8. (Industry) Radiocommunication Act – Division 36

Questions & Answers

Part 4
Division 36 – Radiocommunications Act

Q. What specifically would the proposed amendments to the Radiocommunication Act allow the Minister to do, and how does this differ from what he can currently do?

A. The proposed amendments would allow the Minister of Industry to regulate and restrict wireless devices that exploit the common radiocommunication features found in most vehicles to facilitate auto theft. Currently, the Act prohibits individuals from intercepting radiocommunication signals without permission from either the originator or the intended recipient. However, this provision has not proven to be effective in preventing harmful or criminal activity. These amendments would provide the Minister of Industry with explicit statutory authority to regulate or otherwise restrict the wireless devices responsible for facilitating harmful interception, such as what is seen in auto theft.

Q. How will the proposed new legislation function, in practical terms?

A. Should the Minister choose to exercise the authority provided in the amendments to the Act, he or she will issue a ministerial order, which will contain all details as to the regulation or restriction of any devices, as well as an explanation pertaining to the reason for enacting the order. The order may also provide certain exemptions to allow for the legitimate use of devices.

Q. What sort of oversight, or requirements will regulation developed under this new legislation need to meet?

A. The Minister will publish any orders made in the Canada Gazette. Furthermore, orders will be subject to the requirements and procedures set out in the Statutory Instruments Act, which provides for Parliamentary oversight.

Q. How will the Minister decide which devices should be subject to restriction?

A. The Minister will engage with stakeholders to gather information on wireless devices used in auto theft. The Minister will use this information to support his decisions in determining which wireless devices should be subjected to additional regulations and restrictions, and under which circumstances.

Q. What measures will be in place to enforce the restrictions established by the Minister?

A. Anyone violating an order by the Minister may be subject to Administrative Monetary Penalties (AMPs) or could be found guilty of an offence under the existing provisions of the Radiocommunication Act.

Q. How will government action under this amendment keep up with the ever-changing technological environment?

A. Delegation of this authority to the Minister provides flexibility as he can adjust orders, or create new orders, over the course of time as technologies evolve.

Q. What is the purpose of empowering the Minister to incorporate documents by reference?

A. This empowers the Minister to use internal or external documents to support restrictions or exemptions made in an order. For example, the order may exempt members of a specific professional association from the prohibition by pointing to their list of members. Note that any documents incorporated into an order by reference are required to be accessible to the public.

Q. Can the proposed amendments be used to address harmful criminal activities beyond auto theft?

A. Yes. While the immediate policy intent of the proposed amendments is to address the rise in auto theft using wireless devices, the amendments provide flexibility for the Minister to address other instances of harmful interception in the future.

Overview

Part 4
Division 36 – Radiocommunications Act

In February 2024, the Government of Canada hosted a National Summit on Combatting Auto Theft, during which the Minister announced the intent to regulate the import, sale, distribution, and use of wireless devices used to conduct auto theft. Expanding on this announcement, Budget 2024 announced the Government of Canada’s proposal to amend the Radiocommunication Act (RA) to enable the Minister of Industry to regulate radiocommunication devices that may be used to intercept radiocommunication, including those used for the purposes of auto theft.

Emerging and existing wireless devices are being used to steal automobiles by exploiting the common radiocommunication features which are built into most modern vehicles. Particularly these devices intercept the radiocommunication signals between remote car keys (commonly known as key fobs) and vehicle computer systems. The additions to the RA provide the explicit statutory authority for the Minister of Industry to regulate wireless radiocommunication devices that are believed to be used to facilitate crime, including auto theft.

The proposed changes amend the RA to, among other things, prohibit the manufacture, import, distribution, lease, offer for sale, sale or possession of certain devices, specified by the Minister of Industry. It also amends the RA to establish as an offence or a violation the contravention of that prohibition. The amendments to the Act will come into force upon the Budget Implementation Act (BIA) receiving Royal Assent.

Through these amendments, the Minister would be able to restrict or limit access to relevant devices, including removing them from the Canadian marketplace. In addition, as the technological landscape evolves, the Minister would have the authority to regulate new devices that may become tools for other criminal activity that exploits radiocommunication in the future.