What happens if your radio product is not ISED-compliant

Written by Koby Smutylo, lawyer (Law Society of Ontario, called 2001), ISED Canadian Representative since 2010. Last reviewed 24 September 2026.

The two prohibitions

The Act separates two failures, and they carry different consequences.

No certificate. Section 4(2) says no person shall manufacture, import, distribute, lease, offer for sale or sell radio apparatus "for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate." For Category I equipment that means ISED certification and a listing in the Radio Equipment List. RSS-Gen section 3.4.1 puts it operationally: a Category I device that is not on the REL may not be imported, distributed, offered for sale or sold in Canada.

Non-compliant equipment. Section 4(3) applies the same prohibition to equipment "for which technical standards have been established" unless it complies with those standards. This reaches a product that meets the paperwork but not the RSS, and a Category II product that needs no certificate but still has to meet its standard.

Both prohibitions apply to everyone in the chain: the foreign manufacturer, the Canadian importer, the distributor and the retailer.

Administrative monetary penalties

Since 2014 the Act has a penalty regime that runs alongside prosecution. Under section 15.1, a contravention of section 4(1), 4(3) to 4(5) or 5(1.5) is a violation, and the person who commits it is liable to:

These are ceilings. Section 15.11 sets the amount by reference to the nature and scope of the violation, the person's compliance history, any benefit obtained, and ability to pay, and it states that the purpose of the penalty "is to promote compliance with this Act and not to punish." ISED's guidance on the regime is CPC-3-24-01.

Three further provisions matter to a manufacturer:

• Undertakings. Once a notice of violation is served, the person may enter into an undertaking with ISED under section 15.13 — in effect a compliance agreement.
• Due diligence. Section 15.17 makes it a defence to show that the person exercised due diligence to prevent the violation. A test report, a certification, a representative appointment and a record of checking what was shipped are what that defence is built from.
• Publication. Section 15.24 lets the Minister publish the name of the violator, the nature of the violation and the amount of the penalty.

Prosecution

Contravening section 4 is also an offence under section 10(1). On summary conviction, an individual is liable to a fine of up to $5,000, imprisonment of up to one year, or both, and a corporation to a fine of up to $25,000. The per-conviction figures are modest, but section 10(3) makes each day on which the offence is committed or continued a separate offence. Under section 11, an officer, director or agent who directed, authorized, assented to, acquiesced in or participated in the corporation's offence is a party to and guilty of the offence.

Seizure

Under section 8.1 an inspector may seize and detain radio apparatus that they have reasonable grounds to believe is or was used to contravene the Act. Seized equipment can be held while proceedings run and can be forfeited. For a manufacturer, that is inventory in a Canadian warehouse or with a Canadian distributor.

Losing a certificate you already have

A certificate is a "radio authorization" under the Act, and section 5(2) lets the Minister suspend or revoke one after written notice and an opportunity to respond, where the Minister is satisfied the holder has contravened the Act, the regulations or the terms and conditions of the authorization, or obtained it by misrepresentation.

This is where the Canadian Representative requirement matters. RSP-100 section 4.1 requires an applicant outside Canada to maintain a Canadian representative for as long as the product is offered in Canada. A representative who has closed, been acquired or stopped answering leaves the applicant offside section 4.1, usually without knowing it until ISED sends an enquiry that goes unanswered. We describe how that happens, and how to fix it, in how long a Canadian Representative must remain appointed and changing your Canadian Representative.

The commercial consequences

The regulatory tools above are the ones ISED holds. The consequences a manufacturer is more likely to meet first come from its own customers. Canadian importers and retailers carry the section 4 exposure too, so their compliance teams ask for the IC number, check the REL, and ask for the representative's letter. A marketplace may remove a listing it cannot match to a certification; see Amazon.ca and wireless products. A cellular product may also need carrier approval before a Canadian network will accept it, which is separate from ISED certification. None of these outcomes needs an ISED enforcement file to be opened.

If you find a gap

Stop shipping the affected models into Canada while you close it. Certify the product, or confirm that it relies properly on a certified module, and check the certification number against the REL. Appoint a Canadian representative if you are outside Canada, and make sure the label matches the REL listing. Keep the test report, the certificate, the representative's letter and a record of what you shipped and when — that file is the due diligence defence in section 15.17 and the answer to your customers' compliance questions. If ISED has already contacted you, answer it promptly and through someone who can speak for you in Canada; an undertaking under section 15.13 is available once a notice of violation is served.

What is the penalty for selling uncertified radio equipment in Canada?

Selling radio apparatus without the required certificate contravenes section 4(2) of the Radiocommunication Act and is a summary conviction offence: up to $25,000 for a corporation and up to $5,000 or one year's imprisonment for an individual, for each day the offence continues. Selling equipment that does not meet ISED's technical standards can also draw an administrative monetary penalty of up to $10 million for a corporation's first violation.

Are ISED penalties really up to $10 million?

Yes, as a ceiling. Section 15.1 of the Radiocommunication Act sets a maximum of $10,000,000 for a first violation and $15,000,000 for a subsequent one by a corporation. The amount in a given case depends on the factors in section 15.11, and the Act states that the purpose is to promote compliance, not to punish.

Can ISED seize my products?

Yes. Section 8.1 allows an inspector to seize and detain radio apparatus they have reasonable grounds to believe is or was used to contravene the Act. Seized equipment can be detained while proceedings run and can be forfeited.

Can ISED cancel a certification that has already been granted?

Yes. A certificate is a radio authorization, and under section 5(2) of the Act the Minister may suspend or revoke it after notice, where the holder has contravened the Act, the regulations or the terms and conditions of the certificate, or obtained it by misrepresentation.

Is due diligence a defence?

For administrative monetary penalties, yes. Section 15.17 makes it a defence to establish that you exercised due diligence to prevent the violation. Certification, a current Canadian representative, correct labelling and retained records are the evidence that defence rests on.

Can company directors be held personally liable?

For offences, yes. Section 11 makes an officer, director or agent who directed, authorized, assented to, acquiesced in or participated in the corporation's offence a party to it.

What happens if my Canadian Representative stops responding?

You are offside RSP-100 section 4.1, which requires a Canadian representative for as long as the product is offered in Canada. Appoint a replacement promptly and notify your certification body; the gap usually comes to light when an ISED enquiry goes unanswered.

Related: RSP-100 section 4.1, the Canadian Representative requirement · Canadian labelling requirements · The Canadian Representative service.