1 [Repealed, SOR/2021-40, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Radiocommunication Act; (loi)

aeronautical service

aeronautical service means a radiocommunication service that provides for the safety and navigation and other operations of aircraft, and that may also include the exchange of air-to-ground messages on behalf of the public; (service aéronautique)

amateur radio service

amateur radio service means a radiocommunication service in which radio apparatus are used for the purpose of self-training, intercommunication or technical investigation by individuals who are interested in radio technique solely with a personal aim and without pecuniary interest; (service de radioamateur)

applicable standard

applicable standard[Repealed, SOR/2001-533, s. 1]

developmental service

developmental service means a radiocommunication service that provides for research and development, experimentation or demonstration of radio apparatus, or the assessment of the marketability of radio apparatus, new technology or telecommunication services; (service de développement)

equipment

equipment means radio apparatus, interference-causing equipment and radio-sensitive equipment; (matériel)

fixed point-to-point service

fixed point-to-point service means a radiocommunication service that provides for communications on radio frequencies above 30 MHz between two fixed stations that are each authorized to operate at a specific point, other than fixed stations that also operate within the land mobile service on the same radio frequency as the one assigned to the land mobile service; (service point à point fixe)

fixed service

fixed service means a radiocommunication service that provides for communications between fixed stations or between fixed stations and space stations; (service fixe)

fixed station

fixed station means a radio station authorized to operate at a fixed point; (station fixe)

interconnected radio-based transmission facility

interconnected radio-based transmission facility means any radio apparatus that is used for the transmission or reception of intelligence to or from anywhere on a public switched network; (installation de transmission radio d’interconnexion)

intersatellite service

intersatellite service means a radiocommunication service that provides for communications between space stations; (service intersatellite)

joint venture

joint venture means an association of two or more persons, if the relationship among those associated persons does not, under the laws in Canada, constitute a corporation, a partnership or a trust, and if all the undivided ownership interests in the assets of the radiocommunication user and radiocommunication service provider or in the voting interests of the radiocommunication user and radiocommunication service provider are or will be owned by all the persons that are so associated; (coentreprise)

land mobile service

land mobile service means a radiocommunication service that provides for communications between mobile stations and

• (a) fixed stations,

• (b) space stations, or

• (c) other mobile stations; (service mobile terrestre)

manufacturer

manufacturer means

• (a) the person specified as the manufacturer in the applicable standard, or

• (b) where no applicable standard exists or where the manufacturer is not specified in any applicable standard, the person, other than a person whose function is solely to install equipment, who

  • (i) with respect to radio apparatus and interference-causing equipment, carries out the last assembly of or last modification to the model of equipment which could affect its capacity to cause interference to radiocommunication, or

  • (ii) with respect to radio-sensitive equipment, carries out the last assembly of or last modification to the model of equipment which could affect its sensitivity to electromagnetic energy; (fabricant)

maritime service

maritime service means a radiocommunication service that provides for the safety and navigation and other operations of ships or vessels, and that may also include the exchange of ship-to-shore messages on behalf of the public; (service maritime)

Minister

Minister[Repealed, SOR/2021-40, s. 3]

mobile station

mobile station means a radio station intended to be used while in motion and during stops; (station mobile)

model

model means equipment identified by, and permanently marked with, a unique brand, trade name, symbol or logo and an identification code, comprised of letters, numbers or a combination thereof; (modèle)

person

person includes a corporation, partnership, trust and joint venture; (personne)

public information service

public information service means a radiocommunication service that provides for communications in which the transmissions are intended for the public, but does not include transmissions by a broadcasting undertaking; (service d’information publique)

radiocommunication carrier

radiocommunication carrier[Repealed, SOR/2014-34, s. 1]

radiocommunication service provider

radiocommunication service provider means a person who operates radio apparatus used by that person or another person to provide radiocommunication services for compensation; (fournisseur de services radio)

radiocommunication user

radiocommunication user means a person who operates radio apparatus for personal or government use or for a business other than the business of a radiocommunication service provider; (usager radio)

radiodetermination service

radiodetermination service means a radiocommunication service that provides for the determination of the position, velocity or other characteristics of an object or physical phenomenon, or for the obtaining of information relating to these parameters, by means of the propagation properties of radio waves; (service de radiorepérage)

renewable radio licence

renewable radio licence means a radio licence that is issued for a period of one year or less, that expires on March 31 and that can be renewed for a period of one year; (licence radio renouvelable)

space station

space station means a radio station where radio apparatus that is used for any radiocommunication service is installed in a place located outside the major portion of the earth’s atmosphere or is intended to travel beyond the major portion of the earth’s atmosphere; (station spatiale)

TAC

TAC means a technical acceptance certificate; (CAT)

temporary radio licence

temporary radio licence means a radio licence that is issued for a period of 11 months or less and that cannot be renewed. (licence radio temporaire)

Applicable Standards

2.1 The applicable standards for equipment or any class of equipment are those established by the Minister pursuant to paragraph 5(1)(d) of the Act and that are set out in the Category I Equipment Standards List, as amended from time to time, and the Category II Equipment Standards List, as amended from time to time, both published by the Department of Industry.

