R-2 As it read on 2002-12-31

Any power, duty or function of the Minister under this Act or the regulations may be exercised or performed by any person authorized by the Minister to do so and, if so exercised or performed, shall be deemed to have been exercised or performed by the Minister.

This Act applies within Canada and on board

The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons or Library of Parliament, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, the House of Commons and the Library of Parliament and on Her Majesty in right of a province.

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.

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.

No person shall, except under and in accordance with a radio authorization, install, operate or possess radio apparatus, other than

The Minister may suspend or revoke a radio authorization

The Minister may establish procedures, standards and conditions, including, without limiting the generality of the foregoing, bidding mechanisms, minimum bids, bidders' qualifications, acceptance of bids, application fees for bidders, deposit requirements, withdrawal penalties and payment schedules, applicable in respect of a system of competitive bidding used under subsection (1.2) in selecting the person to whom a radio authorization will be issued.

Where the Minister accepts a bid for a radio authorization under a system of competitive bidding, any moneys payable to Her Majesty pursuant to the bid are in lieu of any fees fixed under this or any other Act for the radio authorization.

In exercising the power under paragraph (1)(a) to issue radio authorizations, the Minister may use a system of competitive bidding to select the persons to whom radio authorizations will be issued.

In exercising the powers conferred by subsection (1), the Minister may have regard to the objectives of the Canadian telecommunications policy set out in section 7 of the Telecommunications Act.

Subject to any regulations made under section 6, the Minister may, taking into account all matters that the Minister considers relevant for ensuring the orderly establishment or modification of radio stations and the orderly development and efficient operation of radiocommunication in Canada,

A regulation made under subsection (1) incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time.

The Governor in Council may make regulations

In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.

Where an interest in land referred to in subsection (5) or (6) is to be taken possession of without the consent of the Yukon first nation or Gwich’in Tribal Council, as the case may be,

If the Gwich’in Tribal Council does not consent thereto, no interest in Tetlit Gwich’in Yukon land may be taken possession of under this section without the consent of the Governor in Council.

If the Yukon first nation concerned does not consent thereto, no interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be taken possession of under this section without the consent of the Governor in Council.

Notwithstanding subsection (3), any dispute as to the compensation to be paid for the taking of possession of a radio station on settlement land as defined in section 2 of the Yukon Surface Rights Board Act or on Tetlit Gwich’in Yukon land may be heard and determined only by the Yukon Surface Rights Board under and in accordance with that Act.

Where the Minister and the person who owns or controls any radio station taken possession of by the Crown under this section cannot agree on the compensation to be paid by the Crown for the taking of possession, the Minister shall refer the matter to the Federal Court for adjudication and the Expropriation Act is, with such modifications as the circumstances require, applicable for the purpose of determining the amount of the compensation, if any, and the amount of any judgment on proceedings instituted under this subsection is payable out of the Consolidated Revenue Fund.

The person who owns or controls the station of which possession is assumed pursuant to subsection (1) shall give up possession of it and the operators and other persons employed as described in that subsection shall, during the time of possession thereunder, diligently and faithfully obey such orders, and transmit and receive such signals, calls and radiograms, as they are required to receive and transmit by any duly authorized officer of the Government of Canada.

Her Majesty may assume and, for any length of time, retain possession of any radio station and all things necessary to the sufficient working of it and may, for the same time, require the exclusive service of the operators and other persons employed in working the station.

Where an inspector is carrying out duties under this Act, no person shall

The owner or person in charge of a place entered by an inspector shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Act, and shall give the inspector any information that the inspector reasonably requests.

In executing a warrant issued under subsection (3), an inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Where, on ex parte application, a justice of the peace is satisfied by information on oath that

Where a place referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except

Subject to subsection (2), an inspector appointed under paragraph 5(1)(j) may, at any reasonable time, for the purpose of enforcing this Act,

Subsection (2) does not apply in respect of radiocommunication that consists of broadcasting, a subscription programming signal or a network feed.

Except as prescribed, no person shall intercept and make use of, or intercept and divulge, any radiocommunication, except as permitted by the originator of the communication or the person intended by the originator of the communication to receive it.

Except as prescribed, no person shall make use of or divulge a radio-based telephone communication

No person shall

A prosecution for an offence under this Act may be commenced within, but not after, three years after the day on which the subject-matter of the offence arose.

For the purposes of subsection (4), the Federal Court is a court of competent jurisdiction.

Where a court of competent jurisdiction is satisfied, on application by the Minister, that an offence under paragraph (1)(a) is being or is likely to be committed, the court may grant an injunction, subject to such conditions as the court considers appropriate, ordering any person to cease or refrain from any activity related to that offence.

Where an offence under this section is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

No person shall be convicted of an offence under paragraph 9(1)(c), (d) or (e) if the person exercised all due diligence to prevent the commission of the offence.

Nothing in subsection (2.3) shall constitute a lawful excuse for any person to manufacture, import, distribute, lease, offer for sale or sell any equipment or device, or any component thereof, in contravention of paragraph (1)(b).

No person who decodes an encrypted subscription programming signal in contravention of paragraph 9(1)(c) shall be convicted of an offence under that paragraph if the lawful distributor had the lawful right to make the signal available, on payment of a subscription fee or other charge, to persons in the area where the signal was decoded but had not made the signal readily available to those persons.

Every person who contravenes paragraph 9(1)(e) is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding twenty 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 two hundred thousand dollars.

Every person who contravenes paragraph 9(1)(c) or (d) is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months, or to both, or, in the case of a corporation, to a fine not exceeding twenty-five thousand dollars.

Every person who contravenes or fails to comply with subsection 8(5) or (6) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars.

Every person who

Where a person to whom a ticket is delivered or mailed does not enter a plea within the prescribed time, a justice shall examine the information referred to in subsection (1) and

A fine prescribed by regulations made under subsection (1) in respect of an offence may be lower for a first offence than for a subsequent offence, but in no case shall it be greater than one thousand dollars.

The Governor in Council may make regulations designating any offence under this Act as an offence in respect of which

Where, on the hearing of an application under this section, the court is satisfied that the applicant, or the interveners, if any, or any of them,

Every person, other than the Minister, who is served with a notice under subsection (4) and who intends to appear at the hearing of the application to which the notice relates shall, at least ten days before the day fixed for the hearing, file an appropriate notice of intervention in the record of the court and serve a copy thereof on the Minister and on the applicant.

An applicant for an order under subsection (6) shall, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest in the apparatus that is the subject-matter of the application as owner, mortgagee, lien holder or holder of any like interest of whom the applicant has knowledge.

Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest in the apparatus as owner, mortgagee, lien holder or holder of any like interest may, within thirty days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), whereupon the court shall fix a day for the hearing of the application.

Where a radio apparatus is ordered to be forfeited under subsection (1), the Minister shall cause a notice of the forfeiture to be published in the Canada Gazette.

In the case of a conviction for an offence under paragraph 10(1)(a), any radio apparatus in relation to which or by means of which the offence was committed may be forfeited to Her Majesty in right of Canada by order of the Minister for such disposition, subject to subsections (2) to (6), as the Minister may direct.

A party who receives notice under subsection (2) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.

No certificate or report shall be received in evidence pursuant to subsection (1) unless the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

In any proceeding under this Act, or in any other proceeding to which the legislative jurisdiction of Parliament extends, a certificate or report purporting to have been given by an inspector who did an inspection or test pursuant to this Act and to have been signed by that inspector is admissible in evidence and, in the absence of any evidence to the contrary, is proof of the matters stated therein relating to the inspection or test, without proof of the signature, official character or capacity of the person appearing to have signed the certificate or report.

Subsection (1) does not relieve the Crown of liability for the acts or omissions described therein, and the Crown is liable under the Crown Liability Act or any other law as if that subsection had not been enacted.

No action or other proceeding for damages lies or may be instituted against a Minister, servant or agent of the Crown for or in respect of anything done or omitted to be done, or purported to be done or omitted to be done, in good faith under this Act or any order or regulation issued or made under this Act.

Nothing in this section affects any right or remedy that an aggrieved person may have under the Copyright Act.

An action under subsection (1) may be commenced within, but not after, three years after the conduct giving rise to the action was engaged in.

For the purposes of an action under subsection (1), the Federal Court is a court of competent jurisdiction.

In an action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under paragraph 9(1)(c), (d) or (e) or 10(1)(b) is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought engaged in conduct that was contrary to that paragraph, and any evidence given in those proceedings as to the effect of that conduct on the person bringing the action is evidence thereof in the action.

In an action under subsection (1) against a person,

Any person who

Nothing in this section affects any other right or remedy that an aggrieved person might otherwise have.

An action under subsection (1) may be commenced within, but not after, three years after the conduct giving rise to the action was engaged in.

For the purposes of an action under subsection (1), the Federal Court is a court of competent jurisdiction.

In an action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under subsection 9(1.1) is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought divulged or made use of the radio-based telephone communication and any evidence given in those proceedings as to the effect of the divulgence or use on the person bringing the action is evidence thereof in the action.

Any person who has made or received a radio-based telephone communication that the person believes on reasonable grounds will be or has been divulged or will be used or has been made use of contrary to subsection 9(1.1) may, in any court of competent jurisdiction, bring an action to prevent the divulgence or use of or to recover damages from the person who will divulge or has divulged or who will make use of or has made use of the radio-based telephone communication, and in any such action the court may grant any remedy, by way of injunction, damages, accounting or otherwise, as the court considers appropriate.