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Radiocommunication Regulations (SOR/96-484)

Regulations are current to 2022-09-22 and last amended on 2021-04-01. Previous Versions

PART IRadio Licences (continued)

Exemption of Radio Apparatus on Board an Aircraft

  •  (1) This section applies in respect of an aircraft that is

    • (a) registered or licensed under an Act of Parliament; or

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

  • (2) A radio apparatus that is operated on board an aircraft in the performance of the aeronautical service or the radiodetermination service is exempt from subsection 4(1) of the Act, in respect of a radio licence, if

    • (a) the operation of the radio apparatus occurs when

      • (i) the aircraft is within Canada,

      • (ii) the aircraft is outside Canada and the territory of another country, or

      • (iii) the aircraft is in the territory of another country with which Canada has entered into a reciprocal agreement that confers similar privileges on Canadians; and

    • (b) the operation of the radio apparatus is in accordance with the technical requirements for mobile stations operating in the aeronautical service that are specified in section 34.1.

    • (c) [Repealed, SOR/2011-47, s. 5]

  • SOR/99-107, s. 1
  • SOR/2011-47, s. 5

Exemption of Radio Apparatus on Board a Ship or Vessel

  •  (1) This section applies in respect of a ship or vessel that is

    • (a) registered or licensed under an Act of Parliament; or

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

  • (2) A radio apparatus that is operated on board a ship or vessel in the performance of the maritime service or the radiodetermination service is exempt from subsection 4(1) of the Act, in respect of a radio licence, if

    • (a) the operation of the radio apparatus occurs when

      • (i) the ship or vessel is within Canada,

      • (ii) the ship or vessel is outside Canada and the territory of another country, or

      • (iii) the ship or vessel is in the territory of another country with which Canada has entered into a reciprocal agreement that confers similar privileges on Canadians; and

    • (b) the operation of the radio apparatus is in accordance with the technical requirements for mobile stations operating in the maritime service specified in section 34.2.

    • (c) [Repealed, SOR/2011-47, s. 6]

  • SOR/99-107, s. 1
  • SOR/2011-47, s. 6

Exemption of Radio Apparatus Operated in the Amateur Radio Service

 A radio apparatus that is operated in the amateur radio service at a mobile or fixed station is exempt from subsection 4(1) of the Act, in respect of a radio licence, if

  • (a) a person who operates the radio apparatus is an individual who is the holder of one or more of the certificates or licences referred to in section 42; and

  • (b) the operation of the radio apparatus in the amateur radio service is in accordance with the technical requirements referred to in section 45.

  • SOR/2000-78, s. 2

PART IIBroadcasting Undertakings

Certificate Exemption

 Radio apparatus that is set out in and meets a standard set out in the Broadcasting Certificate-exempt Radio Apparatus List, October 2010 is exempt from the application of subsection 4(1) of the Act in respect of a broadcasting certificate.

  • SOR/2001-533, s. 4
  • SOR/2011-47, s. 7

 [Repealed, SOR/2011-47, s. 7]

Identification

 The holder of a broadcasting certificate shall identify the broadcasting station in accordance with the Technical Requirements Respecting Identification of Broadcasting Stations, issued by the Minister, as amended from time to time.

PART IIITechnical Acceptance Certification and Compliance with Applicable Standards

Interpretation

 The following definitions apply in this Part.

Category I equipment

Category I equipment means equipment that is described in subsection 21(1). (matériel de catégorie I)

Category II equipment

Category II equipment means equipment that is described in subsection 21(5). (matériel de catégorie II)

  • SOR/2001-533, s. 5

 [Repealed, SOR/2001-533, s. 6]

Requirements for Certification

[
  • SOR/2001-533, s. 7
]
  •  (1) All equipment that is listed and classified as Category I equipment in the Category I Equipment Standards List, as amended from time to time, published by the Department of Industry, and that is classified as Category I equipment in the applicable standard, requires a TAC unless it is

    • (a) the subject of a certificate issued by the Minister before the coming into force of these Regulations;

    • (b) the subject of a certificate issued by a foreign certification body that is designated under an international agreement, convention or treaty to which Canada is a party and that is recognized by Canada under that agreement, convention or treaty as competent to certify equipment, to the effect that the equipment complies with the applicable standards; or

    • (c) the subject of a certificate issued by a Canadian certification body that meets the requirements set out in the Requirements for Certification Bodies, as amended from time to time, published by the Department of Industry, to the effect that the equipment complies with the applicable standards.

