Supplementary Information

Jamming devices are not permitted for sale or use in Canada because in the absence of a licence and appropriate technical standards and equipment certification, their use would contravene sections 4 and 9 of the Radiocommunication Act which state, in part:

"4.(1) No person shall, except under and in accordance with a radio authorization, install, operate or possess radio apparatus, other than

(a) radio apparatus exempted by or under regulations made under paragraph 6(1)(m); or

(b) radio apparatus that is capable only of the reception of broadcasting and that is not a distribution undertaking.

(2) No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate.

(3) No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment for which technical standards have been established under paragraph 6(1)(a), unless the apparatus or equipment complies with those standards.

9.(1) No person shall

(b) without lawful excuse, interfere with or obstruct any radiocommunication.

10. (1) Every person who

(a) contravenes section 4 or paragraph 9(1)(a) or (b),

(b) without lawful excuse, manufactures, imports, distributes, leases, offers for sale, sells, installs, modifies, operates or possesses any equipment or device, or any component thereof, under circumstances that give rise to a reasonable inference that the equipment, device or component has been used, or is or was intended to be used, for the purpose of contravening section 9,

(c) contravenes or fails to comply with an order issued by the Minister under paragraph 5(1)(l), or

(d) contravenes or fails to comply with a regulation, where no punishment is prescribed by regulations made under paragraph 6(1)(r) for that contravention or failure to comply,

is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both, or, in the case of a corporation, to a fine not exceeding twenty-five thousand dollars."

(Reference from Gazette Notice DGTP-002-01