Is Industry Canada dealing Canada's Satellite Dealers another "FAST ONE"?

[To The Real King!!]

Hi Everyone,

Well here we go again. It looks like the Satellite industry is being dealt another blow, this one fatal .

On the Industry Canada web site at

<A HREF="http://strategis.ic.gc.ca/SSG/rz00017e.html

[gunsmoke2]

This a proposed draft only, which might or might not come into effect.

It probably will but could take quite awhile as it is only at a propose draft status.

This has been in the works for awhile and covers a whole range or products..

It is for improving energy conservation and comsumption guidelines.. also for improving guildlines fro CSA approvals etc.

They are also working with US and other countries to improve these guild lines.

This not directed at Satellite equipement per say and doesn't even include some harmonized codes use to bring in Satellite equipement.

My consultant at my Customs broker who has a Directv system knows the situation and at first impressions is does not related or is intended for the use to end the importation of Satellite equipement.

For the new proposed draft to improve energy conservation and comsumption and other electrical guideline improvements would apply to any satellite equipement that falls into the new proposed draft.. that includes ExpressVu and Starchoice.

I believe its premature to conclude that this is to put an end to US DSS.. this has such a wide scope of products most of which don't relate to DSS. Again its about standards and improving them.

[gunsmoke2]

More information.. please note that the date of May 2000 will most likely be put back.

Scernio one is somewhat the same as now except you must have the 10 digit harmonized code available for pre- clearance.

Right now you can sumbit it after the goods have cleared by customs.

Many Large companies complain that it was impossible from them to always have the 10 digit harmonized code available for pre clearance in advance as there have so many shipments coming with so many different harmonized codes.

So actually Industry created an alternative option for them so they could eliminate that procedule which is scernio two. It is an option not mandatory.

Where Industry Canada will use this as a tool to get at importers of US DSS is open for speculation, anything is possible with them.

I will continue to investigate this and report back when I have new information.

Canada proposes changes to import requirements for telecommunication apparatus

November 15, 1999 — After consulting with interested parties, Industry Canada has proposed changes to their compliance monitoring measures, scheduled to take effect in May 2000.

Background

Starting May 2000, in addition to the information normally required by Canada Customs, the following information (currently provided on a voluntary basis) is expected to be a mandatory requirement for certain types of telecommunication and radio-communication equipment, and for computers which contain modems.

Proposed changes

The changes would allow importers of telecommunication apparatus to enter into a compliance agreement with the government instead of being required to provide certain information to Customs before the goods are released.

Both scenarios are outlined below.

Scenario 1 - Provide information to Customs at time of release request

A person importing a telecommunications apparatus into Canada for a purpose referred to in paragraph (g) will be required to provide the following information to a customs officer at a customs office prior to the release of the apparatus under the Customs Act:

A-the person's name and address;
B-the model, if any, of the apparatus;
C-the model number of the apparatus;
D-the brand name, if any, of the apparatus;
E-the quantity of telecommunication apparatus of each model number being imported;
F-the certification number, if any, identified as such in a TAC and appearing on the marking affixed on the apparatus; and
G-the purpose, from the following list of purposes, for which the telecommunications apparatus is being imported, namely,
1-lease, offer for sale, sale or distribution in Canada, or unknown;
2-testing a model to obtain a TAC or to ensure compliance with technical specifications;
3-exportation to countries other than Canada, or
4-modification of the apparatus

Scenario 2 - Enter into a compliance agreement:

If a person is importing a telecommunications apparatus into Canada for a purpose referred to in paragraph (g) above, it will not be necessary for them to provide this information to a customs officer if, prior to the date of entry into Canada of the telecommunications apparatus, they do the following:

A-the person enters into an agreement renewable annually with the Minister providing:
1-for implementation of, and compliance with, procedures and processes to ensure that the person imports into Canada only apparatus that complies with the Regulations;
2-an undertaking to submit to audits, including on-site audits, conducted by or on behalf of the Minister for the purpose of assessing compliance with the agreement;
3-an undertaking to provide to the Minister, within 5 business days after a request, any of the above information as well as any other information deemed required to evaluate the impact of a non-compliance; and
B-the person does not commit a material breach of the agreement.

Why is this information required?

The aim of this program is to collect information which will verify compliance with all relevant Canadian regulations and international agreements.

[To The Real King!!]

Hi GS2,

Please let us know what you find out.

I talked to Mr. Ian Angus about this yesterday and again this morning. He obtained the documents and read them. He expressed considerable concern about this today but will get more info too.

Please note your last sentence above <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>The aim of this program is to collect information which will verify compliance with all relevant Canadian regulations and international agreements.<HR></BLOCKQUOTE>

Notice that it says will verify complience with ALL relevant Canadian regulations and International agreememts.

