Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) (SOR/2019-269)

Interpretation

Marginal note:Definition of Act

1 In this Order, Act means the Radiocommunication Act.

Exemption

Marginal note:Persons to whom the exemption applies

• 2 (1) Subject to sections 3 to 10, employees of the Royal Canadian Mounted Police Technical Investigation Services, as well as any other employees of the Royal Canadian Mounted Police who are required to install, use, possess, manufacture or import jammers, are exempted from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in the course of their duties or training.

• Marginal note:Purposes

  (2) The exemption is granted for the following purposes:

  • (a) national security;

  • (b) public safety, including with respect to penitentiaries and prisons;

  • (c) international relations;

  • (d) the investigation or prosecution of offences in Canada, including the preservation of evidence; and

  • (e) protection of property, or the prevention of serious harm to any person.

Conditions

Marginal note:Information to be provided to Minister

• 3 (1) Before an employee referred to in subsection 2(1) installs, uses, possesses, manufactures or imports a jammer, the Minister must receive from the Royal Canadian Mounted Police a notice in relation to this Order that is signed by an authorized person and contains the following information:

  • (a) the postal and electronic addresses, telephone number and fax number of the headquarters or centre of operations where responsibility for jammers will principally be exercised; and

  • (b) the name, title, postal and electronic addresses, telephone number and fax number of the resource person who is responsible for jammers.

• Marginal note:Requirement to update

  (2) If any of the information provided under subsection (1) changes, the Royal Canadian Mounted Police must provide updated information to the Minister as soon as feasible.

Marginal note:Training

4 An employee referred to in subsection 2(1) must have received or be receiving training in relation to each activity referred to in that subsection that they undertake.

Marginal note:Follow directives

5 An employee referred to in subsection 2(1) must follow the Technical Investigation Services directives that apply to jammers.

Marginal note:Restriction of interference or obstruction

6 Every reasonable effort must be made to restrict a jammer’s interference with or obstruction of radiocommunication to the smallest physical area, the fewest number of radio frequencies, the appropriate power level and the minimum duration required to accomplish the intended purpose.

Marginal note:Minimize emissions and exposure

7 The installation or use of a jammer must be done in a manner that minimizes unwanted emissions and the exposure of any person to radiofrequency fields.

Marginal note:Jammer characteristics

8 A jammer must allow for adjustments to power levels and to the radiofrequencies that it can interfere with or obstruct.

Marginal note:Storage and prevention of unauthorized access

9 An employee referred to in subsection 2(1) must ensure that any jammer for which they are responsible

• (a) is accessible only to persons who are exempted from the prohibition in subsection 4(4) of the Act; and

• (b) when not in use, is turned off and stored in a secure location, including when it is being transported.

Marginal note:Records relating to use

10 The Royal Canadian Mounted Police must maintain records indicating, for each use of a jammer by one of its employees,

• (a) the place and date and, if possible, the time at which the jammer was used;

• (b) the radiofrequencies that were interfered with or obstructed; and

• (c) the purposes listed in subsection 2(2) for which the jammer was used.

Cessation of Effect

Marginal note:Five years after coming into force

11 This Order ceases to have effect on the fifth anniversary of the day on which it comes into force.

Repeal

12 The Radiocommunication Act (Subsection 4(4) and Paragraph 9(1)(b)) Exemption Order, No. 2015-1Footnote ¹ is repealed.

• Return to footnote ¹SOR/2015-36

Coming into Force

Marginal note:Registration

13 This Order comes into force on the day on which it is registered.