Proposed Regulations Amending the Radiocommunication Regulations

JUS-601856
(CG-I/GC-I)

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

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and, in the case of modifications to Schedule II, be sent to Tom Jones, Chief, Authorization, Radiocommunications and Broadcasting Regulatory Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario, K1A 0C8 (E-mail: Jones.tom@ic.gc.ca). In the case of other modifications, such representations must be sent to Claude Beaudoin, Manager, Interconnection Planning and Coordination, Spectrum Engineering Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A OC8.

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa,   2001

Rennie M. Marcoux
Acting Assistant Clerk of the Privy Council

(SOR/DORS)

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 6a of the Radiocommunication Actb, hereby makes the annexed Regulations Amending the Radiocommunication Regulations.

Regulations Amending the Radiocommunication Regulations

Amendments

1. The definition "applicable standard" in section 2 of the Radiocommunication RegulationsFootnote 1 is repealed.

2. The Regulations are amended by adding the following after section 2:

Applicable Standards

2.1 The applicable standards for equipment or any class of equipment are those established by the Minister pursuant to paragraph 5 (1) (d) of the Act and that are set out in the Category I Equipment Standards List, as amended from time to time, and the Category II Equipment Standards List, as amended from time to time, both published by the Department of Industry.

3. Section 15 of the Regulations is replaced by the following:

15. Radio apparatus that is set out in and meets a standard set out in the Licence Exempt Radio Apparatus Standards List, as amended from time to time, published by the Department of Industry is exempt from the application of subsection 4 (1) of the Act in respect of a radio licence.

4. Section 16 of the Regulations is replaced by the following

16. Radio apparatus that is set out in and meets a standard set out in the Broadcasting Certificate Exempt Radio Apparatus Standards List, as amended from time to time, published by the Department of Industry is exempt from the application of subsection 4 (1) of the Act in respect of a broadcasting certificate.

5. Section 19 of the Regulations is replaced by the following:

19. The following definitions apply in this Part.

"Category I equipment" means equipment that is described in subsection 21(1).
(matériel de catégorie I).

"Category II equipment" means equipment that is described in subsection 21 (5).
(matériel de catégorie II).

6. Section 20 of the Regulations and the heading before it are repealed.

7. The heading before section 21 of the Regulations is replaced by the following:

Requirements for Certification

8. (1) Subsection 21 (1) of the Regulations is replaced by the following:

21. (1) All equipment that is listed and classified as Category I equipment in the Category I Equipment Standards List, as amended from time to time, published by the Department of Industry, and that is classified as Category I equipment in the applicable standard, requires a TAC unless it is:

  1. the subject of a certificate issued by the Minister before the coming into force of these Regulations;
  2. the subject of a certificate issued by a foreign certification body that is designated under an international agreement, convention or treaty to which Canada is a party and that is recognized by Canada under that agreement, convention or treaty as competent to certify equipment, to the effect that the equipment complies with the applicable standards; or
  3. the subject of a certificate issued by a Canadian certification body that meets the requirements set out in the Requirements for Certification Bodies, as amended from time to time, published by the Department of Industry, to the effect that the equipment complies with the applicable standards.

(2) Section 21 of the Regulations is amended by adding the following after subsection (4):

(5) Equipment that is listed and classified as Category II equipment in the Category II Equipment Standards List, as amended from time to time, published by the Department of Industry, and that is classified as Category II equipment in the applicable standard does not require a TAC.

9. The heading before section 22 and sections 22Footnote 2 and 23 of the Regulations are replaced by the following:

Compliance with Standards

22. (1) No person shall use the authority of a TAC or a certificate referred to in paragraphs 21 (1) (a) to (c) to manufacture, import, distribute, lease, offer for sale or sell any Category I equipment, other than the specific model or models for which the TAC or certificate referred to in paragraphs 21(1)(a) to (c) was issued.

(2) If Category I equipment is modified in such a way as to affect any parameter specified in the applicable standard under which the TAC or a certificate referred to in any of paragraphs 21(1)(a) to (c) was issued, the modified equipment is no longer considered to be certified and requires testing in accordance with section 24.

10. Paragraph 24(1)(b) of the Regulations is replaced by the following:

(b) the maximum number of units of equipment that may be manufactured or imported without a TAC, without a certificate referred to in any of paragraphs 21(a) to (c) or not in compliance with the applicable standards shall be one more than the applicable number of units referred to in paragraph (a).

11. (1) Subsection 25(1) of the Regulations is replaced by the following:

25. (1) Subject to subsections (2) and (7), no person shall mark or label Category I or Category II equipment contrary to the requirements set out in the applicable standards.

(2) Subsection 25(5) of the Regulations is replaced by the following:

(5) No person shall mark, label or otherwise indicate that Category I or Category II equipment has been certified as complying with applicable standards unless a TAC or a certificate referred to in any of paragraphs 21(1)(a) to (c) has been issued in respect of the equipment and the equipment complies with the standards under which the TAC or certificate was issued.

(3) Section 25 of the Regulations is amended by adding the following after subsection (6):

(7) Subsections (1) to (6) do not apply to equipment that was labelled before the coming into force of these Regulations.

12. The Regulations are further amended by replacing the portion of items 1 to 6 of Schedule II to the Regulations in column IIFootnote 3 with the following:


Column II — Item Radio Stations

1. Radio installations that form part of any station authorized in the aeronautical service.

2. Radio installations that form part of any authorized station except stations authorized in the aeronautical service, maritime service or amateur radio service.

3. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or radiotelephone installations that form part of any authorized station on board a ship that is compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations and is not capable of digital selective calling or is a ship earth station.

4. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations.

5. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations.

6. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or radiotelegraph and radiotelephone installations that form part of any authorized station on board a ship that is compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations and is not capable of digital selective calling or is a ship earth station.

13. The portion of items 9 to 15 of Schedule II to the Regulations in column IIFootnote 4 is replaced by the following:

9. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or radiotelephone installations that form part of any authorized station on board a ship that is compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations and is not capable of digital selective calling or is a ship earth station.

10. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or radiotelephone installations that form part of any authorized station on board a ship that is compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations and is not capable of digital selective calling or is a ship earth station.

11. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or radiotelephone installations that form part of any authorized station on board a ship that is compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations and is not capable of digital selective calling or is a ship earth station.

12. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or radio installations that form part of any authorized station on board a small fishing vessel that is compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations or radiotelephone installations and VHF digital selective calling equipment that form part of any authorized station on board a ship, other than a small fishing vessel, that is compulsorily fitted with those installations in accordance with those Regulations.

13. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or radiotelephone installations that form part of any authorized station on board a ship that is compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations and is not capable of digital selective calling or is a ship earth station.

14. Radio installations that form part of any authorized station on board a ship that is voluntarily fitted with those installations or radiotelephone installations that form part of any authorized station on board a ship that is compulsorily fitted with those installations in accordance with the Ship Station Radio Regulations and is not capable of digital selective calling or is a ship earth station.

15. Radio installations that form part of any station authorized in the amateur radio service.

Coming Into Force

14. These Regulations come into force on the day on which they are registered.


Regulatory Impact Analysis Statement

(This statement is not part of te Regulations.)

Department or Agency:
Department of Industry

Title of Proposal:
Radiocommunication Regulations — Amendments — Radio Operator Certificates and Equipment Certification

Statutory Authority:
Radiocommunication Act, section 6

Federal Regulatory Plan No.:
Not applicable

Submitted for consideration for:
Pre-publication in the Canada Gazette, Part I

space to insert full name

Minister of Industry


Description

The Department is amending the Radiocommunication Regulations to update the requirements for a radio operator certificate for radio apparatus that is operated in the maritime service. This change is required as a result of a Treaty that was initiated in 1988 by the International Maritime Organization (IMO), an organization of the United Nations, and implemented in 1999. The Treaty amended the Safety of Life at Sea (SOLAS) Convention to implement the Global Maritime Distress and Safety System (GMDSS) worldwide. The modifications to Schedule II of the Regulations are being made at the request of Transport Canada which is responsible for Canada’s commitment to implement the GMDSS equipment fitting requirements.

The purpose of Schedule II is to identify what radio stations may be operated in accordance with a given radio operator certificate. The certificates are identified in column I of the Schedule and the corresponding radio station that may be operated is identified in column II of this same Schedule.

The Department is also amending the Radiocommunication Regulations by amending Part III of the regulations to permit equipment destined for the Canadian and international markets to be certified by both domestic and international conformity assessment bodies as meeting Departmental requirements for certification of radio apparatus to technical standards.

This second amendment is required first, to ensure that the Department meets its obligations stemming from international agreements and arrangements dealing with radio equipment, in this case the Mutual Recognition Agreements/ Arrangements (MRAs), to which Canada is a signatory. The MRAs will have an impact on the certification of radio apparatus manufactured outside Canada but intended for import and sale in Canada, by allowing foreign manufacturers to test or certify radio apparatus in accordance with Canadian technical specifications in their own countries. Similarly, Canadian manufacturers will be permitted reciprocal treatment for radio apparatus manufactured in Canada which is intended for export and sale to the markets of those countries or trading blocks with whom Canada has a MRA. This is a benefit of being a member of the MRAs as only countries which are signatories to the MRAs may participate in this process. Secondly, the Department recognizes that domestic parties interested in becoming certification bodies for the purposes of testing or certifying radio apparatus in accordance with Canadian technical specifications must be allowed the same privileges as international parties.

The purpose of the modification of Part III of the regulations is to ensure that radio equipment certified by properly designated and recognized third-parties, either domestically or in countries with whom Canada has entered into a MRA and which is intended for import into Canada, is considered to have been certified to Industry Canada’s standards.

The modifications to the Radiocommunication Regulations will help Canada comply with its international obligations by bringing its standards in line with GMDSS requirements and by permitting certification of radio apparatus performed by recognized third-parties in Canada or in countries or trading blocks which have entered into an MRA with Canada, such as the United States, Switzerland and the European Union, to name a few.

There is no duplication of regulatory requirements. The Federal government has the sole responsibility for regulating radiocommunication in Canada including the issuance of radio operator certificates and other radio authorizations. These amendments are necessary to harmonize the Radiocommunication Regulations with Transport Canada’s operator requirements as well as international Treaty requirements.

Alternatives

There are no alternatives to these modifications. Canada is obligated to ensure that the content of the international agreements to which it is a signatory is respected. As a result, the intent of such agreements must be reflected in domestic law.

Benefits and Costs

There are very minimal costs associated with these regulatory modifications as the benefits are expected to outweigh the costs. Benefits include a regulatory reflection of international equirements for radio operators in line with GMDSS requirements and expanded markets for Canadian certification bodies who wish to engage in the certification of radio apparatus intended for foreign markets. The Department anticipates that the industry will not see any increased cost.

There is also no regulatory burden imposed either upon radio operators or the radiocommunication industry as a result of the changes being made to the Radiocommunication Regulations. Radio operators will not be affected by the modifications being made to the Regulations because they reflect the current operational environment outlined in the Ship Station Radio Regulations amended by Transport Canada.

The radiocommunication industry, including the Radio Advisory Board of Canada (RABC) — which represents most sectors of the radiocommunication business in Canada including manufacturers, wireless carriers and service providers, network operators, broadcasters, public safety and national security radio network operators, users; and which provides the Government of Canada with broadly based advice regarding the management and use of the radio frequency spectrum in Canada — members, will benefit from the modification of the regulations permitting the implementation of the MRAs and recognition of designated third-party certification bodies since manufacturers will be able to obtain equipment certification domestically and for multiple countries more efficiently.

Consultation

The modifications concerning Schedule II are at the request of Transport Canada, Marine Safety Branch, which was consulted on the draft modifications to Schedule II. Industry has been consulted by Transport Canada about these changes on an ongoing basis since the signing of the 1988 SOLAS Convention Treaty.

The radiocommunication industry was consulted during and following the negotiation and implementation of the MRAs, and the modifications permitting recognized certificates is an expected empowering change to the Regulations. Consultations have also been held with stakeholders in the form of public meetings held during 1999/2000 across Canada at major cities including Vancouver, Winnipeg, Niagara Falls, Toronto, Ottawa, Montreal and Halifax. Further consultation has been undertaken in the form of discussion papers and two Gazette Notices issued in May, 2001, which address, first, the conformity assessment process for telecommunications terminal equipment and, secondly, a proposed importation monitoring scheme for radio and telecommunications equipment. The consultation period for one of these Notices ended on July 4, 2001 and all comments received were in support of Industry Canada’s approach. Also, international support has been obtained. In fact, other parties to these arrangements/agreements are anxiously awaiting Canada’s implementation of this scheme so that they may participate.

Lastly both amendments will ensure Canada’s compliance with the international commitments that it has entered into.

Compliance and Enforcement

The Department’s current compliance and enforcement mechanisms will be used. The Department will continue, as appropriate, to issue warnings, to issue tickets (with fines up to a maximum of $250.00 for an individual and $500.00 for a corporation) under the Contraventions Act and to prosecute when there is failure to comply with the Radiocommunication Act and the Regulations.

Contacts

Tom Jones
Chief,
Authorization Spectrum Management Operations
Radiocommunications and Broadcasting
Regulatory Branch

Industry Canada
300 Slater Street
Room 1543B
OTTAWA, Ontario
K1A 0C8
Tel.: (613) 990-4747
Fax.: (613) 952-9871

Claude Beaudoin
Manager,
Interconnection Planning and Coordination
Spectrum Engineering Branch

Industry Canada
300 Slater Street
Room 1301A
OTTAWA, Ontario
K1A 0C8
Tel.: (613)990-4714
Fax.: (613)957-8845

Footnotes

Footnote a

S.C. 1989, c. 17, s. 4

Return to footnote a referrer

Footnote b

S.C. 1989, c. 17, s. 2

Return to footnote b referrer

Footnote 1

SOR/96-484

Return to footnote 1 referrer

Footnote 2

SOR/98-437

Return to footnote 2 referrer

Footnote 3

SOR/97-266

Return to footnote 3 referrer

Footnote 4

SOR/98-189

Return to footnote 4 referrer

Date modified: