Radiocommunication Regulations (SOR/96-484)

20. [Repealed, SOR/2001-533, s. 6]

• 21. (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.

• 22. (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.

23. [Repealed, SOR/2001-533, s. 9]

• 24. (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]