Home

Site Map

Contact RAC

Join RAC

Search

Français


  Log Into Members' Section  
Register Mbr. No.: Password: Forgot your password?

RAC

Radio amateurs take pride in the fact that they have a high standard of operating ethics, and are largely self regulating. However, there are cases where the strong arm of Industry Canada may be the only way to resolve a particular situation.

The following questions and answers have been prepared in cooperation with Industry Canada to help Canadian amateurs deal with enforcement cases. 

Please do everything possible to resolve a situation peacefully within the amateur community. If however you are faced with a situation requiring action by IC in your area, please read ALL the following questions and answers carefully before approaching your District Offices with a complaint.


Q - What is Industry Canada's mandate to enforce the Radio Regulations?

A - As per paragraph 5(1)(n) of the Radiocommunication Act "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, do any other thing necessary for the effective administration of this Act".


Q - How does Industry Canada decide when enforcement is necessary ?

A - SIZE="3">The amateur radio frequency bands are authorized for the use of all amateurs on a shared basis. Therefore, Industry Canada will not become involved in attempting to sort out situations that appear to be personal quarrelling between different groups of amateurs.


Q - What can amateurs do to encourage Industry Canada to take action?

A - SIZE="3">Industry Canada is prepared to institute enforcement action in any situation where it can be demonstrated that there is flagrant and/or repeated abuse of regulations/standards. 

Therefore, if amateurs believe compliance action by Industry Canada is required, in order to demonstrate to the department that this is a valuable use of public resources, they should contact the local IC District Office with the following information:

1) distinctly indicate which regulation or standard is not being respected.

2) provide a summary of the measures that have been undertaken to date by the amateur community in an attempt to correct the non-compliant behaviour.

3) provide justification that demonstrates that the situation in question appears to be a flagrant and/or repeated abuse of regulations or standards and therefore it will likely only be corrected through direct intervention by Industry Canada.


Q - Where is the Industry Canada District Office nearest to me?

A - See RIC-66 available on the Industry Canada web site.


Q - How do Industry Canada inspectors enforce the regulations?

A - Radio inspectors  may use certain tools such as a "Notice to Appear" or a "Summons" to deal with summary conviction offences to help resolve harmful interference and administrative predicaments expeditiously.

The department's ticketing process, under the Contraventions Act, is another tool that can be considered by the inspector. Both are designed to educate and encourage the accused to comply with the appropriate laws or regulations and, ultimately, act as a penalty for failure to do so.

Tickets may require the payment of fines whose amount depends on the severity of the offence, but can run to hundreds of dollars.

Information about fines can be found on in a document entitled "Administrative Fines" on the Industry Canada web site at:

http://strategis.ic.gc.ca/SSG/sf01374e.html#InternalProceduresCirculars


Q - What is the procedure used by Industry Canada to enforce regulations?

A - Detailed procedures are described in Industry Canada document IPC-3-24-13 entitled "Notice to Appear and Summons for Summary Conviction Offences Contravening the Radiocommunication Act"

A copy of this document in pdf format can be downloaded from the Industry Canada web site at:

http://strategis.ic.gc.ca/SSG/sf01374e.html#InternalProceduresCirculars


Q - It often seems that Industry Canada does not have the resources to deal with amateur violations. Is this a fair assessment of the situation?

A - Industry Canada responds that compliance action is carried out by local District Offices and the time that they can devote to such activities varies according to local resource availability and immediate priorities. As can be imagined, any potential enforcement action, amateur or otherwise, can involve many hours of investigative activity by Industry Canada staff.


Q - Where can I get further information about surveillance and enforcement?

A - Contact the Industry Canada Amateur Radio Service Centre at the following address:

Amateur Radio Service Centre