ARCHIVED — Vol. 146, No. 6 — March 14, 2012

Registration

SOR/2012-34 March 2, 2012

RADIOCOMMUNICATION ACT

Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2012–1

P.C. 2012-253 March 1, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 3(2) (see footnote a) of the Radiocommunication Act (see footnote b), hereby makes the annexed Radiocommunication Act (subsection 4(1) and paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2012–1.

RADIOCOMMUNICATION ACT
(SUBSECTION 4(1) AND PARAGRAPH 9(1)(B))
EXEMPTION ORDER (SECURITY, SAFETY AND
INTERNATIONAL RELATIONS), NO. 2012–1

INTERPRETATION

1. In this Order, “Act” means the Radiocommunication Act.

EXEMPTION

2. (1) Subject to sections 3 and 4, Her Majesty in right of Canada, as represented by the Royal Canadian Mounted Police, is exempt from the application of subsection 4(1) and paragraph 9(1)(b) of the Act for the period beginning on March 2, 2012 and ending on March 5, 2012.

(2) The exemption is limited to that part of Ontario within the quadrilateral defined by the points having the following geographical coordinates:

  1. (a) 45°33′ N latitude and 75°57′ W longitude;

  2. (b) 45°30′ N latitude and 75°36′ W longitude;

  3. (c) 45°18′ N latitude and 75°41′ W longitude; and

  4. (d) 45°22′ N latitude and 75°32′ W longitude.

CONDITIONS

3. An exemption in respect of subsection 4(1) of the Act applies only if the radio apparatus referred to in that subsection is installed, operated or possessed in order to carry out interference with or obstruction of a radiocommunication in accordance with subsection 4(2) of this Order for the purpose of security, safety or international relations.

4. (1) An exemption in respect of paragraph 9(1)(b) of the Act applies only if the radiocommunication is interfered with or obstructed for the purpose of security, safety or international relations.

(2) Every reasonable effort must be made to confine or restrict to the extent possible interference with or obstruction of a radiocommunication referred to in subsection (1) to the smallest physical area, the fewest number of frequencies and the minimum duration required to accomplish the objectives of the interference or obstruction.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issue and objectives

This is an order in respect of radiocommunication jamming devices (jammers) which are apparatus that emit radio frequencies to interfere with, or interrupt, radiocommunications. The use of jammers is currently prohibited in Canada; however, limited exemptions for the use of jammers by federal entities, such as national security agencies, in the course of fulfilling their mandates, can be considered on a case by case basis. In all instances, the jamming of frequencies in a specific and narrow geographic area for a limited period of time is critical to federal mandates related to international relations, security and safety.

This exemption Order will provide a way to address the unintended, and therefore problematic, application of the prohibitions found in paragraph 9(1)(b) and subsection 4(1) of the Radiocommunication Act (the Act) with respect to jammers being used by the Royal Canadian Mounted Police (RCMP) in carrying out their legislated responsibilities during the visit of Benjamin Netanyahu, Prime Minister of Israel, in Ottawa, Ontario, from March 2, 2012, to March 5, 2012.

Description and rationale

This Order will exempt Her Majesty in right of Canada as represented by the RCMP from the application of both paragraph 9(1)(b) and subsection 4(1) of the Act.

Paragraph 9(1)(b) of the Act prohibits the interference with or obstruction of radiocommunication without lawful excuse. Subsection 4(1) of the Act prohibits the installation, operation, or possession of radio apparatus without a radio authorization.

The exemption will apply to the RCMP for the specific dates of March 2, 2012, to March 5, 2012, during the visit of Benjamin Netanyahu, Prime Minister of Israel, in Ottawa, Ontario, and is limited to a narrow geographic area of planned sites for security, safety or international relations purposes.

Making use of the Order in Council exemption power of subsection 3(2) of the Act, in this instance, is the most timely and appropriate response to the short notice of this requirement. Under this power, the Governor in Council may exempt Her Majesty in right of Canada as represented by a person or persons, from any or all of the provisions of the Act.

This exemption Order will provide the RCMP with the efficient means to lawfully fulfil their mandate. The RCMP may incur minor costs to acquire equipment. No other federal entities will derive similar benefits or incur comparable costs.

This exemption Order will serve as a measure to strengthen Canada’s ability to prevent, detect and respond to existing and emerging national security threats. The use of jammers by the RCMP is required to protect public officials and delegates, and to protect Canadian citizens and their property.

The exemption applies exclusively to Her Majesty in right of Canada as represented by the RCMP. It includes conditions which limit the scope, duration, and area used by the named agency when operating jammers.

Consultation

Public consultations on the general use of radiocommunication jamming devices were held in March 2001. The results of those consultations demonstrated a clear public wish for the use of jammers to be restricted in Canada, which was reflected in the policy document released by Industry Canada in June 2002 in which the Department’s decision not to licence these devices was set out.

Implementation, enforcement and service standards

The exemption Order is required to assist the RCMP in carrying out their mandate while continuing to comply with Canadian laws and regulations. Apart from the entity named in this Order, who will consequently be exempted from the application of paragraph 9(1)(b) and subsection 4(1) of the Act, parties who either intentionally interfere with or obstruct any radiocommunication via jammers, and/or who install, operate, or possess radio apparatus without a radio authorization will be subject to the Act and Regulations and the various penalties in accordance with Industry Canada’s existing enforcement plan.

This exemption Order will come into force on the day on which it is registered.

Contact

Ms. Line Perron
Director
Regulatory and Program Planning
Spectrum Management Operations Branch
Industry Canada
300 Slater Street
Ottawa, Ontario
K1A 0C8
Telephone: 613-949-5679
Fax: 613-941-1219
Email: Line.Perron@ic.gc.ca

Footnote a
S.C. 2006, c. 9, s. 34

Footnote b
R.S., c. R-2; S.C. 1989, c. 17, s. 2