Now it does NOT say CUSTOMS regulations which it could have said.

The RC Act is a REGULATORY ACT or, in other words, a REGULATION and I will bet my bottom dollar that they will veryify compliance with THEIR INTERPRETATION of that.

I have a Canada Customs document in hand that says
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR> The RC Act does NOT prohibit or regulate importation of satellite equipment, rather it makes it an offence for a person to use devices for the purpose of decoding unauthorized television programming.<HR></BLOCKQUOTE>

What does that mean. As DSS systems CANNOT decode any AUTHORIZED programming in Canada (DTV are NOT authorized and it CANNOT decode the BEV signal or the Star Choice signal) then there appears to be NO DANGER. Possibly DISH units (which are the same as ExpressVu units) technologically could do that but I have never see nor heard that so there appears to be little danger here either.

As that is NOT quite what the RC Act says (READ 10-2.3 in FRENCH) why are they saying this. I believe it is to begin to assert their right in the last sentance of your post GS2. What other reason would they have for sending this letter out to importers. They seem to be using the incorrect RCMP/Industry Canada interpretation possibly. The accompanying cover letter says "Dear Importer" who is the addressee.

The letter is signed by

Nick Fabiano,
Assistant Director,
Custom Client Services division
Ontario- East and North and Nunavut Division.
Further info TEl: 613-991-0537 or Fax: 613-952-7149


I see, smell and feel a FAST ONE coming from Industry Canada who verify the compliance (not Customs Canada).

Thanks

To the REAL King!!
------------------
Freedom has nothing to fear from the truth!
http://www.legal-rights.org/pulsar.gif VOTE REFORM!! http://www.legal-rights.org/pulsar.gif
http://www.legal-rights.org/lrbanner.gif
http://www.legal-rights.org
Now open with lots of useful resources at your disposal!

[gunsmoke2]

Hi TTRK,

I am also very concerned and working on it behind the scenes... this was not intended to be used in the way we are concern about, however we both know that they can easily use it for the purpose that concerns us.


Why is Industry Canada Implementing an Importation Monitoring Program?

--------------------------------------------------------------------------------


Canada has signed or endorsed Mutual Recognition Agreements (MRAs) with many countries such as the European Community and the economies of the Asia-Pacific Economic Cooperation. When the second phase of these MRAs comes into effect, Canada will allow Certification Bodies in other nations to certify the compliance of equipment with Canadian telecommunications, radio, and EMC requirements. Industry Canada is implementing this importation monitoringprogram to ensure that equipment thatis imported into Canada is properly certified under the terms of the Telecommunications and Radiocommunication Acts.
It is intended for Industry Canada's importation monitoring program to be made compulsory as the regulations come into effect.

[gunsmoke2]

Hi TTRK,

So far the product should comply with the sections of the Radiocommunication Act quoted below.

It does not include sections 9 & 10 as this is related to have a system of standardistion of compliance with Canada and other countries. - GAT

Whether or not Industry Canada will turn this into their separate agenda or not is what we have to find out.

Its being work on discreetly which could take awhile.


Product Certification
--------------------------------------------------------------------------------


Has Your Product Been Certified?

Telecommunications equipment and Category I radiocommunication equipment must be tested and certified for compliance with Canadian requirements before going to the Canadian market. In Phase I of the applicable MRA, testing to Canadian standards may be done by Industry Canada's Certification and Engineering Bureau, by accredited Canadian Laboratories, or by foreign laboratories designated by their respective authorities.

When the second phase of the MRAs comes into effect, Canada's MRA partners will be able to designate Certification Bodies that can certify products for compliance with Canadian requirements. In order to provide traceability, lists of ALL radiocommunication and terminal equipment certified to Canadaian requirements are compiled by Industry Canada. These lists are made available for public access.

The Radio Equipment List (REL) database contains a list of ALL radiocommunication equipment that has been certified for use in Canada.

The Terminal equipment List (TEL) database contains a list of ALL terminal equipment that has been certified for use in Canada.

Note that if a product has been certified for use in another country, this doesn't mean that it is certified to Canadian requirements.


--------------------------------------------------------------------------------
Prohibitions
--------------------------------------------------------------------------------

There are clear prohibitions in the Telecommunications Act and Radiocommunication Act against the importation of non-certified equipment when certification is applicable.

Quoting from the Radiocommunication Act:
Prohibitions

4. (2) No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate.

(3) No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio-sensitive equipment for which technical standards have been established under paragraph 6(1)(a), unless the apparatus or equipment complies with those standards.


Quoting from the Telecommunications Act:
Prohibitions

69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate.

(2) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which technical specifications or markings are required under paragraph 69.4(1)(a), unless the apparatus complies with those requirements.


--------------------------------------------------------------------------------