PART IRadio Licences

Radiocommunication Services and Stations

3 It is a term of a radio licence that the holder of the licence may

• (a) install, operate or possess radio apparatus to perform any of the following services, as authorized by the radio licence, namely,

  • (i) aeronautical service,

  • (ii) amateur radio service,

  • (iii) public information service,

  • (iv) developmental service,

  • (v) fixed service,

  • (vi) intersatellite service,

  • (vii) land mobile service,

  • (viii) maritime service,

  • (ix) radiodetermination service, and

  • (x) fixed point-to-point service; and

• (b) install, operate or possess radio apparatus at a fixed station, mobile station or space station as authorized by the radio licence.

Restriction Relating to Holders of Radio Licences

4 It is a term of a radio licence that the holder of the radio licence shall restrict the activities of the station to those radiocommunication services referred to in paragraph 3(a) that are specified in the licence.

5 It is a term of a radio licence that the holder of the radio licence who is a radiocommunication service provider shall provide its radiocommunication services without unjust discrimination.

Restrictions Relating to the Aeronautical Service

6 Use of radio apparatus in the aeronautical service is restricted to communications relating to

• (a) the safety and navigation of aircraft;

• (b) the general operation of aircraft; and

• (c) the exchange of messages on behalf of the public.

Restrictions Relating to the Developmental Service

7 Use of radio apparatus licensed in the developmental service is restricted to experiments, tests, research or demonstrations being carried out in relation to that service.

Restrictions Relating to the Maritime Service

8 Use of radio apparatus in the maritime service is restricted to communications relating to

• (a) the safety and navigation of ships or vessels;

• (b) the general operation of ships or vessels; and

• (c) the exchange of messages on behalf of the public.

Eligibility

• 9 (1) The following persons are eligible to be issued radio licences or spectrum licences as radiocommunication users or radiocommunication service providers in all services except the amateur radio service:

  • (a) an individual who is

    • (i) a citizen within the meaning of subsection 2(1) of the Citizenship Act,

    • (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration Act, or

    • (iii) a non-resident who has been issued an employment authorization under the Immigration and Refugee Protection Act;

  • (b) a corporation that is incorporated or continued under the laws of Canada or a province;

  • (c) a partnership, joint venture or trust if each partner, co-venturer or trustee is eligible to be issued a radio licence under this subsection;

  • (d) a Canadian government, whether federal, provincial or local, or an agency thereof;

  • (e) the Government of a country other than Canada, which is a signatory to the Vienna Convention on Diplomatic Relations, done at Vienna, April 18, 1961;

  • (f) any person who is the registered owner of an aircraft that is registered in Canada, for the establishment and operation of a station on board the aircraft;

  • (g) any person who is the registered or licensed owner of a ship or vessel that is registered under the Canada Shipping Act or licensed under the Coasting Trade Act, for the establishment and operation of a station on board the ship or vessel; and

  • (h) any person who is a resident of a country other than Canada, who

    • (i) seeks to establish and operate a radio station designed for interconnection with a public switched network, or

    • (ii) requires a radio licence for radio apparatus used for a special event of a limited duration.

• (2) [Repealed, SOR/2000-78, s. 1]

10 [Repealed, SOR/2014-34, s. 3]

10.1 [Repealed, SOR/2014-34, s. 3]

Non-Assignability of Radio Licences

11 It is a term of a radio licence that the licence not be transferred or assigned without the authorization of the Minister.

Stations Licensed or Exempted in Another Country

12 Radio apparatus used in a mobile station that is licensed or exempted by the responsible administration of another country is exempt from the application of subsection 4(1) of the Act if the mobile station is used for communications with stations licensed or exempted in Canada or that other country and if

• (a) the operator is a citizen of that other country; and

• (b) a reciprocal agreement that allows similar privileges to Canadians exists between that other country and Canada.

