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DATE:
File No.: NS 6952-03 / 395254
RDIMS No.: Dragon 7092
MEMORANDUM FOR THE SE!
ASSIS’
DEPUTY MINISTER
UPDATE ON ENHANCEMENTS TO THE LAWFUL INTERCEPTION
IN (CENCE FO} PRO
(Information only)
ISSUE
To provide an update on ongoing efforts to enhance to the lawful interception condition of
licence forbearance program.
BACKGROUND
Under the Radiocomunication Act (RA), the Minister of Industry has the authority to
grant wireless licences to telecommunication service providers (TSPs). TSPs must
comply with the conditions of their licence in order to deliver wireless services in Canada.
Certain, but not all, licences have an applicable lawful interception condition, which
requires TSPs to have and maintain lawful interception capabilities as outlined in the
Solicitor General's Enforcement Standards for Lawful Interception of
Telecommunications (SGES).
‘As part of this condition, the Minister of Industry, in consultation with
Public Safety Canada (PS), has the power to grant forbearance to any licence holder
from complying with all or part of the SGES. As such, when TSPs cannot meet the
‘SGES requirements, they apply to Industry Canada (IC) for forbearance. The forbearance
allows TSPs to continue to provide services while
to develop technical solutions to eventually meet the SGES.
requirements. PS has been coordinating PS Portfolio advice to IC for each of these
requests on a case by case basis.
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Last spring, the Investigative Technologies and Telecommunications Policy (ITTP)
Division undertook to review and enhance the lawful interception condition of licence
forbearance program (ANNEX A). The objective is to ensure that the lawful interception
capabilities of public safety agencies are maximized within the existing regulatory
framework.
Implementing this strategy will achieve several outcomes.
Several of these instruments have already been operationalized, while others require
further analysis and consultation. Attached at ANNEX B is a brief report on the progress
of these initiatives.
CONSIDERATIONS
PS will
‘most
continue to provide leadership on the forbearance file, and will
of the proposed enhancements.
the upcoming,
700MHz. auction, will allow for the TSP engagement process to remain manageable.
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‘Over the past several years, IC officials have had difficulties in monitoring TSPs?
compliance with the lawful interception condition of licence. While IC will remain
responsible for the condition of licence and for granting forbearance to TSPs, PS direct,
engagement with licence holders to assess their compliance level will reduce the burden on
IC and provide the Portfolio with valuable information on the interception
NEXT STEPS
We will continue to work wit IC to refine and implement the
forbearance strategy. We will keep you informed of progress.
Should you require additional information, please do not hesitate to contact me or
Marie-Héléne Chayer, Director, Investigative Technologies and Telecommunications
Policy, at 613-949-3181.
Michael MacDonald
Director General
National Security Operations Directorate
Prepared by: Shawn Plunkett
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