Canada Gazette, Part I, Volume 157, Number 52: Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police), No. 2024-1

December 30, 2023

Statutory authority
Radiocommunication Act

Sponsoring department
Department of Industry

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

To meet its lawful mandate and ensure the safety of its employees and the general public, the Royal Canadian Mounted Police (RCMP) requires the ability to use radiocommunication jammers lawfully. The Radiocommunication Act (the Act) prohibits jammer-related activities in Canada, but provides the Minister of Industry with the authority to exempt persons or entities from these prohibitions.

Background

Jammers are devices that transmit, emit or radiate electromagnetic energy and are designed to cause, cause or are capable of causing interference or obstruction to radiocommunication, other than devices for which standards have been established under paragraph 5(1)(d) or 6(1)(a) of the Act or for which an authorization has been issued.

In 2014, amendments were made to the Act, which defined jammers and included the addition of a prohibition specific to radiocommunication jammers. As a result, the installation, use, possession, manufacture, import, distribution, leasing, offering for sale or the sale of jammers is clearly prohibited under subsection 4(4). However, recognizing that in some instances, a legitimate need for the use of a jammer may exist, the amendments also provided the Minister of Industry with the authority under subsection 14(1) of the Act to issue orders to exempt any person, class of persons or entity from the jammer-related prohibitions for purposes such as public safety and national security.

In July 2019, the Minister of Industry issued Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) [SOR/2019-269], which exempted employees of the RCMP’s Technical Investigation Services Branch, as well as other employees of the RCMP, from the jammer-related prohibitions found in the Act in accordance with the purposes and the conditions of that order. This proposed exemption order is for another five-year period and would take effect prior to the expiry of the current RCMP exemption order.

Objective

The objective of this proposal is to exempt from the jammer-related prohibitions in the Act, subject to conditions, employees of the RCMP’s Technical Investigation Services and other employees of the RCMP who are required to install, use, possess, manufacture or import jammers. This order will replace the order previously granted to the RCMP in July 2019.

Description

In accordance with subsection 14(1) of the Act, the order will exempt persons from the application of prohibitions in relation to jammers found under subsection 4(4) and paragraph 9(1)(b) of the Act. In this case, the exemption will apply to employees of the RCMP’s Technical Investigation Services and employees of the RCMP who are required to install, use, possess, manufacture or import jammers in the course of their duties or training, which may include testing of jammers.

The order will allow for the installation, use, possession, manufacture or import of jammers for certain of the purposes identified in subsection 14(1) of the Act, specifically national security; public safety, including with respect to penitentiaries and prisons; international relations; the investigation or prosecution of offences in Canada, including the preservation of evidence; and the protection of property, or the prevention of serious harm to any person.

Moreover, to ensure that unintended interference with the radiofrequency spectrum is minimized and that Innovation, Science and Economic Development Canada (ISED) retains the ability to effectively manage the spectrum for the benefit of all Canadians, this exemption order provides that employees of the RCMP must meet conditions to benefit from the exemption it provides.

Among these conditions are those that require employees to have specialized training in relation to the exempted activities or to be in the process of receiving such training and that the employees have access to the RCMP’s directives in respect of jammers. There are also conditions relating to minimizing emissions and exposure, the characteristics of jammers, the storage and prevention of unauthorized access, and records relating to use.

In addition, there is a requirement for the RCMP to provide ISED with the contact information (e.g. address, telephone, email) of the main individuals responsible for its jammers. Having this information will allow ISED inspectors and staff to know whom to contact in the context of (a) radio interference investigations, and (b) verifications of compliance with the conditions set out in the order.

Regulatory development

Consultation

Public consultations on the general use of radiocommunication jamming devices were held in 2001. The consultations 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 Act 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 technologies, or prohibit some technologies if their use would unduly impact the use of spectrum. The recommendation also noted that the definitions and prohibitions in the Act should be reviewed to ensure that all types of apparatus, systems, or any other things that affect safe, secure, reliable, and interference-free radiocommunication in Canada be included in the Act’s scope.

Lastly, the RCMP was consulted on this proposed regulatory exemption to ensure that the proposed order continue to enable the RCMP to fulfill its lawful duties and that the order include the appropriate safeguards to minimize unwanted interference, recognizing the importance that Canadians attribute to having interference-free wireless communications.

Modern treaty obligations and Indigenous engagement and consultation

The initial assessment 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 Act 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 Act. As such, it is the most appropriate instrument to achieve the objective of exempting certain RCMP employees from the jammer-related prohibitions found in the Act for the specified purposes and subject to prescribed conditions.

An order by the Governor in Council under subsection 3(2) of the Act is another instrument that could be used to exempt the RCMP from the jammer-related provisions in the Act. This type of order by the Governor in Council 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 to administer the framework.

Regulatory analysis

Benefits and costs

This exemption would facilitate the ability of the RCMP to continue carrying out its lawful mandates while continuing to comply with Canadian laws and regulations. All Canadians are expected to benefit from this exemption’s contribution to the RCMP’s ability to carry out its lawful mandates.

This proposal is cost neutral as this exemption is replacing an existing order previously granted to the RCMP in 2019.

Small business lens

The small business lens does not apply to this proposal as there are no costs to small business.

One-for-one rule

The one-for-one rule does not apply to this proposal as there is no change in administrative costs to business. This order only applies to the RCMP.

Regulatory cooperation and alignment

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

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary review was conducted. It concluded that a strategic environmental assessment was not required.

Gender-based analysis plus

All Canadians are expected to benefit from this exemption’s contribution to the RCMP’s ability to carry out its mandates. No generational or income-distributional impacts are expected as a result of this exemption, and no direct barriers to access and to participation in the benefits of this exemption, or negative impacts, are expected.

Rationale

The order is required to enable the RCMP to carry out its mandate while continuing to comply with Canadian laws and regulations. It applies only for the purposes of national security; public safety, including with respect to penitentiaries and prisons; international relations; the investigation or prosecution of offences in Canada, including the preservation of evidence and the protection of property, or the prevention of serious harm to any person.

Implementation, compliance and enforcement, and service standards

Apart from the classes of persons identified in the order who will be exempted from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in accordance with the terms of the order, jammer-related activities remain prohibitions of the Act and subject to the applicable enforcement provisions of the Act.

The exemption order will come into force on the day on which it is registered and will cease to have effect on the fifth anniversary of the day on which it comes into force. The exemption order will repeal the Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) [SOR/2019-269].

Contact

Suzanne Macdonald
Director
Broadcast, Coordination and Planning
Spectrum Management Operations Branch
Innovation, Science and Economic Development Canada
235 Queen Street, 6th Floor
Ottawa, Ontario
K1A 0H5
Telephone: 613‑608‑1645
Email: spectrumregulatory-reglementationduspectre@ised-isde.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Minister of Industry proposes to make the annexed Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police), No. 2024-1 under subsection 14(1)footnote a of the Radiocommunication Act footnote b.

Interested persons may make representations concerning the proposed Order within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Director, Broadcasting, Coordination and Planning Directorate, Spectrum Management Operations Branch, Innovation, Science and Economic Development Canada, 235 Queen Street, 6th Floor, Ottawa, Ontario K1A 0H5 (tel.: 613‑608‑1645; email: ic.spectrumregulatory-reglementationduspectre.ic@canada.ca).

Ottawa, December 15, 2023

François-Philippe Champagne
Minister of Industry

Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police), No. 2024-1

Interpretation

Definition of Act

1 In this Order, Act means the Radiocommunication Act.

Exemption

Persons to whom the exemption applies

2 (1) Subject to sections 3 to 10, employees of the Royal Canadian Mounted Police Technical Investigation Services and other employees of the Royal Canadian Mounted Police who are required to install, use, possess, manufacture or import jammers are exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in the course of their duties or training.

Purposes

(2) The exemption is granted for the following purposes:

Conditions

Notice

3 (1) Before the exemption under subsection 2(1) is used, the Royal Canadian Mounted Police must provide a notice to the Minister that contains the following information:

Authorized person

(2) The notice must be in writing and be provided by an authorized person.

Requirement to update and confirm

(3) The Royal Canadian Mounted Police must

Training

4 An employee referred to in subsection 2(1) must have received or be receiving specialized training in relation to each activity referred to in that subsection that they undertake.

Access to directives

5 The Royal Canadian Mounted Police must ensure that

Restriction of interference or obstruction

6 An employee referred to in subsection 2(1) must make every reasonable effort to restrict a 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 purpose.

Minimize emissions and exposure

7 An employee referred to in subsection 2(1) who installs or uses a jammer must do so in a manner that minimizes unwanted emissions and the exposure of any person to radiofrequency fields.

Jammer characteristics

8 Any jammer that is used for the purposes of the exemption under subsection 2(1) must allow for adjustments to power levels and to the radiofrequencies that it can interfere with or obstruct.

Storage and prevention of unauthorized access

9 An employee referred to in subsection 2(1) must ensure that any jammer for which they are responsible

Records relating to use

10 The Royal Canadian Mounted Police must maintain records indicating, for each use of a jammer by one of its employees,

Cessation of Effect

Five years after coming into force

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

Repeal

12 The Radiocommunication Act Exemption Order (Jammers — Royal Canadian Mounted Police) footnote 1 is repealed.

Coming into Force

Registration

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

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