Radio Licences of Radiocommunication Service Providers

• 13 (1) It is a term of a radio licence of a radiocommunication service provider that a subscriber to the services or a lessee of radio apparatus of the radiocommunication service provider may install, operate or possess radio apparatus to communicate with other radio apparatus to which that licence applies.

• (2) Use of the services or radio apparatus of a radiocommunication service provider is restricted to communications with radio apparatus to which the radio licence referred to in subsection (1) applies.

• 14 (1) Every radiocommunication service provider shall provide to each of its subscribers and lessees of its radio apparatus a copy of the terms and conditions of its radio licence that are applicable to those subscribers or lessees, as the case may be.

• (2) [Repealed, SOR/2011-47, s. 3]

Exemption

15 Radio apparatus that is set out in and meets a standard set out in the Licence-exempt Radio Apparatus Standards List, April 2020 is exempt from the application of subsection 4(1) of the Act in respect of a radio licence.

Exemption of Radio Apparatus on Board an Aircraft

• 15.1 (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]

Exemption of Radio Apparatus on Board a Ship or Vessel

• 15.2 (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]

Exemption of Radio Apparatus Operated in the Amateur Radio Service

15.3 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.

PART IIBroadcasting Undertakings

Certificate Exemption

16 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.

17 [Repealed, SOR/2011-47, s. 7]

Identification

18 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

19 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)

20 [Repealed, SOR/2001-533, s. 6]

Requirements for Certification

• 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.

Compliance with Standards

• 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]

Testing

• 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]

Labelling

• 25 (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.

PART IVRadio Operator Certificates

Application

• 26 (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

27 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

28 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.

29 [Repealed, SOR/2011-47, s. 9]

PART VRequirements for the Operation of Radio Apparatus

Operation of Radio Apparatus

30 [Repealed, SOR/2011-47, s. 10]

31 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.

32 [Repealed, SOR/2011-47, s. 11]

33 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.

• 34 (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.

Operation in the Aeronautical Service

34.1 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.

Operation in the Maritime Service

34.2 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.

35 The holder of a radio operator certificate set out in column I of an item of Schedule I has the same operating privileges as the holder of a radio operator certificate set out in column II of that item.

36 The holder of a radio operator certificate set out in column I of an item of Schedule II may operate radio apparatus that forms part of a radio station set out in column II of that item.

37 [Repealed, SOR/2014-34, s. 5]

Proof of Radio Authorization

38 The holder of a radio authorization shall, at the request of an inspector appointed pursuant to the Act, show the radio authorization or a copy thereof to the inspector within 48 hours after the request.

Operation, Repair and Maintenance of Radio Apparatus on behalf of Another Person

39 A person may install, place in operation, modify, repair, maintain or permit the operation of radio apparatus on behalf of another person only where, if a radio licence is required,

• (a) that other person has obtained a radio licence; and

• (b) the person does so in accordance with the terms of the radio licence.

Assignment of Frequencies

40 The assignment of a frequency or frequencies to a holder of a radio authorization does not confer a monopoly on the use of the frequency or frequencies, nor shall a radio authorization be construed as conferring any right of continuing tenure in respect of the frequency or frequencies.

Identification

41 The holder of a radio licence shall identify the radio station in respect of which the licence was issued in accordance with the Technical Requirements Respecting Identification of Radio Stations, issued by the Minister, as amended from time to time.

Operation in the Amateur Radio Service

Operating Qualifications

42 An individual may operate radio apparatus in the amateur radio service if the individual is the holder of one or more of the following certificates or licences:

• (a) an Amateur Radio Operator Certificate with Basic Qualification;

• (b) [Repealed, SOR/2020-278, s. 4]

• (c) [Repealed, SOR/2020-278, s. 4]

• (d) [Repealed, SOR/2020-278, s. 4]

• (e) a Radiotelephone Operator’s General Certificate (Aeronautical);

• (f) a Radiotelephone Operator’s General Certificate (Maritime);

• (g) a Radiotelephone Operator’s General Certificate (Land);

• (h) [Repealed, SOR/2020-278, s. 4]

• (i) a radio licence in the amateur radio service and an amateur radio operator authorization, issued by the responsible administration of a country other than Canada, if

  • (i) the individual is a citizen of that country, and

  • (ii) a reciprocal arrangement that allows similar privileges to Canadians exists between that other country and Canada; and

• (j) a radio licence for a radio station in the amateur radio service issued to a citizen of the United States by the Government of the United States.

Installation and Operating Restrictions

43 [Repealed, SOR/2000-78, s. 4]

44 A person who operates radio apparatus in the amateur radio service must hold an Amateur Radio Operator Certificate with Advanced Qualification in order to

• (a) install or operate a transmitter or a radio frequency amplifier that is not commercially manufactured, for use in the amateur radio service; or

• (b) install any radio apparatus to be used specifically

  • (i) for receiving and automatically retransmitting radiotelephone communications within the same frequency band, or

  • (ii) for an amateur radio club station.

Technical Requirements

45 A person shall operate radio apparatus in the amateur radio service in accordance with the technical requirements set out in the Standards for the Operation of Radio Stations in the Amateur Radio Service, issued by the Minister, as amended from time to time.

Participation in Communications

• 46 (1) Any person may participate in the operation of radio apparatus in the amateur radio service under the supervision and in the presence of an individual referred to in section 42.

• (2) A holder of a certificate or licence referred to in section 42 may

  • (a) permit any person who does not hold such a certificate or licence to operate radio apparatus, subject to compliance with the terms and conditions of that holder’s certificate or licence; and

  • (b) permit the participation in the operation referred to in paragraph (a) by any person only in accordance with subsection (1).

Communications with Radio Apparatus in the Amateur Radio Service

47 A person who operates radio apparatus in the amateur radio service may only

• (a) communicate with a radio station that operates in the amateur radio service;

• (b) use a code or cipher that is not secret; and

• (c) be engaged in communication that does not include the transmission of

  • (i) music,

  • (ii) commercially recorded material,

  • (iii) programming that originates from a broadcasting undertaking, or

  • (iv) radiocommunications in support of industrial, business or professional activities.

Emergency Communications

48 In a real or simulated emergency, a person operating radio apparatus in the amateur radio service may only communicate with a radio station that is in the amateur radio service in order to transmit a message that relates to the real or simulated emergency on behalf of a person, government or relief organization.

Remuneration

49 A person who operates radio apparatus in the amateur radio service shall do so without demanding or accepting remuneration in any form in respect of a radiocommunication that the person transmits or receives.

PART VIInterference

Determination of Interference for a Model of Equipment

• 50 (1) This section applies to

  • (a) equipment whether or not it complies with applicable standards; and

  • (b) equipment for which no applicable standard exists.

• (2) Where the Minister, taking into account the factors mentioned in subsection (5), determines that a model or several models of equipment cause or are likely to cause interference to radiocommunication or suffer from or are likely to suffer from adverse effects of electromagnetic energy, the Minister shall give notice of the determination to persons who are likely to be affected thereby.

• (3) No person shall manufacture, import, distribute, lease, offer for sale, sell, install or use equipment in respect of which a notice referred to in subsection (2) has been given.

• (4) Subsection (3) does not apply in respect of equipment that is manufactured or imported solely for export purposes.

• (5) A determination pursuant to subsection (2) shall include the consideration of the following factors:

  • (a) the electromagnetic environment in which the equipment is being used;

  • (b) the circumstances under which it is being used;

  • (c) the technical characteristics of the devices being interfered with or being adversely affected by electromagnetic energy; and

  • (d) the technical characteristics of the devices causing interference or the adverse effects of electromagnetic energy.

51 A determination under section 50 does not apply to a determination under paragraph 5(1)(l) of the Act.

Determination of Interference other than Harmful Interference

• 52 (1) If the Minister, taking into account the factors referred to in subsection (2), determines that a radio apparatus causes or suffers from interference other than harmful interference or adverse effects of electromagnetic energy, the Minister shall, if it is necessary for the purpose of ensuring the orderly development and efficient operation of radiocommunication in Canada, order the persons in possession or control of the radio apparatus to cease or modify operation of the radio apparatus until it can be operated without causing or being affected by that interference or those adverse effects.

• (2) A determination pursuant to subsection (1) shall consider the following factors:

  • (a) the electromagnetic environment in which the radio apparatus is being used;

  • (b) the circumstances under which it is being used;

  • (c) the technical characteristics of the devices being interfered with or being adversely affected by electromagnetic energy; and

  • (d) the technical characteristics of the devices causing interference or the adverse effects of electromagnetic energy.

• 53 (1) A determination under section 52 does not apply to a determination under paragraph 5(1)(l) of the Act.

• (2) No person shall operate radio apparatus contrary to an order made under subsection 52(1).

PART VIIPrivacy of Communications

Prescribed Exceptions

• 54 (1) The exceptions set out in subsection (2) apply to

  • (a) a person who makes use of or divulges a radio-based telephone communication; and

  • (b) a person who intercepts and makes use of or intercepts and divulges any radiocommunication.

• (2) The persons referred to in subsection (1) are excepted from the prohibitions set out in subsections 9(1.1) and (2) of the Act where the use or divulgation, or interception and use or interception and divulgation, as the case may be, is made

  • (a) for the purpose of preserving or protecting any property, or the prevention of serious harm to any person, including the bringing of emergency assistance to any person;

  • (b) in the course of or for the purposes of giving evidence in any criminal or civil proceeding or in any other proceeding in which the persons may be required to give evidence on oath;

  • (c) by a peace officer, prosecutor, officer of the court or other public official, or by a person who discloses the communication to such an official, for the purpose of the investigation or prosecution of an alleged contravention of any law of Canada or a province or in the interests of the administration of justice; or

  • (d) on behalf of Her Majesty in right of Canada for the purposes of international affairs or national defence or security.

• (3) In addition to being excepted where appropriate under the circumstances referred to in subsection (2), the following persons are also excepted from the prohibitions referred to in that subsection in the following circumstances:

  • (a) an officer or servant of Her Majesty in right of Canada, where the officer or servant makes use of or divulges a radio-based telephone communication, or intercepts and makes use of, or intercepts and divulges, a radiocommunication, as the case may be, in the course of radio frequency spectrum management for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission; or

  • (b) an officer or servant of Her Majesty in right of Canada or a person providing a communication service, where the officer, servant or person makes use of or divulges a radio-based telephone communication, intercepts and makes use of, or intercepts and divulges, a radiocommunication, as the case may be, in the course of monitoring radiocommunications for the purpose of ensuring the security and integrity of communications and communication systems.

PART VIIIFees

Interpretation

55 For the purposes of this Part,

broadband personal communications services radio frequencies

broadband personal communications services radio frequencies[Repealed, SOR/2021-40, s. 5]

cellular mobile radio frequencies

cellular mobile radio frequencies[Repealed, SOR/2021-40, s. 5]

congestion zone

congestion zone means the geographical area where a station is located and is described as a low congestion zone, a medium congestion zone or a high congestion zone; (zone d’encombrement)

coverage area

coverage area means the geographic area over which a radio signal is propagated as is determined by the terrain, antenna height, effective radiated power, frequency, or other technical characteristics that may affect the path or field strength level of the signal; (zone de couverture)

high congestion zone

high congestion zone means, in respect of a regional area set out in column I of an item of Schedule V, the area bounded by the geographical coordinates set out in columns II to X of that item; (zone d’encombrement intense)

link

link means the spectrum dedicated to an assigned radio frequency that is used to communicate between two stations; (liaison)

low congestion zone

low congestion zone means any area that is not a medium congestion zone or a high congestion zone; (zone d’encombrement faible)

medium congestion zone

medium congestion zone means, in respect of a regional area set out in column I of an item of Schedule VI, the area bounded by the geographical coordinates set out in columns II to XI of that item, but does not include any area that is included in a high congestion zone; (zone d’encombrement moyen)

metropolitan area

metropolitan area means, in respect of a metropolitan area set out in column I of an item of Schedule IV, the geographical area bounded by the north latitude in the range between the limits set out in columns II and III of that item and the west longitude in the range between the limits set out in columns IV and V of that item; (région métropolitaine)

narrowband personal communications services radio frequencies

narrowband personal communications services radio frequencies means the transmit and receive frequencies in the radio frequency bands 901 MHz to 902 MHz, 930 MHz to 931 MHz and 940 MHz to 941 MHz; (radiofréquences des services de communications personnelles à bande étroite)

necessary bandwidth

necessary bandwidth means the width of a radio frequency band required to ensure accurate and optimum transmission of information; (largeur de bande nécessaire)

other area

other area means a geographical area in Canada other than a metropolitan area; (autre région)

public cordless telephone radio frequencies

public cordless telephone radio frequencies[Repealed, SOR/2014-34, s. 7]

radio licence fee

radio licence fee[Repealed, SOR/2014-34, s. 7]

remote area

remote area means any area not identified as an “Urban area” or “Rural area” on the Map of Radiocommunication Areas, published by the Department of Industry in February, 2021; (région éloignée)

rural area

rural area means any area identified as a “Rural area” on the Map of Radiocommunication Areas, published by the Department of Industry in February, 2021; (région rurale)

urban area

urban area means any area identified as an “Urban area” on the Map of Radiocommunication Areas, published by the Department of Industry in February, 2021. (région urbaine)

