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

Act current to 2019-08-28 and last amended on 2017-09-21. Previous Versions

Prohibitions

Marginal note:Prohibitions

  •  (1) No person shall, except under and in accordance with a radio authorization, install, operate or possess radio apparatus, other than

    • (a) radio apparatus exempted by or under regulations made under paragraph 6(1)(m); or

    • (b) radio apparatus that is capable only of the reception of broadcasting and that is not a distribution undertaking.

  • Marginal note:Idem

    (2) No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate.

  • Marginal note:Idem

    (3) No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment for which technical standards have been established under paragraph 6(1)(a), unless the apparatus or equipment complies with those standards.

  • Marginal note:Other prohibitions

    (4) No person shall install, use, possess, manufacture, import, distribute, lease, offer for sale or sell a jammer.

  • R.S., 1985, c. R-2, s. 4
  • 1989, c. 17, s. 4
  • 1991, c. 11, s. 82
  • 2014, c. 39, s. 175

Minister’s Powers

Marginal note:Minister’s powers

  •  (1) Subject to any regulations made under section 6, the Minister may, taking into account all matters that the Minister considers relevant for ensuring the orderly establishment or modification of radio stations and the orderly development and efficient operation of radiocommunication in Canada,

    • (a) issue

      • (i) radio licences in respect of radio apparatus,

      • (i.1) spectrum licences in respect of the utilization of specified radio frequencies within a defined geographic area,

      • (ii) broadcasting certificates in respect of radio apparatus that form part of a broadcasting undertaking,

      • (iii) radio operator certificates,

      • (iv) technical acceptance certificates in respect of radio apparatus, interference-causing equipment and radio-sensitive equipment, and

      • (v) any other authorization relating to radiocommunication that the Minister considers appropriate,

      and may fix the terms and conditions of any such licence, certificate or authorization including, in the case of a radio licence and a spectrum licence, terms and conditions as to the services that may be provided by the holder thereof;

    • (b) amend the terms and conditions of any licence, certificate or authorization issued under paragraph (a);

    • (c) make available to the public any information set out in radio licences or broadcasting certificates;

    • (d) establish technical requirements and technical standards in relation to

      • (i) radio apparatus,

      • (ii) interference-causing equipment, and

      • (iii) radio-sensitive equipment,

      or any class thereof;

    • (e) plan the allocation and use of the spectrum;

    • (f) approve each site on which radio apparatus, including antenna systems, may be located, and approve the erection of all masts, towers and other antenna-supporting structures;

    • (g) test radio apparatus for compliance with technical standards established under this Act;

    • (h) require holders of, and applicants for, radio authorizations to disclose to the Minister such information as the Minister considers appropriate respecting the present and proposed use of the radio apparatus in question and the cost of installing or maintaining it;

    • (i) require holders of radio authorizations to inform the Minister of any material changes in information disclosed pursuant to paragraph (h);

    • (j) appoint inspectors for the purposes of this Act;

    • (k) take such action as may be necessary to secure, by international regulation or otherwise, the rights of Her Majesty in right of Canada in telecommunication matters, and consult the Canadian Radio-television and Telecommunications Commission with respect to any matter that the Minister deems appropriate;

    • (l) make determinations as to the existence of harmful interference and issue orders to persons in possession or control of radio apparatus, interference-causing equipment or radio-sensitive equipment that the Minister determines to be responsible for the harmful interference to cease or modify operation of the apparatus or equipment until such time as it can be operated without causing or being affected by harmful interference;

    • (m) undertake, sponsor, promote or assist in research relating to radiocommunication, including the technical aspects of broadcasting; and

    • (n) do any other thing necessary for the effective administration of this Act.

  • Marginal note:Canadian telecommunications policy

    (1.1) In exercising the powers conferred by subsection (1), the Minister may have regard to the objectives of the Canadian telecommunications policy set out in section 7 of the Telecommunications Act.

  • Marginal note:Bidding system for radio authorizations

    (1.2) In exercising the power under paragraph (1)(a) to issue radio authorizations, the Minister may use a system of competitive bidding to select the persons to whom radio authorizations will be issued.

  • Marginal note:Payments pursuant to bids

    (1.3) Where the Minister accepts a bid for a radio authorization under a system of competitive bidding, any moneys payable to Her Majesty pursuant to the bid are in lieu of any fees fixed under this or any other Act for the radio authorization.

  • Marginal note:Procedures for bidding system

    (1.4) The Minister may establish procedures, standards and conditions, including, without limiting the generality of the foregoing, bidding mechanisms, minimum bids, bidders’ qualifications, acceptance of bids, application fees for bidders, deposit requirements, withdrawal penalties and payment schedules, applicable in respect of a system of competitive bidding used under subsection (1.2) in selecting the person to whom a radio authorization will be issued.

  • Marginal note:Obligation

    (1.5) Any person who is subject to the procedures, standards and conditions applicable in respect of a system of competitive bidding used under subsection (1.2) shall comply with all of them.

  • Marginal note:Suspension or revocation of radio authorization

    (2) The Minister may suspend or revoke a radio authorization

    • (a) with the consent of the holder thereof;

    • (b) after giving written notice to the holder and giving the holder a reasonable opportunity to make representations to the Minister with respect thereto, where the Minister is satisfied that

      • (i) the holder has contravened this Act, the regulations or the terms or conditions of the radio authorization, or

      • (ii) the radio authorization was obtained through misrepresentation; or

    • (c) on giving written notice of suspension or revocation to the holder, without having to give the holder an opportunity to make representations to the Minister with respect thereto, where the holder has failed to comply with a request to pay fees or interest due under paragraph 6(1)(l).

  • R.S., 1985, c. R-2, s. 5
  • 1989, c. 17, s. 4
  • 1993, c. 38, s. 92
  • 1996, c. 18, s. 61
  • 2014, c. 39, s. 176

Marginal note:Information sharing — Canada

  •  (1) Information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister to a federal department, a provincial or municipal government in Canada, or an agency of that federal, provincial or municipal government, to the extent that the disclosure is necessary for the administration of this Act.

  • Marginal note:Information sharing — Government of foreign state and international organization

    (2) The information may also be disclosed by the Minister under an agreement, a memorandum of understanding or an arrangement in writing between the Government of Canada and the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of that government or organization, if the Minister believes that the information may be relevant to an investigation or proceeding in respect of a contravention under this Act or of the laws of that foreign state that address conduct that is substantially similar to conduct that would be in contravention of this Act.

  • Marginal note:Contents

    (3) The agreement, memorandum of understanding or arrangement must

    • (a) restrict the use of the information to purposes relevant to an investigation or proceeding in respect of a contravention of the laws of the foreign state that address conduct referred to in subsection (2);

    • (b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the person responsible for disclosing the information; and

    • (c) only be in respect of contraventions of the laws of a foreign state that have consequences that would not be considered penal under Canadian law.

  • 2014, c. 39, s. 177
 
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