  • (2) The Minister may issue a TAC for a specific model of Category I equipment or for several models of Category I equipment that possess similar technical characteristics.

  • (3) An applicant for a TAC shall demonstrate to the Minister that the model or models of Category I equipment comply with all applicable standards.

  • (4) A TAC may only be issued where the Minister determines that the model or models of Category I equipment comply with all applicable standards.

  • (5) Equipment that is listed and classified as Category II equipment in the Category II Equipment Standards List, as amended from time to time, published by the Department of Industry, and that is classified as Category II equipment in the applicable standard, does not require a TAC.

  • SOR/2001-533, s. 8

Compliance with Standards

  •  (1) No person shall use the authority of a TAC or a certificate referred to in paragraphs 21(1)(a) to (c) to manufacture, import, distribute, lease, offer for sale or sell any Category I equipment, other than the specific model or models for which the TAC or certificate referred to in any of paragraphs 21(1)(a) to (c) was issued.

  • (2) If Category I equipment is modified in such a way as to affect any parameter specified in the applicable standard under which the TAC or a certificate referred to in any of paragraphs 21(1)(a) to (c) was issued, the modified equipment is no longer considered to be certified and requires testing in accordance with section 24.

  • SOR/98-437, s. 1
  • SOR/2001-533, s. 9

 [Repealed, SOR/2001-533, s. 9]

Testing

  •  (1) For the purposes of testing a model of Category I or Category II equipment to obtain certification or to ensure compliance with the applicable standards,

    • (a) the number of units of equipment required to satisfy the testing requirements of the applicable standards is one or, where the number is specified in the applicable standards, that number; and

    • (b) the maximum number of units of equipment that may be manufactured or imported without a TAC, without a certificate referred to in any of paragraphs 21(a) to (c) or not in compliance with the applicable standards shall be one more than the applicable number of units referred to in paragraph (a).

  • (2) At any time during the life cycle of Category I or Category II equipment, the Minister may test or, with the agreement of the manufacturer or importer, have the manufacturer or importer test the Category I or Category II equipment in order to ensure compliance with applicable standards.

  • (3) Any person whose Category I or Category II equipment is subject to testing pursuant to subsection (2), shall test the equipment in accordance with the Minister’s instructions or, at the Minister’s request, make the equipment available for testing by the Minister at a place and time designated by the Minister.

  • (4) When the testing done under subsection (3) shows that the Category I or Category II equipment tested does not comply with the applicable standard, the Minister shall give notice of the test results to those persons who are likely to be affected by them.

  • (5) [Repealed, SOR/2011-47, s. 8]

  • SOR/98-437, s. 2
  • SOR/2001-533, s. 10
  • SOR/2011-47, s. 8

Labelling

  •  (1) Subject to subsections (2) and (7), no person shall mark or label Category I or Category II equipment contrary to the requirements set out in the applicable standards.

  • (2) Subsection (1) does not preclude labelling for purposes unrelated to this Part or pursuant to other legislation.

  • (3) No person shall remove, replace or alter a label that has been affixed in accordance with applicable standards.

  • (4) No person shall mark, label or otherwise indicate that Category I or Category II equipment complies with applicable standards, unless that equipment complies with those standards.

  • (5) No person shall mark, label or otherwise indicate that Category I or Category II equipment has been certified as complying with applicable standards unless a TAC or a certificate referred to in any of paragraphs 21(1)(a) to (c) has been issued in respect of the equipment and the equipment complies with the standards under which the TAC or certificate was issued.

  • (6) No person shall mark, label or otherwise indicate how to modify Category I or Category II equipment so that it will not comply with applicable standards.

  • (7) Subsections (1) to (6) do not apply to equipment that was labelled before the coming into force of these Regulations.

  • SOR/2001-533, s. 11

PART IVRadio Operator Certificates

Application

  •  (1) This Part applies in respect of radio operator certificates set out in this subsection and in Schedule I:

    • (a) Restricted Operator Certificate with one or more of the following qualifications:

      • (i) Aeronautical Qualification, and

      • (ii) [Repealed, SOR/2020-278, s. 2]

      • (iii) Maritime Qualification;

    • (b) General Operator Certificate; and

    • (c) [Repealed, SOR/2020-278, s. 2]

    • (d) [Repealed, SOR/2020-278, s. 2]

    • (e) Amateur Radio Operator Certificate with one or more of the following qualifications:

      • (i) Basic Qualification,

      • (ii) Morse Code (5 w.p.m.) Qualification,

      • (iii) Basic Qualification with Honours, and

      • (iv) Advanced Qualification.

  • (2) A radio operator certificate set out in column I of an item of Schedule I is equivalent to the radio operator certificate set out in column II of that item.

  • (3) For the purposes of this Part, an Amateur Radio Operator Certificate with a Morse Code (12 w.p.m.) Qualification is equivalent to an Amateur Radio Operator Certificate with a Basic Qualification with Honours.

Eligibility for Radio Operator Certificates

 The following persons are eligible to be issued a radio operator certificate set out in subsection 26(1):

  • (a) an individual who has passed the examinations set by the Minister in respect of the radio operator certificate being applied for;

  • (b) an individual who has met reissuance requirements or the requirements for the issuance of an equivalent certificate, set out in section 28; or

  • (c) an individual who is a citizen of a country other than Canada if

    • (i) the individual is the holder of an authorization that is issued by the responsible administration of that country and that corresponds with the applicable radio operator certificate set out in subsection 26(1), and

    • (ii) a reciprocal arrangement that establishes correspondence between radio operator certificates is in effect between the responsible administrations of Canada and that country.

Requirements for Reissuance of Certificates and Issuance of Equivalent Certificates

 If a radio operator certificate set out in paragraph 26(1)(b) or items 4 and 5 of Schedule I in column I has expired or is about to expire, the holder may apply to the Minister for the reissuance of the radio operator certificate or the issuance of an equivalent certificate, and the Minister shall reissue or issue the certificate if the holder

  • (a) has accumulated, during the preceding five years, at least one year of service as

    • (i) a radio operator holding a radio operator certificate, and is engaged in radiocommunications at the level commensurate with that certificate, or

    • (ii) a radio technician engaged in the maintenance of modern radio apparatus; or

  • (b) has passed the examinations set by the Minister in respect of the certificate being applied for.

 [Repealed, SOR/2011-47, s. 9]

PART VRequirements for the Operation of Radio Apparatus

Operation of Radio Apparatus

 [Repealed, SOR/2011-47, s. 10]

 A person may operate or permit the operation of radio apparatus only where the apparatus is maintained within the tolerances set out in the applicable standards.

 [Repealed, SOR/2011-47, s. 11]

 A person may operate radio apparatus in the aeronautical service, maritime service or amateur radio service only where the person holds an appropriate radio operator certificate as set out in column I of any of items 1 and 3 to 15 of Schedule II.

  •  (1) A person who holds a radio licence authorizing the operation of any radio apparatus in the aeronautical service or maritime service may permit another person to operate the radio apparatus only if the other person holds the appropriate radio operator certificate set out in column I of any of items 1 and 3 to 14 of Schedule II.

  • (2) A person who operates any radio apparatus that is exempt from licensing in accordance with section 15.1 in the case of the aeronautical service, or section 15.2 in the case of the maritime service, may permit another person to operate the radio apparatus only if the other person holds the appropriate radio operator certificate set out in column I of any of items 1 and 3 to 14 of Schedule II.

  • SOR/99-107, s. 2

Operation in the Aeronautical Service

 A person shall operate any radio apparatus on board an aircraft in the aeronautical service in accordance with the Technical Requirements for the Operation of Mobile Stations in the Aeronautical Service, issued by the Minister, as amended from time to time.

  • SOR/99-107, s. 2

Operation in the Maritime Service

 A person shall operate any radio apparatus on board a ship or vessel in the maritime service in accordance with the Technical Requirements for the Operation of Mobile Stations in the Maritime Service, issued by the Minister, as amended from time to time.

  • SOR/99-107, s. 2
 
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