degrades or obstructs, or repeatedly interrupts, the use or functioning of radio apparatus or radio-sensitive equipment; (brouillage préjudiciable)

interference-causing equipment

interference-causing equipment means any device, machinery or equipment, other than radio apparatus, that causes or is capable of causing interference to radiocommunication; (matériel brouilleur)

jammer

jammer means any device or combination of devices that transmits, emits or radiates electromagnetic energy and that is designed to cause, causes or is capable of causing interference or obstruction to radiocommunication, other than a device or combination of devices for which standards have been established under paragraph 5(1)(d) or 6(1)(a) or for which a radio authorization has been issued. (brouilleur)

lawful distributor

lawful distributor, in relation to an encrypted subscription programming signal or encrypted network feed, means a person who has the lawful right in Canada to transmit it and authorize its decoding; (distributeur légitime)

Minister

Minister means the Minister of Industry; (ministre)

network

network has the same meaning as in the Broadcasting Act; (réseau)

network feed

network feed means any radiocommunication that is transmitted

  • (a) by a network operation to its affiliates,

  • (b) to a network operation for retransmission by it to its affiliates, or

  • (c) by a lawful distributor to a programming undertaking; (alimentation réseau)

operator

operator[Repealed, 1989, c. 17, s. 3]

prescribed

prescribed means prescribed by regulations; (Version anglaise seulement)

programming undertaking

programming undertaking has the same meaning as in the Broadcasting Act; (entreprise de programmation)

public

public includes persons who occupy apartments, hotel rooms or dwelling units situated in multi-unit buildings; (public)

public switched telephone network

public switched telephone network means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation; (réseau téléphonique public commuté)

radio apparatus

radio apparatus means a device or combination of devices intended for, or capable of being used for, radiocommunication; (appareil radio)

radio authorization

radio authorization means a licence, certificate or authorization issued by the Minister under paragraph 5(1)(a); (autorisation de radiocommunication)

radio-based telephone communication

radio-based telephone communication means any radiocommunication that is made over apparatus that is used primarily for connection to a public switched telephone network; (communication radiotéléphonique)

radiocommunication

radiocommunication or radio means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by means of electromagnetic waves of frequencies lower than 3 000 GHz propagated in space without artificial guide; (radiocommunication ou radio)

radio licence

radio licence means a licence issued by the Minister under subparagraph 5(1)(a)(i); (licence radio)

radio operator certificate

radio operator certificate means a certificate issued by the Minister under subparagraph 5(1)(a)(iii); (certificat d’opérateur radio)

radio-sensitive equipment

radio-sensitive equipment means any device, machinery or equipment, other than radio apparatus, the use or functioning of which is or can be adversely affected by radiocommunication emissions; (matériel radiosensible)

radio station

radio station or station means a place in which radio apparatus is located; (station de radiocommunication ou station)

spectrum licence

spectrum licence means a licence issued by the Minister under subparagraph 5(1)(a)(i.1); (licence de spectre)

subscription programming signal

subscription programming signal means radiocommunication that is intended for reception either directly or indirectly by the public in Canada or elsewhere on payment of a subscription fee or other charge; (signal d’abonnement)

technical acceptance certificate

technical acceptance certificate means a certificate issued by the Minister under subparagraph 5(1)(a)(iv). (certificat d’approbation technique)

telecommunication

telecommunication[Repealed, 1993, c. 38, s. 91]

  • R.S., 1985, c. R-2, s. 2
  • 1989, c. 17, s. 3
  • 1991, c. 11, s. 81
  • 1993, c. 38, s. 91, c. 40, s. 23
  • 1995, c. 1, s. 62
  • 1996, c. 18, s. 60
  • 2014, c. 39, s. 174

Application

Marginal note:Application to Her Majesty and Parliament

  •  (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer and on Her Majesty in right of a province.

  • Marginal note:Exemptions

    (2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

    • (a) in the case of an exemption of Her Majesty in right of Canada, in respect of Her Majesty in right of Canada generally, or only in respect of a department or other body named in the order;

    • (b) either absolute or qualified; and

    • (c) of either general or specific application.

  • Marginal note:Geographical application

    (3) This Act applies within Canada and on board

    • (a) any ship, vessel or aircraft that is

      • (i) registered or licensed under an Act of Parliament, or

      • (ii) owned by, or under the direction or control of, Her Majesty in right of Canada or a province;

    • (b) any spacecraft that is under the direction or control of

      • (i) Her Majesty in right of Canada or a province,

      • (ii) a citizen or resident of Canada, or

      • (iii) a corporation incorporated or resident in Canada; and

    • (c) any platform, rig, structure or formation that is affixed or attached to land situated in the continental shelf of Canada.

  • Marginal note:Powers, duties and functions of Minister

    (4) Any power, duty or function of the Minister under this Act or the regulations may be exercised or performed by any person authorized by the Minister to do so and, if so exercised or performed, shall be deemed to have been exercised or performed by the Minister.

  • R.S., 1985, c. R-2, s. 3
  • R.S., 1985, c. 4 (3rd Supp.), s. 1
  • 1989, c. 17, s. 4
  • 1996, c. 31, s. 94
  • 2004, c. 7, s. 37
  • 2006, c. 9, s. 34
  • 2015, c. 36, s. 138
  • 2017, c. 20, s. 173
 
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