General

56 The radio licence fee payable in respect of a radio licence that is issued in respect of radio apparatus installed in a station and that authorizes the use of certain frequencies is

• (a) in the case of a renewable radio licence, the annual fee for the period from April 1 to March 31 of the following year, that is payable in advance on March 31 of each year and that is the fee set out in section 61.1 or 65.1 or in column IV of Parts I to IV, V and VI of Schedule III;

• (b) in the case of either a renewable radio licence or a temporary radio licence that is valid for a period of more than 30 days, the monthly fee set out in section 61.1 or 65.1 or in column III of Parts I to IV, V and VI of Schedule III multiplied by the number of months for which the licence is valid; or

• (c) in the case of either a renewable radio licence or a temporary radio licence that is valid for a period of 30 days or less, the monthly fee set out in section 61.1 or 65.1 or in column III of Parts I to IV, V and VI of Schedule III.

Radio Licence Fee Exemption for Foreign Governments

57 The radio licence fees do not apply in respect of a radio licence issued to a foreign government that grants a reciprocal radio licence fee exemption to Her Majesty in right of Canada.

Telephone Channel Equivalencies

58 For the purpose of calculating the radio licence fees payable for a radio licence authorizing operation on certain frequencies for radio apparatus installed in a fixed station or space station referred to in section 61 or 65 or 73,

• (a) one television channel, including the associated sound channels,

  • (i) where the necessary bandwidth is 6 MHz or less, is equivalent to 300 telephone channels,

  • (ii) where the necessary bandwidth is greater than 6 MHz and less than or equal to 12.7 MHz, is equivalent to 600 telephone channels, and

  • (iii) where the necessary bandwidth is greater than 12.7 MHz, is equivalent to 960 telephone channels;

• (b) one sound channel is equivalent to three telephone channels; and

• (c) one digitally modulated channel is equivalent to the number of telephone channels calculated by dividing the modulation bit rate by 64 kilobits per second.

59 [Repealed, SOR/2000-78, s. 12]

Mobile Stations

• 60 (1) The radio licence fee payable in respect of radio apparatus installed in a mobile station that operates in the aeronautical service or maritime service is the applicable fee set out in item 2 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (2) The radio licence fee payable in respect of radio apparatus installed in a mobile station that operates in the public information service is the applicable fee set out in item 3 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (3) The radio licence fee payable in respect of radio apparatus installed in a mobile station that operates in the developmental service or radiodetermination service is the applicable fee set out in item 4 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (4) The radio licence fee payable in respect of radio apparatus installed in a mobile station that operates in the land mobile service is the applicable fee set out in item 5 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (5) In addition to any applicable fee prescribed pursuant to subsection (1), (2), (3) or (4), the radio licence fee payable in respect of radio apparatus installed in a mobile station that communicates with a space station is the applicable fee set out in item 6 of Part I of Schedule III for all authorized transmit and receive frequencies.

• (6) The radio licence fee payable in respect of radio apparatus installed in a mobile station, other than a mobile station referred to in subsections (1) to (5), is the applicable fee set out in item 7 of Part I of Schedule III for all authorized transmit and receive frequencies.

Fixed Stations — Radiocommunication Users

Fixed Stations Communicating with other Fixed Stations or Space Stations

• 61 (1) Subject to subsection (2), the radio licence fee payable by a radiocommunication user in respect of radio apparatus installed in a fixed station, other than a fixed station that operates in the land mobile service or a fixed station described in section 61.1 or 62, is for each transmitter and each receiver installed at the station the sum of the applicable fees set out in Part II of Schedule III that corresponds to the number of telephone channels per radio frequency assigned to that transmitter or receiver.

• (2) If a fixed station, other than a fixed station described in section 61.1, 62 or 63, communicates solely on one transmit radio frequency and one receive radio frequency that are not manually selected with another fixed station, other than a fixed station in the land mobile service, operated for the automatic reception and retransmission of radiocommunications within a communication system that does not accept traffic from or deliver traffic to external points by means other than radio, the radio licence fee payable is the sum of

  • (a) in respect of all assigned transmit radio frequencies, the applicable radio licence fee for the assigned transmit radio frequency with the greatest number of telephone channels set out in Part II of Schedule III, and

  • (b) in respect of all assigned receive radio frequencies, the applicable radio licence fee for the assigned receive radio frequency with the greatest number of telephone channels set out in Part II of Schedule III.

Fixed Point-to-Point Service

• 61.1 (1) The radio licence fee payable by a radiocommunication user in respect of radio apparatus installed in a fixed station that is part of the fixed point-to-point service consisting of two stations located in an urban area or one station located in an urban area and another in a rural area is, for each link authorized by the licence, the applicable base rate set out in item 1 of Part IV.1 of Schedule III multiplied by the assigned spectrum, in MHz, that is set out in the licence.

• (2) The radio licence fee payable by a radiocommunication user in respect of radio apparatus installed in a fixed station that is part of the fixed point-to-point service consisting of two stations located in a rural area is, for each link authorized by the licence, the applicable base rate set out in item 2 of Part IV.1 of Schedule III multiplied by the assigned spectrum, in MHz, that is set out in the licence.

• (3) The radio licence fee payable by a radiocommunication user in respect of radio apparatus installed in a fixed station that is part of the fixed point-to-point service consisting of at least one station located in a remote area is, for each link authorized by the licence, the applicable base rate set out in item 3 of Part IV.1 of Schedule III multiplied by the assigned spectrum, in MHz, that is set out in the licence.

• (4) The minimum radio licence fee payable by a radiocommunication user in respect of radio apparatus installed in a fixed station that is part of the fixed point-to-point service is, for each link authorized by the licence,

  • (a) if the two stations are located in an urban area or one station is located in an urban area and the other is located in a rural area, the applicable fee set out in item 1 of Part IV.2 of Schedule III;

  • (b) if the two stations are located in a rural area, the applicable fee set out in item 2 of Part IV.2 of Schedule III; and

  • (c) if at least one station is located in a remote area, the applicable fee set out in item 3 of Part IV.2 of Schedule III.

Fixed Stations Operated in Certain Services

• 62 (1) The applicable radio licence fee set out in item 1 of Part III of Schedule III for all authorized transmit and receive frequencies is payable by a radiocommunication user in respect of radio apparatus installed in a fixed station to

  • (a) operate in any of the following services

    • (i) aeronautical service,

    • (ii) developmental service,

    • (iii) maritime service, and

    • (iv) radiodetermination service;

  • (b) communicate on radio frequencies at or below 30 MHz; or

  • (c) communicate on radio frequencies assigned to a radiocommunication service provider and for which the radiocommunication user does not come under the authority of the radiocommunication service provider’s licence as a subscriber.

• (2) The applicable radio licence fee set out in item 2 of Part III of Schedule III for all authorized transmit and receive frequencies is payable by a radiocommunication user in respect of radio apparatus installed in a fixed station to operate in the public information service.

Land Mobile Service

63 Subject to section 64, the radio licence fee payable by a radiocommunication user in respect of radio apparatus installed in a fixed station to operate in the land mobile service is the fee, for the applicable metropolitan or other area, set out in Part IV of Schedule III for each assigned transmit or receive frequency.

Electronic News Gathering

64 The radio licence fee payable by a radiocommunication user in respect of radio apparatus installed in a fixed station to operate in the land mobile service and to communicate with a mobile station for the purpose of electronic news gathering is the sum of

• (a) in respect of all assigned transmit radio frequencies, the fee, for the applicable metropolitan or other area, set out in item 1 of Part IV of Schedule III for one assigned transmit radio frequency, and

• (b) in respect of all assigned receive radio frequencies, the fee, for the applicable metropolitan or other area, set out in item 1 of Part IV of Schedule III for one assigned receive radio frequency.

Fixed Stations — Radiocommunication Service Providers

Fixed Stations Communicating with other Fixed Stations or Space Stations

65 The radio licence fee payable by a radiocommunication service provider in respect of radio apparatus installed in a fixed station, other than a fixed station referred to in any of sections 65.1 to 71, is for each transmitter and each receiver installed at the station the sum of the applicable fees set out in Part II of Schedule III that corresponds to the number of telephone channels per radio frequency assigned to that transmitter or receiver.

Fixed Point-to-Point Service

• 65.1 (1) The radio licence fee payable by a radiocommunication service provider in respect of radio apparatus installed in a fixed station that is part of the fixed point-to-point service consisting of two stations located in an urban area or one station located in an urban area and another in a rural area is, for each link authorized by the licence, the applicable base rate set out in item 1 of Part IV.1 of Schedule III multiplied by the assigned spectrum, in MHz, that is set out in the licence.

• (2) The radio licence fee payable by a radiocommunication service provider in respect of radio apparatus installed in a fixed station that is part of the fixed point-to-point service consisting of two stations located in a rural area is, for each link authorized by the licence, the applicable base rate set out in item 2 of Part IV.1 of Schedule III multiplied by the assigned spectrum, in MHz, that is set out in the licence.

