Archived — Regulatory Impact Analysis Statement

(This statement is not part of the Regulation.)

Department or Agency:
Department of Industry

Title of Proposal:
Radiocommunication Act (Subsection 4(1) and Paragraph 9(1)(b)) Exemption Order for the Purposes of Security and Safety, International Relations and National Defence - 2002-1

Statutory Authority:
Radiocommunication Act, subsection 3(2)

Submitted for consideration for:
Exemption from prepublication and final approval because of the Government's security requirements at this event; the costs of prepublication of the Order outweigh the benefits; and public consultation on the broader issue of the use of jamming devices has already taken place.

________________
Minister of Industry

Regulatory Impact Analysis Statement

(This statement is not part of the Regulation.)

Description

This Order will exempt Her Majesty in right of Canada as represented by the Royal Canadian Mounted Police (RCMP) and the Department of National Defence, Canadian Forces (DND-CF) 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.

The exemption Order will provide a way to address the problematic application of the prohibitions found in paragraph 9(1)(b) and subsection 4(1) of the Act with respect to radiocommunication jamming devices (jammers) - apparatus that emit radio frequencies to interfere with, or interrupt, radiocommunications - which will be used by the RCMP and DNDCF in carrying out their legislated responsibilities at the upcoming Summit of the G8 in Alberta in June, 2002.

The Department of Industry will be issuing a policy position on the licencing of jammers shortly following the coming into force of this Order. This paper will explain the Department's decision on the broadened use of this type of apparatus.

The exemption will apply to the RCMP and DND-CF for the specific dates of June 17 to 29, 2002, and is limited to the corridor between, and including, the city of Calgary and Kananaskis, Alberta.

It is necessary for the RCMP and DND-CF to employ radiocommunication jamming devices at this event for the purposes of security, safety and international relations.

This exemption Order will come into force on the day on which it is registered.

Alternatives

Four alternatives were considered in assessing the use of radiocommunication jamming apparatus by the RCMP and DND-CF at the Summit of the G8:

Status Quo: The RCMP and DND-CF are concerned that they be able to lawfully employ this technology to fulfil their legislated responsibilities.

Issuing Special Licences: It is open to question whether there exists an authority to issue such a licence under the current powers in the Act.

Statutory Remedy: Enacting or amending legislation to address this situation would be a long-term solution that may occur at sometime in the future.

Making use of the Order-in-Council exemption power (Subsection 3(2) of RA): Using the Order-in-Council exemption power of subsection 3(2) of the Radiocommunication Act provides for the most timely and appropriate response to this situation. 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.

Benefits and Costs

This exemption Order will provide an efficient and timely means to meet the RCMP and DND-CF's requirements. The RCMP and / or DND-CF 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 as well as to protect and ensure international relations and safety at this event.

Consultations

Consultations on the general use of jamming apparatus were held in the spring/summer of 2001. The overall reaction of citizens who commented on allowing the broader use of jammers was negative. A paper explaining the broader public policy and the results of this consultation is expected to be released shortly after the publication of this Order.

Consultations on the more narrow issue of the use of jammers by the RCMP and DNDCF for the purposes of the G8 Summit were undertaken with officials from the Portfolio of Solicitor General Canada and DND-CF. They recognize that this initiative supports the Government's plan for protecting Canadians, national defence and international relations and for protecting security.

Compliance and Enforcement

The exemption Order is required to assist the RCMP and DND-CF in carrying out their mandates while continuing to comply with Canadian laws and regulations. Apart from the RCMP and DND-CF, who will consequently be exempted from the application of paragraph 9(1)(b) and subsection 4(1) of the Act in the location and for the duration specified in the Order, persons who either intentionally interfere with or obstruct any radiocommunication using jammers, and/or who install, operate, or possess radio apparatus without a radio authorization will be subject to the scope of the Act and Regulations and to the various penalties therein, in accordance with Industry Canada's existing enforcement plan.

Contacts

Mr. David Warnes, Senior Advisor, Spectrum Policy
Telecommunications Policy Branch
Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8
Tel: 613-998-4010; Fax: 613-952-0567; E-mail: warnes.david@ic.gc.ca

Ms. Annie LeBlanc, Director, Technology and Lawful Access Division
National Security Directorate
Solicitor General Canada, 340 Laurier Avenue West, Ottawa, Ontario K1A 0P8
Fax. 613-991-4669

Lt. Colonel Scott McLean
Department of National Defence, 101 Colonel By Drive, Ottawa, Ontario K1A 0K2
Tel.: 613-945-0151; E-mail: mclean.eas@forces.ca


Regulatory Impact Analysis Statement
(PDF, 12 KB, 4  pages)

To access the Portable Document Format (PDF) version, you must have a PDF reader installed. If you do not already have such a reader, there are numerous PDF readers available for free download or for purchase on the Internet:

Date modified: