Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) (SOR/2024-94)

The Minister of Industry makes the annexed Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) 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, May 17, 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:Employees of Royal Canadian Mounted Police

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

• Marginal note:His Majesty in right of Canada

  (2) His Majesty in right of Canada, as represented by any employee referred to in subsection (1), is exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in respect of the activities referred to in subsection (1).

• Marginal note:Public Works and Government Services

  (3) The Minister of Public Works and Government Services and employees of the Department of Public Works and Government Services who are required to import jammers on behalf of the Royal Canadian Mounted Police in the course of their duties are exempt from the application of subsection 4(4) of the Act in respect of that importation.

• Marginal note:His Majesty in right of Canada

  (4) His Majesty in right of Canada, as represented by the Minister of Public Works and Government Services and any employee referred to in subsection (3), is exempt from the application of subsection 4(4) of the Act in respect of the importation referred to in subsection (3).

• Marginal note:Response to solicitation of bids

  (5) A person or entity is exempt from the application of subsection 4(4) of the Act in respect of the offering for sale of a jammer if the offer is in response to a solicitation of bids in relation to the provision of jammers to the Royal Canadian Mounted Police.

• Marginal note:Suppliers — Royal Canadian Mounted Police

  (6) Subject to sections 6 to 11, 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 Royal Canadian Mounted Police or that performs any part of the work under that contract or any related subcontract — and that is required to install, use, possess, manufacture, import, distribute, offer for sale or sell a jammer in accordance with the terms of that contract — is exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in respect of those activities.

• Marginal note:Purposes

  (7) The exemptions under subsections (1) to (6) are 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) the protection of property or the prevention of serious harm to any person.

Conditions

Marginal note:Notice

• 3 (1) Before the exemption under subsection 2(1) is invoked, the Royal Canadian Mounted Police must provide a written notice to the Minister that contains the following information:

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

  • (b) the names, titles, postal and email addresses and telephone numbers of contact persons at that headquarters or centre of operations; and

  • (c) the names, titles, postal and email addresses and telephone numbers of the resource persons who are responsible for jammers.

• Marginal note:Information — update and confirm

  (2) The Royal Canadian Mounted Police must

  • (a) provide updated information to the Minister as soon as feasible after any of the information provided under subsection (1) changes; and

  • (b) confirm the accuracy of the information provided under paragraph (a) and subsection (1) once a year, on or before the anniversary of the day on which this Order comes into force.

Marginal note:Training

4 An employee who carries out an activity under the exemption set out in subsection 2(1) must have received or be receiving specialized training in relation to that activity.

Marginal note:Access to directives

5 The Royal Canadian Mounted Police must ensure that

• (a) the employees of the Technical Investigation Services referred to in subsection 2(1) have access to the Technical Investigation Services directives that apply in respect of jammers; and

• (b) the other employees referred to in subsection 2(1) have access to the directives of their respective operational unit that apply in respect of jammers.

Marginal note:Restriction of interference or obstruction

6 An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(6) must make every reasonable effort 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 An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(6) that installs or uses a jammer must do so in a manner that minimizes unwanted emissions and the exposure of any person to radiofrequency fields.

Marginal note:Jammer characteristics

8 Any jammer that is used for the purposes of the exemption under subsection 2(1) or (6) must allow for adjustments to power levels and to the radiofrequencies that it can interfere with or obstruct.

Marginal note:Prevention of unauthorized access and storage

9 An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(6) must ensure that any jammer for which they are responsible

• (a) is accessible only to employees, persons or entities that are exempted from the application of subsection 4(4) of the Act; and

• (b) when not in use, is turned off and stored in a secure location or in a secure manner, 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 or by a person or entity referred to in subsection 2(6),

• (a) the name of the employee, person or entity, as the case may be, that used the jammer and 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 purposes listed in subsection 2(7) for which the jammer was used.

Marginal note:Suppliers — Royal Canadian Mounted Police

11 A person or entity referred to in subsection 2(6) must not use a jammer except in the following circumstances:

• (a) the use is carried out under the supervision of an employee referred to in subsection 2(1); 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 jammers.

Repeal

12 The Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police)Footnote ¹ is repealed.

• Return to footnote ¹SOR/2019-269

Coming into Force

Marginal note:Registration

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