The radiofrequency spectrum is a valuable and scarce resource. Industry Canada is responsible for developing policies for how this resource may be used and ensuring its effective management for the benefit of all Canadians. When providing access to spectrum and regulating its use, Industry Canada seeks to maximize the economic and social benefits that Canadians derive from the use of this resource.
To ensure that spectrum is available and can be used reliably, Industry Canada establishes technical and non-technical requirements in licences, standards, and operating certificates. These requirements also ensure that wireless devices in Canada are safe and support a competitive wireless market.
Where these requirements are not being met, most cases are inadvertent, often accidental, and are usually resolved by communicating and working with the party to identify solutions and ensure compliance. In some cases, written notices may be issued advising the party of the need to come into compliance with the requirements set by Industry Canada.
Administrative monetary penalties
In cases where Industry Canada’s spectrum requirements are not being met through voluntary compliance, several different actions may be taken. These include imposing an administrative monetary penalty (AMP) which are financial penalties intended to encourage compliance with regulatory requirements. AMPs allow for a measured and proportionate response to range of violations under the Radiocommunication Act.
When Industry Canada has identified a violation and imposes an AMP, it will issue a notice of violation, which will outline the violation that has occurred, the penalty that has been imposed and options available to the violator.
Information on AMPs that have been imposed will be posted on Public Notices of Enforcement Actions.
If you have been issued a notice of violation and would like to know more about your options, please consult CPC 3-24-01 — Administrative Monetary Penalties (AMPs) Under the Radiocommunication Act — Guidance to Stakeholders.
The Frequently Asked Questions include additional information.
Other compliance and enforcement measures
The imposition of AMPs is one of several different actions that may be taken by Industry Canada to enforce its requirements and to ensure compliance with the Act. Other possible actions include: issuing tickets, which include small fines; issuing orders to take specific measures to come into compliance where radio interference is being caused; seizing devices that do not meet technical standards or are prohibited, such as jammers; and prosecution of regulatory offences.