Radiocommunication Act Exemption Order (Jammers — Certain Correctional Services): SOR/2025-63

Canada Gazette, Part II, Volume 159, Number 6

Registration
SOR/2025-63 March 3, 2025

RADIOCOMMUNICATION ACT

The Minister of Industry makes the annexed Radiocommunication Act Exemption Order (Jammers — Certain Correctional Services) under subsection 14(1)footnote a of the Radiocommunication Act footnote b.

Ottawa, February 28, 2025

François-Philippe Champagne
Minister of Industry

Radiocommunication Act Exemption Order (Jammers — Certain Correctional Services)

Definitions

Definitions

1 The following definitions apply in this Order.

Act
means the Radiocommunication Act. (Loi)
correctional facility
means a building or part of a building that is used for the detention of persons and established as a correctional facility by order of the Government of Quebec, and includes the land occupied by the building. (établissement de détention)
Minister
has the same meaning as in section 2 of the Act. (ministre)
penitentiary
means a facility that is operated permanently or temporarily by the Correctional Service of Canada for the care and custody of inmates, and includes the land occupied by the facility. (pénitencier)

Exemptions

Employees of correctional services

2 (1) Subject to any applicable conditions set out in sections 3 to 14, the following employees who are required to install, use, possess, import or distribute a jammer 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:

Procurement

(2) The following persons who are required to import a jammer on behalf of the Correctional Service of Canada or the Sous-ministĂ©riat des services correctionnels of Quebec’s Ministère de la SĂ©curitĂ© publique in the course of their duties are exempt from the application of subsection 4(4) of the Act in respect of that activity:

Response to solicitation of bids

(3) 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 Correctional Service of Canada or the Sous-ministĂ©riat des services correctionnels of Quebec’s Ministère de la SĂ©curitĂ© publique.

Suppliers

(4) Subject to any applicable conditions set out in sections 3 to 14, a person or entity referred to in paragraph (a), (b) or (c) that is required to install, use, possess, manufacture, import, distribute, lease, offer for sale or sell a jammer in accordance with the terms of a contract referred to in that paragraph is exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in respect of those activities:

Purposes

(5) The exemptions under subsections (1) to (4) are granted for the following purposes:

Conditions

Notice to Minister

3 (1) Before the exemptions under subsection 2(1) and (4) are invoked, the Correctional Service of Canada or the Sous-ministĂ©riat des services correctionnels of Quebec’s Ministère de la SĂ©curitĂ© publique, as the case may be, must provide a written notice to the Minister that contains the following information:

Update information

(2) The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must notify the Minister of any updates to the information provided under subsection (1)

Confirm information

(3) The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must confirm the accuracy of the information provided under subsections (1) and (2) once a year, on or before the anniversary of the day on which this Order comes into force.

Notice to NAV CANADA

4 (1) The Correctional Service of Canada or the Sous-ministĂ©riat des services correctionnels of Quebec’s Ministère de la SĂ©curitĂ© publique, as the case may be, must provide to NAV CANADA a written notice of their intention to use a jammer to interfere with or obstruct any radiocommunication at a penitentiary or correctional facility at least 28 days before the jammers are used for the first time at that penitentiary or correctional facility. The notice must contain the following information:

Update information

(2) Subject to subsection (3), if any of the information provided under subsection (1) is expected to change, a new written notice must be provided to NAV CANADA at least 14 days before

Exception

(3) The notice referred to in subsection (2) is not required if the change is only in respect of information referred to in paragraph (1)(c) and the change does not have the potential to increase the interference with or obstruction of radiocommunication caused by the jammer.

Restriction on installation and use

5 (1) An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) must not install or use a jammer in any location other than those notified to the Minister in accordance with section 3.

Restriction on use by suppliers

(2) A person or entity referred to in subsection 2(4) must not use a jammer unless

Training

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

Access to directives

7 The Correctional Service of Canada or the Sous-ministĂ©riat des services correctionnels of Quebec’s Ministère de la SĂ©curitĂ© publique, as the case may be, must ensure that its directives in respect of jammers are accessible to the employees referred to in subsection 2(1).

Restrict interference or obstruction

8 (1) An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) that installs or uses a jammer must make every reasonable effort to restrict 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.

Restrict interference or obstruction outside facility

(2) If the jammer is intended to be used on a continuous basis, an employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) that installs or uses a jammer must also make every reasonable effort to restrict the jammer’s interference with or obstruction of radiocommunication in the area above the penitentiary or correctional facility and in the areas of the penitentiary or correctional facility before the visitor control point.

Minimize emissions and exposure

9 An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) that installs or uses a jammer must do so in a manner that minimizes unwanted emissions and the exposure of any person to radio frequency fields.

Analysis of jammer parameters

10 (1) The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must conduct an analysis of each jammer or system of jammers before it is first used at a penitentiary or correctional facility and before each subsequent change to its parameters to determine

Jammer analysis — records

(2) The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must maintain a record of each analysis conducted.

Jammer characteristics

11 (1) An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) must ensure that any jammer for which they are responsible allows for adjustments to its power levels and the radio frequencies that it can interfere with or obstruct.

Jammer technical specifications — records

(2) The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must maintain a record of the technical specifications of each jammer that is used at a penitentiary or correctional facility.

Interference and obstruction test

12 (1) If the Correctional Service of Canada or the Sous-ministĂ©riat des services correctionnels of Quebec’s Ministère de la SĂ©curitĂ© publique, as the case may be, intends to use a jammer on a continuous basis at a penitentiary or correctional facility, it must conduct a test — in the areas of the penitentiary or correctional facility before the visitor control point — of the interference with or obstruction of radiocommunication that continuous jammer use causes to devices that are used for wireless telecommunications services. The test must be conducted for each radio frequency band that the jammer interferes with or obstructs.

When test is required

(2) The test must be conducted within a reasonable time after any of the following situations occur:

Records

(3) The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must maintain a record of each test conducted that contains the following information:

Prevention of non-authorized access and storage

13 An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) must take reasonable measures to ensure that any jammer for which they are responsible is

Continuous use — records

14 (1) The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must maintain a record for each jammer that is intended to be used on a continuous basis at a penitentiary or correctional facility. The record must contain the following information:

All other use — records

(2) The Correctional Service of Canada or the Sous-ministĂ©riat des services correctionnels of Quebec’s Ministère de la SĂ©curitĂ© publique, as the case may be, must maintain a record of each use — by an employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) — of a jammer intended to be used on a sporadic basis. The record must contain the following information:

Cessation of Effect

Five years after coming into force

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

Coming into Force

Registration

16 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.)

Issues

The Correctional Service of Canada (CSC) and the Sous-ministériat des services correctionnels du Québec (SMSC) require the ability to use radiocommunication jammers lawfully under the Radiocommunication Act (RA) to support the security of their penitentiaries and correctional facilities, respectively, and to support the safety of the general public, their staff, and inmates. The RA prohibits jammer-related activities in Canada but provides the Minister of Industry with the authority to exempt persons or entities from these prohibitions.

Background

The RA defines jammers as devices that transmit, emit, or radiate electromagnetic energy and are designed to cause, cause, or are capable of causing interference or obstruction to radiocommunication. This definition excludes devices for which standards have been established under paragraph 5(1)(d) or 6(1)(a) of the RA or for which an authorization has been issued.

The RA prohibits the installation, use, possession, manufacture, importation, distribution, lease, offer for sale, or sale of jammers under subsection 4(4). However, recognizing that legitimate uses for jammers may exist in specific circumstances, the Minister of Industry has the authority under subsection 14(1) of the RA to issue orders exempting any person, class of persons, or entity from the jammer-related prohibitions under section 4(4) and paragraph 9(1)(b) of the RA. These exemptions may be issued for purposes such as public safety, including penitentiaries and prisons, the protection of property, the prevention of serious harm to individuals, and the investigation or prosecution of offences in Canada, including the preservation of evidence.

The Minister of Industry has issued exemption orders from the jammer-related prohibitions to the Royal Canadian Mounted Police (RCMP) since 2015, including the current one issued in 2024, and to the Department of National Defence (DND) and the Canadian Forces (CF) in 2024 to allow these organizations to use radiocommunication jammers lawfully under the RA, in accordance with the purposes and the conditions of their respective orders.

Objective

The objective of this exemption order (the Order) is to exempt employees of CSC and SMSC who are required to install, use, possess, import or distribute jammers from the jammer-related prohibitions in the RA, subject to certain conditions. Additionally, the exemption extends to employees of other organizations who are required to import jammers for the purpose of procurement for CSC and SMSC. The exemption also extends to suppliers and subcontracted suppliers of goods who provide jammers or services related to jammers to CSC and SMSC in certain situations.

Description

This Order represents a pilot project in that it grants the first exemptions from the jammer-related prohibitions in the RA for the use of jammers within specific correctional institutions and accounts for the use of continuous and sporadic jammer applications in its conditions. The Order offers CSC and SMSC a controlled opportunity to install, use and evaluate jammer technology, setting an example for other correctional organizations in Canada that may consider the use of jammers in the future. The pilot will provide availability of valuable data on the operational effectiveness of jammers and their impact to the radiofrequency spectrum in a correctional environment to inform Innovation, Science, and Economic Development Canada’s (ISED) future regulatory approach.

The Order is unique in that this is the first exemption granted to correctional services in Canada and the first to extend to a non-federal government organization. This exemption covers employees of CSC, a federal correctional organization, and SMSC, a provincial correctional organization. CSC and SMSC were selected for this pilot project following the submission of their comprehensive, formal requests, which were supported by senior levels of their respective government organizations and due to the urgency associated with their significant reported rise in contraband cellphone and drone related incidents within their institutions. These organizations will be able to apply jammer technology as an additional layer of security to prevent unauthorized communications and the delivery of contraband. According to CSC’s observations, there was an increase in the number of cellphone seizure incidents by fiscal year nationally from 305 to 846 between 2019–2020 and 2022–2023. CSC also observed that there was an increase in the national number of drone-related incidents from 266 to 619 between 2020–2021 and 2022–2023. SMSC has reported that, in recent years, there has been a significant increase in the number of cellphones seized in their correctional facilities in the province of Quebec. More specifically, from 2021 to 2024, there was an increase of nearly 93% in the number of devices confiscated. In the last year, a total of 1 975 mobile phones were recovered between April 1, 2023, and March 31, 2024. The use of jammers will help address the growing challenges posed by contraband cell phones and drones.

The continuous use of jammers is intended to block unauthorized cellular communications within correctional institutions, while sporadic applications could be used to counter drone activities, with emissions targeted beyond institutional perimeters as needed. These measures reflect the innovative nature of this pilot project and the distinct challenges it seeks to address. These controlled jammer applications aim to enhance the safety of staff, inmates, and the public while generating critical insights to inform ISED’s future regulatory frameworks.

The Order only allows jammer-related activities to be carried out for certain purposes identified in subsection 14(1) of the RA, such as public safety, including with respect to penitentiaries and prisons. The Order imposes conditions to restrict unintended interference with the radiofrequency spectrum and ensure that ISED retains the ability to effectively manage the spectrum for the benefit of all Canadians. These conditions include a requirement to make every reasonable effort to restrict the jammer’s interference with or obstruction of radiocommunication to that required to accomplish the intended purposes. Furthermore, there is a requirement to make every reasonable effort to restrict emissions from jammers from causing interference to radiocommunication in the area above the penitentiary or correctional facility and in the areas of the penitentiary or correctional facility before the visitor control point in the case of continuous jammer use. These conditions will safeguard cellphone services outside of restricted zones. The conditions also require the minimization of emissions and exposure from jammer use, the secure storage of jammers, and record keeping related to the use of jammers.

Furthermore, as part of this pilot project, the Order imposes additional conditions designed to ensure the effective installation and use of jammers while restricting unintended interference. Key conditions include requirements to maintain technical specifications of jammers, to conduct analysis to determine parameters of each jammer or system of jammers, to conduct interference tests, and to notify relevant authorities such as ISED and NAV CANADA. The inclusion of requirements related to record-keeping, technical analyses, interference tests, and notification ensures transparency, accountability, and the availability of valuable data to inform the development of future regulatory frameworks. As part of the notification requirements, CSC and SMSC must also provide ISED with contact information for service or support 24 hours a day, 7 days a week to facilitate radio interference investigations and verifications of compliance with the Order.

The Order’s exemptions only apply to jammer manufacturing in Canada by suppliers performing work under a contract or related subcontract for the provision of jammers or related services to CSC and SMSC. ISED continues to investigate associated considerations and will work with stakeholders to develop a framework for jammer-related activities, such as manufacturing, outside of such contracts.

The Order is valid for five years and may be reviewed and adjusted as needed before its expiration.

Regulatory development

Consultation

Public consultations on the general use of radiocommunication jamming devices were held in 2001. The consultation elicited over 200 submissions from individual Canadians and some 30 submissions by Canadian companies and industry associations. The comments received demonstrated clear public support for restricting the use of jammers in Canada. At that time, the Department indicated it would support public safety needs with respect to the use of jammers. The results of those consultations supported the amendments to the RA in 2014, which provide clear prohibitions of jammers in Canada and the current framework for limited, regulated exemptions from these prohibitions.

The need to effectively regulate technologies that may adversely affect the use of spectrum, such as jammers, was also highlighted in a recommendation developed following an expansive Broadcasting and Telecommunications Legislative Review held between 2018 and 2020. The recommendation noted that the Minister of Industry should have the authority to set conditions of use, to limit the use of, or prohibit some technologies if their use would unduly impact the use of spectrum. The recommendation also included that the definitions and prohibitions in the RA should be reviewed to ensure that all types of apparatus, systems, or any other thing that affect safe, secure, reliable, and interference-free radiocommunication in Canada are included in the RA’s scope.

CSC and SMSC were consulted during the development of this regulatory exemption to ensure that the Order supports these organizations in fulfilling their lawful mandates and includes the appropriate safeguards to restrict unwanted interference, recognizing the importance that Canadians attribute to having interference-free wireless communications. NAV CANADA was also engaged during the development of the Order to account for radiocommunication-related considerations with respect to its role within the aviation ecosystem to help guide aircraft safely and efficiently through Canadian airspace.

This exemption order was not published in the Canada Gazette, Part I, in light of the risks associated with the increasing number of contraband cell phone and drone-related incidents. In the press release related to new rules to prevent contraband in correctional facilities dated on October 9, 2024, The Honourable Dominic LeBlanc, Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, emphasized the government’s commitment to enhancing safety within correctional facilities, stating, “Our government is committed to bringing regulations forward that keep communities safe while rehabilitating individuals in the correctional system and preparing them for reintegration into society.” Similarly, in October 2023, François Bonnardel, Quebec’s Minister of Public Security, announced a $35.8 million investment over five years to strengthen security in correctional facilities, including acquiring specialized equipment to combat contraband. The Minister expressed on several occasions the importance and urgency to obtain the authorization from the federal government to use jammers in the prisons of QuĂ©bec. For example, as posted on his X (Twitter) account on October 17, 2024, Minister Bonnardel reminded Ministers of public security and ministers of Justice from across the country at a meeting in Yellowknife that it is important and urgent for the Federal government to allow the use of jammers in Quebec prisons. Also, in a La Presse article of October 29, 2024, about drones and cellphones in prison, Minister Bonnardel has asserted that it was “urgent’’ for Ottawa to authorize jammers to control the scourge of phones. All of these statements underscore the urgent need for an exemption order to install and use jammer technology, aiming to prevent unauthorized communications and contraband deliveries, thereby enhancing the safety and security of correctional institutions.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment was conducted that examined the geographical scope and subject matter of the initiative in relation to modern treaties in effect and did not identify any potential modern treaty impacts. The initiative will take effect in modern treaty areas, but does not pertain to the key rights areas. As a result, a detailed assessment is not required.

Instrument choice

A ministerial order under subsection 14(1) of the RA is the mechanism used to exempt persons and entities from the jammer-related prohibitions under subsection 4(4) and paragraph 9(1)(b) of the RA. As such, it is the most appropriate instrument to achieve the objective of exempting CSC and SMSC employees from the jammer-related prohibitions found in the RA for the specified purposes and subject to prescribed conditions.

An order by the Governor in Council (GIC) under subsection 3(2) of the RA is another instrument that could be used to exempt CSC and SMSC from the jammer-related provisions in the RA. This type of GIC order was used for similar purposes prior to 2014, at which time Parliament established an exemption framework explicitly for jammers, prescribing the purposes for which an exemption could be granted, and empowered the Minister of Industry to administer the framework.

Regulatory analysis

Benefits and costs

This Order facilitates the ability to use radiocommunication jammers lawfully under the RA to support the security of CSC penitentiaries and SMSC correctional facilities. All Canadians are expected to benefit from CSC and SMSC’s ability to use jammers to provide an additional layer of security against illicit cellular communications and delivery of contraband using drones, which may jeopardize the security of penitentiaries and the safety of the public, staff, and inmates.

Businesses acting as suppliers or subcontracted suppliers that provide goods and services related to jammers to CSC and SMSC would be affected by this regulation. There is a lack of readily available information related to the potential costs and benefits that could be experienced by these businesses. Quantitative estimates on the magnitude of these costs and benefits and the number or type of businesses that could be impacted are unavailable at this time. This lack of information is in part because the extent of the costs or benefits would depend on the goods or services that would be provided by the supplier or subcontracted supplier, which could vary depending on the contract that they are entering into. The number of businesses impacted could also vary depending on CSC and SMSC’s needs with respect to jammer-related goods and services.

Suppliers and subcontracted suppliers may experience costs to comply with the conditions of the Order. ISED expects that costs experienced by suppliers will be minor compared to the financial benefits they may derive from an ability to provide specific jammer-related goods and services that they would otherwise not be able to engage in.

Small business lens

Analysis under the small business lens concluded that the proposed regulation has the potential for low-cost impacts to small businesses. Small businesses in Canada may be impacted should they provide goods or services related to jammers to CSC and SMSC pursuant to this Order. Associated costs would be as a result of compliance with certain conditions of the exemption order, such as the requirement to store jammers securely. Estimates of the number of small businesses in Canada that may be impacted is unavailable at this time and may depend on CSC and SMSC’s needs with respect to jammer-related goods and services and the extent to which they participate in related solicitations. The needs of small businesses have been accounted for in the design of this regulation by crafting straightforward conditions and avoiding the imposition of complex record keeping or reporting requirements.

One-for-one rule

The one-for-one rule does not apply to this Order, as there is no change in administrative costs to business.

Regulatory cooperation and alignment

Canada is not party to any international agreement whose obligations would need to be satisfied as part of implementing the Order. This Order is not related to a work plan or commitment under a formal regulatory cooperation forum.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, this Order has been exempted from the requirement to complete a Strategic Environmental and Economic Assessment (SEEA). It has been exempted from this requirement because it has been determined to have a low likelihood of important environmental or economic effects due to its subject matter being related to radiocommunication and its scope being related to jammer-related activities being carried out by employees of CSC and SMSC, as well as persons or entities supporting their processes and activities in certain circumstances.

Gender-based analysis plus

The Order will generally benefit all Canadians by ensuring that CSC and SMSC can use jammers to support their lawful mandates while being in compliance with the requirements of the RA. The Order will benefit Canadians regardless of gender identity or demographic characteristics. Jammers would be used by these organizations to support the security of penitentiaries and the safety of the public, their staff, and inmates. No generational or income-distributional impacts are expected as a result of this exemption and no direct barriers to access and participation in the benefits of this exemption, or negative impacts, are expected.

Implementation, compliance and enforcement, and service standards

The Order will come into force on the day on which it is registered and will be valid for a five-year duration.

Apart from the classes of persons and entities identified in the Order who will be exempted from the application of subsection 4(4) and paragraph 9(1)(b) of the RA, as per its purposes and conditions, jammer-related activities will remain a contravention of the RA and subject to the applicable enforcement provisions provided for in the RA. Compliance activities related to this Order will be incorporated into ISED’s existing compliance and enforcement strategies. Further information on the prohibition on jammers in Canada can be found on the Jammers are Prohibited in Canada: That’s the Law webpage, while information on compliance and enforcement can be found on ISED’s website.

There are no service standards with respect to exemption orders related to jammers under the RA.

Contact

Suzanne Macdonald
Director
Broadcast, Coordination and Planning
Spectrum Management Operations Branch
Innovation, Science and Economic Development Canada
235 Queen Street
Ottawa, Ontario
K1A 0H5
Tel: 613‑608‑1645
Email: spectrumregulatory-reglementationduspectre@ised-isde.gc.ca