Canada Gazette

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 3(2) (see footnote a) of the Radiocommunication Act (see footnote b), hereby makes the annexed Radiocommunication Act (Subsection 4(1) and Paragraph 9(1)(b)) Exemption Order (Security, Safety and International Relations), No. 2004-1.

RADIOCOMMUNICATION ACT (SUBSECTION 4(1)
AND PARAGRAPH 9(1)(b)) EXEMPTION ORDER
(SECURITY, SAFETY AND INTERNATIONAL
RELATIONS), NO. 2004-1

2. (1) Subject to sections 3 and 4, Her Majesty in right of Canada, as represented by the Royal Canadian Mounted Police, is exempt from the application of subsection 4(1) and paragraph 9(1)(b) of the Act for the period beginning on November 30, 2004 and ending on December 2, 2004.

(a) Ontario and Quebec within the rectangle defined by points having the following geographic coordinates:

(i) NW corner at 45.8°N latitude and 76.4°W longitude,

(ii) NE corner at 45.8°N latitude and 75.3°E longitude,

(iii) SE corner at 45.0°S latitude and 75.3°E longitude, and

(iv) SW corner at 45.0°S latitude and 76.4°W longitude; and

(b) Nova Scotia within the rectangle defined by points having the following geographic coordinates:

(i) NW corner at 45.0°N latitude and 63.8°W longitude,

(ii) NE corner 45.0°N latitude and 63.4°E longitude,

(iii) SE corner 44.4°S latitude and 63.4°E longitude, and

(iv) SW corner 44.4°S latitude and 63.8°W longitude.

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

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

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

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

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

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

This exemption Order will provide a way to address the unintended, and therefore problematic, application of the prohibitions found in paragraph 9(1)(b) and subsection 4(1) of the Act with respect to jammers being used by the RCMP in carrying out their legislated responsibilities during the visit of the President of the United States of America, George W. Bush, to the National Capital Region and Halifax, Nova Scotia on November 30 and December 1, 2004.

The exemption will apply to the RCMP for the specific dates of November 30 to December 2, 2004 and is limited to the National Capital Region and Halifax, Nova Scotia.

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

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

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

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

Considering the current global situation, including the United States led "War on Terror", current military conflicts in Iraq and Afghanistan, as well as ongoing instability in the Middle East in general, allowing the temporary, limited use of jammers for this visit is essential.

Consultations on the issue of the use of jammers by the RCMP for the duration of the Presidential visit were undertaken with officials from Public Safety and Emergency Preparedness Canada and the RCMP, who fully support this initiative.

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

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

Mr. Chaouki Dakdouki
Director
Regulatory Policy and Planning
Radiocommunications and Broadcasting Regulatory Branch
Industry Canada
300 Slater Street
Ottawa, Ontario
K1A 0C8
Telephone: (613) 990-9142
FAX: (613) 993-4433
E-mail: dakdouki.chaouki@ic.gc.ca

Ms. Annie LeBlanc
Director
Investigative and Telecommunication Technologies
National Security Policy
Public Safety and Emergency Preparedness Canada
340 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: (613) 998-6967
FAX: (613) 991-4669
E-mail: Annie.LeBlanc@psecp-sppcc.gc.ca