LiveATC Discussion Forums

Air Traffic Monitoring => Listener Forum => Topic started by: Steve Tsuida on November 24, 2008, 11:24:35 AM

Title: Quick question about it being legal in Canada.
Post by: Steve Tsuida on November 24, 2008, 11:24:35 AM
Hi all, I just took a restricted operator something-or-other test for part of Ground School at a flight school in Canada, and I noticed something during the exam.

In the Canadian Radio Communications act "R-2" in section 9.2 they say:
"Except as prescribed, no person shall make use of or divulge a radio-based telephone communication
(a) if the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made; and (b) unless the originator, or the person intended by the originator to receive the communication consents to the use or divulgence."

Having not read much past this, does communicating over the air as an aviator imply you as the so-called "originator" consent to "use or divulgence".

http://laws.justice.gc.ca/en/T-3.4/text.html

In other words, if I bought a scanner to set up a stream for CYBW, would I be breaking the law here in Canada? (Since the signal I'd be streaming would originate from an IP adress in Canada.)
Title: Re: Quick question about it being legal in Canada.
Post by: EdmontonFireRadio on November 24, 2008, 11:32:25 AM
While not ATC related, we have been broadcasting the audio for the Edmonton Fire Department for a little over a year now. The EFD is aware of the feed and actually sends listeners our way.

Not long ago we were featured in The Edmonton Sun and Edmonton EMS were asked if there were any problems in regard to privacy. They confirmed that there was no problem with the feed being online.

If you would like to take a look at the article you can view the PDF here:

http://rdo8cg.bay.livefilestore.com/y1pN-9LZ22FESmFRA6Rz0RGYETbzeJBLotLE44zlwFPTtFi7hWO48cQu6UWJGU_bMBdbuJonh1-caA/EFR%20Sun%20Article.pdf?download
Title: Re: Quick question about it being legal in Canada.
Post by: bcrosby on November 24, 2008, 01:20:06 PM
Hi Steve,

I asked the exact same question:

http://www.liveatc.net/forums/listener-forum/canada-law-streaming/msg25893