• (3) The radio licence fee payable by a radiocommunication service provider in respect of radio apparatus installed in a fixed station that is part of the fixed point-to-point service consisting of at least one station located in a remote area is, for each link authorized by the licence, the applicable base rate set out in item 3 of Part IV.1 of Schedule III multiplied by the assigned spectrum, in MHz, that is set out in the licence.

• (4) The minimum radio licence fee payable by a radiocommunication service provider in respect of radio apparatus installed in a fixed station that is part of the fixed point-to-point service is, for each link authorized by the licence,

  • (a) if the two stations are located in an urban area or one station is located in an urban area and the other is located in a rural area, the applicable fee set out in item 1 of Part IV.2 of Schedule III;

  • (b) if the two stations are located in a rural area, the applicable fee set out in item 2 of Part IV.2 of Schedule III; and

  • (c) if at least one station is located in a remote area, the applicable fee set out in item 3 of Part IV.2 of Schedule III.

Land Mobile Service

66 Subject to sections 67 to 71, the radio licence fee payable by a radiocommunication service provider in respect of radio apparatus installed in a fixed station to operate in the land mobile service is the fee, for the applicable metropolitan or other area, set out in item 1 of Part V of Schedule III for each assigned transmit or receive frequency.

Dispatch

67 The radio licence fee payable by a radiocommunication service provider in respect of radio apparatus installed in a fixed station for the purpose of dispatch and to communicate with a mobile station in the land mobile service is the applicable congestion zone fee set out in item 2 of Part V of Schedule III for each assigned transmit or receive frequency.

Paging

68 The radio licence fee payable by a radiocommunication service provider in respect of radio apparatus installed in a fixed station in the land mobile service for the purpose of paging is the applicable congestion zone fee set out in item 3 of Part V of Schedule III for each assigned transmit or receive frequency.

69 [Repealed, SOR/2021-40, s. 11]

70 [Repealed, SOR/2021-40, s. 11]

Narrowband Personal Communications Services Radio Frequencies

71 The radio licence fee payable by a radiocommunication service provider in respect of radio apparatus installed in a fixed station that communicates on narrowband personal communications services radio frequencies is the applicable fee set out in item 6 of Part V of Schedule III for each 12.5 kHz assigned block of transmit or receive frequencies.

Fixed Station Communicating with a Station not Otherwise Described

72 The radio licence fee payable in respect of radio apparatus installed in a fixed station other than a fixed station referred to in sections 61 to 71 is the applicable fee set out in item 1 of Part III of Schedule III for all authorized transmit and receive frequencies.

Space Station

73 The radio licence fee payable in respect of radio apparatus installed in a space station that communicates with a fixed station or space station is, for each transmitter and each receiver installed at the station, the sum of the applicable fees set out in Part VI of Schedule III that corresponds to the number of telephone channels per radio frequency assigned to that transmitter or receiver.

74 [Repealed, SOR/2021-40, s. 12]

Radio Licence Amendments

75 Where a licensee requests an amendment to a radio licence that results in a higher fee, the radio licence fee payable is the difference between the existing fee and the new fee.

Additional Radio Frequency

76 Where a licensee operates on an additional radio frequency for which a fee is prescribed, the radio licence fee payable is the difference between the existing fee and the new fee.

Increase in the Number of Telephone Channels per Radio Frequency

77 Where a licensee increases the number of telephone channels of a radio frequency assigned to a transmitter or receiver installed at a fixed station or space station described in section 61, 65 or 73, the radio licence fee payable in respect of that amendment is the difference between

• (a) the new fee for the amended total number of telephone channels per radio frequency assigned to that transmitter or receiver, and

• (b) the existing fee for the total number of telephone channels per radio frequency assigned to that transmitter or receiver.

Relocation of a Station

78 Where a fixed station referred to in section 67 or 68 is relocated into a congestion zone where the radio licence fee is higher, the radio licence fee payable is, for each assigned transmit or receive radio frequency, the difference between the new fee in the congestion zone to which the station is relocated and the corresponding existing fee applicable in the congestion zone in which the station was previously located.

79 Where a fixed station referred to in section 63 or 66 is relocated from an area into a metropolitan area, the radio licence fee payable is, for each assigned transmit or receive radio frequency, the difference between the new fee in the metropolitan area to which the station is relocated and the corresponding existing fee applicable in the area in which the station was previously located.

80 [Repealed, SOR/2020-278, s. 6]

81 [Repealed, SOR/2020-278, s. 6]