Archived — Regulations Amending The Radiocommunication Regulations

Industry Canada

Regulations Amending The Radiocommunication Regulations

Statutory Authority
   Radiocommunication Act
Sonsoring Departement

   Departement of industry

Regulatory Impact
Analysis Statement

Description

     The Radiocommunication Regulations were published in the Canada Gazette, Part II, on November 27, 1996, following much consultation with the radiocommunication industry and other stakeholders including broadcasting undertakings, radio operators, the amateur radio community and the federal, provincial and municipal governments. A few omissions and inconsistencies, however, have recently been noted and the Department is making minor modifications to the content of the Regulations to correct these errors.

    Subsection 22(2) of the Radiocommunication Regulations is being modified because the provision currently cannot be applied as drafted. In accordance with subsection 21(4) of the Regulations, equipment must meet the applicable standards in order to be certified by the Minister. Subsection 22(2), however, states that equipment which has been modified and that no longer meets the applicable standards can also be certified by the Minister. As a result, the requirement found at subsection 21(4) and the requirement found at subsection 22(2) of the Regulations contradict each other. Subsection 21(4) is consistent with the Department of Industry's current practice of issuing certificates as proof that equipment complies with applicable standards. Subsection 22(2), as it is currently drafted, contradicts this practice. Consequently, subsection 22(2) is being amendment to ensure that equipment that has been modified and that no longer meets the applicable standards be tested in accordance with section 24 of the Regulations. Once the modified equipment has been tested and the results of these tests demonstrate that the modified equipment complies with the applicable standards, the Minister may issue a certificate in accordance with subsection 21(4). The testing of equipment as prescribed by subsection 24 is consistent with the Department's current practice.

    A modification is being made to subsection 24(5) because the word "importer" was accidentally omitted when the Radiocommunication Regulations were published. It was the Department's intent to include importers as well as manufacturers throughout section 24 when the Regulations were promulgated in 1996. The omission of the word "importer" creates an inconsistency in the overall application of section 24. Subsections 24(1) to 24(4) are applicable to both importers and manufacturers and require that both importers and manufacturers test their equipment at the request of the Minister of Industry to ensure compliance with the applicable standards. If, however, an importer or manufacturer fails to test the equipment as requested by the Minister, the Minister can currently only suspend a technical acceptance certificate (TAC) that has been issued to the manufacturer and he cannot suspend the TAC issued to an importer that does not comply with such a requ est. Both the importer and the manufacturer are required to comply with subsections 24(1) to 24(4). However, only the manufacturer may be penalized for not doing so. This is contrary to the Department of Industry's intent. The penalty found at subsection 24(5) should also be applicable to the importer and the Regulations are being modified accordingly.

Alternatives

     The only alternative is to maintain the status quo. In the case of subsection 22(2), the status quo is unacceptable because the provision cannot be enforced as written. In the case of subsection 24(5), the status quo is unacceptable because the omitting of the word "importer" creates an inconsistency in the overall application of section 24.

Benefits and Costs

     It is expected that these changes will have little or no impact on Canadians. There will be no costs or benefits associated with these modifications.

Consultation

     The Department's clients and stakeholders as well as the general public will be consulted during the public consultation period following the publication of these changes in the Canada Gazette, Part I.

Compliance and Enforcement

     No changes will be required to the Department's current compliance and enforcement mechanisms. The Department will continue, as appropriate, to issue warnings and to prosecute when there is failure to comply with the Radiocommunication Act and the Regulations.

Contact Person

Angela Briginshaw,
Manager,
National and International Regulations,
Radiocommunications and Broadcasting,
Regulatory Branch,
Industry Canada,
300 Slater Street,
OTTAWA, Ontario
K1A 0C8
telephone: 613-998-2927
613-993-4433
Internet: briginshaw.angela@ic.gc.ca

Proposed Regulatory Text

     Notice is hereby given that the Governor in Council proposes, pursuant to section 6a of the Radiocommunication Actb, to make the annexed Regulations Amending the Radiocommunication Regulations.

Interested persons may make representations concerning the proposed Regulations to the Minister of Industry within 75 days after the date of publication of this Notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this Notice and be sent to Angela Briginshaw, Manager, National and International Regulations, Radiocommunications and Broadcasting Regulatory Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario, K1A 0C8 (Internet: briginshaw.angela@ic.gc.ca). The representations should stipulate the parts thereof that should not be disclosed pursuant to the Access to Information Act, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which those parts should remain undisclosed. The representations should also stipulate the parts thereof for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, January 26, 1998
Michel Garneau
Assistant Clerk of the Privy Council

Regulations Amending the Radiocommunication Regulations

Amendments

    1. Subsection 22(2) of the Radiocommunication Regulations1 is replaced by the following:

     (2) Where Category I equipment is modified in such a way as to affect any parameter specified in the standard under which the equipment was certified, the modified equipment is no longer considered to be certified and requires testing in accordance with section 24.

    2. Subsection 24(5) of the Regulations is replaced by the following:

     (5) Where a manufacturer or importer fails, after being requested to do so by the Minister, to test Category I equipment or to make the equipment available for testing, the Minister shall suspend the TAC in respect of that equipment.

Coming Into Force

     3. These Regulations come into force on the date on which they are registered.

Date modified: