Radiocommunication Act Exemption Order (Jammers — Certain Correctional Services)

Radiocommunication Act Exemption Order (Jammers — Certain Correctional Services) The Minister of Industry makes the annexed Radiocommunication Act Exemption Order (Jammers — Certain Correctional Services) under subsection 14(1)a of the Radiocommunication Actb. S.C. 2014, c. 39, s. 181 R.S., c. R-2; S.C. 1989, c. 17, s. 2 Ottawa, February 28, 2025 Definitions The following definitions apply in this Order. Act means the Radiocommunication Act. (Loi) correctional facility means a building or part of a building that is used for the detention of persons and established as a correctional facility by order of the Government of Quebec, and includes the land occupied by the building. (établissement de détention) Minister has the same meaning as in section 2 of the Act. (ministre) penitentiary means a facility that is operated permanently or temporarily by the Correctional Service of Canada for the care and custody of inmates, and includes the land occupied by the facility. (pénitencier) Employees of correctional services Subject to any applicable conditions set out in sections 3 to 14, the following employees who are required to install, use, possess, import or distribute a jammer in the course of their duties or training are exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in respect of those activities: employees of the Correctional Service of Canada; and employees of the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique. Procurement The following persons who are required to import a jammer on behalf of the Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique in the course of their duties are exempt from the application of subsection 4(4) of the Act in respect of that activity: the Minister of Public Works and Government Services of Canada; employees of the Department of Public Works and Government Services of Canada; the Minister of Public Security of Quebec; and employees of the Sous-ministériat des services à la gestion of Quebec’s Ministère de la Sécurité publique. Response to solicitation of bids A person or entity is exempt from the application of subsection 4(4) of the Act in respect of the offering for sale of a jammer if the offer is in response to a solicitation of bids in relation to the provision of jammers to the Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique. Suppliers Subject to any applicable conditions set out in sections 3 to 14, a person or entity referred to in paragraph (a), (b) or (c) that is required to install, use, possess, manufacture, import, distribute, lease, offer for sale or sell a jammer in accordance with the terms of a contract referred to in that paragraph is exempt from the application of subsection 4(4) and paragraph 9(1)(b) of the Act in respect of those activities: a person or entity that has entered into a contract with the Government of Canada for the provision of jammers, or services related to jammers, to the Correctional Service of Canada; a person or entity that has entered into a contract with the Government of Quebec for the provision of jammers, or services related to jammers, to the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique; or a person or entity that performs any part of the work under a contract referred to in paragraph (a) or (b) or any related subcontract. Purposes The exemptions under subsections (1) to (4) are granted for the following purposes: public safety, including with respect to penitentiaries and prisons; the investigation or prosecution of offences in Canada, including the preservation of evidence; and the protection of property or the prevention of serious harm to any person. Notice to Minister Before the exemptions under subsection 2(1) and (4) are invoked, the Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must provide a written notice to the Minister that contains the following information: the telephone number and email address of a person who is responsible for responding, during and outside of business hours, to inquiries related to jammers made by the Minister or by inspectors who are appointed under paragraph 5(1)(j) of the Act; the name, title, telephone number and email address of every contact person who is responsible for jammers and for ensuring compliance with this Order; for each penitentiary or correctional facility where a jammer will be installed or used the name and postal address of the penitentiary or correctional facility, an indication of whether the jammer will be used on a sporadic or continuous basis, the radio frequency bands in which the jammer will be operating, and the month and year during which use of the jammer is intended to begin; and in the case of an exemption under subsection 2(4), the name of any person or entity to which the exemption applies and the locations where a jammer is intended to be used. Update information The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must notify the Minister of any updates to the information provided under subsection (1) in the case of information provided under paragraph (1)(a) or (b), as soon as feasible after the information changes; and in the case of information provided under paragraph (1)(c) or (d), before the intended changes are implemented. Confirm information The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must confirm the accuracy of the information provided under subsections (1) and (2) once a year, on or before the anniversary of the day on which this Order comes into force. Notice to NAV CANADA The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must provide to NAV CANADA a written notice of their intention to use a jammer to interfere with or obstruct any radiocommunication at a penitentiary or correctional facility at least 28 days before the jammers are used for the first time at that penitentiary or correctional facility. The notice must contain the following information: the name and postal address of the penitentiary or correctional facility; the date on which use of the jammer is intended to begin; and the power levels and antenna patterns of the jammer and the radio frequency bands on which the jammer will be operating. Subject to subsection (3), if any of the information provided under subsection (1) is expected to change, a new written notice must be provided to NAV CANADA at least 14 days before the day on which the jammer is used for the first time; or if it has already been used for the first time, the day on which the change is implemented. Exception The notice referred to in subsection (2) is not required if the change is only in respect of information referred to in paragraph (1)(c) and the change does not have the potential to increase the interference with or obstruction of radiocommunication caused by the jammer. Restriction on installation and use An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) must not install or use a jammer in any location other than those notified to the Minister in accordance with section 3. Restriction on use by suppliers A person or entity referred to in subsection 2(4) must not use a jammer unless the use is carried out under the supervision of an employee referred to in subsection 2(1); and the purpose of the use is to test the functionality of the jammer, to perform maintenance on the jammer or to provide training in relation to jammers. Training An employee who carries out an activity under the exemption set out in subsection 2(1) must have received or be receiving specialized training for that activity. Access to directives The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must ensure that its directives in respect of jammers are accessible to the employees referred to in subsection 2(1). Restrict interference or obstruction An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) that installs or uses a jammer must make every reasonable effort to restrict the jammer’s interference with or obstruction of radiocommunication to the smallest physical area, the fewest number of radio frequencies, the appropriate power level and the minimum duration required to accomplish the intended purposes. Restrict interference or obstruction outside facility If the jammer is intended to be used on a continuous basis, an employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) that installs or uses a jammer must also make every reasonable effort to restrict the jammer’s interference with or obstruction of radiocommunication in the area above the penitentiary or correctional facility and in the areas of the penitentiary or correctional facility before the visitor control point. Minimize emissions and exposure An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) that installs or uses a jammer must do so in a manner that minimizes unwanted emissions and the exposure of any person to radio frequency fields. Analysis of jammer parameters The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must conduct an analysis of each jammer or system of jammers before it is first used at a penitentiary or correctional facility and before each subsequent change to its parameters to determine its parameters; and the measures to be taken to restrict its interference with or obstruction of radiocommunication in accordance with section 8. Jammer analysis — records The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must maintain a record of each analysis conducted. Jammer characteristics An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) must ensure that any jammer for which they are responsible allows for adjustments to its power levels and the radio frequencies that it can interfere with or obstruct. Jammer technical specifications — records The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must maintain a record of the technical specifications of each jammer that is used at a penitentiary or correctional facility. Interference and obstruction test If the Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, intends to use a jammer on a continuous basis at a penitentiary or correctional facility, it must conduct a test — in the areas of the penitentiary or correctional facility before the visitor control point — of the interference with or obstruction of radiocommunication that continuous jammer use causes to devices that are used for wireless telecommunications services. The test must be conducted for each radio frequency band that the jammer interferes with or obstructs. When test is required The test must be conducted within a reasonable time after any of the following situations occur: a jammer or system of jammers is used on a continuous basis for the first time at penitentiary or correctional facility; changes are made to the parameters of the jammer or system of jammers referred to in paragraph (a); or the Minister or an inspector appointed under paragraph 5(1)(j) of the Act requests — in the course of verifying compliance or preventing non-compliance with this Order or investigating interference that could be caused by the use of jammers at the penitentiary or correctional facility — that the test be conducted. Records The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must maintain a record of each test conducted that contains the following information: the name of each person who conducted the test and any of their relevant qualifications to conduct it; the start and end dates of the test; a description of the methods used to test for the interference or obstruction; the wireless telecommunications services for which interference or obstruction was detected; the times and locations at which interference or obstruction was detected; and the actions, if any, taken to mitigate the interference or obstruction. Prevention of non-authorized access and storage An employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) must take reasonable measures to ensure that any jammer for which they are responsible is accessible only to employees, persons or entities that are exempt from the application of subsection 4(4) of the Act; and turned off and stored in a secure location or secure manner when not in use, including during transport. Continuous use — records The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must maintain a record for each jammer that is intended to be used on a continuous basis at a penitentiary or correctional facility. The record must contain the following information: for each occasion when a jammer is turned on, either initially or after a period of non-operation the location at which, date on which and, if known, the time at which it was turned on, the radio frequency bands and, if known, the radio frequencies that were interfered with or obstructed, the name of the employee who was responsible for the jammer when it was turned on, and the reason why it was turned on, and for each occasion when a jammer stops, either by being turned off or becoming non-operation the location at which and date on which and, if known, time at which the jammer stopped, the name of the employee who was responsible for the jammer when the jammer stopped, and the reason the jammer stopped. All other use — records The Correctional Service of Canada or the Sous-ministériat des services correctionnels of Quebec’s Ministère de la Sécurité publique, as the case may be, must maintain a record of each use — by an employee referred to in subsection 2(1) or a person or entity referred to in subsection 2(4) — of a jammer intended to be used on a sporadic basis. The record must contain the following information: the location and date and, if known, time; the name of the employee, person or entity that used the jammer; the radio frequencies that were interfered with or obstructed; and the purposes referred to in subsection 2(5) for which the jammer was used. Five years after coming into force This Order ceases to have effect on the fifth anniversary of the day on which it comes into force. Registration This Order comes into force on the day on which it is registered.