The radiofrequency spectrum is a valuable and scarce resource. Innovation, Science and Economic Development Canada (ISED) is responsible for developing policies for how this resource may be used and ensuring its effective management for the benefit of all Canadians. When providing access to spectrum and regulating its use, ISED seeks to maximize the economic and social benefits that Canadians derive from the use of this resource.
To ensure that spectrum is available and can be used reliably, ISED establishes technical and non-technical requirements in licences, standards, and operating certificates. These requirements also ensure that wireless devices in Canada are safe and support a competitive wireless market.
Where these requirements are not being met, most cases are inadvertent, often accidental, and are usually resolved by communicating and working with the party to identify solutions and ensure compliance. In some cases, written notices may be issued advising the party of the need to come into compliance with the requirements set by ISED.
Administrative monetary penalties
In cases where ISED’s spectrum requirements are not being met through voluntary compliance, several different actions may be taken. These include imposing an administrative monetary penalty (AMP) which are financial penalties intended to encourage compliance with regulatory requirements. AMPs allow for a measured and proportionate response to range of violations under the Radiocommunication Act.
When ISED has identified a violation and imposes an AMP, it will issue a notice of violation, which will outline the violation that has occurred, the penalty that has been imposed and options available to the violator.
Information on AMPs that have been imposed will be posted on Public Notices of Enforcement Actions.
If you have been issued a notice of violation and would like to know more about your options, please consult CPC-3-24-01 — Administrative Monetary Penalties (AMPs) Under the Radiocommunication Act — Guidance to Stakeholders.
The Frequently Asked Questions include additional information.
Other compliance and enforcement measures
The imposition of AMPs is one of several different actions that may be taken by ISED to enforce its requirements and to ensure compliance with the Act. Other possible actions include: issuing tickets, which include small fines; issuing orders to take specific measures to come into compliance where radio interference is being caused; seizing devices that do not meet technical standards or are prohibited, such as jammers; and prosecution of regulatory offences.
Public Notices of Enforcement Actions
|Reference no.||Name of violator||Violation||Description of the violation||Other information|
|2017-AC-01||Radio Montmagny inc.||Installation, operation, or possession of any radio apparatus in contravention of any term or condition of a spectrum licence or, when used for broadcasting, in contravention of any term or condition of a broadcasting certificate.||Radio Montmagny inc. has not ensured that their radio installation at the CIQI-FM transmission site meets Health Canada's Safety Code 6 at all times, contrary to the General licence condition that applies to its broadcasting certificate. In particular, the site exceeded the RF exposure limits for uncontrolled environments and Radio Montmagny inc. failed to take corrective measures required to ensure compliance.|| |
An undertaking was negotiated pursuant to subsection 15.13(1) of the Radiocommunication Act between Radio Montmagny inc. and Innovation, Science and Economic Development Canada (ISED).
The conditions of this undertaking include:
The undertaking notes that the certificate holder became compliant with respect to the acts and omissions that were the subject of the undertaking and Notice of Violation 2017-AC-01.
|2018-HQ-01||Maritime Broadcasting System Limited||Installation, operation, or possession of any radio apparatus in contravention of any term or condition of a spectrum licence or, when used for broadcasting, in contravention of any term or condition of a broadcasting certificate.||Maritime Broadcasting System Limited has been found to be operating a broadcasting station without complying with the terms and conditions of its broadcasting certificate, namely, meeting the requirements of Broadcasting Procedures and Rules BPR-2 — Application Procedures and Rules for AM Broadcasting Undertakings. In particular, Maritime Broadcasting System Limited failed to maintain adequate access control measures at its CKAD site in Middleton, Nova Scotia.||An undertaking was negotiated pursuant to subsection 15.13(1) of the Radiocommunication Act between Maritime Broadcasting System Limited and Innovation, Science and Economic Development Canada (ISED). |
The conditions of this undertaking include:
- maintain adequate access control measures at its CKAD site.
The undertaking notes that the certificate holder became compliant with respect to the acts and omissions that were the subject of the undertaking and Notice of Violation 2018-HQ-01.