Radiocommunication Act Exemption Order (Jammers — Department of National Defence and Canadian Forces) (SOR/2024-7)

The Minister of Industry makes the annexed Radiocommunication Act Exemption Order (Jammers — Department of National Defence and Canadian Forces) under subsection 14(1)Footnote ^a of the Radiocommunication ActFootnote ^b.

• Return to footnote ^aS.C. 2014, c. 39, s. 181

• Return to footnote ^bR.S., c. R-2; S.C. 1989, c. 17, s. 2

Ottawa, January 23, 2024

Le ministre de l’Industrie François-Philippe Champagne Minister of Industry

Definition

Marginal note:Definition of Act

1 In this Order, Act means the Radiocommunication Act.

Exemptions

Marginal note:Persons to whom exemption applies

• 2 (1) Subject to any applicable conditions set out in sections 4 to 11, the following persons are exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act:

  • (a) His Majesty in right of Canada as represented by the Minister of National Defence as well as any employee of the Department of National Defence and any officer or non-commissioned member of the Canadian Forces who is required in the course of their duties or training to install, use, possess, manufacture, import, distribute or lease a jammer for a purpose referred to in subsection (2);

  • (b) His Majesty in right of Canada as represented by any other officer or servant of His Majesty who is required in the course of their duties or training, under the supervision of a person referred to in paragraph (a), to carry out an activity referred to in that paragraph for a purpose referred to in subsection (2);

  • (c) His Majesty in right of Canada as represented by the Minister of Public Works and Government Services as well as any employee of the Department of Public Works and Government Services who is required in the course of their duties to import a jammer on behalf of the Department of National Defence for a purpose referred to in subsection (2); and

  • (d) any member of a foreign military force present in Canada under an international arrangement who is required in the course of their duties or training, under the supervision of a person referred to in paragraph (a), to install, use, possess, import or distribute a jammer for a purpose referred to in subsection (3).

• Marginal note:Purposes — paragraph (1)(a), (b) or (c)

  (2) The exemption is granted under paragraph (1)(a), (b) or (c) for the following purposes:

  • (a) national security;

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

  • (c) national defence;

  • (d) international relations;

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

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

• Marginal note:Purposes — paragraph (1)(d)

  (3) The exemption is granted under paragraph (1)(d) for the following purposes:

  • (a) national defence;

  • (b) international relations; or

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

Marginal note:Suppliers to Department of National Defence

• 3 (1) Subject to any applicable conditions set out in sections 7 to 12, the following persons or entities are exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act:

  • (a) any person or entity that responds to a solicitation of bids in relation to the provision of jammers to the Department of National Defence, when they offer a jammer for sale in responding to that solicitation of bids; and

  • (b) any person or entity that has entered into a contract with the Government of Canada for the provision of jammers or services related to jammers to the Department of National Defence or that performs any part of the work under the contract or any related subcontract, when they are required to install, use, possess, manufacture, import, distribute, offer for sale or sell a jammer in accordance with the terms of the contract.

• Marginal note:Purpose

  (2) The exemption is granted under subsection (1) for the purpose of national defence or international relations.

Conditions

Marginal note:Information to be provided to Minister

• 4 (1) A person referred to in paragraph 2(1)(a) or (b) must not install, use, possess, manufacture, import, distribute or lease a jammer unless the Minister has received, in relation to this Order, a written notice from the Department of National Defence or the Canadian Forces containing the following information:

  • (a) the postal and email addresses and telephone number of the headquarters or centre of operations where responsibility for jammers is principally exercised;

  • (b) the titles, postal and email addresses and telephone numbers of the persons who are responsible for jammers; and

  • (c) the titles, email addresses and telephone numbers of the persons who are responsible for responding, during and outside of business hours, to any inquiries made by the Minister or by inspectors who are appointed under paragraph 5(1)(j) of the Act.

• Marginal note:Obligation to update information

  (2) If any of the information in the notice provided under subsection (1) changes, the Department of National Defence or the Canadian Forces, as the case may be, must, as soon as feasible, provide the new information to the Minister.

Marginal note:Training — paragraph 2(1)(a) or (b)

• 5 (1) A person referred to in paragraph 2(1)(a) or (b) must not install, use, possess, manufacture, import, distribute or lease a jammer unless they have received, or are receiving, training in relation to each activity that they carry out.

• Marginal note:Training — paragraph 2(1)(d)

  (2) A person referred to in paragraph 2(1)(d) must not install, use, possess, import or distribute a jammer unless they have received, or are receiving, training in relation to each activity that they carry out.

Marginal note:Directives and instructions — Department of National Defence

• 6 (1) The Department of National Defence must take reasonable measures to ensure that any directives or instructions that relate to the installation, use, possession, manufacture, importation, distribution or lease of a jammer, whether published in paper or electronic format, are reasonably accessible to the employees of the Department of National Defence who are referred to in paragraph 2(1)(a).

• Marginal note:Directives, orders and instructions — Canadian Forces

  (2) The Canadian Forces must take reasonable measures to ensure that any directives, orders or instructions that relate to the installation, use, possession, manufacture, importation, distribution or lease of a jammer, whether published in paper or electronic format, are reasonably accessible to the officers and non-commissioned members of the Canadian Forces who are referred to in paragraph 2(1)(a).

Marginal note:Restriction of interference or obstruction

7 A person referred to in paragraph 2(1)(a), (b) or (d) or a person or entity referred to in paragraph 3(1)(b) must make every reasonable effort to restrict as much as possible the 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 purposes.

Marginal note:Minimal emissions and exposure

8 A person referred to in paragraph 2(1)(a), (b) or (d) or a person or entity referred to in paragraph 3(1)(b) must install or use a jammer in a manner that minimizes unwanted emissions and the exposure of any person to radiofrequency fields.

Marginal note:Adjustments to radiofrequencies

9 A person referred to in paragraph 2(1)(a), (b) or (d) or a person or entity referred to in paragraph 3(1)(b) must ensure that any jammer for which they are responsible allows for adjustments to the radiofrequencies that it can interfere with or obstruct.

Marginal note:Prevention of non-authorized access and storage

10 A person referred to in paragraph 2(1)(a), (b) or (d) or a person or entity referred to in paragraph 3(1)(b) must take reasonable measures to ensure that any jammer for which they are responsible

• (a) is accessible only to persons who are exempted under subsection 2(1) or persons or entities that are exempted under paragraph 3(1)(b); and

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

Marginal note:Record relating to use

11 The Department of National Defence or the Canadian Forces, as the case may be, must maintain a record of each instance in which a jammer is used by a person referred to in paragraph 2(1)(a), (b) or (d) or a person or entity referred to in paragraph 3(1)(b) and the record must contain the following information:

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

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

• (c) the purpose mentioned in any of paragraphs 2(2)(a) to (f) for which the jammer was used.

Marginal note:Suppliers to Department of National Defence

12 A person or entity referred to in paragraph 3(1)(b) must not use a jammer except in the following circumstances:

• (a) the use is carried out under the supervision of a person referred to in paragraph 2(1)(a); and

• (b) the purpose of the use is to test the functionality of the jammer, to perform maintenance on the jammer or to provide training in relation to the jammer to a person referred to in paragraph 2(1)(a) or (b).

Cessation of Effect

Marginal note:Five years after coming into force

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

Coming into Force

Marginal note:Registration

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